PARIS, October 23, 1787.
SIR,--I take the liberty of troubling your Excellency on the subject of
the _Arret_ which has lately appeared, for prohibiting the importation
of whale oils and spermaceti, the produce of foreign fisheries. This
prohibition being expressed in general terms, seems to exclude the
whale oils of the United States of America, as well as of the nations
of Europe. The uniform disposition, however, which his Majesty and his
ministers have shown to promote the commerce between France and the
United States, by encouraging our productions to come hither, and
particularly those of our fisheries, induces me to hope, that these
were not within their view, at the passing of this _Arret_. I am led
the more into this opinion, when I recollect the assiduity exercised
for several months, in the year 1785, by the committee appointed by
government to investigate the objects of commerce of the two countries,
and to report the encouragements of which it was susceptible; the
result of that investigation, which his Majesty's Comptroller General
did me the honor to communicate, in a letter of the 22d of October,
1786, stating therein the principles which should be established for
the future regulations of that commerce, and particularly
distinguishing the articles of whale oils by an abatement of the duties
of them for the present, and a promise of further abatement after the
year 1790; the thorough re-investigation with which Monsieur de Lambert
honored this subject, when the letter of 1786 was to be put into the
form of an _Arret_; that _Arret_ itself, bearing date the 29th of
December last, which ultimately confirmed the abatements of duty
present and future, and declared that his Majesty reserved to himself
to grant other favors to that production, if on further information, he
should find it for the interest of the two nations; and finally, the
letter in which Monsieur de Lambert did me the honor to enclose the
_Arret_, and to assure me, that the duties which had been levied on our
whale oils, contrary to the intention of the letter of 1786, should be
restored. On a review, then, of all these circumstances, I cannot but
presume, that it has not been intended to reverse, in a moment, views
so maturely digested, and uniformly pursued; and that the general
expressions of the _Arret_ of September the 28th had within their
contemplation the nations of Europe only. This presumption is further
strengthened by having observed, that in the treaties of commerce, made
since the epoch of our independence, the _jura gentis amicissimæ_
conceded to other nations, are expressly restrained to those of the
"most favored _European_ nation;" his Majesty wisely foreseeing, that
it would be expedient to regulate the commerce of a nation, which
brings nothing but raw materials to employ the industry of his
subjects, very differently from that of the European nations, who bring
mostly what has already passed through all the stages of manufacture.
On these circumstances, I take the liberty of asking information from
your Excellency, as to the extent of the late _Arret_; and if I have
not been mistaken in supposing it did not mean to abridge that of
December the 29th, I would solicit an explanatory _Arret_, to prevent
the misconstructions of it, which will otherwise take place. It is much
to be desired, too, that this explanation could be given as soon as
possible, in order that it may be handed out with the _Arret_ of
September the 28th. Great alarm may otherwise spread among the
merchants and adventurers in the fisheries, who, confiding in the
stability of regulations, which his Majesty's wisdom had so long and
well matured, have embarked their fortunes in speculations in this
branch of business.
The importance of the subject to one of the principal members of our
Union induces me to attend with great anxiety, the re-assurance from
your Excellency, that no change has taken place in his Majesty's views
on this subject; and that his dispositions to multiply, rather than
diminish the combinations of interest between the two people, continue
unaltered.
Commerce is slow in changing its channel. That between this country and
the United States, is as yet but beginning; and this beginning has
received some checks. The _Arret_ in question would be a considerable
one, without the explanation I have the honor to ask. I am persuaded,
that a continuation of the dispositions which have been hitherto
manifested towards us, will insure effects, political and commercial,
of value to both nations.
I have had too many proofs of the friendly interest your Excellency is
pleased to take, in whatever may strengthen the bands and connect the
views of the two countries, to doubt your patronage of the present
application; or to pretermit any occasion of repeating assurances of
those sentiments of high respect and esteem with which I have the honor
to be, your Excellency's most obedient, and most humble servant.