orders of the day, as he thought there was time for acting on both. If that motion was made he should vote for it; but he could not vote for its immediate consideration, as he thought the bill advocated by the gentleman from New Jersey one of great importance, and entitled to the priority. Mr. HAYNE observed, that, in his opinion, in a question of preference, the bill longest acted upon was entitled to the priority. The West India Trade bill had lain for a long time on the table, while the Woollens bill came within a short time from the other House. Therefore, if the latter was now acted upon in preference to the former, the order would be reversed. The Colonial Trade bill must be passed and sent to the other House, there also to be considered and concurred in; while the Woollens bill had already been acted upon by the other House. If the Senate refused to take up the West India bill, they would give the preference to a bill of minor importance, and that which had come latest before them—a course which, he trusted, they were not ready to adopt.

Mr. HOLMES thought the discussions which had taken place within a few days, had been very unprofitable, as they had entirely turned upon the preference of different bills. In this way, time enough had been wasted to have passed both bills. He did not think it so important which bill was taken up, as that one or the other should be acted upon without further delay.

Mr. JOHNSTON, of Louisiana, said he felt it his duty to press the bill to regulate the Colonial Trade, as a charge of negligence would, with reason, be made against him, as Chairman of the Committee of Commerce, did he allow matters of minor importance to interpose and prevent this bill from being brought up in time to be passed. He had no intention to take any advantage over any other measure, but urged the bill through a consideration of duty. He hoped the gentleman from New Jersey would acquiesce in the consideration of this bill, when he reflected on its great importance, and that his bill would come up in its order.

Mr. JOHNSON, of Kentucky, said, that his predictions were every moment verified; and he was now more convinced than ever that the Woollens bill could not be acted upon this year. It was plain that both could not be passed, and also that, of the two, the Colonial Trade bill was entitled to the preference, from its importance. There were now but ten days remaining, and he hoped no more time would be wasted in useless disputes, but that the gentleman from New Jersey would give way.

The question was then taken on the motion to take up the Colonial Trade bill, and carried.

[FEB. 21, 1827.

Newfoundland, St. Johns, Cape Breton, and the dependencies of them, or any other Colony or possession, under the dominion of Great Britain, in the West Indies, or on the Continent of America; and any vessel, which shall have cleared from any port or place in the Colonies or possessions above described, and afterwards taken in a cargo at any port or place in any of the Colonies or possessions aforesaid, or which, having cleared from any port or place in the Colonies or possessions aforesaid, with a cargo, shall, afterwards, in the same voyage, have touched at, or again cleared from, any other port or place, shall, nevertheless, be deemed to have come from a port or place in the Colonies or possessions aforesaid, within the meaning of this act; and every vessel, so excluded, as aforesaid, from the ports of the United States, that shall enter, or attempt to enter, the same, in violation of this act, shall, with her tackle, apparel, and furniture, together with the cargo on board, be forfeited to the United States.

"Sec. 2. And be it further enacted, That, from and after the thirtieth day of September next, the owner, consignee, or agent, of every vessel, owned wholly, or in part, by a subject or subjects of his Britannic Majesty, which shall have been duly entered in any port of the United States, and on board of which shall have been there laden, for exportation, any article or articles, of the growth, produce, or manufacture, of the United States, other than provisions and sea stores necessary for the voyage, shall, before such vessel shall be cleared outward, at the Custom-house, give bond, in a sun double the value of such articles, with one or more suretics, to the satisfaction of the Collector, that the article or articles, so laden on board such vessel for exportation, shall be landed in some port or place other than any port or place in the abovementioned Colonies or possessions; and any such vessel that shall sail, or attempt to sail, from any port of the United States, without having given bond as aforesaid, shall, with her tackle, apparel, and furniture, together with the article or articles aforesaid, laden on board the same as aforesaid, be forfeited to the United States: Previded, always, That nothing in this act contained shall be deemed, or so construed, as to violate any provision of the Conventions to regulate Commerce between the Territories of the United States and of his Britannic Majesty, which were concluded, respectively, on the third day of July, one thousand eight hundred and fifteen, and on the twentieth day of October, one thousand eight hundred and eighteen.

