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and merchandises on board the same ships and vessels, to the full benefit of this order; and the Right Honorable the Lords Commissioners of his Majesty's Treasury and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.

WM. FAWKENER.

Mr. Hartley's observations and propositions, left with

the American Ministers the 21st May, 1783.

A proposition having been offered by the American ministers, for the consideration of his Britannic Majesty's ministers, and of the British nation, for an entire and reciprocal freedom of intercourse and commerce between Great Britain and the American United States, in the following words, viz.

« That all rivers, harbors, lakes, ports and places belonging to the United States, or any of them, shall be open and free to the merchants and other subjects of the crown of Great Britain and their trading vessels, who shall be received, treated and protected, like the merchants and trading vessels of the state in which they may be, and be liable to no other charges or duties :

“ And reciprocally that all rivers, harbors, lakes, ports, and places under the dominion of his Britannic Majesty, shall be open and free to the merchant and trading vessels of the said United States, and of each and every of them, who shall be received, treated and protected, like the merchants and trading vessels of Great Britain, and be liable to no other charges and duties, saving always to the chartered companies of Great Britain, and such exclusive use and trade of their respective ports and establishments, ás neither the other subjects of Great Britain, or any of the most favored nation participate in : ”

It is to be observed that this proposition implies a more ample participation of British commerce than the American States possessed even under their former connexion of dependence upon Great Britain, so as to amount to an entire abolition of the British Act of Navigation with respect to the thirteen United States of America ; and although proceeding on their part from the most conciliatory and liberal principles of amity and reciprocity, nevertheless it comes from them as newly established states, and who, in consequence of their former condition of dependence, have never yet had any established system of national commercial laws, or of commercial connexions by treaties with other nations, free and unembarrassed of many weighty considerations, which require the most scrupulous attention and investigation on the part of Great Britain, whose ancient system of national and commercial policy is thus suddenly called upon to take a new principle for its foundation, and whose commercial engagements with other ancient States may be most materially affected thereby. For the purpose therefore of giving sufficient time for the consideration and discussion of so important a proposition, respecting the present established system of the commercial policy and laws of Great Britain, and their subsisting commercial engagements with sovereign powers, it is proposed that a temporary intercourse of commerce shall be established between Great Britain and the American States, previously to the conclusion of any final and perpetual compact. In this intervening period, as the strict line and measure of reciprocity from various circumstances cannot be absolutely and completely adhered to, it may be agreed that the commerce between the two countries shall revive, as nearly as can be upon the same footing and terms as formerly subsisted between them ; provided always,

; that no concession on either side, in the proposed temporary convention, shall be argued hereafter in support of any future demand or claim. In the mean time the proposition above stated may be transmitted to London, requesting (with his imajesty's consent) that it may be laid before parliament for their consideration. . It is proposed therefore, that the unmanufactured produce of the United States should be admitted into Great Britain without any other duties (those imposed during the war excepted) than those to which they were formerly liable. And it is expected in return that the produce and manufactures of Great Britain should be admitted into the United States in like manner.

If there should appear any want of reciprocity in this proposal, upon the grounds of asking admission for British manufactures into America, while no such indulgence is given to American manufactures in Great Britain ; the answer is obvious, that the admission of British manufactures into America is an object of great importance, and equally productive of advantage to both countries; while, on the other hand, the introduction of American manufactures into Great Britain can be of no service to either, and may be produc, tive of innumerable frauds, by enabling persons so disposed, to pass foreign European goods, either prohibited or liable to great duties by the British laws, for American manufactures,

With regard to the West Indies, there is no objection to the most free intercourse between them and the United States. The only restriction proposed to be laid upon that intercourse, is prohibiting American ships carrying to those colonies any other merchandize than the produce of their own country. The same observation may be made upon this restriction as upon the former. It is not mcant to affect the

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interest of the United States ; but it is highly necessary, lest foreign ships should make use of the American flag to carry on a trade with the British West Indian Islands,

It is also proposed upon the same principle to restrain the ships that may trade to Great Britain from America, from bringing foreign merchandise into Great Britain : the necessity of this restriction is likewise evident, unless Great Britain meant to give up her whole navigation act. There is no necessity of any similar restrictions on the part of the American States, those states not having as yet any Acts of Navib gation.

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Proposed Agreement. Whereas it is highly necessary that an intercourse of trade and commerce should be opened between the people and territories belonging to the crown of Great Britain and the people and territories of the United States of America : And whereas it is highly expedient that the intercourse between Great Britain and the said United States should be established on the most enlarged principles of reciprocal benefit to both countries; but, from the distance between Great Britain and America, it must be a considerable time before any convention or treaty for establishing and regulating the trade and intercourse between Great Britain and the said United States of America, upon a permanent foundation, can be concluded : Now, for the purpose of inaking a temporary regulation of the commerce and intercourse between Great Britain and the said United States of America, it is agreed that all citizens of the United States of America shall be permitted to import into, and export from any part of his Britannic Majesty's dominions, in American ships, any goods, wares, and merchandise, which have been so imported or exby the inhabitants of the British American colonies, before

the commencement of the war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now or may be subject and liable to, if imported by British subjects, in British ships, from any British island or plantation in America; and that all the subjects of his Britannic Majesty shall be permitted to import from any part of the territories of the thirteen United States of America, in British ships, any goods, wares and merchandise which might have been so imported or exported by the subjects of his Britannic Majesty, before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods, wares, and merchandises are now, or may be subject and liable to, if imported in American ships by any of the citizens of the United States of America.

This agreement to continue in force until

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Provided always, that nothing contained in this agreement shall at any time hereafter be argued on either side in support of any future demand or claim.

MR. TEMPLE FRANKLIN TO D. HARTLEY, ESQ.

SIR,

Paris, May 21, 1783.

The American ministers direct me to present you their compliments, and to desire to be informed, whether the proposition you made them this evening is such as you can agree to and subscribe, without further instructions or information from your court? I have the honor to be, &c. W. T. FRANKLIN.

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* This was verbally answered in the negative. See Letter of the American Commissioners to the President of Congress of Sept. 10, 1783, p. 398.

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