CHAPTER XLII.

THE RECOVERY OF THE DIRECT TRADE WITH THE BRITISH WEST INDIA ISLANDS.

The recovery of this trade had been a large object with the

American government from the time of its establishment. As British

colonies we enjoyed it before the Revolution; as revolted colonies

we lost it; and as an independent nation we sought to obtain it

again. The position of these islands, so near to our ports and

shores--the character of the exports they received from us, being

almost entirely the product of our farms and forests, and their

large amount, always considerable, and of late some four millions

of dollars per annum--the tropical productions which we received

in return, and the large employment it gave to our navigation--all

combined to give a cherished value to this branch of foreign

trade, and to stimulate our government to the greatest exertions

to obtain and secure its enjoyment; and with the advantage of

being carried on by our own vessels. But these were objects not

easily attainable, and never accomplished until the administration

of President Jackson. All powers are jealous of alien intercourse

with their colonies, and have a natural desire to retain colonial

trade in their own hands, both for commercial and political

reasons; and have a perfect right to do so if they please. Partial

and conditional admission to trade with their colonies, or total

exclusion from them, is in the discretion of the mother country; and

any participation in their trade by virtue of treaty stipulations

or legislative enactment, is the result of concession--generally

founded in a sense of self-interest, or at best in a calculation

of mutual advantage. No less than six negotiations (besides

several attempts at "concerted legislation") had been carried on

between the United States and Great Britain on this subject; and

all, until the second year of General Jackson's administration,

resulting in nothing more than limited concessions for a year,

or for short terms; and sometimes coupled with conditions which

nullified the privilege. It was a primary object of concern with

General Washington's administration; and a knowledge of the action

then had upon it elucidates both the value of the trade, the

difficulty of getting admission to its participation, and the right

of Great Britain to admit or deny its enjoyment to others. General

Washington had practical knowledge on the subject. He had seen it

enjoyed, and lost--enjoyed as British subjects, lost as revolted

colonies and independent states--and knew its value, both from

the use and the loss, and was most anxious to recover it. It was

almost the first thing, in our foreign relations, to which he put

his hand on becoming President; and literally did he put his hand

to it. For as early as the 14th of October, 1789--just six months

after his inauguration--in a letter of unofficial instructions to

Mr. Gouverneur Morris, then in Europe, written with his own hand

(requesting him to sound the British government on the subject of a

commercial treaty with the United States), a point that he made was

to ascertain their views in relation to allowing us the "privilege"

of this trade. Privilege was his word, and the instruction ran thus:

"Let it be strongly impressed on your mind that the privilege of

carrying our productions in our own vessels to their islands, and

bringing, in return, the productions of those islands to our ports

and markets, is regarded here as of the highest importance," &c.

It was a prominent point in our very first negotiation with Great

Britain in 1794; and the instructions to Mr. Jay, in May of that

year, shows that admission to the trade was then only asked as a

privilege, as in the year '89 and upon terms of limitation and

condition. This is so material to the right understanding of this

question, and to the future history of the case, and especially

of a debate and vote in the Senate, of which President Jackson's

instructions through Mr. Van Buren on the same subject was made

the occasion, that I think it right to give the instructions of

President Washington to Mr. Jay in his own words. They were these:

"If to the actual footing of our commerce and navigation in

the British European dominions could be added the privilege of

carrying directly from the United States to the British West

Indies in our own bottoms generally, or of certain specified

burthens, the articles which by the Act of Parliament, 28, Geo.

III., chap. 6, may be carried thither in British bottoms, and of

bringing them thence directly to the United States in American

bottoms, this would afford an acceptable basis of treaty for a

term not exceeding fifteen years."

An article was inserted in the treaty in conformity to these

principles--our carrying vessels limited in point of burthen to

seventy tons and under; the privilege limited in point of duration

to the continuance of the then existing war between Great Britain

and the French Republic, and to two years after its termination;

and restricted in the return cargo both as to the nature of the

articles and the port of their destination. These were hard terms,

and precarious, and the article containing them was "suspended"

by the Senate in the act of ratification, in the hope to obtain

better; and are only quoted here in order to show that this direct

trade to the British West Indies was, from the beginning of our

federal government, only sought as a privilege, to be obtained

under restrictions and limitations, and subordinately to British

policy and legislation. This was the end of the first negotiation;

five others were had in the ensuing thirty years, besides repeated

attempts at "concerted legislation"--all ending either abortively or

in temporary and unsatisfactory arrangements.