"Sec. 3. And be it further enacted, That the form of the The bill, as follows, was accordingly taken up in Com-bond aforesaid shall be prescribed by the Secretary of the mittee of the Whole.

"A BILL to rgulate the Commercial Intercourse between

the UnitedStates and the Colonies of Great Britain. "Be it enated, &c. That, from and after the thirtieth day of Septeiber next, the ports of the United States shall be, and emain closed against any and every vessel coming, or anving, by sea, from any port or place in the British Colores, or possessions, hereinafter mentioned, to wit: The Btish possessions in the West Indies, and on the Continer of South America, the Bahama Islands, the Islands calle Caicos, the Bermuda or Somer Islands; the British possesions on the coast of Africa; the Colony of the Cape ofsood Hope, and the Islands, settlements, and territories, longing thereto, and dependent thereupon; the Islandsof Mauritius and Ceylon, and the several Islands andTerritories belonging to and dependent on each, respetively the British settlements in the Island of New Hoand, and the several Islands and Territories belonging hereto, and dependent thereon; the Island of Van Diema's Laid, and the several Islands belonging thereto, and dependent thereon; Lower Canada, the Provinces of New Brunswick and Nova Scotia, the Islands of

Department of the Treasury; and the same shall and may be discharged, and not otherwise, by producing, within one year after the date thereof, a like certificate to that required by, and under the regulations contained in, the eighty-first section of the act to regulate the collection of duties on imports," passed the second day of March, seventeen hundred and ninety-nine, that the articles of the growth, produce, and manufacture, of the United States, laden as aforesaid, were unladen and landed conformably to the provisions of this act, or in case of loss by sea, by capture, or other unavoidable accident, by the production of such other proofs as the nature of the case will admit, according to the provisions of the eighty-first section of the act aforesaid.

"Sec. 4. And be it further enacted, That all penalties and forfeitures incurred by force of this act, shall be sued for, recovered, distributed, and accounted for, and may be mitigated or remitted, in the manner, and according to the provisions, of the revenue laws of the United States.

"Sec. 5. Provided, nevertheless, and be it further enacted That this act shall not take effect, nor go into operation if, before the said thirtieth day of September next, th President of the United States shall receive satisfactor

FEB. 21, 1827.]

The Colonial Trade Bill.

[SENATE.

merchandise, imported from the same Colonies and possessions. And, from and after the date of such proclamation, the first and second sections of this act shall be suspended." The bill having been read

