David Hartley to the American Peace Commissioners: Observations and Propositions (unpublished)
[May 21 1783.]

Mr. Hartley’s Observation and Propositions, left with the American Ministers the 21 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, Harbours, Lakes, Ports and Places belonging to the United States, or any of them, shall be open and free to the Merchantsand 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, Harbours, Lakes Ports and Places under the Dominion of his Britannic Majesty, shall be open and free to the marchant and trading Vessels of the said United States, and of each and every of them, who shall be received, treated and protected, like the merchantsand trading Vessels of Great Britain and be liable to no other Charges and Duties, saving always to the chartered frading Companies of Great Britain such exclusive use and Trade of their respective Ports and establishments, as neither the other Subjects of Great Britain, or any of the most favored Nation particupate in.” It is to be observed that this Proposition implies a more ample Participation of British Commerce than the American States possessed even dunder their former Connexion of Dependence upon Great Britain, so as to amount to an entire abolition of the British Act of Navigation, in respect to the thirteen United States of America; and altho’ 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 enembarassed of many weighty Considerations, which require the most scrupulous Attention, and Investigation on the Part of Great Britain whose antient 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, amy 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 presant established System of the Commercial Policy and Laws of Great Britain, and their subsisting commercial Engagements with foreign 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 compleatly ahered to, it may be agreed that the Commerce between the two Countried 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 majesty’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 thereshould 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 productive of innumerable Frauds, by enabling Person 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 meant to affect the Interest of the United States, but it is highly necessary, least 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 Merchandize into Great Britain. The Necessity of this Restriction is likewise evident, unless Great Britain meant to give up yer 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 Navigation.

Mr. Hartley’s, Observation, and Propositions 21. May 1783.
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