Imports from the continent also supported the carrying trade of Great Britain, but not to an extent proportionate to those from the islands; for many of the continental colonies were themselves large carriers. The imports to them, being manufactured articles, less bulky than the exports of the islands, also required less tonnage. The most marked single difference between the West India communities and those of the continent was that the latter, being distributed on a nearly north and south line, with consequent great divergences of climate and products, were essentially not homogeneous. What one had, another had not. Such differences involve of course divergence of interests, with consequent contentions and jealousies, the influence of which was felt most painfully prior to the better Union of 1789, and never can wholly cease to act; but, on the other hand, it tends also to promote exchange of offices, where need and facility of transport combine to make such exchange beneficial to both. That the intercourse between the continental colonies required a tonnage equal to that employed between them and the West Indies,—testified by the return of 1770 before quoted,[43]—shows the existence of conditions destined inevitably to draw them together. The recognition of such mutual dependence, when once attained, furthers the practice of mutual concession for the purpose of combined action. Consequently, in the protracted struggle between the centripetal and centrifugal forces in North America, the former prevailed, though not till after long and painful wavering.

While thus differing greatly among themselves in the nature of their productions, and in their consequent wants, the continental colonists as a whole had one common characteristic. Recent occupants of a new, unimproved, and generally fertile country, they turned necessarily to the cultivation of the soil as the most remunerative form of activity, while for manufactured articles they depended mainly upon external supplies, the furnishing of which Great Britain reserved to herself. For these reasons they afforded the great market which they were to her, and which by dint of habit and of interest they long continued to be. But, while thus generally agricultural by force of circumstances, the particular outward destinations of their surplus products varied. Those of the southern colonies, from Maryland to Georgia, were classed as "enumerated," and, with the exception of the rice of South Carolina and Georgia, partially indulged as before mentioned, must be directed upon Great Britain. Tobacco, cotton, indigo, pitch, tar, turpentine, and spars of all kinds for ships, were specifically named, and constituted much the larger part of the exports of those colonies. These were carried also chiefly by British vessels, and not by colonial. The case was otherwise in the middle colonies, Pennsylvania, New York, New Jersey, and in Connecticut and Rhode Island of the eastern group. They were exporters of provisions,—of grain, flour, and meat, the latter both as live stock and salted; of horses also. As the policy of the day protected the British farmer, these articles were not required to be sent to Great Britain; on the contrary, grain was not allowed admission except in times of scarcity, determined by the price of wheat in the London market. The West Indies, therefore, were the market of the middle colonies; the shortness of the voyage, and the comparatively good weather, after a little southing had been gained, giving a decisive advantage over European dealers in the transportation of live animals. Flour also, because it kept badly in the tropics, required constant carriage of new supplies from sources near at hand. Along with provisions the continental vessels took materials for building and cooperage, both essential to the industry of the islands,—to the housing of the inhabitants, and to the transport of their sugar, rum, and molasses. In short, so great was the dependence of the islands upon this trade, that a well-informed planter of the time quotes with approval the remark of "a very competent judge," that, "if the continent had been wholly in foreign hands, and England wholly precluded from intercourse with it, it is very doubtful whether we should now have possessed a single acre in the West Indies."[44]

Now this traffic, while open to all British shipping, was very largely in the hands of the colonists, who built ships decidedly cheaper than could be done in England, and could distribute their tonnage in vessels too small to brave the Atlantic safely, but, from their numbers and size, fitted to scatter to the numerous small ports of distribution, which the badness of internal communications rendered advantageous for purposes of supply. A committee of the Privy Council of Great Britain, constituted soon after the independence of the United States to investigate the conditions of West India trade, reported that immediately before the revolt the carriage between the islands and the continent had occupied 1610 voyages, in vessels aggregating 115,634 tons, navigated by 9718 men. These transported what was then considered "the vast" American cargo, of L500,000 outward and L400,000 inward. But the ominous feature from the point of view of the Navigation Act was that this was carried almost wholly in American bottoms.[45] In short, not to speak of an extensive practice of smuggling, facilitated by a coast line too long and indented to be effectually watched,—mention of which abounds in contemporary annals,[46]—a very valuable part of the British carrying trade was in the hands of the middle colonists, whose activity, however, did not stop even there; for, not only did they deal with foreign West Indies,[47] but the cheapness of their vessels, owing to the abundance of the materials, permitted them to be used also to advantage in a direct trade with southern Europe, their native products being for the most part "not enumerated." As early as 1731, Pennsylvania employed eight thousand tons of shipping, while the New England colonies at the same time owned forty thousand tons, distributed in six hundred vessels, manned by six thousand seamen.

The New Englanders, like their countrymen farther south, were mostly farmers; but the more rugged soil and severer climate gave them little or no surplus for export. For gain by traffic, for material for exchange, they therefore turned to the sea, and became the great carriers of America, as well as its great fishers. An English authority, writing of the years immediately preceding the War of Independence, states that most of the seamen sailing out of the southern ports were British; from the middle colonies, half British and half American; but in the New England shipping he admits three-fourths were natives.[48] This tendency of British seamen to take employment in colonial ships is worthy of note, as foreshadowing the impressment difficulties of a later day. These, like most of the disagreements which led to the War of 1812, had their origin in ante-revolutionary conditions. For example, Commodore Palliser, an officer of mark, commanding the Newfoundland station in 1767, reported to the Admiralty the "cruel custom," long practised by commanders of fishing ships, of leaving many men on the desert coast of Newfoundland, when the season was over, whereby "these men were obliged to sell themselves to the colonists, or piratically run off with vessels, which they carry to the continent of America. By these practices the Newfoundland fishery, supposed to be one of the most valuable nurseries for seamen,[49] has long been an annual drain."[50] In the two years, 1764-65, he estimates that 2,500 seamen thus went to the colonies; in the next two years, 400. The difference was probably due to the former period being immediately after a war, the effects of which it reflected.

The general conditions of 1731 remained thirty years later, simply having become magnified as the colonies grew in wealth and population. In 1770 twenty-two thousand tons of shipping were annually built by the continental colonists. They even built ships for Great Britain; and this indulgence, for so it was considered, was viewed jealously by a class of well-informed men, intelligent, but fully imbued with the ideas of the Navigation Act, convinced that the carrying trade was the corner-stone of the British Navy, and realizing that where ships were cheaply built they could be cheaply sailed, even if they paid higher wages. It is true, and should be sedulously remembered, especially now in the United States, that the strength of a merchant shipping lies in its men even more than in its ships; and therefore that the policy of a country which wishes a merchant marine should be to allow its ships to be purchased where they most cheaply can, in order that the owner may be able to spend more on his crew, and the nation consequently to keep more seamen under its flag. But in 1770 the relative conditions placed Great Britain under serious disadvantages towards America in the matter of ship-building; for the heavy drafts upon her native oak had caused the price to rise materially, and even the forests of continental Europe felt the strain, while the colonies had scarcely begun to touch their resources. In 1775, more than one-third of the foreign trade of Great Britain was carried in American-built ships; the respective tonnage being, British-built, 605,545; American, 373,618.[51]

British merchants and ship-owners knew also that the colonial carriers were not ardent adherents of the Navigation Act, but conducted their operations in conformity with it only when compelled.[52] They traded with the foreigner as readily as with the British subject; and, what was quite unpardonable in the ideas of that time, after selling a cargo in a West Indian port, instead of reloading there, they would take the hard cash of the island to a French neighbor, buying of him molasses to be made into rum at home. In this commercial shrewdness the danger was not so much in the local loss, or in the single transaction, for in the commercial supremacy of England the money was pretty sure to find its way back to the old country. The sting was that the sharp commercial instinct, roving from port to port, with a keen scent for freight and for bargains, maintained a close rivalry for the carrying trade, which was doubly severe from the natural advantages of the shipping and the natural aptitudes of the ship-owners. Already the economical attention of the New Englanders to the details of their shipping business had been noted, and had earned for them the name of the Dutchmen of North America; an epithet than which there was then none more ominous to British ears, and especially where with the carrying trade was associated the twin idea of a nursery of seamen for the British Navy.

A fair appreciation of the facts and relations, summarized in the preceding pages from an infinitude of details, is necessary to a correct view of the origin and course of the misunderstandings and disagreements which finally led to the War of 1812. In 1783, the restoration of peace and the acknowledgment of the independence of the former colonies removed from commerce the restrictions incident to hostilities, and replaced in full action, essentially unchanged, the natural conditions which had guided the course of trade in colonial days. The old country, retaining all the prepossessions associated with the now venerable and venerated Navigation Act, saw herself confronted with the revival of a commercial system, a commercial independence, of which she had before been jealous, and which could no longer be controlled by political dependence. It was to be feared that supplying the British West Indies would increase American shipping, and that British seamen would more and more escape into it, with consequent loss to British navigation, both in tonnage and men, and discouragement to British maritime industries. Hence, by the ideas of the time, was to be apprehended weakness for war, unless some effective check could be devised.

