Treaty of Amity and Commerce

“ A treaty of amity and commerce has been formed with the Republic of Chili, which, if approved by the Senate, will be laid before you. That Government seems to be established, and at peace with its neighbors; and its ports being the resorts of our ships which are employed in the highly important trade of the fisheries, this commercial convention can not but be of great advantage to our fellow-citizens engaged in that perilous but profitable business. ”

“ Our trade with Austria, although of secondary importance, has been gradually increasing, and is now so extended as to deserve the fostering care of the Government. A negotiation, commenced and nearly completed with that power by the late Administration, has been consummated by a treaty of amity, navigation, and commerce, which will be laid before the Senate. ”

“ If Great Britain asks, then, why she should enter into treaty with us? why not carry on her commerce without treaty? I answer; because till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States having abandoned the right of separate agreements and treaties) ; no protection to her commerce can be given by Congress ”

“ With such nations, the only wisdom is, to conclude treaties, not of reciprocity, but of commerce; that is, treaties in which, in consideration of certain branches of our manufactures being admitted on favourable terms, we agree to admit certain articles of their produce on equally advantageous conditions. Thus, a treaty, by which we agreed to admit, for a moderate duty, the wines of France, which we can never rival, in return for their admitting our iron and cotton goods on similar terns, would be a measure of equal benefit to both countries. ”

“ By the sixth article of the Confederation, the States renounce, individually, all power to make any treaty, of whatever nature, with a foreign nation. By the ninth article, they give the power of making treaties wholly to Congress, with two reservations only. 1. That no treaty of commerce shall be made, which shall restrain the legislature from making foreigners pay the same imposts with their own people: nor 2d, from prohibiting the exportation or importation of any species of merchandise, which they might think proper. ”

“ This system, first proclaimed to the world in the first commercial treaty ever concluded by the United States-that of 6th February, 1778, with France-has been invariably the cherished policy of our Union. It is by treaties of commerce alone that it can be made ultimately to prevail as the established system of all civilized nations. With this principle our fathers extended the hand of friendship to every nation of the globe, and to this policy our country has ever since adhered. ”

“ The present Treaty of Commerce, concluded in the interests of both powers, by demonstrating their mutual solicitude for the maintenance of peace between, as well as for the well-being of, their respective subjects, ought to draw still closer together those links of friendship which at the present moment unite the two Powers. ”

“ The truth is, he said also, that “this nation is fond of glory, particularly that of protecting the oppressed.” [11]
The treaty of commerce, accompanying the treaty of alliance of 1778, [12] had been in itself a justification of this judgment. Help from abroad was so pressingly needed in America that almost any advantages requested by France as a condition would have been granted; but that strange sight was seen: advantages being offered, unasked, by one party, and declined by the other. ”

“ I would say, then, to every nation on earth, by treaty, your people shall trade freely with us, and ours with you, paying no more 350 than the most favored nation, in order to put an end to the right of individual States, acting by fits and starts, to interrupt our commerce, or to embroil us with any nation. ”

“ When a nation binds itself by treaty, either to permit the entry of certain goods from one foreign country which it prohibits from all others, or to exempt the goods of one country from duties to which it subjects those of all others, the country, or at least the merchants and manufacturers of the country, whose commerce is so favoured, must necessarily derive great advantage from the treaty. ”

“ Though they may exercise their other powers by resolution or ordinance, those over commerce can only be exercised by forming a treaty, and this probably by an accidental wording of our Confederation. If, therefore, it is better for the States that Congress should regulate their commerce, it is proper that they should form treaties with all nations with whom they may possibly trade. ”

“ Or that the mere fact of a territory having been ceded by one sovereignty to another, opens it to a free commercial intercourse with all the world, as a matter of course, until the new possessor has legislated some terms upon which that may be done. There is no such commercial liberty known among nations, and the attempt to introduce it in this instance is resisted by all of those considerations which have made foreign commerce between nations conventional. 'The treaty that gives the right of commerce, is the measure and rule of that right.' Vattel, c. ”

