The Crown of Great Britain is enabled by the Conciliatory Act of 1782 to repeal, annul, make void, or suspend, for any time or times, the operation and effect of any act of Parliament, or any clause, provision, matter, or thing therein contained, relating to the colonies or plantations now become the United States of America; and, therefore, the crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of commerce with America. The first foundation must be laid in the total repeal of the Prohibitory Act of December, 1775, not only as prohibiting commerce between Great Britain and the United States, but as the corner stone of the war; by giving up universally all American property at sea to military plunder, without any redress to be obtained by law in any British Court of Admiralty. After this, all obstructions from the act of navigation and other acts regulating the commerce of the States of America (formerly dependent upon Great Britain,) may be removed. Instructions may be sent to the Commissioners of the customs to dispense with bonds, certificates, &c. which by the old laws are required to be discharged or attested by supposed governors, naval or customhouse officers in America. The questions of drawbacks, bounties, &c. after opening the ports, may remain free points of discussion and regulation, as between States having no commercial treaty subsisting between them. As the Crown is competent to open an intercourse of commerce with America by treaty, this mode is preferable to any act of Parliament, which may be only a jealous and suspicious convention _ex parte_. This mode by treaty avoids the accumulated difficulties, which might otherwise obstruct the first opening of the ports by act of Parliament, and above all, it secures an alternate binding part of the bargain, which no act of Parliament can do. Breviate of the treaty, viz. Provisional for intercourse and commerce between Great Britain and the United States of America. 1. That all ports shall be mutually open for intercourse and commerce. 2. And therefore the King of Great Britain agrees to the repeal of the prohibitory acts, viz. 16 Geo. 3, chap. 5, &c. The King of Great Britain likewise agrees by instructions, according to the laws of Great Britain, to his Commissioners of customs and other officers, to remove all obstructions to American ships either entering inwards or clearing outwards, which may arise from any acts of Parliament heretofore regulating the commerce of the American States, under the description of British colonies or plantations, so as to accommodate every circumstance to the reception of their ships, as the ships of independent States.