What would have been the issue of these anxieties, and of the measures to which they gave rise, had not the French Revolution intervened to aggravate the distresses of Great Britain, and to constrain her to violent methods, is bootless to discuss. It remains true that, both before and during the conflict with the French Republic and Empire, the general character of her actions, to which the United States took exception, was determined by the conditions and ideas that have been stated, and can be understood only through reference to them. No sooner had peace been signed, in 1783, than disagreements sprang up again from the old roots of colonial systems and ideals. To these essentially was due the detailed sequence of events which, influenced by such traditions of opinion and policy as have been indicated, brought on the War of 1812, which has not inaptly been styled the second War of Independence. Madison, who was contemporary with the entire controversy, and officially connected with it from 1801 to the end of the war, first as Secretary of State, and later as President, justly summed up his experience of the whole in these words: "To have shrunk from resistance, under such circumstances, would have acknowledged that, on the element which forms three-fourths of the globe which we inhabit, and where all independent nations have equal and common rights, the American People were not an independent people, but colonists and vassals. With such an alternative war was chosen."[53] The second war was closely related to the first in fact, though separated by a generation in time.

FOOTNOTES:

[1] Order in Council was a general term applied to all orders touching affairs, internal as well as external, issued by the King in Council. The particular orders here in question, by their extraordinary character and wide application, came to have a kind of sole title to the expression in the diplomatic correspondence between the two countries.

[2] Instructions of Madison, Secretary of State, to Monroe, Minister to Great Britain, January 5, 1804. Article I. American State Papers, vol. iii. p. 82.

[3] Diary and Letters of Gouverneur Morris, vol. ii. pp. 508, 546.

[4] Annals of Congress. Thirteenth Congress, vol. ii. pp. 1563; 1555-1558.

[5] Niles' Register, vol. iv. p. 234. Author's italics.

[6] Diary and Letters, vol. ii. p. 553.

[7] Ibid., p. 560. Those unfamiliar with the subject should be cautioned that the expression "right of search" is confined here, not quite accurately, to searching for British subjects liable to impressment. This right the United States denied. The "right of search" to determine the nationality of the vessel, and the character of the voyage, was admitted to belligerents then, as it is now, by all neutrals.

[8] King John, Act II. Scene 1.

[9] King Richard II., Act II. Scene 1.

[10] Inquiry into the Nature and Causes of the Wealth of Nations. Edited by J.E. Thorold Rogers. Oxford, 1880, pp. 35-38. In a subsequent passage (p. 178), Smith seems disposed somewhat to qualify the positive assertion here quoted, on the ground that the Navigation Act had not had time to exert much effect, at the period when some of the most decisive successes over the Dutch were won. It is to be observed, however, that a vigorous military government, such as Cromwell's was, can assert itself in the fleet as well as in the army, creating an effective organization out of scanty materials, especially when at war with a commercial state of weak military constitution, like Holland. It was the story of Rome and Carthage repeated. Louis XIV. for a while accomplished the same. But under the laxity of a liberal popular government, which England increasingly enjoyed after the Restoration, naval power could be based securely only upon a strong, available, and permanent maritime element in the civil body politic; that is, on a mercantile marine.

As regards the working of the Navigation Act to this end, whatever may be argued as to the economical expediency of protecting a particular industry, there is no possible doubt that such an industry can be built up, to huge proportions, by sagacious protection consistently enforced. The whole history of protection demonstrates this, and the Navigation Act did in its day. It created the British carrying trade, and in it provided for the Royal Navy an abundant and accessible reserve of raw material, capable of being rapidly manufactured into naval seamen in an hour of emergency.

[11] Works of John Adams, vol. viii. pp. 389-390.

[12] This primary meaning of the word "staple" seems to have disappeared from common use, in which it is now applied to the commercial articles, the concentration of which at a particular port made that port a "staple."

[13] Bryan Edwards, West Indies, vol. ii. p. 448.

[14] Macpherson, Annals of Commerce, vol. ii. p. 443.

[15] Reeves, History of the Law of Navigation, Dublin, 1792, p. 37.

[16] Macpherson, vol. ii. p. 444.

[17] Reeves, writing in 1792, says that there seemed then no distinction of meaning between "plantation" and "colony." Plantation was the earlier term; "'colony' did not come much into use till the reign of Charles II., and it seems to have denoted the political relation." (p. 109.) By derivation both words express the idea of cultivating new ground, or establishing a new settlement; but "plantation" seems to associate itself more with the industrial beginnings, and "colony" with the formal regulative purpose of the parent state.

[18] The Navigation Acts of 1651, 1660, 1662, and 1663, as well as other subsequent measures of the same character, can be found, conveniently for American readers, in MacDonald's Select Charters Illustrative of American History. Macmillan, New York. 1899.

[19] Reeves, History of the Law of Navigation, p. 162.

[20] For instance, in 1769, eighteen hundred and forty vessels passed the Sound in the British trade. Of these only thirty-five were Russian. Considerably more than half of the trade of St. Petersburg with Europe at large was done in British ships. Macpherson, vol. iii. p. 493.

[21] Opinion of Chief Baron Parker, quoted by Reeves, pp. 187-189.

[22] Chalmers, Opinions on Interesting Subjects of Public Law and Commercial Policy Arising from American Independence, p. 32.

[23] Ibid., p. 55.

[24] A French naval historian supports them, speaking of the year 1781: "The considerable armaments made since 1778 had exhausted the resources of personnel. To remedy the difficulty the complements were filled up with coast-guard militia, with marine troops until then employed only to form the guards of the ships, and finally with what were called 'novices volontaires,' who were landsmen recruited by bounties. It may be imagined what crews were formed with such elements."—Troude, Batailles Navales, vol. ii. p. 202.

[25] Raynal, Histoire Philosophique des deux Indes, vol. vii. p. 287 (Edition 1820). Raynal's reputation is that of a plagiarist, but his best work is attributed to far greater names of his time. He died in 1796.

[26] Reeves, pp. 430-434.

[27] Macpherson, vol. iv. p. 10.

[28] Macpherson, Annals of Commerce, vol. i. p. 485-486.

[29] Bryan Edwards, West Indies, vol. ii. p. 450.

[30] Officially, Statute of 15 Charles II.

[31] Reeves, p. 50.

[32] Chalmers, Opinions on Interesting Subjects, p. 28.

[33] Bryan Edwards, West Indies, vol. ii. p. 443-444 (3d Edition).

[34] Works of John Adams, vol. viii. p. 228.

[35] Compare with Sheffield, Observations on the Commerce of the American States (Edition February, 1784), p. 137, note; from which, indeed, these figures seem to have been taken, or from some common source.

[36] Coxe's View of the United States of America, Philadelphia, 1794, p. 330.

[37] Works of John Adams, vol. viii. p. 341. Adams says again, himself: "It is more and more manifest every day that there is, and will continue, a general scramble for navigation. Carrying trade, ship-building, fisheries, are the cry of every nation."—Vol. viii. p. 342.

[38] From an official statement, made public in 1784, it appears that in the year 1770 the total trade, inward and outward, of the colonies on the American Continent, amounted to 750,546 tons. Of this 32 per cent was coastwise, to other members of the group; 30 with the West Indies; 27 with Great Britain and Ireland; and 11 with Southern Europe. Bermuda and the Bahamas, inconsiderable as to trade, were returned among continental colonies by the Custom House.—Sheffield, Commerce of the American States, Table VII.

[39] Chalmers, Opinions, p. 73.

[40] Ibid., p. 18.

[41] Macpherson, vol. iii. p. 317.

[42] Report of Committee of Privy Council, Jan. 28, 1791, pp. 21-23.

[43] Ante, p. 31 (note).

[44] Bryan Edwards, West Indies, vol. ii. p. 486.

[45] Chalmers, Opinions, p. 133.

[46] See, for instance, the Colden Papers, Proceedings N.Y. Historical Society, 1877. There is in these much curious economical information of other kinds.

[47] A comparison of the figures just quoted, as to the British West Indies, with Sheffield's Table VII., indicates that the trade of the Continent with the foreign islands about equalled that with the British. The trade with the French West Indies, "open or clandestine, was considerable, and wholly in American vessels."—Macpherson, vol. iii. p. 584.

