dersigned of the 28th of December last; and no explanation has since, any more than at any former time, been given by His Majesty's Go

vernment.

The preceding review has been taken, not for the purpose of complaining of the conduct of Great Britain, but with the hope of satisfying the Government of His Britannick Majesty, by this exposition of the acts of the Government of The United States, and of the impressions under which it acted, that it has not, in regard to the Colonial Trade, deviated from its uniform course, and relaxed its constant endeavours to preserve and strengthen the amicable relations between the two Countries.

No doubt is entertained, on the other hand, of the dispositions of His Majesty's Government at the time when the Act of Parliament was enacted; that, considering the Intercourse between The United States and the British West Indies as beneficial, it was their intention that it should continue open, on certain terms, and that, although these differed from those offered to most other Commercial Nations, and may also have been misunderstood, they would not have been found, when properly explained, to be altogether inadmissible. Had it been otherwise, the Interdict, laid on the American Navigation by the Order of Council of July, 1826, would at once have been embodied in the Act of Parliament of July, 1825.

Both Governments, actuated by a sincere wish to effect a satisfactory arrangement, have failed to attain that object, from a misconcep tion of each other's views as to the mode of accomplishing it. Whilst the British Government expected the passage of an Act of Congress, acceding to the conditions of the Act of Parliament, the Government of The United States confided in the belief, that it was still the inten tion of Great Britain to arrange the subject by a Convention.**

It is now unavailing to dwell upon the past, and to enquire whether either or both Governments had sufficient reasons for their expectations. The fact is, that they entertained such expectations, and have both been disappointed; and it will be more profitable and consistent with the friendly understanding between the two Countries to at tend only to the relative situation in which they are now placed. HĄ ..) The United States, though preferring a Conventional arrangement, as more permanent, and, perhaps, more easily effected, than one founded on mutual Legislation, are not exclusively attached to any particular mode.

There is, indeed, this advantage in Legislative Regulation over Conventional Arrangement, in respect to subjects not fully tested by experience, that what may be deemed concession by either Party may, at any time, be modified, if found actually injurious. - 13

> Thus, for instance, the President of The United States would not, without reluctance, have consented to a Treaty Stipulation, allowing

that circuitous trade between the United Kingdom and the British Colonies, through The United States, which, if permitted, must be enjoyed exclusively by the British Navigation; whilst he is willing that the experiment should be made by virtue of reciprocal Laws, revocable at the pleasure of either Government.

The Undersigned is accordingly authorized to say that, under the influence of these considerations, the Government of The United States acquiesces in the decision, which has been taken by the Government of Great Britain, that the Intercourse between The United States and the British Colonies shall be regulated by the Laws of the two Countries; and that the President is disposed to promote a restoration of that Intercourse, founded on such respective Laws.

The Undersigned prays Lord Dudley to accept, &c. Lord Viscount Dudley.

ALBERT GALLATIN.

(Enclosure)--A Bill supplementary to an Act, entitled "An Act to

regulate the Commercial Intercourse between The United States and certain British Colonial Ports."

.. BE it enacted by the Senate and House of Representatives of The United States of America, in Congress assembled, that no other or higher duties of import or tonnage, and no other or higher duty or charge of any kind, upon any goods, wares, or merchandize, imported from the free Ports of the British Colonies, viz, Kingston, Savannah Le Mar, Montego Bay, Saint Lucia, Antonio, Saint Ann, Falmouth, Maria, Morant Bay and Anotto Bay, in Jamaica; Saint George, in Grenada; Roseau, in Dominica; Saint John's, in Antigua; San Josef, in Trinidad; Scarborough, in Tobago; Road Harbour, in Tortola; Nassau, in New Providence; Pittstown, in Crooked Island; Kingston, in Saint Vincent; Port Saint George and Port Hamilton, in Bermuda'; Any Port where there is a Custom-House, in Bahamas; Bridgetown, in Barbadoes; Saint John's and Saint Andrew's, in New Brunswick; Halifax, in Nova Scotia; Quebec, in Canada; Saint John's in New. foundland; Georgetown, in Demerara; New Amsterdam, in Berbice; Castries, in Saint Lucia; Basseterre, in Saint Kitt's; Charlestown, in Nevis; Plymouth, in Montserrat; 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 merchandize, imported into the Ports of The United States, in the same; any thing in the 3d Section of the Act to which this is supplementary, dated the 1st of March, 1823, to the contrary notwithstanding.

1

Section 2. And be it further enacted, that this Act shall be in force from and after the 30th day of June next, Provided nevertheless, that upon satisfactory evidence, being given to the President of The United States, that any discriminating duties of tonnage or import, are im

posed or levied, in either of the Ports aforesaid upon Vessels wholly belonging to Citizens of The United States, or upon merchandize the produce or manufacture thereof imported in the same, the President is hereby authorized to issue his Proclamation declaring the fact, whereupon this Act shall thereafter be suspended and discontinued so far as it respects the Ports or Places in which such discriminating duties are imposed or levied.

(No. 2.)Albert Gallatin, Esq. to Viscount Dudley.

Upper Seymour Street, August 17, 1827.

THE Undersigned, Minister of The United States of America, had the honour to address, on the 4th of June last, a Note on the subject of the Colonial Intercourse, to Lord Viscount Dudley, His Majesty's Principal Secretary of State for Foreign Affairs.

The principal object of that Note was to remove such misapprehensions as might still be entertained of the views and proceedings of the Government of The United States on that subject, and, at the same time, to express the disposition of the President, to promote a restoration of that Intercourse, founded on the respective Laws of the Two

Countries.