“ And even where freedom of commercial intercourse is made a subject of stipulation in a treaty, it is generally with a view to the removal of some previous restriction, or the introduction of some new privilege, most frequently, is identified with the return to a state of peace. But another view of the subject leads directly to the same conclusion. Power to regulate foreign commerce is given in the same words, and in the same breath, as it were, with that over the commerce of the States and with the Indian tribes. But the power to regulate foreign commerce is necessarily exclusive. ”

“ Since my last annual message the exchange has been made of the ratification of a treaty of commerce and navigation with Belgium, and of conventions with the Mexican Republic for the further extension of the joint commission respecting claims; with the Hawaiian Islands for commercial reciprocity, and with the Ottoman Empire for extradition; all of which have been duly proclaimed. ”

“ As to England, any one of the legislatures may impose on her goods double the duties which are paid other nations; may prohibit their goods altogether; may refuse them the usual facilities for 287 recovering their debts or withdrawing their property; may refuse to receive their Consuls or to give those Consuls any jurisdiction. But with France, whose commerce is protected by a treaty, no State can give any molestation to that commerce which is defended by the treaty. ”

“ There was an obvious difference between treaties of peace and those of commerce, because commercial treaties frequently clashed with the laws upon that subject; so that It was necessary to be ratified in Parliament. As a proof that our present Articles of Confederation were paramount, it was there expressed that France should enjoy certain privileges. Now, supposing any law had passed taking those privileges away, would not the treaty be a sufficient bar to any local or municipal laws? What sort of power is that which leaves individuals in full power to reject or approve? ”

“ Passing over trade agreements affecting the Eastern empire, the modern commercial treaty system came into existence in the 12th century. Genoa, Pisa and Venice were then well-organized communities, and were in keen rivalry. Whenever their position in a foreign country was strong, a trading centre was established, and few or no specific engagements were made on their part. But in serious competition or difficulty another course was adopted: a formal agreement was concluded for the better security of their commerce and navigation. ”

“ It is agreed besides that in all the stipulated cases of cessions, there shall be allowed to the inhabitants, of whatever rank or nation they may be, a term of three years, reckoning from the notification of the present treaty, to dispose of all their properties, whether acquired by them before or during the continuance of the present war; during which term of three years, they shall have free and entire liberty to exercise their religion, and to enjoy their fortunes. ”

“ Our commerce will be put at once under the solemn safeguard of treaty, so that it will enjoy that security which is essential to its perfect prosperity, and can no longer suffer from discriminating duties or hostile legislation, aroused by a just sensibility [Pg 325] at our persevering illiberality. If you would have such treaties, you must begin by an acknowledgment of independence. ”

“ I bring to you the confident assurance that in anything you do here to-night to bring about the negotiation of a stable treaty of arbitration with your old country you will have with you the solid common sense of the American people.
We must stand together, and we must find a safe, solid, and ample ground on which to stand together. That ground is a program in which the deliberations of reason must supplant the folly of force.
We should have reciprocity in the fullest meaning of the word. Not only commercial reciprocity, but a fair exchange of truth, of trade, and of treaties. ”

“ The real difficulty in the way of negotiating profitable reciprocity treaties is that we have given freely so much that would have had value in the mutual concessions which such treaties imply. I can not doubt, however, that the present advantages which the products of these near and friendly States enjoy in our markets, though they are not by law exclusive, will, with other considerations, favorably dispose them to adopt such measures, by treaty or otherwise, as will tend to equalize and greatly enlarge our mutual exchanges. ”

“ Scope of a Treaty or Commerce.
I must begin with a definition.
It is usual to think of Treaties of Commerce as restricted to tariffs. Nothing is more erroneous and no popular error is more detrimental to an intelligent understanding of the subject. One unpropititious consequence of the error is that treaties of commerce are popularly supposed by some to be a counterblast to free trade, by others as a step towards it. In reality, treaties of commerce are simply agreements between States relating to trade carried on between them. ”

“ A reciprocity treaty, while it could not materially diminish the revenues of the United States, would be a guaranty of the good will and forbearance of all nations until the people of the islands shall of themselves, at no distant day, voluntarily apply for admission into the Union. ”