History of merchant shipping and ancient commerce, Volume 3 (of 4)

by W. S. Lindsay

Conciliatory steps of the Americans, 1830.

Happily, however, these retaliatory measures did not remain long in force; and, after various negotiations, it was enacted by the American Congress on the 29th May, 1830, that, whenever the President should have evidence that Great Britain would open the ports of her colonial possessions in the West Indies, South America, and the Bermudas, for a limited or indefinite time to United States ships, at the same rate of impost and tonnage and with the same cargoes as British vessels, and that they would be allowed to export from such British possessions to any country whatever any article which could be exported in British vessels, leaving any other intercourse with Great Britain in other respects as it then was, he might grant similar privileges to British vessels coming from the said possessions to the United States. This conciliatory measure was followed on October 5th, 1830, by a proclamation from the President, extending the provisions of the Act to the British colonies therein specified, and which had been opened to American vessels. Finally, a British Order in Council of the 5th November of that year, repealing the various Orders passed between 1823 and 1827, was issued, authorising vessels of the United States to import into British possessions abroad any produce of the United States from those States, and to export goods from the British possessions abroad to any foreign countries whatever.

Foreigners look with suspicion on any change in the Navigation Laws.

Subsequently to the failure of Mr. Pitt’s measure respecting the trade of the United States, no great effort was made for many years to modify grievances with other nations, which every one felt were caused by the Navigation Laws. Protection had become so thoroughly engrafted on the whole policy of the nation, that the question of the repeal of these laws could only be approached by degrees, the country being so impressed with their necessity, that any attempt during the first quarter of this century to sweep them away would have proved a signal failure. Indeed, at the close of the French war, when modifications were offered, conditionally, to other countries, it is not surprising that such foreign nations as believed the prosperity of England to be due to her protective system were not satisfied of the honesty of her intentions: most of them, in fact, looked with suspicion on proposals which, in the dawn of sound commercial knowledge, were not unnaturally thought by them inimical to the interests of England. Foreign nations were slow to recognise that the comparative freedom of her constitution, her vast mineral resources, the skill and energy of her people, the security of property, and the equality of taxation, could secure for England either her commercial or her manufacturing superiority; and, still less, could they comprehend how much such causes as these had to do with her maritime supremacy. They were equally unable to discover to how great an extent the prosperity of these interests and of shipping were mutually dependent on each other, ships being really the adjuncts only of commerce, as without it there would be no reason for their existence.

Reciprocity Treaties of 1824-6.

But after much discussion reciprocity treaties were concluded by Mr. Canning and Mr. Huskisson with several Continental Powers, the object of these statesmen being to hold out the right hand of fellowship to other nations, and to surrender in exchange for some concession on their part the more stringent conditions of our Navigation Laws. The earliest of these treaties was with Prussia, on the 2nd April, 1824: on the 16th June, we made another with Denmark; on the 29th September, 1825, with the Hanseatic Republics of Lubeck, Bremen, and Hamburg; on the 16th January, 1826, with France, and on the 26th December, of the same year, with Mexico. Various other treaties followed; opening, on certain terms of reciprocity, the ports of Great Britain to the ships of the nations with whom they were made; but reserving to her own ships, as a rule and with jealous care, her colonial ports.

Value of treaties in early times,

During the Middle Ages, when foreigners were too frequently subjected to unjust treatment, treaties were, no doubt, necessary for their protection. For instance, at one time, all foreigners residing in England were held liable for the debts and even for the crimes of each other. Shipwrecks, though attended with less of the barbarity of earlier times, were regarded in most countries as fortunate opportunities for plunder; while tolls and local charges of the most arbitrary description were levied on aliens by states, princes, corporations, and the lords of manors. There were also many other matters scarcely less oppressive and unjust which could only be redressed by negotiations.

but inadequate for the regulation of commercial intercourse, and liable to unfair diplomacy.

Under such circumstances it was necessary for commercial States to secure, by treaties, that protection and security for the person and property of their subjects abroad against the injustice they were liable to, and which they could not obtain from the laws of the countries where they might happen to be. Treaties were also required for the regulation of neutral commerce during war, and for defining clearly what goods could not be carried by neutrals for the belligerents. For all such purposes treaties were, of course, essential; but, when they came to be used, with the further object of teaching different nations how to conduct their own business, a practice arose which, however useful at the time in assisting a change of system, could not long endure. Regulations as to the duties chargeable on certain articles, or for the privileges of certain ships, according as they were built by, or belonged to, particular countries, inducing constant misrepresentation and tending to create grave differences between nations, were soon found to be neither the best nor the wisest means for producing economic or friendly commerce. Moreover, the whole system of treaties so constructed was attended with a mode of bargaining, in which the clever diplomatist might frequently gain unfair advantages for the people he represented. Such a course of action was so obviously undignified in the conduct of national affairs, that all merchants of high standing in different countries at length protested against it. Statesmen, also, began to discover that, as a rule, it was better for commerce to flow on with no interference from treaties or other legislation—that, as a matter of fact, it prospers best unaided; and, further, that such a state of things, while unsatisfactory so far as the intercourse between nations is concerned, was also discreditable, alike to the nations entertaining such propositions, and to the ministers or officers by whom they were proposed.