The most important of these attempts was in the years 1822 and 1823:

and as it forms an essential item in the history of this case, and

shows, besides, the good policy of letting "well-enough" alone, and

the great mischief of inserting an apparently harmless word in a

bill of which no one sees the drift but those in the secret, I will

here give its particulars, adopting for that purpose the language

of senator Samuel Smith, of Maryland,--the best qualified of all

our statesmen to speak on the subject, he having the practical

knowledge of a merchant in addition to experience as a legislator.

His statement is this:

"During the session of 1822, Congress was informed that an

act was pending in Parliament for the opening of the colonial

ports to the commerce of the United States. In consequence, an

act was passed authorizing the President (then Mr. Monroe),

in case the act of Parliament was satisfactory to him, to

open the ports of the United States to British vessels by his

proclamation. The act of Parliament was deemed satisfactory, and

a proclamation was accordingly issued, and the trade commenced.

Unfortunately for our commerce, and I think contrary to justice,

a treasury circular issued, directing the collectors to charge

British vessels entering our ports with the alien tonnage and

discriminating duties. This order was remonstrated against by

the British minister (I think Mr. Vaughan). The trade, however,

went on uninterrupted. Congress met and a bill was drafted in

1823 by Mr. Adams, then Secretary of State, and passed both

Houses, with little, if any, debate. I voted for it, believing

that it met, in a spirit of reciprocity, the British act of

Parliament. This bill, however, contained one little word,

"elsewhere," which completely defeated all our expectations.

It was noticed by no one. The senator from Massachusetts (Mr.

Webster) may have understood its effect. If he did so understand

it, he was silent. The effect of that word "elsewhere" was to

assume the pretensions alluded to in the instructions to Mr.

McLane. (Pretension to a "right" in the trade.) The result

was, that the British government shut their colonial ports

immediately, and thenceforward. This act of 1822 gave us a

monopoly (virtually) of the West India trade. It admitted, free

of duty, a variety of articles, such as Indian corn, meal, oats,

peas, and beans. The British government thought we entertained a

belief that they could not do without our produce, and by their

acts of the 27th June and 5th July, 1825, they opened their

ports to all the world, on terms far less advantageous to the

United States, than those of the act of 1822."

Such is the important statement of General Smith. Mr. Webster was

present at the time, and said nothing. Both these acts were clear

rights on the part of Great Britain, and that of 1825 contained a

limitation upon the time within which each nation was to accept the

privilege it offered, or lose the trade for ever. This legislative

privilege was accepted by all nations which had any thing to send to

the British West Indies, except the United States. Mr. Adams did not

accept the proffered privilege--undertook to negotiate for better

terms--failed in the attempt--and lost all. Mr. Clay was Secretary

of State, Mr. Gallatin the United States Minister in London, and the

instructions to him were, to insist upon it as a "right" that our

produce should be admitted on the same terms on which produce from

the British possessions were admitted.--This was the "elsewhere,"

&c. The British government refused to negotiate; and then Mr.

Gallatin was instructed to waive temporarily the demand of right,

and accept the privilege offered by the act of 1825. But in the mean

time the year allowed in the act for its acceptance had expired, and

Mr. Gallatin was told that his offer was too late! To that answer

the British ministry adhered; and, from the month of July, 1826, the

direct trade to the British West Indies was lost to our citizens,

leaving them no mode of getting any share in that trade, either

in sending out our productions or receiving theirs, but through

the expensive, tedious, and troublesome process of a circuitous

voyage and the intervention of a foreign vessel. The shock and

dissatisfaction in the United States were extreme at this unexpected

bereavement; and that dissatisfaction entered largely into the

political feelings of the day, and became a point of attack on Mr.

Adams's administration, and an element in the presidential canvass

which ended in his defeat.

In giving an account of this untoward event to his government, Mr.