This overture has been founded on the belief, that the present state of things has not arisen from any intentional act of either Government, but from misconceptions of each other's views, which must now be removed. It was the avowed intention of that of Great Britain, at the time when the Act of Parliament of July, 1825 was enacted, that the Intercourse should continue open on certain terms. For this there could be no motive but a conviction, that the Commerce, which had, almost without interruption, been carried on; from their first settlement, between the British West Indies and The United States, was mutually beneficial. It is, therefore, presumed to be the wish of both Parties, that an interdict, which has been the result of fortuitous circumstances, may, if practicable, be removed.

Under that impression, the President of The United States is willing to recommend to Congress at its next Session, 1st, To open again the Ports of The United States to British Vessels coming from the British Colonies; allowing the entry, into the said Ports, of British Vessels, laden with such British produce, or produce of the British Colonies, as American Vessels can lawfully import, without paying any alien or discriminating Duties, and on payment only of the same and no higher Duties or charges of any kind, on either Vessels or Cargoes, than are under the same circumstances payable by American Vessels or Cargoes; 2dly, To abolish the restriction contained in the Act of Congress of March, 1823, which confines the Trade to a direct Intercourse between the British Colonies and the United States.

The effect of this measure will be to leave Great Britain in the ex

clusive possession of the circuitous Trade between The United King, dom and The United States, through the British Colonies. All the provisions in former Acts of the American Government, which had been deemed objectionable by that of His Majesty, will thereby be repealed. The condition contemplated by the Act of Parliament, as it is now understood, will be fulfilled. Every obstacle which had heretofore prevented an arrangement, would, if this was still a subject of Negotiation, be removed.

The Government of The United States would have had no doubt that, upon the passage of an Act of Congress of that tenour, the Interdiet laid on American Shipping under the Act of Parliament of 1825, would be removed as a matter of course, had it not been for the declaration contained in the Note of His Majesty's Principal Secretary of State for Foreign Affairs to the Undersigned, dated the 11th of Sep, tember, 1826.

It was there announced, that " after having been compelled to apply to any Country the Interdict prescribed by the Act of 1825, the British Government cannot hold itself bound to remove that Interdict, as a matter of course, whenever it may happen to suit the convenience of the Foreign Government to reconsider the Measures by which the application of that Interdict was occasioned."

A subsequent Act of Parliament contains provisions of a general nature, corresponding with that declaration; but continues in force the discretionary Powers vested in His Majesty on the subject. .... Under those circumstances, the President cannot, it would indeed be useless for him to make the intended recommendation to Congress, and to agitate the question anew, without having previously ascertained the intentions of His Majesty's Government. Though not bound to remove the Interdict as a matter of course, the question is, whether they are disposed, under certain contingencies, to do it at this time.

The Undersigned has therefore been instructed to enquire, whether if Congress should, during its next Session, pass a Law to the effect above stated, the Order in Council of the 27th of July, 1826, will be revoked, the discriminating Duties on American Vessels in the British Colonies be abolished, and those Vessels be allowed to enjoy the privileges of Trade and Intercourse with those Colonies, according to the Act of Parliament of the 5th of July, 1825.

1

He prays Lord Dudley to favour him with an answer to that en quiry, the object of which is only to ascertain the intentions of His Majesty's Government, in reference to an Act of the tenour aforesaid, that should be passed by Congress at its next Session.

It would be distinctly understood, that those mutual Acts would not have the character of a Compact, and that their only effect would be to open the Trade for the time, without at all binding the Parties; each remaining in the complete possession of its rights with respect to

that Intercourse, in conformity with the terms of the Commercial Convention between the Two Countries.

The Undersigned prays Lord Dudley to accept, &c.
ALBERT GALLATIN.

Lord Viscount Dudley.

(No. 3.)-The Earl of Dudley to Albert Gallatin, Esq.

Foreign Office, October 1, 1827.

THE Undersigned, &c. has the honour of acknowledging the two Official Notes of the 4th of last June, and the 17th of last August, addressed to him by Mr. Gallatin, &c. on the subject of the Intercourse between The United States and the Colonial Possessions of Great Britain.

The Note of the 4th of June, although it closed with a profession of the acquiescence of the American Government in the decision of Great Britain, that the Intercourse in question should be regulated by mutual Laws rather than by Treaty, was yet directed chiefly to an explanation of certain circumstances in the conduct of The United States, and did not appear to the Undersigned to call for any Reply on his part.

In the succeeding Note, however, of the 17th of August, the statements and reasonings of the former are followed out by Mr. Gallatin into a definite Proposition, undoubtedly requiring from the British Government a direct answer. In this Note it is stated that the President of The United States is willing to recommend to Congress the adop tion of certain measures, tending to relax the restrictions imposed by the American Legislature in the Intercourse of The United States with the British Colonies through the medium of British Ships; which Measures Mr. Gallatin shortly specifies; and it is asked whether, if Congress should, during its next Session, pass a Law to that effect, "the Order in Council of the 27th of July, 1826, will be revoked, the discriminating Duties on American Vessels in the British Colonies be abolished, and these Vessels be allowed to enjoy the privileges of Trade and Intercourse with those Colonies according to the Act of Parliament of the 5th July, 1825."

It is at the same time observed by Mr. Gallatin, that the Government of The United States would have had no doubt that, on the enactment of such a Law by Congress, the Interdict laid on American Shipping, under the Act of Parliament of 1825, would be removed as a matter of course, had not Mr. Canning, in his Letter to Mr. Gallatin of the 11th September, 1826, declared, that after having been com. pelled to apply the Interdict to any Country, the British Government cannot hold itself bound to remove that Interdict, as a matter of course, whenever it may happen to suit the convenience of the Foreign Government to reconsider the Measures by which the application of that Interdict was occasioned.