hibited. Provided only, that it shall not be lawful for them, in any time of war between the British government and any other power or state whatever, to export from the said territories, without the special permission of the British government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels when admitted into the said ports no other or higher tonnage duty, than shall be payable on British vessels, when admitted into the ports of the United States. And they shall pay no other or higher duties or charges, on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British territories, to any port or place, except to some port or place in America, where the same shall be unladen; and such regulations shall be adopted by both parties, as shall from time to time be found necessary to enforce the due and faithful observance of this stipulation. It is also understood, that the permission, granted by this article, is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but vessels going with their original cargoes, or part thereof, from any port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the States to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there, and if any transgression should be attempted against the regulations of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America, in the same manner as against the British subjects, or others, transgressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbour in the said territories, or if they should be permitted, in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government, and jurisdiction of what nature established in such harbour, port, or place, according as the same may be. The citizens of the United States may also touch for refreshment at the island of St. Helena, but subject in all respects to such regulations as the British government may from time to time establish there."

This article expressly provides that the goods exported should not be carried to any port or place, " except to some port or place in America." It is, however, less explicit as to the outward cargo ; and under this article, American vessels with their cargoes went directly to the East-Indies, from Europe and other places. The commercial part of this treaty, as before stated, expired in 1803. Subsequent to its expiration, and until lately, our trade with the British East-Indies was suffered to continue on the same footing, as under the treaty. In the treaty, however, agreed to by Messrs. Monroe and Pinkney, December 31st, 1806, our commissioners found it impossible to obtain stipulations relative to this trade, equally favourable to the United States as those in the former treaty. By the third article of this treaty, our trade was limited to vessels "sailing direct from the United States ;" in other respects, the article was the same as the thirteenth article of Mr. Jay's treaty. The British commissioners urged, that this limitation was really no more than was intended by the treaty of 1794; and as it was insisted upon, by the East-India company, our commissioners were obliged to acquiesce in it.

Although this treaty was rejected by the President, without even submitting it to the Senate, for their advice, yet our East-India trade was suffered to continue as before, until April 30th, 1811, when, in pursuance of powers vested in them, by an act of parliament passed the 37th year of George III. chap. 107, the East-India Company established the following regulations "for the conduct of the trade of foreign nations, to the ports and settlements of the British nation in the East-Indies, and also for defining the duties to which such trade. shall be subject," &c.

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I. Foreign European ships, belonging to any nation having a settlement of its own in the East-Indies, and being in amity with his Majesty, may freely enter the British sea-ports and harbours in that country, whether they come directly from their own country, or from any of the ports and places in the East-Indies; they shall be hospitably received; and shall have liberty of trade there in imports and exports conformably to the regulations established in such places. The ships may also be cleared out for any port or place in the East-Indies; but if cleared out for Europe, shall be cleared out direct for the country, to which the ships respectively belong.

"II. First. Foreign European ships, belonging to countries having no establishment in the East-Indies, and ships belonging to the United States of America, may (when those countries and states respectively are in amity with his Majesty) in like manner freely enter the British sea-ports and harbours in the East-Indies; they shall be hospitably received there; and have free liberty to trade in imports and exports conformably to the regulations of the place; provided always, that they proceed from their own ports direct to the said British territories, without touching at any port or place whatever in the voyage out; except from necessity, and merely to procure refreshments, or repairs in case of distress or accident in the course of such voyage, the burthen of which necessity to rest on the parties.

"Second. The vessels of the said European powers last aforesaid, and of the United States, shall not carry any of the said articles exported by them from said British territories, to any port or place, except to some port or place in their own countries respectively, where the same shall be unladen. The said ships shall not be cleared out to carry on the coasting or country trade in India; but vessels going with their original cargoes, or part thereof, from one British port of discharge to another British port, are not to be considered as carrying on the coasting trade.

"Third. The said vessels shall not be allowed to proceed, either with or without return cargo, from the said British territories to the settlements or territories of any European nation in India, or to the territory of any Indian or Chinese potentate or power, except from the like necessity as is before described, of which the proof shall rest with them. Nor shall the said vessels be allowed to enter the river in that part of the British territory situated in Bengal, for any other purpose, than that of proceeding to the port of Calcutta, for trade, refreshment, or repairs.