Gallatin gave an account of his final interview with Mr. Huskisson,

from which it appeared that the claim of "right" on the part of the

United States, on which Mr. Gallatin had been instructed to "insist"

was "temporarily waived;" but without effect. Irritation, on account

of old scores, as expressed by Mr Gallatin--or resentment at our

pertinacious persistence to secure a "right" where the rest of the

world accepted a "privilege," as intimated by Mr. Huskisson--mixed

itself with the refusal; and the British government adhered to its

absolute right to regulate the foreign trade of its colonies, and to

treat us as it did the rest of the world. The following are passages

from Mr. Gallatin's dispatch, from London, September 11, 1827:

"Mr. Huskisson said it was the intention of the British

government to consider the intercourse of the British colonies

as being exclusively under its control, and any relaxation from

the colonial system as an indulgence, to be granted on such

terms as might suit the policy of Great Britain at the time

it was granted. I said every question of _right_ had, on this

occasion, been waived on the part of the United States, the

only object of the present inquiry being to ascertain whether,

as a matter of mutual convenience, the intercourse might not

be opened in a manner satisfactory to both countries. He (Mr.

H.) said that it had appeared as if America had entertained

the opinion that the British West Indies could not exist

without her supplies; and that she might, therefore, compel

Great Britain to open the intercourse on any terms she pleased.

I disclaimed any such belief or intention on the part of the

United States. But it appeared to me, and I intimated it,

indeed, to Mr. Huskisson, that he was acting rather under the

influence of irritated feelings, on account of past events, than

with a view to the mutual interests of both parties."

This was Mr. Gallatin's last dispatch. An order in council was

issued, interdicting the trade to the United States; and he returned

home. Mr. James Barbour, Secretary at War, was sent to London

to replace him, and to attempt again the repulsed negotiation;

but without success. The British government refused to open the

question: and thus the direct access to this valuable commerce

remained sealed against us. President Adams, at the commencement of

the session of Congress, 1827-28, formally communicated this fact

to that body, and in terms which showed at once that an insult had

been received, an injury sustained, redress refused, and ill-will

established between the two governments. He said:

"At the commencement of the last session of Congress, they were

informed of the sudden and unexpected exclusion by the British

government, of access, in vessels of the United States, to all

their colonial ports, except those immediately bordering upon

our own territory.

"In the amicable discussions which have succeeded the adoption

of this measure, which, as it affected harshly the interests

of the United States, became a subject of expostulation

on our part, the principles upon which its justification

has been placed have been of a diversified character. It

has at once been ascribed to a mere recurrence to the old

long-established principle of colonial monopoly, and at the

same time to a feeling of resentment, because the offers of

an act of Parliament, opening the colonial ports upon certain

conditions, had not been grasped at with sufficient eagerness

by as instantaneous conformity to them. At a subsequent period

it has been intimated that the new exclusion was in resentment,

because a prior act of Parliament, of 1822, opening certain

colonial ports, under heavy and burdensome restrictions, to

vessels of the United States, had not been reciprocated by

an admission of British vessels from the colonies, and their

cargoes, without any restriction or discrimination whatever.

But, be the motive for the interdiction what it may, the British

government have manifested no disposition, either by negotiation

or by corresponding legislative enactments, to recede from it;

and we have been given distinctly to understand that neither

of the bills which were under the consideration of Congress at

their last session, would have been deemed sufficient in their

concessions to have been rewarded by any relaxation from the

British interdict. The British government have not only declined

negotiation upon the subject, but, by the principle they have

assumed with reference to it, have precluded even the means

of negotiation. It becomes not the self-respect of the United

States, either to solicit gratuitous favours, or to accept, as

the grant of a favor, that for which an ample equivalent is

exacted."

This was the communication of Mr. Adams to Congress, and certainly

nothing could be more vexatious or hopeless than the case which he

presented--an injury, an insult, a rebuff, and a refusal to talk

with us upon the subject. Negotiation, and the hope of it, having

thus terminated, President Adams did what the laws required of him,

and issued his proclamation making known to the country the total

cessation of all direct commerce between the United States and the

British West India Islands.

The loss of this trade was a great injury to the United States

(besides the insult), and was attended by circumstances which

gave it the air of punishment for something that was past. It was

a rebuff in the face of Europe; for while the United States were

sternly and unceremoniously cut off from the benefit of the act of

1825, for omission to accept it within the year, yet other powers

in the same predicament (France, Spain and Russia) were permitted

to accept after the year; and the "irritated feelings" manifested

by Mr. Huskisson indicated a resentment which was finding its

gratification. We were ill-treated, and felt it. The people felt it.

