22. If the agent and his deputies, and the commissaries, are not to trade, should it not be a part of their oath, that they will have no concern in such trade, directly or indirectly? Private agreements between them and the traders, for share of profits, should be guarded against, and the same care taken to prevent, if possible, private agreements between them and the purchasers of Indian lands.
31. —— "or trading at any other post, &c." This should be so expressed, as to make the master liable for the offence of the servant; otherwise it will have no effect.
33. I doubt the settling of tariffs will be a matter of difficulty. There may be differences of fineness, goodness, and value, in the goods of different traders, that cannot be properly allowed for by general tariffs. And it seems contrary to the nature of commerce, for government to interfere in the prices of commodities. Trade is a voluntary thing between buyer and seller; in every article of which, each exercises his own judgment, and is to please himself. Suppose either Indian or trader is dissatisfied with the tariff, and refuses barter on those terms, are the refusers to be compelled? if not, why should an Indian be forbidden to take more goods for skins than your tariff allows, if the trader is willing to give them, or a trader more skins for his goods, if the Indian is willing to give them? Where there are a number of different traders, the separate desire of each to get more custom will operate in bringing down their goods to a reasonable price. It therefore seems to me, that trade will best find and make its own rates; and that government cannot well interfere, unless it will take the whole trade into its own hands (as in some colonies it does) and manage it by its own servants, at its own risque.
38. I apprehend, that if the Indians cannot get rum of fair traders, it will be a great means of defeating all these regulations, that direct the trade to be carried on at certain posts. The countries and forests are so very large, it is scarce possible to guard every part, so as to prevent unlicensed traders drawing the Indians and the trade to themselves, by rum and other spiritous liquors, which all savage people are so fond of. I think they will generally trade where they can get rum, preferably to where it is refused them; and the proposed prohibition will therefore be a great encouragement to unlicensed traders, and promote such trade. If the commissaries, or officers at the posts, can prevent the selling of rum during the barter for other goods, and until the Indians are about going away, it is perhaps all that is practicable or necessary. The missionaries will, among other things, endeavour to prevail with them to live soberly and avoid drunkenness.
39. The Indian trade, so far as credit is concerned, has hitherto been carried on wholly upon honour. They have among themselves no such things as prisons or confinements for debt. This article seems to imply, that an Indian may be compelled by law to pay a debt of fifty shillings or under. Our legal method of compulsion is by imprisonment: the Indians cannot and will not imprison one another; and if we attempt to imprison them, I apprehend it would be generally disliked by the nations, and occasion breaches. They have such high ideas of the value of personal liberty, and such slight ones of the value of personal property;[73] that they would think the disproportion monstrous between the liberty of a man, and a debt of a few shillings; and that it would be excessively inequitable and unjust, to take away the one for a default in payment of the other. It seems to me therefore best, to leave that matter on its present footing; the debts under fifty shillings as irrecoverable by law, as this article proposes for the debts above fifty shillings. Debts of honour are generally as well paid as other debts. Where no compulsion can be used, it is more disgraceful to be dishonest. If the trader thinks his risque greater in trusting any particular Indian, he will either not do it, or proportion his price to his risque.
44. As the goods for the Indian trade all come from England, and the peltry is chiefly brought to England; perhaps it will be best to lay the duty here, on the exportation of the one, and the importation of the other, to avoid meddling with the question, of the right to lay duties in America by parliament here.
If it is thought proper to carry the trading part of this plan into execution, would it not be well to try it first in a few posts, to which the present colony laws for regulating the Indian trade do not reach; that by experience its utility may be ascertained, or its defects discovered and amended, before it is made general, and those laws repealed to make way for it?—If the Indians find by experience, that they are better used in their trade at the posts, under these regulations, than at other places, may it not make them desirous of having the regulations extended to other places; and when extended, better satisfied with them upon reflection and comparison[74]?
FOOTNOTES:
[72] The plan remarked upon was under the consideration of ministry before the close of the year 1766, and (as I am inclined to think) after the commencement of 1765. I can go no nearer as to its date.