Chapter XXXIV: Section 158: , "lesion cannot render a treaty invalid. It is his duty who (2)

Would even a single nation begin with the United States this system of free commerce, it would be advisable to begin it with that nation; since it is one by one only that it can be extended to all. Where the circumstances of either party render it expedient to levy a revenue, by way of impost, on commerce, its freedom might be modified, in that particular, by mutual and equivalent measures, preserving it entire in all others.

Some nations, not yet ripe for free commerce in all its extent, might still be willing to mollify its restrictions and regulations for us, in proportion to the advantages which an intercourse with us might offer. Particularly they may concur with us in reciprocating the duties to be levied on each side, or in compensating any excess of duty by equivalent advantages of another nature. Our commerce is certainly of a character to entitle it to favor in most countries. The commodities we offer are either necessaries of life, or materials for manufacture, or convenient subjects of revenue; and we take in exchange, either manufactures, when they have received the last finish of art and industry, or mere luxuries. Such customers may reasonably expect welcome and friendly treatment at every market. Customers, too, whose demands, increasing with their wealth and population, must very shortly give full employment to the whole industry of any nation whatever, in any line of supply they may get into the habit of calling for from it.

But should any nation, contrary to our wishes, suppose it may better find its advantage by continuing its system of prohibitions, duties and regulations, it behooves us to protect our citizens, their commerce and navigation, by counter prohibitions, duties and regulations, also. Free commerce and navigation are not to be given in exchange for restrictions and vexations; nor are they likely to produce a relaxation of them.

Our navigation involves still higher considerations. As a branch of industry, it is valuable, but as a resource of defence, essential.

Its value, as a branch of industry, is enhanced by the dependence of so many other branches on it. In times of general peace it multiplies competitors for employment in transportation, and so keeps that at its proper level; and in times of war, that is to say, when those nations who may be our principal carriers, shall be at war with each other, if we have not within ourselves the means of transportation, our produce must be exported in belligerent vessels, at the increased expense of war-freight and insurance, and the articles which will not bear that, must perish on our hands.

But it is as a resource of defence that our navigation will admit neither neglect nor forbearance. The position and circumstances of the United States leave them nothing to fear on their land-board, and nothing to desire beyond their present rights. But on their seaboard, they are open to injury, and they have there, too, a commerce which must be protected. This can only be done by possessing a respectable body of citizen-seamen, and of artists and establishments in readiness for ship-building.

Were the ocean, which is the common property of all, open to the industry of all, so that every person and vessel should be free to take employment wherever it could be found, the United States would certainly not set the example of appropriating to themselves, exclusively, any portion of the common stock of occupation. They would rely on the enterprise and activity of their citizens for a due participation of the benefits of the seafaring business, and for keeping the marine class of citizens equal to their object. But if particular nations grasp at undue shares, and, more especially, if they seize on the means of the United States, to convert them into aliment for their own strength, and withdraw them entirely from the support of those to whom they belong, defensive and protecting measures become necessary on the part of the nation whose marine resources are thus invaded; or it will be disarmed of its defence; its productions will lie at the mercy of the nation which has possessed itself exclusively of the means of carrying them, and its politics may be influenced by those who command its commerce. The carriage of our own commodities, if once established in another channel, cannot be resumed in the moment we may desire. If we lose the seamen and artists whom it now occupies, we lose the present means of marine defence, and time will be requisite to raise up others, when disgrace or losses shall bring home to our feelings the error of having abandoned them. The materials for maintaining our due share of navigation, are ours in abundance. And, as to the mode of using them, we have only to adopt the principles of those who put us on the defensive, or others equivalent and better fitted to our circumstances.