[48] Sheffield, Commerce of the American States, p. 108.

[49] That is, for the navy.

[50] Macpherson, Annals of Commerce, vol. iii. p. 472.

[51] Macpherson, vol. iv. p. 11. The great West India cargo of 1772, an especial preserve of the Navigation Act, was carried to England in 679 ships, of which one-third were built in America.

[52] "The contraband trade carried on by plantation ships in defiance of the Act of Navigation was a subject of repeated complaint." "The laws of Navigation were nowhere disobeyed and contemned so openly as in New England. The people of Massachusetts Bay were from the first disposed to act as if independent of the mother country."—Reeves, pp. 54, 58. The particular quotations apply to the early days of the measure, 1662-3; but the complaint continued to the end. In 1764-5, "one of the great grievances in the American trade was, that great quantities of foreign molasses and syrups were clandestinely run on shore in the British Colonies."—p. 79.

[53] American State Papers, Foreign Relations, vol. i. p. 82.



CHAPTER II

FROM INDEPENDENCE TO JAY'S TREATY, 1794

The colonial connection between Great Britain and the thirteen communities which became the original States of the American Union was brought to a formal conclusion in 1776, by their Declaration of Independence. Substantially, however, it had already terminated in 1774. This year was marked by the passage of the Boston Port Bill, with its accessory measures, by the British Parliament, and likewise by the renewal, in the several colonies, of the retaliatory non-importation agreements of 1765. The fundamental theory of the eighteenth century concerning the relations between a mother country and her colonies, that of reciprocal exclusive benefit, had thus in practice yielded to one of mutual injury; to coercion and deprivation on the one side, and to passive resistance on the other. On September 5 the representatives of twelve colonies assembled in Philadelphia; Georgia alone sending no delegates, but pledging herself in anticipation to accept the decisions taken by the others. One of the first acts of this Congress of the Continental Colonies was to indorse the resolutions by which Massachusetts had placed herself in an attitude of contingent rebellion against the Crown, and to pledge their support to her in case of a resort to arms. These several steps were decisive and irrevocable, except by an unqualified abandonment, by one party or the other, of the principles which underlay and dictated them. The die was cast. To use words attributed to George the Third, "the colonies must now either submit or triumph."

The period which here began, viewed in the aggregate of the national life of the United States, was one of wavering transition and uncertain issue in matters political and commercial. Its ending, in these two particulars, is marked by two conspicuous events: the adoption of the Constitution and the Commercial Treaty with Great Britain. The formation of the Federal Government, 1788-90, gave to the Union a political stability it had hitherto lacked, removing elements of weakness and dissensions, and of consequent impotence in foreign relations; the manifestation of which since the acknowledgment of independence had justified alike the hopes of enemies and the forebodings of friends. Settled conditions being thus established at home, with institutions competent to regulate a national commerce, internal and external, as well as to bring the people as a whole into fixed relations with foreign communities, there was laid the foundations of a swelling prosperity to which the several parts of the country jointly contributed. The effects of these changes were soon shown in a growing readiness on the part of other nations to enter into formal compacts with us. Of this, the treaty negotiated by John Jay with Great Britain, in 1794, is the most noteworthy instance; partly because it terminated one long series of bickerings with our most dangerous neighbor, chiefly because the commercial power of the state with which it was contracted had reached a greater eminence, and exercised wider international effect, than any the modern world had then seen.

Whatever the merits of the treaty otherwise, therefore, the willingness of Great Britain to enter into it at all gave it an epochal significance. Since independence, commercial intercourse between the two peoples had rested on the strong compelling force of natural conditions and reciprocal convenience, the true foundation, doubtless, of all useful relations; but its regulation had been by municipal ordinance of either state, changeable at will, not by mutual agreement binding on both for a prescribed period. Since the separation, this condition had seemed preferable to Great Britain, which, as late as 1790, had evaded overtures towards a commercial arrangement.[54] Her consenting now to modify her position was an implicit admission that in trade, as in political existence, the former mother country recognized at last the independence of her offspring. The latter, however, was again to learn that independence, to be actual, must rest on something stronger than words, and surer than the acquiescence of others. This was to be the lesson of the years between 1794 and 1815, administered to us not only by the preponderant navy of Great Britain, but by the petty piratical fleets of the Barbary powers.

From the Boston Port Bill to Jay's Treaty was therefore a period of transition from entire colonial dependence, under complete regulation of all commercial intercourse by the mother country, to that of national commercial power, self-regulative and efficient, through the adoption of the Constitution. Upon this followed international influence, the growing importance of which Great Britain finally recognized by formal concessions, hitherto refused or evaded. During these years the policy of her government was undergoing a process of adjustment, conditioned on the one hand by the still vigorous traditional prejudices associated with the administration of dependencies, and on the other by the radical change in political relations between her remaining colonies in America and the new states which had broken from the colonial bond. This change was the more embarrassing, because the natural connection of specific mutual usefulness remained, although the tie of a common allegiance had been loosed. The old order was yielding to the new, but the process was signalized by the usual slowness of men to accept events in their full significance. Hitherto, all the western hemisphere had been under a colonial system of complete monopoly by mother countries, and had been generally excluded from direct communication with Europe, except the respective parent states. In the comprehensive provisions of the British Navigation Act, America was associated with Asia and Africa. Now had arisen there an independent state, in political standing identical with those of Europe, yet having towards colonial America geographical and commercial relations very different from theirs. Consequently there was novelty and difficulty in the question, What intercourse with the remaining British dominions, and especially with the American colonies, should be permitted to the new nation? Notwithstanding the breach lately made, it continued a controlling aim with the British people, and of the government as determined by popular pressure, to restore the supremacy of British trade, by the subjection of America, independent as well as colonial, to the welfare of British commerce. Notably this was to be so as regards the one dominant interest called Navigation, under which term was comprised everything relating to shipping,—ship-building, seafaring men, and the carrying trade. Independence had deprived Great Britain of the right she formerly had to manipulate the course of the export and import trade of the now United States. It remained to try whether there did not exist, nevertheless, the ability effectually to control it to the advantage of British navigation, as above defined. "Our remaining colonies on the Continent, and the West India Islands," it was argued, "with the favorable state of English manufactures, may still give us almost exclusively the trade of America;" provided these circumstances were suitably utilized, and their advantages rigorously enforced, where power to do so still remained, as it did in the West Indies.

Although by far the stronger and more flourishing part of her colonial dominions had been wrested from Great Britain, there yet remained to her upon the continent, in Canada and the adjacent provinces, a domain great in area, and in the West India Islands another of great productiveness. Whatever wisdom had been learned as regards the political treatment of colonies, the views as to the nature of their economical utility to the mother country, and their consequent commercial regulation, had undergone no enlargement, but rather had been intensified in narrowness and rigor by the loss of so valuable a part of the whole. No counteractive effect to this prepossession was to be found in contemporary opinion in Europe. The French Revolution itself, subversive as it was of received views in many respects, was at the first characterized rather by an exaggeration of the traditional exclusive policy of the eighteenth century relating to colonies, shipping, and commerce. In America, the unsettled commercial and financial conditions which succeeded the peace, the divergence of interests between the several new states, the feebleness of the confederate government, its incompetency to deal assuredly with external questions, and lack of all power to regulate commerce, inspired a conviction in Great Britain that the continent could not offer strong, continued resistance to commercial aggression, carried on under the peaceful form of municipal regulation. It was generally thought that the new states could never unite, but instead would drift farther apart.