Mr. JOHNSTON, of Louisiana, the Chairman of the

evidence that the said Colonies and possessions aforesaid, are open to the admission of the vessels of the United States coming from the said United States; that neither such vessels, nor their cargoes, are subjected to any other or higher duties or charges than British vessels, and their cargoes, arriving from the United States, in the said Colo-Committee, said, he did not propose to take up the time nies and possessions, are subjected to; that the vessels of the Senate in making an opening speech. The report of the United States may import into said Colonies and contained as clear and succinct a view of the case as he possessions, from the United States, any article or articles could present. He should wait to see the amendments which a British vessel could, by law, import from the that might be proposed, upon which he would endeavor United States into the said Colonies or possessions, and to give all the information in his power, and all the exthat the vessels of the United States may export, to any planations that might be required. He said the bill con. country whatever, other than to the dominions or posses-cerned two great interests of the country-the Agriculsions of Great Britain, any article or articles, from the said tural and the Navigating; and it was natural that gentleColonies or possessions, which vessels of Great Britain men, representing those interests here, should entertain may export therefrom. And, if the President of the different views, with regard to the policy to be adopted. United States shall receive such satisfactory evidence as But these interests, although somewhat different, were, aforesaid, on or before the said thirtieth day of September he thought, reconcilable with each other, and with the next, he is hereby authorized to issue his proclamation, great interest of the Government. They are both great declaring that the said Colonies or possessions are open to and vital interests-both must be sustained, and neither the admission of the vessels of the United States on the ought to be sacrificed. The committee in the House of conditions aforesaid; and, thereupon, from the date of Representatives was composed of seven members, and of the said proclamation, the ports of the United States shall the Senate, of five members, from different parts of the be open to vessels of the United States and British vessels, United States, and representing all the concerns of the coming from said Colonies or possessions; and, also, to country. The bill presents several points of considerathe vessels of other nations, coming therefrom, which, by ble difficulty, all of which were fully discussed by that treaty, or according to the navigation act of the United committee. Unanimity was not to be expected; but States, may be entitled to bring merchandise from said opinions have been compared and reconciled; and a bill, Colonies and possessions into the United States; and Bri- consistent in all its parts, has been formed. The first tish vessels, arriving in the United States therefrom, shall question was-As Great Britain has, by her interdict, exbe subject, neither on their tonnage nor on their cargoes, cluded us from her Colonial trade, shall we acquiesce in to any other or higher duties, or charges of any kind, it, or shall we resist it? In fact, must we submit or legisthan vessels of the United States. And, from the date of late? All concurred in the necessity of legislation. The the said proclamation of the President, the act passed on next was-Shall we propose to open the trade; and the first day of March, eighteen hundred and twenty-three, what the terms shall be? There was no difference of entitled "An act to regulate the commercial intercourse opinion as to the terms-they were to be the most liberal between the United States and certain British ports;" the all that Great Britain had ever required; and it was act passed on the fifteenth day of May, eighteen hundred concluded, if she rejected these terms, there must be a and twenty, entitled "An act supplementary to an act, non-intercourse. The extent of the interdict, when it entitled An act concerning navigation;"" and the act, should take effect, were subjects which gave rise to conentitled "An act concerning navigation," passed on the siderable difference of opinion. Some were in favor of eighteenth of April, eighteen hundred and eighteen, shall imposing the interdict at once; some on the 30th Sepbe, and are hereby, declared, severally, to be repealed. tember, and some for postponing until the 31st December Or, provided further, That if, on or before the said thirti- next. The committee adopted the middle time, because eth day of September next, the President of the United it corresponded with the time of the British act; because States shall receive satisfactory evidence that the Colo- it gave full time to consider the subjects; and, because, nies and possessions aforesaid are open to the admission of by postponing to the 31st December, we virtually lost the vessels of the United States, coming from the said United trade for two years; and because we could not make States; that neither such vessels nor their cargoes are them feel the interdicts, so as to produce any relaxation. subjected to any other or higher duties or charges, than Some were for limiting the interdict to vessels by sea; are levied or exacted on British vessels and their cargoes, some for making it entire. The committee of the House arriving from the United States, in the said Colonies and of Representatives discussed this subject fully, and agreed possessions; and that the vessels of the United States to make the interdict complete; but they returned me may import, into said Colonies and possessions, from the the bill, with the words "by sea" retained, and I re United States, any article or articles, the produce or man- ported it to the House, against my own opinion-from a ufacture of the United States, which a British vessel respect to their opinion-and with a desire to have them could, by law, import from the United States into the said uniform. But, Mr. J. said, he knew that, as to the time Colonies or possessions, it shall and may be lawful for of the interdict, and as to the extent of it, these were the President of the United States to issue his proclama-points which must be discussed in the House. All seemtion, declaring that the ports of the United States are opened to agree that the terms were liberal, and ought to be to vessels of the United States, and to British vessels, accepted by Great Britain. If they were not, the intercoming directly from said Colonies and possessions; and, dict ought to follow and the time when, and the extent also, to vessels of other nations, coming therefrom, which, of it, must be ascertained by a majority of both Houses. by treaty, or according to the navigation act of the Unit- He was himself in favor of the interdict to take effect in ed States, may be entitled to bring merchandise from said the shortest time, and to the greatest extent. But he Colonies and possessions into the United States, on the was not tenacious. It might be well to give her terms same terms as vessels of the United States; and that Bri-that ought to be acceptable, to give her full time to act, tish vessels, arriving in the ports of the United States, and impose the interdict if she refuses. The time when from the Colonies or possessions aforesaid, shall not, after the interdict shall take effect, and the extent of it, are the date of the proclamation last mentioned, be subject-open for discussion and amendment, and the committee ed, either on their tonnage or their cargoes, to any other are not committed on those points.