The following principles, being founded in reciprocity, appear perfectly just, and to offer no cause of complaint to any nation:

1. Where a nation imposes high duties on our productions, or prohibits them altogether, it may be proper for us to do the same by theirs; first burdening or excluding those productions which they bring here, in competition with our own of the same kind; selecting next, such manufactures as we take from them in greatest quantity, and which, at the same time, we could the soonest furnish to ourselves, or obtain from other countries; imposing on them duties lighter at first, but heavier and heavier afterwards, as other channels of supply open. Such duties having the effect of indirect encouragement to domestic manufactures of the same kind, may induce the manufacturer to come himself into these States, where cheaper subsistence, equal laws, and a vent of his wares, free of duty, may ensure him the highest profits from his skill and industry. And here, it would be in the power of the State governments to co-operate essentially, by opening the resources of encouragement which are under their control, extending them liberally to artists in those particular branches of manufacture for which their soil, climate, population and other circumstances have matured them, and fostering the precious efforts and progress of _household_ manufacture, by some patronage suited to the nature of its objects, guided by the local informations they possess, and guarded against abuse by their presence and attentions. The oppressions on our agriculture, in foreign ports, would thus be made the occasion of relieving it from a dependence on the councils and conduct of others, and of promoting arts, manufactures and population at home.

2. Where a nation refuses permission to our merchants and factors to reside within certain parts of their dominions, we may, if it should be thought expedient, refuse residence to theirs in any and every part of ours, or modify their transactions.

3. Where a nation refuses to receive in our vessels any productions but our own, we may refuse to receive, in theirs, any but their own productions. The first and second clauses of the bill reported by the committee, are well formed to effect this object.

4. Where a nation refuses to consider any vessel as ours which has not been built within our territories, we should refuse to consider as theirs, any vessel not built within their territories.

5. Where a nation refuses to our vessels the carriage even of our own productions, to certain countries under their domination, we might refuse to theirs of every description, the carriage of the same productions to the same countries. But as justice and good neighborhood would dictate that those who have no part in imposing the restriction on us, should not be the victims of measures adopted to defeat its effect, it may be proper to confine the restriction to vessels owned or navigated by any subjects of the same dominant power, other than the inhabitants of the country to which the said productions are to be carried. And to prevent all inconvenience to the said inhabitants, and to our own, by too sudden a check on the means of transportation, we may continue to admit the vessels marked for future exclusion, on an advanced tonnage, and for such length of time only, as may be supposed necessary to provide against that inconvenience.

The establishment of some of these principles by Great Britain, alone, has already lost us in our commerce with that country and its possessions, between eight and nine hundred vessels of near 40,000 tons burden, according to statements from official materials, in which they have confidence. This involves a proportional loss of seamen, shipwrights, and ship-building, and is too serious a loss to admit forbearance of some effectual remedy.

It is true we must expect some inconvenience in practice from the establishment of discriminating duties. But in this, as in so many other cases, we are left to choose between two evils. These inconveniences are nothing when weighed against the loss of wealth and loss of force, which will follow our perseverance in the plan of indiscrimination. When once it shall be perceived that we are either in the system or in the habit of giving equal advantages to those who extinguish our commerce and navigation by duties and prohibitions, as to those who treat both with liberality and justice, liberality and justice will be converted by all into duties and prohibitions. It is not to the moderation and justice of others we are to trust for fair and equal access to market with our productions, or for our due share in the transportation of them; but to our own means of independence, and the firm will to use them. Nor do the inconveniences of discrimination merit consideration. Not one of the nations before mentioned, perhaps not a commercial nation on earth, is without them. In our case one distinction alone will suffice: that is to say, between nations who favor our productions and navigation, and those who do not favor them. One set of moderate duties, say the present duties, for the first, and a fixed advance on these as to some articles, and prohibitions as to others, for the last.

Still, it must be repeated that friendly arrangements are preferable with all who will come into them; and that we should carry into such arrangements all the liberality and spirit of accommodation which the nature of the case will admit.

France has, of her own accord, proposed negotiations for improving, by a new treaty on fair and equal principles, the commercial relations of the two countries. But her internal disturbances have hitherto prevented the prosecution of them to effect, though we have had repeated assurances of a continuance of the disposition.

