British Vessels, from the Colonies, entering the Ports of The United States.

This distinction it has long been the earnest desire of the Government of The United States to annul, on the principle of a just reciprocity; but although much discussion has been had on the subject, and many Laws have been enacted in reference to it, by both Parties, the desired result has not yet been accomplished.

By an Act of Congress, of March 3d, 1815, the discriminating duties on Vessels and merchandize, were proffered to be repealed in favour of any Foreign Nation which should, on its part, reciprocate the same provisions of Law towards The United States.

By the Conventions of 1815 and 1818, this was done, between The United States and the Territories of Great Britain in Europe: and a reciprocal liberty of Commerce was established between them, for the period of 10 Years from the last mentioned date. This, however, produced no adequate relaxation of the British system in relation to her Colonies, from which Vessels of The United States continued to be excluded; in consequence, a due degree of self-respect, on the part of The United States, gave rise to the passing of an Act, in April, 1818, by which the Ports of The United States were closed to British Vessels, arriving from a Port or Place in any British Territory, to which Vessels owned by Citizens of The United States, were not admitted.

In May, 1820, the Act of April, 1818, was extended so as to embrace and exclude from the Ports of The United States, British Vessels arriving from Ports in Lower Canada, Nova Scotia, New Brunswick, Newfoundlaud, and all Ports under the dominion of Great Britain, in the West Indies, and on the Continent of America, which, from having been occasionally opened, were not considered as included in the Act of April, 1818.

But, to enable the Government of The United States, consistent in its principles, and always ready to verify its professions, to meet the overtures of any Foreign Nations on equal terms, in May, 1822, an Act was passed, authorizing the President, on satisfactory evidence being given to him that the British Colonial Ports were opened to the Vessels of The United States, to issue his Proclamation, declaring the Ports of The United States opened to British Vessels employed in that trade.

And, in consequence of an Act of Parliament of June 24th, 1822, admitting Vessels of The United States into certain enumerated Ports in the British Colonies, still another Law of Congress was passed, March 1, 1823, by which the Ports of The United States were opened for Vessels arriving therein from the said enumerated British Ports, and from all others which were, or might be opened thereafter, to the Vessels of The United States; and the President was authorized to

equalize the duties on such British Vessels and their cargoes, on proof being given to him that no other or higher rate of tonnage or impost, and no other charges of any kind, were levied or exacted in the said British Ports, on United States' Vessels, than were paid by British Vessels and merchandize, imported into the said Colonial Ports, from elsewhere than The United States.

Since which time, several Acts of Parliament have been passed, having especial or incidental reference to the trade with the BritishAmerican Colonies; and under which, and the Laws of The United States, before recited, a Commercial Intercourse was opened, and has been prosecuted, between The United States and certain British Colonial Ports; but to an extent not equal to the expectations that had been formed respecting it, nor, as it is contended, on terms of equality; the want of which having given rise to discussions, if not to a dissatisfaction, between the Parties engaged in it, it may be useful briefly to advert to:

On the part of the American Government, it is alleged, that a just reciprocity does not exist, inasmuch as the duties on American Vessels and their cargoes, arriving at British Colonial Ports, are required to be discharged by an immediate prompt payment, and frequently at a great sacrifice to acquire the means of doing it, while a credit is given for the duties payable on British Vessels and their cargoes, arriving in The United States from the Colonies, of 6 and 9 months: that bonds, with sureties, are required for the landing of the return cargo in a specified Port in The United States, which are occasionally obtained with great difficulty, by the Owners or Masters of the smaller American Vessels engaged in the trade: that an export duty of 2 per cent. is imposed on the return cargo which cannot be countervailed in The United States: that Vessels arriving at a bad market, have at times, not been allowed to seek a better, unless by a double payment of duties, while British Vessels from the West Indies, seeking a favourable sale for their cargoes, may run along the whole Coast of The United States, from New Orleans to Eastport: that onerous and heavy duties, and Colonial fees, are exacted, amounting, as is stated, in some instances, on small lumber-loaded Vessels, to the value of the cargo; the latter of which is corroborated, in a degree, by Mr. Huskisson, in his Speech in Parliament, in March of the last Year, in which he mentions the liability to abuse, and vexation, of the practices in this particular; and states that, in many instances, the fees alone which are exacted upon a ship and cargo, amount to much more than all the publick duties: and that an important discriminating duty is imposed, in the West India markets, on the flour, the bread stuffs, and the lumber, of The United States, over that which is paid on the same articles, when received from Canada, Nova Scotia, and New Brunswick, and which, amounting in many instances to a full freight, gives a decisive advantage to importations from the latter.