"Fourth. In clearing out for their respective countries, the clearance shall be a direct one to the country, European or American, to which the vessel belongs, and to no other whatever; they are to give bond, with the security of a resident in the country, that they will deliver the cargo at the port for which the clearance is made, and such bond is to be cancelled, when a certificate from a British

consul, or two known British merchants resident at such port is produced of the bona fide delivery of the cargo there."

The regulations with respect to duties were—

"First. Goods imported or exported in foreign bottoms shall be subject to double the amount of the duties payable on goods imported or exported in British bottoms.

"Second. On that principle, goods liable to duty, on importation by sea, will be chargeable with duty on their importation in British or foreign bottoms respectively, agreeable to the schedule annexed to this regulation No. I.

"Third. Pursuant to the same principle of subjecting the trade of foreigners to double duties, they will be precluded from the benefit of drawback receivable by British subjects, in cases, in which such drawback may be equal to a moiety of the duty paid on importation; and in cases in which the drawback receivable by British subjects may exceed a moiety of the import duty, the drawback receivable by foreigners will be adjusted on a consideration of the ultimate duty payable by British subjects agreeably to the schedule No. II.

"Fourth. In cases in which the drawback receivable by British subjects amounts to less than a moiety of the import duty, the foreign exporter will be subject to the payment of an additional export duty, agreeably to the detailed schedule No. III.

"Goods imported for re-exportation shall on re-exportation be allowed a drawback of two thirds of the amount of the duty paid on their importation, if exported in British bottoms, and of one third of the duty paid on their importation, if exported in foreign bottoms.

"In cases in which goods shall have paid double duty on importation, that is, the enhanced duty ordered to be levied from foreigners, a drawback shall be allowed to the exporter of two thirds of such duty whether the goods be exported in foreign or British bottoms; with the exceptions, however, of those goods on the exportation of which, a specific rate of drawback is established by the Table annexed to this regulation."

By these regulations, American vessels must proceed from their own ports direct, to the British East-Indies, without touching at any other port in the outward voyage, except from necessity, &c. When there, they cannot carry on the coasting trade, nor can they, either

with or without a cargo, proceed to the settlements of any other European nation in India, or to any part of India or to China, nor can they go to any place on the River Ganges, except Calcutta. They must return direct to some port in the United States, and they are to give bond, to deliver their cargo at the port for which their clearance is made, and they are likewise subjected to double the duties paid by British bottoms. In consequence of these regulations, the owners of some American vessels, employed in the East-India trade, were placed in a most unfortunate situation. They had given bond in India, to land their cargo in some port in the United States; on their arrival here, the non-intercourse law prohibited the landing of the cargo, because it came from a British port; if landed in the United States, the vessel and cargo were forfeited under the laws of their own country, if carried to any other place, the bond given in India was forfeited. Thus situated, the owners were obliged to apply to Congress for relief; who granted them permission to land their goods, and finally to dispose of them, for their own use.

The exports from the United States to the British East-Indies, have been inconsiderable, except in money. The value of the imports for each year, from 1795 to 1801, will be seen in Table No. I. before mentioned. In the last of these years, the imports amounted to $5,134,456. The articles usually imported are cotton goods of various kinds, indigo, sugar, spices, &c. In 1807, the value of goods paying duties ad valorem, consisting principally of cottons, amounted to $4,073,910.

The charter of the East-India company has lately been renewed and extended to the 10th of April, 1834. The trade, however, to India has been laid open to British subjects generally, under certain regulations, from the 10th day of April, 1814. These regulations, or the most important of them, are stated by professor Hamilton, in his enquiry concerning the national debt of Great-Britain, to be as follows: "That no vessel shall proceed on private trade to India, without a license from the directors, which shall be granted, on application, of course, to the principal settlements of Fort William, Fort George, Bombay, or Prince of Wales Island; but no vessel may fit out to other places, unless specially authorized; and in case the directors refuse to grant such special license, the board of control shall