Proposals of friendly arrangement have been made on our part, by the present government, to that of Great Britain, as the message states; but, being already on as good a footing in law, and a better in fact, than the most favored nation, they have not, as yet, discovered any disposition to have it meddled with.

We have no reason to conclude that friendly arrangements would be declined by the other nations, with whom we have such commercial intercourse as may render them important. In the meanwhile, it would rest with the wisdom of Congress to determine whether, as to those nations, they will not surcease _ex parte_ regulations, on the reasonable presumption that they will concur in doing whatever justice and moderation dictate should be done.

FOOTNOTE:

[33] April 12, 1792.

XLI.--_Report on the Mint. Communicated to the Senate, December 31, 1793._

PHILADELPHIA, December 30, 1793.

SIR,--I am informed, by the Director of the Mint, that an impediment has arisen to the coinage of the precious metals, which it is my duty to lay before you.

It will be recollected, that, in pursuance of the authority vested in the President, by Congress, to procure artists from abroad, if necessary, Mr. Drost, at Paris, so well known by the superior style of his coinage, was engaged for our mint; but that, after occasioning to us a considerable delay, he declined coming. That thereupon, our minister at London, according to the instructions he had received, endeavored to procure, there, a chief coiner and assayer; that, as to the latter, he succeeded in sending over a Mr. Albion Coxe, for that office, but that he could procure no person there more qualified to discharge the duties of chief coiner, than might be had here; and, therefore, did not engage one. The duties of this last office have consequently been, hitherto, performed, and well performed, by Henry Voight, an artist of the United States, but the law requiring these officers to give a security, in the sum of ten thousand dollars each, neither is able to do it. The coinage of the precious metals has, therefore, been prevented for some time past, though, in order that the mint might not be entirely idle, the coinage of copper has been going on; the trust in that, at any one point of time, being of but small amount.

It now remains to determine how this difficulty is to be got over. If by discharging these officers, and seeking others, it may well be doubted if any can be found in the United States, equally capable of fulfilling their duties; and to seek them from abroad, would still add to the delay; and if found either at home or abroad, they must still be of the description of artists whose circumstances and connections rarely enable them to give security in so large a sum. The other alternative would be to lessen the securityship in money, and to confide that it will be supplied by the vigilance of the director, who, leaving as small masses of metal in the hands of the officers, at any one time, as the course of their process will admit, may reduce the risk to what would not be considerable.

To give an idea of the extent of the trust to the several officers, both as to sum and time, it may be proper to state the course of the business, according to what the director is of opinion it should be. The treasurer, he observes, should receive the bullion; the assayer, by an operation on a few grains of it, is to ascertain its fineness. The treasurer is then to deliver it to the refiner, to be melted and mixed to the standard fineness; the assayer here, again, examining a few grains of the melted mass, and certifying when it is of due fineness; the refiner then delivers it to the chief coiner, to be rolled and coined, and returns it, when coined, to the treasurer. By this it appears, that a few grains only, at a time, are in the hands of the assayer, the mass being confided, for operation, to the refiner and chief coiner. It is to be observed that the law has not taken notice of the office of refiner, though so important an officer ought, it should seem, to be of the President's nomination, and ought to give a security nearly equal to that required from the chief coiner.

I have thought it my duty to give this information under an impression that it is proper to be communicated to the Legislature, who will decide, in their wisdom, whether it will be expedient to make it the duty of the treasurer to receive and keep the bullion before coinage;

To lessen the pecuniary security required from the chief coiner and assayer; and

To place the office of the refiner under the same nomination with that of the other chief officers; to fix his salary, and require due security.

I have the honor to be, with the most perfect respect and attachment, sir, your most obedient and most humble servant.

END OF VOL. VII.

INDEX TO VOL. VII.

ADAMS, JOHN--His estimate of life, 30.
His reading, 59, 69.
His religious opinions, 59, 68, 219, 280.
Calumnies of Pickering against, 58, 62.
His views of metaphysics, 71.
His views of Bonaparte, 71.
Letter of condolence to, from Mr. Jefferson, 107.
Oldest signer of the Declaration of Independence, 218, 219.