or higher duties, or charges of any kind, than are levied on Mr. SMITH, of Maryland, then addressed the Senate Fessels of the United States, and their cargoes, of similar as follows:

VOL. III.-27

MR. PRESIDENT: I believe that every member of the Senate desires that the Colonial Trade of Great Britain with the United States shall be open on terms of mutual interest, and fair reciprocity. We require no particular advantage. We had it in our power to have had that trade on those terms, had we met with frankness the liberal terms offered by Great Britain in her act of the 5th July, 1825. We did not; and, in consequence, an Order of Council, dated the 27th day of July last, issued, depriving us of the trade to any of the colonies or possessions abroad, except the East Indies, which was secured to us by the Convention of London. The President submitted the whole subject to Congress, and, I had hoped, that a bill, formed in a spirit of conciliation, would have been presented for our consideration. I think the bill before us is not of that character. On my first reading of it, I thought rather favorably of it. 1 thought some amendments might be made to it, which I mentioned to the Chairman, [Mr. JOHNSTON] and I meant to have contented myself with them. But, on a more close and critical examination, I found that it would not answer the object professed-that of conciliation. That, if presented in its present form to the British ministry, it would probably be instantly rejected, and the trade would be lost, perhaps forever. At least I thought it probable that would be its fate. I, therefore, determined to present a substitute, which would be an easier mode to obtain my object than attempting a variety of amendments; and I now move to strike out all the bill after the enacting clause, and to insert two sections, which I now submit, as follows:

[FEB. 21, 1827.

thing that can effect their navigation, were alarmed at its operation. They saw the great advantages which must necessarily arise from the law to our navigation, and the consequent injury to theirs. A large Committee of Parliament was raised-and they made a report, which I saw. It concluded with recommending forbearance for the present; and presumed that some favorable opportu nity might offer that would enable them to parry the blow, or to remedy the injury in some peaceable manner. An opportunity did offer, when Mr. Jay made his treaty. They embraced it. That treaty concedes to Great Britain the right of retaliation; and, it was agreed, that our vessels should, on entering the ports of Great Britain, pay a duty equal to 94 cents per ton, on our vessels, and on the goods imported in them an additional duty of ten per cent. on the duties imposed by her laws-all, except tobacco, which was subjected to a duty of 18 pence sterling the 100 pounds. The consequence was, that it secured to them the carrying of all the tobacco and cotton of the United States, so far as was necessary for the consumption of Great Britain or her foreign commerce, and gave her a decided advantage in the carrying of all the other exports of the United States, necessary to her consumption. If Mr. Jay had understood the subject, it would have been much better to have agreed to the repeal of our discriminating duties in favor of Great Britain: for, at that time, we could have entered into a fair competition, on equal terms, in the carrying trade. England being then engaged in war, and for some years after, the operation of her retaliation was not felt by us. But, Mr. President, I was aware of the consequence, "That, from and after the 31st day of December next, whenever Great Britain should be at peace; and I made no other or higher duties of impost or tonnage, and no a detailed report, to the House of Representatives, in other or higher duty or charge of any kind, upon any 1801 or 1802, and proposed a repeal of our discriminat goods, wares, or merchandise, imported from the following duties to all nations who would admit our vessels ining free ports, or such as may hereafter be declared free ports, of the British Colonies, viz: [Here followed a list of the ports and places.] in British vessels, shall be levied or exacted in any of the ports of the United States, (excepting the ports in Florida,) than upon the vessels of the United States, and upon the like goods, wares, or merchandise, imported into ports of the United States in the same; any thing in the third section of the act, to which this is supplementary, dated the first of March, one thousand eight hundred and twenty-three, to the contrary notwithstanding.