And although it is to be admitted, that some of these regulations are of a character so municipal, as not to be legitimate objects of complaint, in reference to an international intercourse; yet they, nevertheless, do, in fact, contravene that just reciprocity, on which it was to be presumed it would be the desire of both Parties to place the trade between them.

While the British Government, on its part, contends, as is understood, that it is justified in requiring an abrogation of the discriminating duties, in consequence of its having partially opened its Colonial Ports, for the importation of a limited number of articles from The United States; and that it has a right to make any municipal or local regulations it pleases; and among others, that of admitting, free of duty, the produce of its Colonies, however remotely situated, while it imposes an impost on articles of the same description from other Countries; but allowing some plausibility to this reasoning, it is to be recollected, that the question at issue between the two Countries, is not so much one of abstract right, as of equality and reciprocity in entering into a Commercial arrangement intended to promote the mutual advantage of both parties.

The foregoing presents a brief synopsis of the measures which have been adopted since the Year 1815, by The United States and Great Britain, relative to the trade with the British Colonies, and of the present state of it.

The recommendation of the Memorialists now is, that the discriminating duties still imposed on British Vessels and merchandise from those Colonies, should be immediately abolished; and that British Vessels, coming from whencesoever they may, and with whatsoever loaded, should be admitted into the Ports of The United States, on the same terms as the Vessels and cargoes of the most favoured Nations.

The effect of which, the Committee believe, would be, summarily, to yield to Great Britain all she could ask, without any equivalent accommodation being granted on her part: for to admit British Vessels, indiscriminately, into the Ports of The United States, with their cargoes, from whencesoever arriving, or of whatsoever composed, on the same terms as our own Vessels, or those of the most favoured Nations, which would be the same thing, while she allows the admission of American Vessels into her Ports only partially, for certain prescribed articles, and those limited to the growth, produce, or manufacture of The United States, and to a manifest disadvantage when compared with the like and the principal articles which she wants, when from elsewhere imported into the Colonial Ports, would operate as a surrender of the principle of equality, and a withdrawal, from the controul of the Government of The United States, of the means it possesses of leading to a better, and more desirable, because more equal, state of intercourse between the two Countries.

From this view of the subject, and a cursory reference to the numerous Acts which have been passed in relation to it, during the last 10 Years, both by The United States and by Great Britain, evidence will at once be furnished of the complexity of the interests connected with it, of the difficulty satisfactorily to arrange them, and especially of the inefficacy of isolated Legislation for the attainment of this International Object; and also affording, as the Committee cannot but believe, a strong ground of preference, for an Arrangement being effected, if practicable, by a Convention between the Two Governments, on a just and liberal basis, which, when agreed to, would be permanent and unalterable for the term of its duration; rather than to rely on detached, independent, substantive Acts of Legislation, which, however well intended, are sometimes ambiguous, and liable to misconstruction by those who are called to administer them; and, at all times, subject to revocation by the Parties enacting them.

