The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
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_Sketch of a Provisional Treaty of Commerce._
As soon as preliminaries of peace are signed with any independent
States, such as Spain, France, and Holland, the course of mutual
commerce emerges upon the same terms and conditions as were existing
antecedent to the war, the new duties imposed during the war excepted.
The case between Great Britain and America is different, because
America, from a dependent nation before the war, emerges an
independent nation after the war. The basis, therefore, of a
provisional treaty between Great Britain and the United States would
be simply to arrange such points as would emerge after the war,
impracticable and discordant to the newly established independence of
the American States, and to leave all others, as much as possible,
untouched. For instance, that all instrumental regulations, such as
papers, bonds, certificates, oaths, and all other documents should be,
between Great Britain and the United States, upon the same footing,
and no other than as between Great Britain and any other independent
nation, but that all duties, drawbacks, bounties, rights, privileges,
and all pecuniary considerations, should emerge into action and effect
as before. I say emerge as before, not stipulated for any fixed term,
because I am speaking of a provisional _treaty_, not of a provisional
_bill_ of commerce, for a specified period. By this means, all
difficulties, which otherwise would be accumulated, and obstruct a
temporary and provisional act are avoided _in limine_. The ports will
be immediately opened, upon specified and known conditions. If the
legislature of either country thinks proper to introduce on its own
part any new conditions or regulations, even previous to the intended
treaty of commerce, that will not shut the ports again generally but
only operate _pro tanto_ according to the case; on which side soever
any novel condition should arise, the other will likewise be at
liberty to make any corresponding regulations as between independent
nations. The great object is to open the ports between Great Britain
and the United States, immediately on the signature of preliminaries
of peace, as between France and Great Britain. By the proposition
above stated, Great Britain and France, and Great Britain and the
United States respectively, on the subject of intercourse of commerce,
would emerge again after the war into situations relatively similar to
their situation before the war.
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