ADAMS, J. Q.--Made Secretary of State, 85.

ALEXANDER, EMPEROR--His character and views, 20.

ADVICE--Letter of, 401.

ANATOMY--Experiments in, 388.

ANGLO SAXON--The language, 416.

APOCALYPSE, THE--View of, 394.

ASTRONOMY--New method of finding longitude, 223, 226.

BANKS--Evils of the Banking system, 64, 111, 115.
Suspension of, 142.
Distress resulting therefrom, 151.
Jefferson's plan for reducing circulating medium, 146.

BARBARY STATES--Their piracies, 250.
Efforts to redeem Algerine prisoners, 532.

BOLINGBROKE, LORD--His writings, 197.

BONAPARTE--His character, 275.

BOOKS--Should be imported free of duty, 220.

CAMPBELL, COL.--Hero of King's Mountain, 268.

CAPITOL--Whether there should be any inscription on new one, 41.

CHEMISTRY--Progress of, 259.

CINCINNATI SOCIETY--History of, 368.

CLASSICS--The study of, 131.

CLIMATE--Of western country, 375.

COINAGE--Report on copper coinage, 462.
Report on coins, weights and measures, 472.

COLONIZATION OF NEGROES--Views on, 332.

COMMERCE--Treaties with European powers, 436.
Our Mediterranean trade, 519.
Restriction and privileges of our foreign commerce, 636.
Free Trade, how far practicable, 646.

COMMITTEES OF CORRESPONDENCE--Origin of, 120.

COMPENSATION LAW--Unpopularity of, 78.

CONGRESS--Whether it has a right to adjourn to a new place of
meeting without consent of President, 495.

CONSOLIDATION--Dangers of, 223, 293, 430.
Rapid strides towards, 426, 430.

CONSTITUTION--Rules for interpreting, 296, 336, 342, 358.
Distribution of powers between State and Federal governments, 297,
358.
Who the final arbiter between State and Federal governments, 298,
358.
Should be easily amendable, 323, 336.
Similarity of Constitutions of different States, 323.

COURTS, COUNTY--Magistrates of, should be elected by the people, 12,
18.

CUBA--Should not be allowed to pass to England, 288, 299.
People of, how affected, 299.
Should belong to the U. States, 316.

DAVID, KING--His description of a good man, 337.

DEBT, FOREIGN--How it should be managed, 506.

DRAWBACKS--Should be repealed, 6.

EDUCATION--General plan of, 98, 187, 322, 398.
Female education, 101.
Northern teachers and professors, 187.
Common school system of Virginia a failure, 256.

ELOQUENCE--Models of, 231.

EMBARGO--Circumstances under which, resorted to, 373.
Circumstances which led to its repeal, 425, 431.
Treasonable conduct of Massachusetts in relation to, 425, 431.

ENGLAND--Feeling of towards U. States, 42, 519.
Debt of, 43.
Condition and prospects of, 45, 48, 232.
Constitution of, 48.
Parties in, 50.
Discontents in, 196.
Origin of her constitution, 355.
Effects of Norman conquest, 413.
Indemnity for slaves carried off by, during Revolutionary war, 518.
Commercial relations of, with United States, 518.

EUROPE--Condition of, 182, 193, 217, 244, 288.
Revolutions in, 307.

EXPATRIATION--Exists as a natural right, 72.

FRANCE--Condition of, 66, 76.
Return to, of Louis XVIII., 82.
Constitution of, 86.
Allied powers depart, 109.
Her revolution, 302.
Her progress in science, 323.
Whether our treaties with, remain Obligatory after her revolution,
611.
Not allowed to equip privateers in our ports, 226.

FRANKLIN, BENJAMIN--Calumnies against, 108.

FISHERIES--Report on Cod fisheries, 588.
History of Cod fisheries, 538.
History of whale fisheries, 544.