The belief was perfectly reasonable; a gift of prophecy only could have foretold the happy result, of which many of the most prominent Americans for some time despaired. "It will not be an easy matter," wrote Lord Sheffield,[55] "to bring the American States to act as a nation; they are not to be feared as such by us. It must be a long time before they can engage, or will concur, in any material expense.... We might as reasonably dread the effects of combinations among the German as among the American states, and deprecate the resolves of the Diet, as those of Congress." "No treaty can be made that will be binding on the whole of them." "A decided cast has been given to public opinion here," wrote John Adams from London, in November, 1785, "by two presumptions. One is, that the American states are not, and cannot, be united."[56] Two years later Washington wrote: "The situation of the General Government, if it can be called a government, is shaken to its foundation, and liable to be overturned at every blast. In a word, it is at an end.... The primary cause of all our disorders lies in the different state governments, and in the tenacity of that power which underlies the whole of their systems. Independent sovereignty is so ardently contended for." "At present, under our existing form of confederation, it would be idle to think of making commercial regulations on our part. One state passes a prohibitory law respecting one article; another state opens wide the avenue for its admission. One assembly makes a system, another assembly unmakes it."[57]

Under such conditions it was natural that a majority of Englishmen should see power and profit for Great Britain in availing herself of the weakness of her late colonists, to enforce upon them a commercial dependence as useful as the political dependence which had passed away. Were this realized, she would enjoy the emoluments of the land without the expense of its protection. This gospel was preached at once to willing ears, and found acceptance; not by the strength of its arguments, for these, though plausible, were clearly inferior in weight to the facts copiously adduced by those familiar with conditions, but through the prejudices which the then generation had received from the three or four preceding it. The policy being adopted, the instrument at hand for enforcing it was the relation of colonies to mother countries, as then universally maintained by the governments of the day. The United States, like other independent nations, was to be excluded wholly from carrying trade with the British colonies, and as far as possible from sending them supplies. It was urged that Canada, and the adjacent British dominions, encouraged by this reservation of the West India market for their produce, would prove adequate to furnishing the provisions and lumber previously derived from the old continental colonies. The prosperity once enjoyed by the latter would be transferred, and there would be reconstituted the system of commercial intercourse, interior to the empire, which previously had commanded general admiration. The new states, acting commercially as separated communities, could oppose no successful rivalry to this combination, and would revert to isolated commercial dependence; tributary to the financial supremacy of Great Britain, as they recently had been to her political power. In debt to her for money, and drawing from her manufactures, returns for both would compel their exports to her ports chiefly, whence distribution would be, as of old, in the hands of British middlemen and navigators. Just escaped from the fetters of the carrying trade and entrepot regulations, the twin monopolies in which consisted the value of a colonial empire, it was proposed to reduce them again under bondage by means for which the West India Islands furnished the leverage; for "the trade carried on by Great Britain with the countries now become the United States was, and still is, so connected with the trade carried on to the remaining British colonies in America, and the British islands in the West Indies, that it is impossible to form a true judgment of the past and present of the first, without taking a comprehensive view of all, as they are connected with, and influence, each other."[58]

Before the peace of 1783, the writings of Adam Smith had gravely shaken belief in the mercantile system of extraordinary trade regulation and protection as conducive to national prosperity. Though undermined, however, it had not been overthrown; and even to doubters there remained the exception, which Smith himself admitted, of the necessity to protect navigation as a nursery for the navy, and consequently as a fundamental means of national defence. Existence takes precedence of prosperity; the life is more than the meat. Commercial regulation, though unfitted to increase wealth, could be justified as a means to promote ship-building; to retain ship-builders in the country; to husband the raw materials of their work; to force the transport of merchandise in British-built ships and by British seamen; and thus to induce capital to invest, and men to embark their lives, in maritime trade, to the multiplication of ships and seamen, the chief dependence of the nation in war. "Keeping ships for freight," said Sheffield, "is not the most profitable branch of trade. It is necessary, for the sake of our marine, to force or encourage it by exclusive advantages." "Comparatively with the number of our people and the extent of our country, we are doomed almost always to wage unequal war; and as a means of raising seamen it cannot be too often repeated that it is not possible to be too jealous on the head of navigation." He proceeds then at once to draw the distinction between the protection of navigation and that of commerce generally. "This jealousy should not be confounded with that towards neighboring countries as to trade and manufactures; nor is the latter jealousy in many instances reasonable or well founded. Competition is useful, forcing our manufacturers to act fairly, and to work reasonably." Sheffield was the most conspicuous, and probably the most influential, of the controversialists on this side of the question at this period; the interest of the public is shown by his pamphlet passing through six editions in a twelvemonth. He was, however, far from singular in this view. Chalmers, a writer of much research, said likewise: "In these considerations of nautical force and public safety we discover the fundamental principle of Acts of Navigation, which, though established in opposition to domestic and foreign clamors, have produced so great an augmentation of our native shipping and sailors, and which therefore should not be sacrificed to any projects of private gain,"—that is, of commercial advantage. "There are intelligent persons who suggest that the imposing of alien duties on alien ships, rather than on alien merchandise, would augment our naval strength."[59]

Colonies therefore were esteemed desirable to this end chiefly. To use the expression of a French officer,[60] they were the fruitful nursery of seamen. French writers of that day considered their West India islands the chief nautical support of the state. But in order to secure this, it was necessary to exercise complete control of their trade inward and outward; of the supplies they needed as well as of the products they raised, and especially to confine the carriage of both to national shipping. "The only use and advantage of the (remaining) American colonies[61] or West India islands to Great Britain," says Sheffield, "are the monopoly of their consumption and the carriage of their produce. It is the advantage to our navigation which in any degree countervails the enormous expense of protecting our islands. Rather than give up their carrying trade it would be better to give up themselves." The entrepot system herein found additional justification, for not only did it foster navigation by the homeward voyage, confined to British ships, and extort toll in transit, but the re-exportation made a double voyage which was more than doubly fruitful in seamen; for from the nearness of the British Islands to the European continent, which held the great body of consumers, this second carriage could be done, and actually was done, by numerous small vessels, able to bear a short voyage but not to brave an Atlantic passage. Economically, trade by many small vessels is more expensive than by a few large, because for a given aggregate tonnage it requires many more men; but this economical loss was thought to be more than compensated by the political gain in multiplying seamen. It was estimated in 1795 that there was a difference of from thirty-five to forty men in carrying the same quantity of goods in one large or ten small vessels. This illustrates aptly the theory of the Navigation Act, which sought wealth indeed, but, as then understood, subordinated that consideration distinctly to the superior need of increasing the resources of the country in ships and seamen. Moreover, the men engaged in these short voyages were more immediately at hand for impressment in war, owing to the narrow range of their expeditions and their frequent returns to home ports.

In 1783, therefore, the Navigation Act had become in general acceptance a measure not merely commercial, but military. It was defended chiefly as essential to the naval power of Great Britain, which rested upon the sure foundation of maritime resources thus laid. Nor need this view excite derision to-day, for it compelled then the adhesion of an American who of all in his time was most adverse to the general commercial policy of Great Britain. In a report on the subject made to Congress in 1793, by Jefferson, as Secretary of State, he said: "Our navigation involves still higher considerations than our commerce. As a branch of industry it is valuable, but as a resource of defence essential. It will admit neither neglect nor forbearance. The position and circumstances of the United States leave them nothing to fear on their land-board; ... but on their seaboard they are open to injury, and they have there too a commerce (coasting) which must be protected. This can only be done by possessing a respectable body of citizen-seamen, and of artists and establishments in readiness for ship-building."[62] The limitations of Jefferson's views appear here clearly, in the implicit relegation of defence, not to a regular and trained navy, but to the occasional unskilled efforts of a distinctly civil force; but no stronger recognition of the necessities of Great Britain could be desired, for her nearness to the great military states of the world deprived her land-board of the security which the remoteness of the United States assured. With such stress laid upon the vital importance of merchant seamen to national safety, it is but a step in thought to perceive how inevitable was the jealousy and indignation felt in Great Britain, when she found her fleets, both commercial and naval, starving for want of seamen, who had sought refuge from war in the American merchant service, and over whom the American Government, actually weak and but yesterday vassal, sought to extend its protection from impressment.

Up to the War of American Independence, the singular geographical situation of Great Britain, inducing her to maritime enterprise and exempting her from territorial warfare, with the financial and commercial pre-eminence she had then maintained for three-fourths of a century, gave her peculiar advantages for enforcing a policy which until that time had thriven conspicuously, if somewhat illusively, in its commercial results, and had substantially attained its especial object of maritime preponderance. Other peoples had to submit to the compulsion exerted by her overweening superiority. The obligation upon foreign shipping to be three-fourths manned by their own citizens, for instance, rested only upon a British law, and applied only in a British port; but the accumulations of British capital, with the consequent facility for mercantile operations and ability to extend credits, the development of British manufactures, the extent of the British carrying trade, the enforced storage of colonial products in British territory, with the correlative obligation that foreign goods for her numerous and increasing colonists must first be brought to her shores and thence transshipped,—all these circumstances made the British islands a centre for export and import, towards which foreign shipping was unavoidably drawn and so brought under the operation of the law. The nation had so far out-distanced competition that her supremacy was unassailable, and remained unimpaired for a century longer. To it had contributed powerfully the economical distribution of her empire, greatly diversified in particulars, yet symmetrical in the capacity of one part to supply what the other lacked. There was in the whole a certain self-sufficingness, resembling that claimed in this age for the United States, with its compact territory but wide extremes of boundary, climates, and activities.