to their ports on equal terms with their own. 1 failed that time, because of the opposition of Philadelphia, New York, and all the East. The treaty of Amiens opened the eyes of the Eastern merchants. British ships obtained freight of cotton at Charleston, when American ships could not get a bag on freight. The fact was, that it was nearly as good for the planter to pay the freight in a British ship, as to have it carried in an Amercan vessel for nothing. The consequence was, that, when I introduced the bill relative to the discriminating duties in 1815, it passed without opposition. My opinion has been, that we have never gained much by our negotia tion with Great Britain; and, as one proof, I have sub

"Sec. 2. And be it further enacted, That the act, passed on the first day of March, eighteen hundred and twenty three, entitled "An act to regulate the commer-mitted the preceding observations. cial intercourse between the United States and certain I remember well that our New England friends were British ports" the act passed the fifteenth day of May, wroth, very wroth, indeed, because, when independent eighteen hundred and twenty, entitled "An act supple- of Great Britain, she would not permit us to have all the mentary to an act, entited An act concerning naviga- advantages in her commerce, that we had enjoyed when tion;" and the act, entitled "An act concerning navi- her subjects. Although I was a merchant, and should gation" passed on the eighteenth of April, eighteen have been glad to have had them, yet I could not perhundred and eighteen, shall be, and are hereby, suspend-ceive that I had any right to be angry on the subject. I ed until the thirty-first day of December next; except so much thereof as impose discriminating duties on the tonnage of foreign vessels and their cargoes."

Before I take a more particular view of the bill and report, sir, [said Mr. S.] I ask leave to present a brief history of this important branch of commerce. Early, I think, in the first or second Congress, a duty was imposed, by law, on foreign vessels entering the ports of the United States, of 94 cents per ton more than was imposed on our own vessels, and ten per cent, additional, on the duties on goods imported in them: and those are what are denominated discriminating duties. The consequence was, a most rapid increase of our navigation. So much so, that, in the short term of two or three years, our vessels were thought sufficient for the transportation of our own produce, and the importation of all we required from abroad. The British Government, always aliye to every

knew that all nations, with very few exceptions, held it right to monopolize the trade of their colonies, and I could not perceive that those nations who had no colonies had any right to complain. They paid no part of the expense of their support or their defence. I asked myself the question-If the United States had colonies, would they grant a free trade to all nations? I thought it very doubtful; nay, sir, 1 sometimes believed we would not. There is a case somewhat analogous. We prohibit the British from all commerce with our Indians. Would we consent to their participation? I believe not. When Mr. Jay made his treaty, he obtained a right to trade with the West Indies on fair terms; limited, howevever, to vessels of seventy tons burthen. The Senate rejected that article, because of the limitation. I thought, then, that the Senate were wrong for vessels of that tonnage would have carried at least 500 barrels of flour:

FEB. 21, 1827.]

The Colonial Trade Bill.

[SENATE.