GENERATIONS--One has no right to bind another, 16, 19, 311, 359.

GOVERNMENT--Views on, 3, 263, 307, 318, 357.
Should reflect will of people in all its departments, 9, 319.
Is progressive, 15.
Should be remodelled from time to time, 14, 19.
Principle of representation, 32.
Must be adapted to each particular people, 56.
Majority must govern, 75.
Europe cannot bear republican government, 325.

GREEK--Pronunciation of, 112, 137.
The ablative case in, 272, 340.

GRIEF--Its uses and abuses, 33, 37.

HAMILTON, A.--His monarchical principles, 389.

HISTORY--Course of, indicated for University of Virginia, 412.

IMPROVEMENT, INTERNAL--Progress of, 75, 422.
Power of, does not belong to federal government, 79.

INDEPENDENCE, DECLARATION OF--Its history, 122, 304.
Jefferson's opinion of Mecklenburg Declaration, 128.
Authorship of, 407.
Original rough draft of, 409.
The house in which written, 410.
Celebration of 50th anniversary of, 450.

INDIANS--Their language, 96, 400.
Plan for civilizing, 233.
The right to extinguish Indian titles belongs to federal and
not State governments, 467.

JAY, JOHN--Why he did not sign Declaration of Independence, 308.

JEFFERSON, THOMAS--His estimate of life, 25, 421.
Decay of his faculties, 52, 179, 327.
Resigned to death, 52, 243.
Oppressed by correspondence, 54, 254.
His occupations in his old age, 111, 116.
His habits of life, 116.
Materials for his biography, 117.
Application for his portrait, 203.
Complains of publication of his letters, 222.
Settlements of his accounts on his return from France, 239, 246.
His relations with J. Adams, 314.
Calumnies of Pickering, 362.
His relations with Washington unaffected by the Mazzei letter,
364.
Their friendship uninterrupted to the last, 370.
His losses by security debt, 433.

JUDICIARY, FEDERAL--Decisions of, do not bind other departments
of the government, 134, 177.
Each department decides for itself, 134, 177.
Danger to our system from encroachments of, 192, 199, 216,
256, 278, 293, 321, 403.

KENTUCKY RESOLUTIONS--Drawn by Jefferson, 229.

KOSCIUSKO--His will, 98.
His services to United States, 106.

LA FAYETTE--His visit to United States, 378, 379.

LANDS, PUBLIC--Settlements on, 83.

LANGDON, GOVERNOR--His relations with Jefferson, 154.

LANGUAGE--Is progressive, 174, 418.

LAW--Course of reading in, 207.
Common law no part of law of United States, 251.
Christianity no part of common law, 359.
Origin of common law, 381.

LAW, INTERNATIONAL--Principle of free ships make free goods &c.,
not law of nations, 270.

LEE, R. H.--Biography of, 422.

LEWIS AND CLARKE--Journal of their expedition, 91.

LIVINGSTON, E.--His code, 383, 483.

LOAN--Proposition for new loan, 629.

LOTTERIES--Jefferson applies for leave to sell his property by
lottery, 434.

LOUISIANA--Boundaries of, 51.

MANUFACTURES--Whether a mark should be secured to each by law, 563.

MATERIALISM--Views on, 153, 175.

MAZZEI LETTER--History and explanation of, 364.

METAPHYSICS--Views on, 153, 175.

MINISTERS--Senate has no right to negative the _grade_ of a
minister, it can only negative the _person_ appointed by
the Executive, 465.

MISSIONS, RELIGIOUS--To foreign States objectionable, 287.

MINT--The coiner at the mint unable to give security, 651.

MISSISSIPPI RIVER--Our right to navigate, 568.

MISSOURI QUESTION--150, 151, 194, 200.
Evil of a geographical line, 151, 158, 159, 180, 182, 194.

MONROE, JAMES--His election to Presidency, 80.

NAVY--Origin of navy of United States, 261, 264.

