which shall not extend to every other American nation. And, secondly, that whatever may be im. ported 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 considerations 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 prin ciple now proposed does not preclude those particular arrange. ments 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 Republics 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 of 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 republics, no such exception was insisted upon by either Colombia or the Central Republic. 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 to which his policy or his interests 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 equal. ly 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 interests 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 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 exportion from, the ports of any American nation, in the vessel 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 pow. ers. When there has been a passive acquiescence in the operation of those devices, without any resort to countervailing regulation, their success has sometimes been 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 intercouse. 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 af fect 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 libe. rality, 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 custom house 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 favour ed nation, leaves every state, which adopts it, at 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 inadmis. sible. It would subject each state to inconvenient restrictions on its power of taxation, instead of leav. ing 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 complaint 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 countervailit, which is not now to be expected in the present watchful state of the maritime world. If we are to await 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 forever, 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 enter. prising character, formed by expo. sure 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 second, third, fourth, and fifth 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 seve. ral American Powers will enjoy under it a reciprocal liberty of exportation and importation of what ever 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 is proposed by the United States, on the 3d March, 1815, [see 4th vol. of the Laws, page 824] to all na. tions. 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, Lubec, 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 concurrence in the principle, in this more limited import, the first, second, and third articles of the beforementioned Convention with Great Britain, will furnish models which

may be followed in the draft of those to which you are authorized to agree. These three articles embrace other subjects beside that principle, but they are such as to have either a direct connexion with it, or are necessary to give full and complete effect to it. In describing the territories of the new American States with which we are to maintain hereafter a commercial intercourse, you will see the propriety of employing, in any treaty which you may conclude, such terms as may embrace whatever territories, insular or continental, may appertain to each, upon the termination of the present war. During its future progress, possession may be won or lost, which, as the case may be, should be comprehended or excluded by those terms.

In December, 1823, the then President of the United States, in his annual Message, upon the opening of Congress, announced, as the principle applicable to this Continent, what ought hereafter to be insisted upon, that no European na. tion ought to be allowed to plant upon it new colonies. It was not proposed, by that principle, to disturb pre-existing European Colonies already established in America; the principle looked forward, not backward. Several of the new American States have given intimation of their concurrence in the principle; and it is believed that it must command the assent of the impartial world.

Whilst America was, compara. tively, a boundless waste, and an almost unpeopled desert, claimed, and probably first settled with civilized men, by the European Powers who discovered it, if they could agree among themselves as to the limits of their respective territories,

there was no American State to oppose, or whose rights could be affected by, the establishment of new colonies. But now the case is entirely altered; from the northeastern limits of the United States, in North America, to Cape Horn, in South America, on the Atlantic Ocean, with one or two inconsiderable exceptions; and from the same cape to the fifty-first degree of north latitude, in North America, on the Pacific Ocean, without any exception, the whole coasts and countries belong to sovereign resident American Powers. There is, therefore, no chasm within the described limits in which a new European colony could be now introduced, without violating the territorial rights of some American State. An attempt to establish such a colony, and by its establishment to acquire sovereign rights for any European power, must be regarded as an inadmissible encroachment. If any portion of the people of Eu. rope, driven by oppression from their native country, or actuated by the desire of improving the condition of themselves or their posterity, wish to migrate to America, it will no doubt be the policy of all the new States, as it ever has been ours, to afford them an asylum, and, by naturalization, to extend to such of them as are worthy, the same political privileges which are enjoyed by the native citizen. But this faculty of emigration cannot be allowed to draw after it the right of the European State, of which such emigrants shall have been natives, to acquire sovereign powers in America. The rule is good by which one, in judging of another's conduct, or pretensions, is advised to reverse positions. What would Europe think of an American at、