and, having high waists, would have taken deck loads of "discriminating duties, so far as they operate to the dislumber, or live stock, and we would soon have built ves- "advantage of the United States, have been abolished." sels of that tonnage to carry more articles. Mr. Jay was Abolish what? Mr. President. Abolish that which never right, and the Senate were, in my humble opinion, had an existence. There never had been, never could wrong; and we lost the entering wedge to the trade at have been, any discriminating duty imposed in the that time. Prior to that treaty, we traded to India, and, British colonies prior to the opening of the ports by the I believe, traded from port to port. I know that our ves- act of Parliament of June, 1822. There never could sels carried the cotton of Bombay to China, on freight have been. It was wholly impossible. There was no which was profitable. The treaty put a stop to that ad- nation on which such duties could operate: for the ships vantage. Another loss by a treaty. It, however, secur- of no foreign nation were admitted into the colonies, and ed to our commerce an entry into all the ports of the any duties levied on them could only be paid by British British East Indies; not as a right, but as a favor-a boon, subjects; they could not be of a discriminating characif you please-which word has given such offence. What ter. Nor did I ever hear, nor do I believe, that any is the language held in the treaty, and admitted by us such duty was ever charged on an American, when any "His Majesty consents to the admission of the vessels of of the ports were opened by the Governors. They could the United States into all the ports of India." What is not be, without an authority by law; and we all know the meaning of the word consents? Does it not mean a that no such law ever had an existence. But the favor granted? In the Convention of London, when Mr. report says "that Mr. Stratford Canning declined Adams, Mr. Clay, and Mr. Gallatin were Commissioners, “ pledging himself, or his Government, to any declarathe same word is not used-but one of similar import. In "tion on the subject." We all know his answer. It was, that, it is said: "His Majesty admits the vessels of the "I know of no discriminating duties in the colonies. I United States into four ports in the East Indies, specifi- "do not believe there are any. I never heard of any. But ed"-still considering it a favor. Here, again, we gain “I will not pledge myself or my Government.” Now, Mr. nothing by treaty: for, by the Convention of London, President, if application had been made to any merchant we were confined to four ports in India, when, by Jay's engaged in the trade, the answer would have been, that treaty, all the ports were open to us. Yet, Sir, I com- no discriminating duties existed in the colonies. But the plain not of the Convention. It was, substantially, a good report furnishes an irresistible reason why our ports were one; and our Commissioners did all they could. No not opened to meet the act of Parliament of 1822. It is censure can or ought to be imputed to them-although true, that Mr. Adams had not discovered it-nor, indeed, we lost thereby the trade of their islands in the Indian had any other person. It treads no little on my toes. Seas, Cape of Good Hope, St. Helena, and Africa. By It contradicts a view which I had taken on the same point, that Convention, the Colonial, or West India trade, was and, therefore, the Chairman, [Mr. JoHNSTON] will parleft as it had been-each nation reserving its own rights. don me for the notice I am bound, in my own defence, The trade to the West Indies was considered as closed to to take of it. The report says, (page 4,) "That rules us; but the Governors had discretionary powers to open "and restrictions presented by the President, correspond. them when necessity required the measure-and they "ed in effect with the terms of the act of Parliament; were frequently opened to our vessels. In fact, Mr. "but there were discriminations created by this act, unPresident, the trade is mutually beneficial. The colonies "favorable to American productions. Such as a duty on want our produce, and we want a good customer for it; "importation averaging ten per cent., and on exportaand, I will still hope, that, if we adopt a mild, conciliating❝tions to the United States of four per cent. not precourse, that we may arrive at a proper understanding on 'existing, but created by the same act that opened the the subject. I think our ports continued open to British ports, which he could not countervail or counteract ships, not for seven years, as stated in the report, but "by any reciprocal rules." I confess that I was no little from the peace until the passage of the act of 1818; when alarmed when I read that part of the report relating to the their vessels were excluded. They had opened some exports. If correct, it placed me in a most unpleasant ports-Bermuda was one-which made it necessary to situation. It contradicted, on that point, all I had said pass our act of 1820, to prevent the subterfuge intended. at the last session. I turned to the act of Parliament, In this state of mutual occlusion, the colonial trade re- and, to my great relief, I found that the whole was an mained until the year 1822. Congress being informed error: that there is no export duty levied by that act, that the British Parliament would probably pass an act either of a discriminating character or otherwise. That opening the colonial ports to our vessels, did pass their part relative to duties on importation, is correct, and was act of 6th May, 1822, in anticipation; in which act the made an obstacle at that time, but has since been rePresident was authorized-"That, on receiving satisfac- linquished by the present Administration as untenable. "tory evidence that the ports in the islands or colonies of In fact, the act of Parliament gave us all we had asked. "Great Britain have been opened to the vessels of the It was truly a boon-it gave us that which Great Britain “United States, he may declare the ports of the United had not given to any other nation. In fine, it gave us a "States opened to British vessels trading to and from the complete monopoly of the trade, and we wanted that "colonies; subject to such reciprocal rules and restric- good sense which would have induced us to accept a "tions as he may make and publish." The President issu- favor so every way desirable. ed his proclamation on the 24th August, 1822, and our ports were declared open to British vessels trading between the colonies and the United States. But, unfortunately, a Cabinet Council was held, and it was determined to Subject British vessels arriving from the colonies to our ahen duties, and a Treasury order issued, signed by the Comptroller to that effect, dated 24th September. The British Government retaliated by an Order of Council. 1 would here remark, and I pray the Senate to attend to it, that, prior to that act of retaliation, occasioned by our imprudence, no discriminating duty had ever been charged in the colonies of Great Britain. The report gives as one reason-"That no proof had been furnished, **such as the law required, to establish the fact that the