NEUTRALITY--A neutral nation may refuse belligerents right to
pass through its territory, 509.

NOVELS--Evil of, 102.

OFFICES--Rotation in, 190.

OPTICS--Views on, suggested, 258.

ORATORY--Defects of modern, 347.

PAINE, THOMAS--His writings, 197.

PARTIES--History of, in U. S., 277, 290.
Original views of federal and republican, 290.
Republican party becomes federalized, 325, 342.
Necessity of, 376.
A strong monarchical party at the beginning of our government,
390.

POSTS, NORTH-WESTERN--England refuses to surrender, 518.

QUAKERS--Character of, 66.

RANDOLPH, PEYTON--Character of, 20.

RELIGION--Jefferson's views on, 28, 61, 127, 164, 170, 185, 210,
245, 252, 257, 266, 269, 281.
System of Jesus compared with ancient philosophers, 138, 156,
164, 185.
Jesus as a reformer, 164.
Modern fanaticism, 170.
Religious intolerance, 396.

REPRESENTATION--Bill apportioning, 594.

REVOLUTION, THE--Who begun it, 99, 103, 121.
Circumstances attending Declaration of Independence, 122.

REVOLUTIONARY DEBT--Those due soldiers of North Carolina and
Virginia should be paid to themselves and not their assignees,
469.

ROMAN PEOPLE AND CONSTITUTION--148, 150.

SCIENCES--Distribution of, 339.
Progress of France in, 327.

SLAVES--Not entitled to be represented, 36.
Emancipation of, 58, 310.
Amelioration of condition of, 403, 437.
Re-capture of slaves escaped to Florida, 601.

SOCIETY--Its progress, 377.

SOUTH AMERICAN PROVINCES--Incapable of self-government, 67, 75,
104, 210.

SPAIN--Treaty with, rejected, 160.

TAYLOR, JOHN--Jefferson's opinion of his "constitution
construed," 213, 216.

TRACY, DESTUTT--His works, 38, 55.

UNIVERSITY OF VIRGINIA--Organization of, 81, 161, 173, 196,
329, 392, 441.
Religious objections to appointment of Dr. Cooper in, 156,
162, 171.
Difficulties surrounding, 201, 204, 237, 392.
Necessity for a southern University, 205.
Arrangement for religious worship, 267.
Students allowed to select tickets, 300.
Difficulties of discipline, 301.
Progress of, 309.
Selection of professors for, 348.
Inculcation of federal doctrines in, should be guarded
against, 397.
Necessity for an Anatomical Hall, 393, 398.
Appointment of foreign professors, 415.
Library of, 432.
Establishment of school of Botany, 438, 441.

UNITED STATES--True policy of, 6.
Animosity to England growing out of last war, 22.
Relations of, with European powers, 288.
Relations of, with England, 22.
Danger of dissolution of Union, 182.
Should disconnect their policy from that of Europe, 183, 315.
Dangers which threaten them, 211, 214.

VANDER KEMP--History of, 29.

VIRGINIA--Programme of new constitution for, 9.
Arnold's invasion of, 144, 444.
Historical documents of, 312.
Her first constitution, 344.
Defects in, 315.
Authorship of bill of rights, constitution of, 405, 407.

WAR--Benefits of the last war, 66.

WARDS--Counties should be divided into, 35.

WASHINGTON, GEN.--Authorship of Farewell Address, 291.
No unkind feeling between him and Jefferson on account of
Mazzei letter, 364.
Forms and ceremonies adopted during his administration, 367.
He was a true republican, 371.

WASHINGTON CITY--Locating of, 512, 561.

WATER--Report on methods of obtaining fresh water from salt, 455.

WEIGHTS AND MEASURES--A standard of, 87.
Report on, 472.

WHISKEY--Evils of its cheapness, 285.

WILLIAM AND MARY COLLEGE--Its foundation, 328.
Proposition to consolidate it with University, 350, 384.
Its charter is under the power of the legislature, 350, 384.

WINES--Use of beneficial, 110.