This condition, while it lasted, in large degree justified the Navigation Act, which may be summarily characterized as a great protective measure, applied to the peculiar conditions of a particular maritime empire, insuring reciprocal and exclusive benefit to the several parts. It was uncompromisingly logical in its action, not hesitating at rigid prohibition of outside competition. Protection, in its best moral sense, may be defined as the regulation of all the business of the nation, considered as an interrelated whole, by the Government, for the best interests of the entire community, likewise regarded as a whole. This the Navigation Act did for over a century after its enactment; and it may be plausibly argued that, as a war resort at least, it afterwards measurably strengthened the hands of Great Britain during the wars of the French Revolution. No men suffered more than did the West India planters from its unrelieved enforcement after 1783; yet in their vehement remonstrance they said: "The policy of the Act is justly popular. Its regulations, until the loss of America, under the various relaxations which Parliament has applied to particular events and exigencies as they arose, have guided the course of trade without oppressing it; for the markets which those regulations left open to the consumption of the produce of the colonies were sufficient to take off the whole, and no foreign country could have supplied the essential part of their wants materially cheaper than the colonies of the mother country could supply one another."

Thus things were, or were thought to be, up to the time when the revolt of the continental colonies made a breach in the wall of reciprocal benefit by which the whole had been believed to be enclosed. The products of the colonies sustained the commercial prosperity of the mother country, ministering to her export trade, and supplying a reserve of consumers for her monopoly of manufactures, which they were forbidden to establish for themselves, or to receive from foreigners. She on her part excluded from the markets of the empire foreign articles which her colonies produced, constituting for them a monopoly of the imperial home market, as well in Great Britain as in the sister colonies. The carriage of the whole was confined to British navigation, the maintenance of which by this means raised the British Navy to the mastery of the seas, enabling it to afford to the entire system a protection, of which convincing and brilliant evidence had been afforded during the then recent Seven Years' War. As a matter of political combination and adjustment, for peace or for war, the general result appeared to most men of that day to be consummate in conception and in development, and therefore by all means to be perpetuated. In that light men of to-day must realize it, if they would adequately understand the influence exercised by this prepossession upon the course of events which for the United States issued in the War of 1812.

In this picture, so satisfactory as a whole, there had been certain shadows menacing to the future. Already, in the colonial period, these had been recognized by some in Great Britain as predictive of increasing practical independence on the part of the continental colonies, with results injurious to the empire at large, and to the particular welfare of the mother kingdom. In the last analysis, this danger arose from the fact that, unlike the tropical West Indies, these children were for the most part too like their parent in political and economical character, and in permanent natural surroundings. There was, indeed, a temporary variation of activities between the new communities, where the superabundance of soil kept handicrafts in abeyance, and the old country, where agriculture was already failing to produce food sufficient for the population, and men were being forced into manufactures and their export as a means of livelihood. There was also a difference in their respective products which ministered to beneficial exchange. Nevertheless, in their tendencies and in their disposition, Great Britain and the United States at bottom were then not complementary, but rivals. The true complement of both was the West Indies; and for these the advantage of proximity, always great, and especially so with regard to the special exigencies of the islands, lay with the United States. Hence it came to pass that the trade with the West Indies, which then had almost a monopoly of sugar and coffee production for the world, became the most prominent single factor in the commercial contentions between the two countries, and in the arbitrary commercial ordinances of Great Britain, which step by step led the two nations into war. The precedent struggle was over a market; artificial regulation and superior naval power seeking to withstand the natural course of things, and long successfully retarding it.

The suspension of intercourse during the War of Independence had brought the economical relations into stronger relief, and accomplished independence threatened the speedy realization of their tendencies. There were two principal dangers dreaded by Great Britain. The West India plantation industry had depended upon the continental colonies for food supplies, and to a considerable extent also financially; because these alone were the consumers of one important product—rum. Again, ship-building and the carrying trade of the empire had passed largely into the hands of the continental colonists, keeping on that side of the Atlantic, it was asserted, a great number of British-born seamen. While vessels from America visited many parts of the world, the custom-house returns showed that of the total inward and outward tonnage of the thirteen colonies, over sixty per cent had been either coastwise or with the West Indies; and this left out of account the considerable number engaged in smuggling. Of the remainder, barely twenty-five per cent went to Great Britain or Ireland. In short, there had been building upon the western side of the ocean, under the colonial connection, a rival maritime system, having its own products, its own special markets, and its own carrying trade. The latter also, being done by very small vessels, adapted to the short transit, had created for itself, or absorbed from elsewhere, a separate and proportionately large maritime population, rivalling that of the home country, while yet remaining out of easy reach of impressment and remote from immediate interest in European wars. One chief object of the Navigation Act was thus thwarted; and indeed, as might be anticipated from quotations already made, it was upon this that British watchfulness more particularly centred. As far as possible all interchange was to be internal to the empire, a kind of coasting trade, which would naturally, as well as by statute, fall to British shipping. Protective regulation therefore should develop in the several parts those productions which other parts needed,—the material of commerce; but where this could not be done, and supplies must be sought outside, they should go and come in British vessels, navigated according to the Act. "Our country," wrote Sheffield, in concluding his work, "does not entirely depend upon the monopoly of the commerce of the thirteen American states, and it is by no means necessary to sacrifice any part of our carrying trade for imaginary advantages never to be attained."[63]

A further injury was done by the cheapness with which the Americans built and sold ships, owing to their abundance of timber. They built them not only to order, but as it were for a market. Although acceptable to the mercantile interest, and even indirectly beneficial by sparing the resources for building ships of war, this was an invasion of the manufacturing industry of the kingdom, in a particular peculiarly conducive to naval power. The returns of the British underwriters for twenty-seven shipping ports of Great Britain and Ireland, during a series of years immediately preceding the American revolt, no ship being counted twice, showed the British-built vessels entered to be 3,908, and the American 2,311.[64] The tonnage of the latter was more than one-third of the total. The intercourse between the American continent and the West Indies, not included in this reckoning, was almost wholly in American bottoms. The proportion of American-built shipping in the total of the empire is hence apparent, as well as the growth of the ship-building industry. This of course was accompanied by a tendency of mechanics, as well as seamen, to remove to a situation so favorable for employment. But the maintenance of home facilities for building ships was as essential to the development of naval power as was the fostering of a class of seamen. In this respect, therefore, the ship-building of America was detrimental to the objects of the Navigation Act; and the evil threatened to increase, because of a discernible approaching shortness of suitable timber in the overtaxed forests of Europe.

Such being the apparent tendency of things, owing to circumstances relatively permanent in character, the habit of mind traditional with British merchants and statesmen, formed by the accepted colonial and mercantile systems, impelled them at once to prohibitory measures of counteraction, as soon as the colonies, naturally rival, had become by independence a foreign nation. For a moment, indeed, it appeared that broader views might prevail, based upon a sounder understanding of actual conditions and of the principles of international commerce. The second William Pitt was Chancellor of the Exchequer at the time the provisional articles of peace with the United States were signed, in November, 1782; and in March, 1783, he introduced into the House of Commons a bill for regulating temporarily the intercourse between the two nations, so far as dependent upon the action of Great Britain, until it should be possible to establish a mutual arrangement by treaty. This measure reflected not only a general attitude of good will towards America, characteristic of both father and son, but also the impression which had been made upon the younger man by the writings of Adam Smith. Professing as its objects "to establish intercourse on the most enlarged principles of reciprocal benefit," and "to evince the disposition of Great Britain to be on terms of most perfect amity with the United States of America," the bill admitted the ships and vessels of the United States, with the merchandise on board, into all the ports of Great Britain in the same manner as the vessels of other independent states; that is, manned three-fourths by American seamen. This preserved the main restrictions of the Navigation Act, protective of British navigation; but the merchandise, even if brought in American ships, was relieved of all alien duties. These, however, wherever still existing for other nations, were light, and this remission slight;[65] a more substantial concession was a rebate upon all exports from Great Britain to the United States, equal to that allowed upon goods exported to the colonies. As regarded intercourse with the West Indies, there was to be made in favor of the thirteen states a special and large remission in the rigor of the Act; one affecting both commerce and navigation. To British colonies, by long-standing proscription, no ships except British had been admitted to export or import. By the proposed measure, the United States, alone among the nations of the world, were to be allowed to import freely any goods whatsoever, of their own growth, produce, or manufacture, in their own ships; on the same terms exactly as British vessels, if these should engage in the traffic between the American continent and the islands. Similarly, freedom to export colonial produce was granted to American bottoms from the West Indies to the United States. Both exports and imports, thus to be authorized, were to be "liable to the same duties and charges only as the same merchandise would be subject to, if it were the property of British native-born subjects, and imported in British ships, navigated by British seamen."[66] In short, while the primary purpose doubtless was the benefit of the islands, the effect of the measure, as regarded the West India trade, was to restore the citizens of the now independent states to the privileges they had enjoyed as colonists. The carrying trade between the islands and the continent was conceded to them, and past experience gave ground to believe it would be by them absorbed.