66

Mr. President, I hope the Senate will indulge me, whilst I give what I understood to be the real reason that prevented the Administration of Mr. Monroe from accepting the act alluded to. I mean no offence, and I trust the gentlemen of the bar will take none. The cause was, that all the Administration were lawyers. They held to the rigid letter of the law, such as would be held in a County Court. As statesmen, they ought, in my humble opinion, to have acted in its spirit, and have given an equitable construction to our act of 1815. What does that act say?"That our discriminating duty shall be repealed to all nations who shall repeal theirs.' I give only the substance. I wish I may be able to explain myself The act of 1815 repeals our discriminating laws to all na

SENATE.]

The Colonial Trade Bill.

[FEB. 21, 1827.

tions who will repeal theirs. What was the construction stated. The Senate simply refused to consider it, begiven by the Administration of Mr. Monroe? That a na- cause members had other bills which they were anxious tion who had never had a law imposing discriminating to act on. I have made this statement, because I have duty, had none to repeal; and, therefore, could not be been told that it has been said, out of doors, "that, owing admitted to our ports without paying our alien duties. "to my indiscretion in pressing the subject at the last sesThe British colonies never had any discriminating duties. "sion, the negotiation had been declined." It is rather too They had none to repeal; and, therefore, according to high a compliment for me to accept, to suppose that any this construction, were subject to our law, and, in conse- information I could give, would be new to the British quence, the alien duties were imposed on them-and Ministry; or, that any thing I did, could have any influ their retaliation took place. There was, however, another objection at that time: That the flour of Great Bri- son. ence with such men as Canning, Huskisson, and Robintain and Canada was admitted, duty free, into the West approbation of the President, and concurrence of Mr. If I committed an indiscretion, I did it with the Indies, when our flour was subjected to a duty. That Clay. I impute no censure to myself. I did my duty to objection has, to the credit of the present Administration, my country, and am perfectly satisfied with my own conbeen relinquished, as I have already said, in confidence, as duct. The British Ministry were, perhaps, dissatisfied no longer tenable. And thus we lost, a second time, the with our non-compliance with their offer, and, on the admission to the Colonial trade. Congress met, and near 27th July last, they issued an Order in Council, closing all the close of the session, the act of 1823 passed, the 1st of their West India ports, and those of all their posssessions March, I think-two days before the adjournment. It abroad, to our vessels, except the East Indies, and their passed, the report says, advisedly, and with great una- North American Colonies. Those last are kept open, nimity." With unanimity, I admit ; but advisedly, I can- that from thence they may carry our produce to the West not assent to, so far as it relates to the House of Repre- Indies. And, following up that blow, they passed an act sentatives, where I then was a member. If there was a in May last, not noticed in either of the reports. I will discussion, it has escaped my recollection. As to myself, read two sections of that act, to wit: the 45th and 46th. I believe I took no part in it, and few of us understood The first declares, that masts, spars, timber, and ashes, what was the real meaning of the word "elsewhere." arriving in Canada by land, or inland navigation, may be That act was, I believe, drafted by the Administration. It exported to England, as if they were of Canada, paying contained provisions of which the British complained. It a less duty than the same would pay, if imported from prevented their vessels, coming from England, to proceed New York; thus depriving that city of the exportation of to any one of her colonies, which was not, I believe, im- those articles. The same section allows pork and beei to posed on any other nation owning colonies. The trade be imported by land, and inland navigation, to be depocontinued open by a kind of common consent, each pay-sited in the public warehouses, free of duty, and thence, ing in the ports of the other the discriminating duties.}]

ling sterling per barrel, when the flour from the United States must pay five shillings sterling per barrel.