Of the inconvenience and inexpediency of substituting which, the Memoralists themselves furnish a strong proof in point, by the statement they make in their Memorial, of the British Ports of Halifax, in Nova Scotia, and St. John's, in New Brunswick, which were opened for the admission of Vessels of The United States by an Act of Parliament of June 24, 1822, having in January last, suddenly, and without notice, been closed against Vessels of The United States in midwinter, and on an extremely hazardous and inclement Coast; under a construction of an Act of Parliament of July, 1825, and which construction is now admitted, even by the British Authorities themselves, to have been erroneous.

From all these views, which might be extended, and from the Committee having reason to believe, that an adjustment of the Commercial Intercourse between The United States and the British Colonial Possessions, forms one of the special and prominent objects which have been committed to the Minister of The United States at the Court of London; that a corresponding desire to arrange it on a satisfactory footing appears to exist on the part of the British Government, and that the Negotiations respecting it are expected to come to a definitive issue, before the next Session of Congress; the Committee, although fully agreeing with the Memorialists in the wish to cultivate and extend the Trade in question, which they trust may be done to the mutual advantage of the Parties concerned in it, are still unanimously of opinion, that it is not expedient, at this time, to legislate on the subject; and, therefore, ask to be discharged from the further consideration of the Memorial.

Which is respectfully submitted.

CONVENTION between Great Britain and The United States of America, relative to the reference to Arbitration of the disputed Points respecting the Boundary Line, under the 5th Article of the Treaty of Ghent. Signed at London, September 29, 1827.

WHEREAS it is provided by the 5th Article of the Treaty of Ghent* that in case the Commissioners appointed under that Article, for the

* Extract of the Treaty of Peace between Great Britain and The United States. Signed at Ghent, 14th December, 1814.-ART. V. Whereas neither that point of the Highlands lying due North from the source ofthe River St. Croix, and designated in the former Treaty of Peace between the two Powers, as the Northwest angle of Nova Scotia, nor the North-westernmost head of Connecticut River have yet been ascertained; and whereas that part of the Boundary Line between the Dominions of the two Powers, which extends from the source of the River St. Croix, directly North, to the above-mentioned North-west angle of Nova Scotia, thence along the said Highlands which divide those Rivers, that empty themselves into the River St. Lawrence, from those which fall into the Atlantick Ocean to the North-westernmost head of Connecticut River, thence down along the middle of that River to the 45th degree of North latitude, thence by a line due West on said latitude until it strikes the River Iroquois or Cataraguy, has not yet been surveyed; it is agreed that, for these several purposes, two Commissioners shall be appointed, sworn and authorized, to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in the present Article: The said Commissioners shall meet at St. Andrews, in the Province of New Brunswick, and shall have power to adjourn to such other Place or Places as they shall think fit. The said Commissioners shall have power to ascertain and determine the points above-mentioned, in conformity with the provisions of the said Treaty of Peace of 1783, and shall cause the Boundary aforesaid, from the source of the River St. Croix to the River Iroquois or Cataraguy to be surveyed and marked according to the said provisions; the said Commissioner shall make a Map of the said Boundary, and annex to it a Declaration under their Hands and Seals, certifying it to be the true Map of the said Boundary, and particularizing the latitude and longitude of the North-west angle of Nova Scotia, of the Northwesternmost head of Connecticut River, and of such other points of the said Boundary as they may deem proper. And both Parties agree to consider such Map and Declaration as finally and conclusively fixing the said Boundary. And in the event of the said two Commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such Reports, Declarations, or Statements, shall be made by them or either of them, and such reference to a friendly Sovereign or State, shall be made in all respects, as in the latter part of the 4th Article is contained, and in as full a manner as if the same was herein repeated.

Art. IV. (Extract.)—It is further agreed, that, in the event of the two Commissioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing or declining, or wilfully omitting to act as such, they shall make, jointly or separately, Report or Reports, as well to the Government of His Britannick Majesty, as to that of The United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And His Britannick Majesty and the Government of The United States hereby agree to refer the Report or Reports of the said Commissioners to some friendly Sovereign or State, to be then named for that purpose, and who shall be requested to decide