It was over this concession that the storm of controversy arose and raged, until the outbreak of the French Revolution, by the conservative reaction it provoked in other governments, arrested for the time any change of principle in regard to colonial administration, whatever modifications might from time to time be induced by momentary exigencies of policy. The question immediately argued was probably on all hands less one of principle than of expediency. Superior as commercial prosperity and the preservation of peace were to most other motives in the interest of Pitt's mind, he doubtless would have admitted, along with his most earnest opponents, that the fostering of the national carrying trade, as a nursery to the navy and so contributory to national defence, took precedence of purely commercial legislation. With all good-will to America, his prime object necessarily was the welfare of Great Britain; but this he, contrary to the mass of public opinion, conceived to lie in the restoration of the old intercourse between the two peoples, modified as little as possible by the new condition of independence. He trusted that the habit of receiving everything from England, the superiority of British manufactures, a common tongue, and commercial correspondences only temporarily interrupted by the war, would tend to keep the new states customers of Great Britain chiefly, as they had been before; and what they bought they must pay for by sending their own products in return. This constraint of routine and convenience received additional force from the scarcity of capital in America, and its abundance in Great Britain, relatively to the rest of Europe. The wealthiest nation could hold the Americans by their need of accommodations which others could not extend.

In so far there probably was a general substantial agreement in Great Britain. The Americans had been consumers to over double the amount of the West Indies before the war, and it was desirable to retain their custom. Nor was the anticipation of success deceived. Nine years later, despite the rejection of Pitt's measure, an experienced American complained "that we draw so large a proportion of our manufactures from one nation. The other European nations have had the eight years of the war (of Independence) exclusively, and the nine years of peace in fair competition, and do not yet supply us with manufactures equivalent to half of the stated value of the shoes made by ourselves."[67] In the first year of the government under the Constitution, from August, 1789, to September 30, 1790, after seven years of independence, out of a total of not quite $20,000,000 imports to the United States, over $15,000,000 were from the dominions of Great Britain;[68] and nearly half the exports went to the same destination, either as raw material for manufactures, or as to the distributing centre for Europe. The commercial dependence is evident; it had rather increased than diminished since the Peace. As regards American navigation, the showing was somewhat better; but even here 217,000 tons British had entered United States ports, against a total of only 355,000 American. As of the latter only 50,000 had sailed from Great Britain, it is clear that the empire had retained its hold upon its carrying trade, throughout the years intervening between the Peace and the adoption of the Constitution.

As regards the commercial relations between the two nations, these results corresponded in the main with the expectations of those who frustrated Pitt's measure. He had conceived, however, that it was wise for Great Britain not only to preserve a connection so profitable, but also to develop it; to multiply the advantage by steps which would promote the prosperity and consequent purchasing power of the communities involved. This was the object of his proposed concession. During the then recent war, no part of the British dominions—save besieged Gibraltar—had suffered so severely as the West Indies. Though other causes concurred, this was due chiefly to the cessation of communications with the revolted colonies, entailing failure of supplies indispensable to their industries. Despite certain alleviations incidental to the war, such as the capture of American vessels bound to foreign islands, and the demand for tropical products by the British armies and fleets, there had been great misery among the population, as well as financial loss. The restoration of commercial intercourse would benefit the continent as well as the islands; but the latter more. The prosperity of both would redound to the welfare of Great Britain; for the one, though now politically independent, was chained to her commercial system by imperative circumstances, while of the trade of the other she would have complete monopoly, except for this tolerance of a strictly local traffic with the adjoining continent. As for British navigation, the supreme interest, Pitt believed that it would receive more enlargement from the increase of productiveness in the islands, and of consequent demand for British manufactures, than it would suffer loss by American navigation. More commerce, more ships. Then, as at the present day, the interests of Great Britain and of the United States, in their relations to a matter of common external concern, were not opposed, but complementary; for the prosperity of the islands through America would make for the prosperity of Great Britain through the islands.

This, however, was just the point disputed; and, in default of the experience which the coming years were to furnish, fears not wholly unreasonable, from the particular point of view of sea power, as then understood, were aroused by the known facts of American shipping enterprise, both as ship-builders and carriers, even under colonial trammels. John Adams, who was minister to Great Britain from 1785 to 1788, had frequent cause to note the deep and general apprehension there entertained of the United States as a rival maritime state. The question of admission to the colonial trade, as it presented itself to most men of the day, was one of defence and of offence, and was complicated by several considerations. As a matter of fact, there was no denying the existence of that transatlantic commercial system, in which the former colonies had been so conspicuous a factor, the sole source of certain supplies to an important market, reflecting therein exactly Great Britain's own position relatively to the consumers of the European continent. The prospect of reviving what had always been an imperium in imperio, but now uncontrolled by the previous conditions of political subjection, seemed ominous; and besides, there was cherished the hope, ill-founded and delusive though it was, that the integrity of the empire as a self-sufficing whole, broken by recent revolt, might be restored by strong measures, coercive towards the commerce of the United States, and protective towards Canada and the other remaining continental colonies. It was believed by some that the agriculture, shipping, and fisheries of Canada, Nova Scotia, and Newfoundland, despite the obstacles placed by nature, could be so fostered as to supply the needs of the West Indies, and to develop also a population of consumers bound to take off British manufactures, as the lost colonists used to do. This may be styled the constructive idea, in Sheffield's series of propositions, looking to the maintenance of the British carrying trade at the expense of that of the United States. This expectation proved erroneous. Up to and through the War of 1812, the British provinces, so far from having a surplus for export, had often to depend upon the United States for much of the supplies which Sheffield expected them to send to the West Indies.

The proposition was strongly supported also by a wish to aid the American loyalists, who, to the number of many thousands, had fled from the old colonies to take refuge in the less hospitable North. These men, deprived of their former resources, and having a new start in life to make, desired that the West India market should be reserved for them, to build up their local industries. Their influence was exerted in opposition to the planters, and the mother country justly felt itself bound to their relief by strong obligation. Conjoined to this was doubtless the less worthy desire to punish the successful rebellion, as well as to hinder the growth of a competitor. "If I had not been here and resided here some time," wrote John Adams, in 1785, "I should not have believed, nor could have conceived, such an union of all Parliamentary factions against us, which is a demonstration of the unpopularity of our cause."[69] "Their direct object is not so much the increase of their own wealth, ships, or sailors, as the diminution of ours. A jealousy of our naval power is the true motive, the real passion which actuates them. They consider the United States as their rival, and the most dangerous rival they have in the world. I can see clearly they are less afraid of the augmentation of French ships and sailors than American. They think they foresee that if the United States had the same fisheries, carrying trade, and same market for ready-built ships, they had ten years ago, they would be in so respectable a position, and in so happy circumstances, that British seamen, manufacturers, and merchants too, would hurry over to them."[70] These statements, drawn from Adams's association with many men, reflect so exactly the line of argument in the best known of the many controversial pamphlets published about that time,—Lord Sheffield's "Observations on the Commerce of the American States,"—as to prove that it represented correctly a preponderant popular feeling, not only adverse to the restoration of the colonial privileges contemplated by Pitt, but distinctly inimical to the new nation; a feeling born of past defeat and of present apprehension.

Inextricably associated with this feeling was the conviction that the navigation supported by the sugar islands, being a monopoly always under the control of the mother country, and ministering to the entrepot on which so much other shipping depended, was the one sure support of the general carrying trade of the nation. "Considering the bulk of West India commodities," Sheffield had written, "and the universality and extent of the consumption of sugar, a consumption still in its infancy even in Europe, and still more in America, it is not improbable that in a few ages the nation which may be in possession of the most extensive and best cultivated sugar islands, subject to a proper policy,[71] will take the lead at sea." Men of all schools concurred in this general view, which is explanatory of much of the course pursued by the British Government, alike in military enterprise, commercial regulation, and political belligerent measures, during the approaching twenty years of war with France. It underlay Pitt's subsequent much derided, but far from unwise, care to get the whole West India region under British control, by conquering its sugar islands. It underlay also the other measures, either instituted or countenanced by him, or inherited from his general war policy, which led through ever increasing exasperation to the war with the United States. The question, however, remained, "What is the proper policy conducive to the end which all desire?" Those who thought with Pitt in 1783 urged that to increase the facilities of the islands, by abundant supplies from the nearest and best source, in America, would so multiply the material of commerce as most to promote the necessary navigation. The West India planters pressed this view with forcible logic. "Navigation and naval power are not the parents of commerce, but its happy fruits. If mutual wants did not furnish the subject of intercourse between distant countries, there would soon be an end of navigation. The carrying trade is of great importance, but it is of greater still to have trade to carry." To this the reply substantially was that if the trade were thrown open to Americans, by allowing them to carry in their own vessels, the impetus so given to their navigation, with the cheapness of their ships, owing to the cheapness of materials, would make them carriers to the whole world, breaking up the monopoly of British merchants, and supplanting the employment of British ships.