In this state of the subject, Mr. Rush was charged with flour to be imported into Canada by land, or inland navi. exported to Newfoundland. The 46th section allows a negotiation in 1824, under instructions conformably with gation, to be deposited in the public warehouses, and our act of 1823. I think he sustained himself ably; espe- thence, exported to the West Indies; where, on its arricially considering that he had the wrong side of the ques-val, it will be subjected to the payment of only one shil tion. The British negotiator proposed what we are now willing to receive; but Mr. Rush was not at liberty to accept. No new attempt to negotiate having been made, and Mr. King having arrived in England without being ports to all vessels arriving by sea from the colonies, and Mr. President, I will now notice the bill. It shuts our charged particularly on that point, the British Parliament leaves completely open the trade by land or inland navi. passed their acts of 27th June, and two acts of 5th July, gation. The Order in Council keeps open the North 1825. I saw those acts some time before the meeting of American Colonies, and the bill contributes all it can to the last session of Congress, and having mentioned them effect its object. It allows (if I understand it) the trade to Mr. Clay, he said that they were in the Department, by land or inland navigation with those colonies, and then and he could let the Committee of Finance have them. Canada and Nova Scotia will be completely supplied with They were sent, and, by order of the Senate, were print- the produce of Maine, New Hampshire, Vermont, and ed. I had frequent conversations with Mr. Clay on those New York; and, indeed, with the flour of other States, acts, and on the Colonial trade; and I had the gratification which will find its way to Eastport, and thence be transto believe that there was no difference of opinion on the ported across the bay to New Brunswick. question. We each had our own opinion as to the manner. nothing in the bill, and I doubt whether you can make There is He preferred negotiation-I preferred the meeting of the any bill, that will prevent that inland trade. It creates a British acts by legislation. I had also the pleasure to be- terror in my mind that I dare not express. I might again lieve that my views of the whole subject met the appro- be charged with indiscretion, if I gave vent to my feel. bation of the President, and that acting by law would not ings on the subject. The bill demands a right of trade be disagrecable, but the contrary, to him. I had the to all the ports of all the colonies specified. Mr. Tomlinstrongest reason to think so, and to believe that it would son's report to the other House is explicit on that point. not be disagreeable to Mr. Clay. A memorial from Bal- He says: "That we will not be satisfied with the free timore pressed me to act. I had pressed the President to act by Proclamation, under the authority given him by the "be admitted to all the ports of all the colonies." This is "ports designated by the act of Parliament; that we must act of 1824. Finding that he would decline the exercise more than we ourselves permit. Foreign vessels are exof that power, and, on reflection, presuming that he cluded by law from all other ports where there are no cusmight think it improper to act by Proclamation whilst tom-houses, and from some of them where there are. They Congress was in session, I determined to pursue the course could not enter the port of Fairfield, (Connecticut,) until I did. I think it was about 'the 31st day of January, that we passed an act a few days past, making it a port of entry I sent him the printed acts of Parliament, agreeably to his for foreign vessels. I am inclined to think that the free request. I took my own course, and moved that the re- ports are those where there are custom-houses establishport of the Committee on Commerce should be re-commit-ed. In our act of 1823, we accepted of the enumerated ted, with instructions, and I succeeded by a large majori-ports, and never thought of more. I cannot believe that

ty of the Senate. It was sent to the Committee on Fi- it was the intention of either committee to prevent the nance, and I reported a bill, which would have passed, but possibility of conciliation; but the bill, if passed with for want of time. It was not rejected, as Mr. Canning has that demand, may have that effect. It would, I apppre