It was an ugly case to manage, or to endure; and in this period of

its worst aspect General Jackson was elected President.

His position was delicate and difficult. His election had been

deprecated as that of a rash and violent man, who would involve us

in quarrels with foreign nations; and here was a dissension with

a great nation lying in wait for him--prepared to his hand--the

legacy of his predecessor--either to be composed satisfactorily,

or to ripen into retaliation and hostility; for it was not to be

supposed that things could remain as they were. He had to choose

between an attempt at amicable recovery of the trade by new

overtures, or retaliation--leading to, it is not known what. He

determined upon the first of these alternatives, and Mr. Louis

McLane, of Delaware, was selected for the delicate occasion. He

was sent minister to London; and in renewing an application which

had been so lately and so categorically rejected, some reason had

to be given for a persistance which might seem both importunate

and desperate, and even deficient in self-respect; and that reason

was found in the simple truth that there had been a change of

administration in the United States, and with it a change of opinion

on the subject, and on the essential point of a "right" in us to

have our productions admitted into her West Indies on the same

terms as British productions were received; that we were willing to

take the trade as a "privilege," and simply and unconditionally,

under the act of Parliament of 1825. Instructions to that effect

had been drawn up by Mr. Van Buren, Secretary of State, under

the special directions of General Jackson, who took this early

occasion to act upon his cardinal maxim in our foreign intercourse:

"_Ask nothing but what is right--submit to nothing wrong._" This

frank and candid policy had its effect. The great object was

accomplished. The trade was recovered; and what had been lost under

one administration, and precariously enjoyed under others, and been

the subject of fruitless negotiation for forty years, and under six

different Presidents--Washington, John Adams, Jefferson, Madison,

Monroe, Quincy Adams--with all their accomplished secretaries and

ministers, was now amicably and satisfactorily obtained under the

administration of General Jackson; and upon the basis to give it

perpetuity--that of mutual interest and actual reciprocity. The

act of Parliament gave us the trade on terms nearly as good as

those suggested by Washington in 1789; fully as good as those asked

for by him in 1794; better than those inserted in the treaty of

that year, and suspended by the Senate; and, though nominally on

the same terms as given to the rest of the world, yet practically

better, on account of our proximity to this British market; and our

superabundance of articles (chiefly provisions and lumber) which it

wants. And the trade has been enjoyed under this act ever since,

with such entire satisfaction, that there is already an oblivion

of the forty years' labor which it cost us to obtain it; and a

generation has grown up, almost without knowing to whom they are

indebted for its present enjoyment. But it made its sensation at the

time, and a great one. The friends of the Jackson administration

exulted; the people rejoiced; gratification was general--but not

universal; and these very instructions, under which such great and

lasting advantages had been obtained, were made the occasion in the

Senate of the United States of rejecting their ostensible author as

a minister to London. But of this hereafter.

The auspicious conclusion of so delicate an affair was doubtless

first induced by General Jackson's frank policy in falling back

upon Washington's ground of "privilege," in contradistinction to

the new pretension of "right,"--helped out a little, it may be,

by the possible after-clap suggested in the second part of his

maxim. Good sense and good feeling may also have had its influence,

the trade in question being as desirable to Great Britain as to

the United States, and better for each to carry it on direct in

their own vessels, than circuitously in the vessels of others;

and the articles on each side being of a kind to solicit mutual

exchange--tropical productions on one part, and those of the

temperate zone on the other. But there was one thing which certainly

contributed to the good result, and that was the act of Congress of

May 29th, of which General Samuel Smith, senator from Maryland, was

the chief promoter; and by which the President was authorized, on

the adoption of certain measures by Great Britain, to open the ports

of the United States to her vessels on reciprocal terms. The effect

of this act was to strengthen General Jackson's candid overture;

and the proclamation opening the trade was issued October the 5th,

1830, in the second year of the first term of the administration of

President Jackson. And under that proclamation this long desired

trade has been enjoyed ever since, and promises to be enjoyed in

after time co-extendingly with the duration of peace between the two

countries.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 42 / 166 章