A few statesmen, more far seeing and deeper reasoning,—notably Edmund Burke,—came to Pitt's support, and the West India proprietors, largely resident in England, by their knowledge of details contributed much to elucidate the facts; but their efforts were unavailing. Their argument ran thus: "Only the American continent can furnish at reasonable rates the animals required for the agriculture of the islands, the food for the slaves, the lumber for buildings and for packing produce. Only the continent will take the rum which Europe refuses, and with which the planter pays his running expenses. Owing to irreversible currents of trade, neither British nor island shipping can carry this traffic at a profit to themselves, except by ruinously overcharging the planter. Americans only can do it. Concede the exchange by this means, and the development of sugar and coffee raising, owing to their bulk as freight, will enlarge British shipping to Europe by an amount much beyond that lost in the local transport. Of the European carriage you will retain a monopoly, as you will of the produce, which goes into your storehouses alone; whence you reap the advantage of brokerage and incidental handling, at the expense of the continental consumer, while your home navigation is enlarged by its export. Refuse this privilege, and your islands sink under French and Spanish competition. French Santo Domingo, especially, exceeds by far all your possessions, both in the extent of soil and quality of product." Very shortly they were able also to say that the French allowed ships to be bought from Americans; and, although in their treaty with the United States they had refused free intercourse to American vessels, a royal ordinance of 1784 permitted it to vessels of under sixty tons' burden.

Within a month of the introduction of Pitt's bill the ministry to which he then belonged fell. The one which followed refrained from dealing at all with the subject, except by recourse to an expedient not uncommon with party leaders, dealing with a new question of admitted intricacy. They passed a bill leaving the whole matter to the Crown for executive action. Accordingly, in July, 1783, a proclamation was issued permitting intercourse between the islands and the American continent, in a long list of specified articles, but only by British ships, owned and navigated as required by the Navigation Act. American vessels were excluded by omission, and while most necessaries for food, agriculture, and commerce were admitted, one staple article, salt fish, urgently requested by the planters, was forbidden. This was partly to encourage the Newfoundland fisheries and those of Great Britain, and partly to injure American. Both objects were in the line of the Navigation Act, to foster home navigation and impede that of foreigners; fisheries being considered a prime support of each. A generation before, the elder Pitt had inveighed against the Peace of Paris, in 1763, on account of the concession of the cod fisheries. "You leave to France," he said, "the opportunity of reviving her navy." Before the separation, the near and great market of the West India negro population had consumed one-third of the American catch of fish. So profitable a condition could no longer be continued. Salt provisions also, butter, and cheese, were not allowed, being reserved for Irish producers.[72]

The next December the enabling bill was renewed and the proclamation re-issued. At this moment Pitt returned to office. A few months later, in the spring of 1784, Parliament was dissolved, and the ensuing elections carried him into power at the head of a great majority. He made no immediate attempt to resume legislation favoring the American trade with the West Indies. The disposition of the majority of Englishmen in the matter had been plainly shown, and other more urgent commercial reforms engaged his attention. Soon after the receipt of the news in America, some of the states passed retaliatory measures, on their own account, or authorized the Continental Congress so to act for them. The bad feeling already caused by the non-fulfilment, on both sides, of certain stipulations of the treaty of peace was particularly exasperated by this proclamation; for anticipation, aroused by Pitt's proposed measure, had been nursed into confident expectation during the four months' interval, in which intercourse had been openly or tacitly allowed. It was at this period that Nelson first came conspicuously into public notice, by checking the connivance of the West Indian governors in the infractions of the Navigation Laws; the Act authorizing commanders of Kings' ships to seize offending vessels, and bring them before the Court of Admiralty.[73] It is said also that his experience had much to do with shaping subsequent legislation upon the same prohibitory lines. In America disappointment was bitter. Little concern was felt in England. Concerted action by several states was thought most unlikely, and a more perfect union impossible. While Massachusetts, for example, in 1785 forbade import or export in any vessel belonging in whole or in part to British subjects, the state then next to her in maritime importance, Pennsylvania, in 1786 repealed laws imposing extra charges on British ships, and admitted all nations on equal terms with her sister states. "The ministry in England," wrote Adams, "build all their hopes and schemes upon the supposition of such divisions in America as will forever prevent a combination of the States, either in prohibition or in retaliatory duties."[74]

Effective retaliation consequently was not feared, and as for results otherwise, it was doubtless thought best to await the test of experience. Proclamation, annually authorized and re-issued, remained therefore the mode of regulating commerce between the British dominions and the United States up to the date of Jay's treaty. Once only, in 1788, Parliament interfered so far as to pass a law, confining the trade with the West Indies to British-built ships and to certain enumerated articles, in the strict spirit of the Navigation system. Otherwise, intercourse with the United States was throughout this period subject at any moment to be modified or annulled by the single will of the Executive; whereas that with other nations, fixed by statute,—the Navigation Act,—could be altered only by the legislature.[75]

Of this British commercial policy, following immediately upon the recognition of independence, Americans had not the slightest reason to complain. They had insisted upon being independent, and it would be babyish to fret about the consequences, when unpalatable. It was unpleasant to find that Great Britain, satisfied that the carrying trade was the first of her interests, upon which depended her naval supremacy, rigorously excluded Americans from branches of that trade before permitted to them; but in so doing she was simply seeking her own advantage by means of her own laws, as a nation does, for instance, when it imposes heavy protective duties. It is quite as legitimate to protect the carrying trade as any other form of industry; and the Navigation Act was no new device, for the special annoyance of Americans. It is very possible that the action of Great Britain at this time was so stupid, that, to use words of Jefferson's, the only way to prophesy what she would do was to ascertain what she ought to do, and infer the contrary. The rule, he said, never failed. This particular stupidity, if such it were,—and there was at least partial ground for the charge,—was simply another case of a most common form of human dulness of perception, preoccupation with a fixed idea. But were the policy wise or foolish, as regards herself, towards the Americans it was not a wrong, but an injury; and, consequently, what the newly independent people had to do was not to complain, but to strike back with retaliatory commercial measures. Jefferson, no friend generally to coercive action, wrote concerning this particular situation, "It is not to the moderation or justice of others we are to trust for fair and equal access to market with our productions, or for our due share in the transportation of them; but to our own means of independence, and the firm will to use them."[76]

Equally, when Great Britain, under the emergencies of the French Revolution, resorted to measures that overpassed her rights, either municipal or international, and infringed our own, the resort should have been to the remedy with which nations defend their rights, as distinct from their interest. The American people, then poor, and habituated to colonial dependence, failed to create for themselves in due time the power necessary to self-assertion; nor did they as a nation realize, what men like John Adams and Gouverneur Morris saw and preached, that in the complicated tangle of warring interests which constitutes every contemporary situation, the influence of any single factor depends, not merely upon its own value, but upon that value taken in connection with other conditions. A pound is but a pound; but when the balance is nearly equal, a pound may turn a scale. Because America could not possibly put afloat the hundred—or two hundred—ships-of-the-line which Great Britain had in commission, therefore, many argued, as many do to-day, it was vain to have any navy. "I believe," wrote Morris in 1794,[77] and few men better understood financial conditions, "that we could now maintain twelve ships-of-the-line, perhaps twenty, with a due proportion of frigates and smaller vessels. And I am tolerably certain that, while the United States of America pursue a just and liberal conduct, with twenty sail-of-the-line at sea, no nation on earth will dare to insult them. I believe also, that, not to mention individual losses, five years of war would involve more national expense than the support of a navy for twenty years. One thing I am thoroughly convinced of, that, if we do not render ourselves respectable, we shall continue to be insulted."

A singular, and too much disregarded, instance of the insults to which the United States was exposed, by the absence of naval strength, is found in the action of the Barbary Powers towards our commerce, which scarcely dared to enter the Mediterranean. It is less known that this condition of things was eminently satisfactory to British politicians of the old-fashioned school, and as closely linked as was the Navigation system itself to the ancient rivalry with Holland. "Our ships," wrote the Dutch statesman De Witt, who died in 1672, "should be well guarded by convoy against the Barbary pirates. Yet it would by no means be proper to free that sea of those pirates, because we should hereby be put upon the same footing with East-landers, [i.e., Baltic nations, Denmark, Sweden, etc.] English, Spaniards, and Italians; wherefore it is best to leave that thorn in the sides of those nations, whereby they will be distressed in that trade, while we by convoy engross all the European traffic and navigation."[78] This cynical philosophy was echoed in 1784 by the cultured English statesman, Lord Sheffield, the intimate friend of the historian Gibbon, and editor of his memoirs. "If the great maritime powers know their interests," he wrote, "they will not encourage the Americans to be carriers. That the Barbary States are an advantage to the maritime powers is obvious. If they were suppressed, the little states of Italy, etc., would have much more of the carrying trade. The Armed Neutrality would be as hurtful to the great maritime powers as the Barbary States are useful."[79]

It may be a novel thought to many Americans, that at that time American commerce in the Mediterranean depended largely for protection upon Portuguese cruisers; its own country extending none. When peace was unexpectedly made between Portugal and Algiers in 1793, through the interposition of a British consular officer, a wail of dismay went up to heaven from American shipmen. "The conduct of the British in this business," wrote the American consul at Lisbon, "leaves no room to doubt or mistake their object, which was evidently aimed at us, and that they will leave nothing unattempted to effect our ruin." It proved, indeed, that the British consul's action was not that of his Government, but taken on his own initiative; but the incident not only recalls the ideas of the time, long since forgotten, but in its indications, both of British commercial security and American exposure, illustrates the theory of the Navigation Act as to the reciprocal influence of the naval and merchant services. There was then nothing, in the economical conditions of the United States, to forbid a navy stronger than the Portuguese; yet the consul, in his pitiful appeal to the Portuguese Court, had to write: "My countrymen have been led into their present embarrassment by confiding in the friendship, power, and protection of her Most Faithful Majesty," ... which "lulled our citizens into a fatal security."[80] Our lamentable dependence upon others, for the respect we should have extorted ourselves, is shown in the instructions issued to Jay, on his mission to England in 1794. "It may be represented to the British Ministry, how productive of perfect conciliation it might be to the people of the United States, if Great Britain would use her influence with the Dey of Algiers for the liberation of the American citizens in captivity, and for a peace upon reasonable terms. It has been communicated from abroad, to be the fixed policy of Great Britain to check our trade in grain to the Mediterranean. This is too doubtful to be assumed, but fit for inquiry."[81] The Dey had declared war in 1785, this being with the Barbary rulers the customary method of opening piratical action. "If the Dey makes peace with every one," said one of his captains to Nelson, "what is he to do with his ships?"

The experience of the succeeding fifteen years was to give ample demonstration of the truth of Morris's prophecy; but what is interesting now to observe is, that he, who certainly did not imagine twenty ships to be equal to a hundred, accurately estimated the deterrent force of such a body, prepared to act upon an enemy's communications,—or interests,—at a great distance from the strategic centre of operations. A valuable military lesson of the War of 1812 is just this: that a comparatively small force—a few frigates and sloops—placed as the United States Navy was, can exercise an influence utterly disproportionate to its own strength. Instances of Great Britain's extremity, subsequent to Morris's prediction, are easily cited. In 1796, her fleet was forced to abandon the Mediterranean. In 1799, a year after the Nile, Nelson had to implore a small Portuguese division not to relinquish the blockade of Malta, which he could not otherwise maintain. Under such conditions, apprehension of even a slight additional burden of hostility imposes restraint. Had Morris's navy existed in 1800, we probably should have had no War of 1812; that is, if Jefferson's passion for peace, and abhorrence of navies, could have been left out of the account. War, as Napoleon said, is a business of positions. The commercial importance of the United States, and the position of its navy relatively to the major interests of Great Britain, would together have produced an effect, to which, under the political emergency of the time, the mere commercial retaliation then attempted was quite inadequate. This distressed the enemy, but did not reduce him; and it bitterly alienated a large part of our own community, so that we went into the war a discordant, almost a disunited, nation.

During the years of American impotence under the early confederation, the trade regulations of the British Government, framed on the lines advocated by Lord Sheffield, met with a measure of success which was perhaps more apparent than real; due attention being scarcely paid to the actual loss entailed upon British planters by the heightened cost of supplies, and the consequent effect upon British commerce and navigation. "Under the present limited intercourse with America," wrote the planter, Edwards, "the West Indies are subject to three sets of devouring monopolies: 1, the British ship-owners; 2, their agents in American ports; 3, their agents in the ports of the islands; all of whom exact an unnatural profit of the planters."[82] Chalmers, looking only to the navigation of the kingdom, which these culprits represented, admits that in the principal supplies Great Britain cannot compete with America; but, "whatever may be the difference in price to the West Indians, this is but a small equivalent which they ought to pay to the British consumer, for enjoying the exclusive supply of sugar, rum, and other West India products."[83] A few figures show conclusively that under all disadvantages the islands increased in actual prosperity, although they fell behind their French competitors, favored by a more liberal policy. In the quiet year 1770, before the revolt of the continent, the British West Indies shipped to the home country produce amounting to L3,279,204;[84] in 1787 this had risen to L4,839,145,[85] a gain of over 30 per cent. Between the same years, exports to the United States, limited after the peace to British ships, had fallen from L481,407 to L196,461. American produce, confined to British bottoms for admission to British colonies, had gone largely to the French islands, with which before the Revolution they could have only surreptitious intercourse. The result was that the British planter had to pay much more for his plantation supplies than did the French, who were furnished by American vessels, built and run much cheaper than British.[86] He was rigidly forbidden also to seek stores in the French islands. Such circuitous intercourse with America, by depriving British ships of the long voyage to the continent, would place the French islands in the obnoxious relation of entrepot to their neighbors, which Holland had once occupied towards England. In all legislation minute care was taken to prevent such injury to navigation. Direct trade with British dominions was the fetich of British policy; circuitous trade its abomination.

Despite drawbacks, a distinct advance was observable also in British navigation; in the development of the British-American colonies, continental and island; and in the intercolonial intercourse and shipping. Immediately after the institution of the new government, the United States enacted laws protective of her own navigation; notably by an alien duty laid upon all foreign tonnage. To consider the probable effects of this legislation, and of the new American institutions, upon British commerce and navigation, a committee of the Privy Council was appointed, to which we owe a digested and authoritative summary of the change of conditions effected by the British measures, between 1783 and 1790. From its report, based upon averages of several years, it appears that in the direct trade between Great Britain and the United States, in which American ships stood on equal terms with British, there had been little variation in value of imports or exports, with the single exception of tobacco and rice. These two articles, which formerly had to pass through Great Britain as an entrepot, now went direct to their destination. The American shipping—navigation—employed in the trade with Great Britain herself, was only one-third of the British; the respective tonnage being 26,564 and 52,595. As this was nearly the proportion of American to British built ships in the colonial period, American shipping before the adoption of the Constitution had not gained at all, under the most favorable treatment conceded to it in British dominions. The Report, indeed, estimated that it had lost by nearly 20 per cent.[87]

In the colonial trade, on the other hand, very marked British gains could be reported. The commercially backward communities of Canada, etc., forbidden now to admit American ships, or to import many articles from the United States, and given special privileges in the West Indies, had more than doubled their imports from the mother country; the amount rising from L379,411 to L829,088. These sums are not to be regarded in their own triviality, but as harbingers of a development, which it was hoped would fill the void in the British imperial system caused by the loss of the former colonies. The West Indies showed a more gradual increase, though still satisfactory; their exports since 1774 had risen 20 per cent. It was, however, in navigation, avowedly the chief aim of the protective legislation, that the intercolonial results were most encouraging. Through the exclusion of American competition, British tonnage to Canada and the neighboring colonies had enlarged fourfold, from 11,219 to 46,106. The national tonnage engaged between the West Indies and the mother country had grown from 80,482 to 133,736; 60 per cent. More encouraging still, from the ideal point of view of a restored system of mutual support, embracing both sides of the Atlantic, the tonnage employed between Canada and the West Indies had risen from 996 only in 1774, to 14,513 in 1789. In brief, after a careful and systematic examination of the whole field, the committee considered that British navigation had gained 111,638 tons by excluding Americans from branches of trade they had once shared, and still eagerly desired.