. I im. saawjiuiiij -.'U-Jil J1V K M. L ; ... : 1 : '; . .V ' ''.17 J . .1,1 FUBL.ISH1SU (wxaxty) 31 41.? rr ; 1 1 ' -tm rr ay r n w;: pi. , 'v.m. kb mm mm mm m mv .'. . ; .-, . ...; 1 , " -- - - - "? , . "i ...-,,.. MEMORIAL 4 - Of TS MJCBfSJIj 01 Tjaji cit jff HEW- ' ' ' " TORS; " '' t ; ,T the President of. the United State,' and " the Senate and House, of Representatives ; . t the United States of America, in Con " gress assembled: The Memorial of the Merchants of ihe city of New-York. '.. Yoa,-' Memorialists beg leave respectfully." to. approach, the government of, their country, oa subjects of great importance, which huvc eved, their minds with the deepest anxiety d" alarm. i( , "' ' ,' f ' ( " ; jiptfjpfidilig'jn ther juitie'e ,and JTiicndly dis position oi ihe government of Great-Uiiuin gab ,tnjtep4sMpiOgj' &rj;e's(uldent eipecta lion that fip iuual reitriclioiis wduld 'bt imposed on Neutrt vbmmerce, witHbbt ad equate natives and the riaobt, ample notice ; jWcSUming (especially, tbftt comniet cial enter' prues, commenced, under the sanction of established, principle, would on no 'account be. affccted by -a chafiqLevfof . system ; . your msmoriarisu have employed ayasi capital in importing various colonial productions,' he surplus of which, exceeding the demands of 'this country, they, have leen,.accusu.nied to export freely to the different markets of .u rope : r Aftel" this commerce had ibeen. prosecuted without restrrclion for evetI yeai, and had attracted a great proportion! of their wealth ' aflet their insurer had aisumed immense re sponsibilities, grounded on, au opiition that this trade was strictly, regular; having never ' received the slightest intimation, that tc could bt deemed incGiiipanblg with the. lights oi a ; belligerent nation, they have been suddenly ' confounded, : by Unexpected inuiligcnce of Ihe arrestatiou on the high ,east of a large i .portion of their property, which had been em barked with the .most unsuspecting conK 'debce.vj ' , y ' , The feelings of your memorialists arc not only excited by the losses which they have actually sustained, in consequence of a mea sure unsusceptible of previous calculation, but also from the state of uncertainty in which they are placed, with respect to future commercial operations, i . ' Your memorialists heretofore believed that commerce- between- the- United -States -and colonies subject to the enemies of Great-Britain, wheniju f.de prosecuted on their owl) ! account, would be perfectly afe from inter-' "Vuption: ' They' hare also believed, that all! articles, which might be securely imparted intd "thc"Ufilied States, might be as secure ly 'exported ; with , the exception well un derstood, both in respect to the, import and export trade of commerce with places Xlocladed, or itr articles contraband of war. In a recent interpretation of what is con sidered by the tribunals of Great-Britain as 'a direct trads between the Colonics and the parent countries of their enemies, jour me morialists perceive with concern, the devc lopementofa principle, which, it conceded on the part of the United Stales must prufc fatal to their commercial importance. 'It is understood to have been decided, that whenever it appears to be the intention of the importer of colonial produce, to tx- fiott the same to Europe ; or, whenever it s o exported by thte original importer, such latentiuh or exportation,' shall be evidence of a dtrett tradttm Subject the property, though neutral, 'o confiscation. Your memorialists consider it, their bou:i den duty to themselves, and their country, to express their most decided opposition to this decision. As to the evidence arising from the suppos ed intention of an importer, they readily ad-- rnit, that the great quantities of colonial pro duce which are. acquired by means of the ' American commerce, exceeding the demand .- fi consumption in th United States, will ' fairly justify a general prtiumptijn, that Ihe aurplus is ultimately destined for European -markets. They assert however, that the intention of a merchant in rcftpect to the fj tute destination of kit property, must, from the nature of things be inconclusive. All plans of business, formed by individuals are liable to le alTccted by circumstances, not to be foreseen or controlled t lhee plans are therefore necessarily revocable by those who form thcrat and'au intention which has wf ieen t-etuted proves nothing more than miht justly be inferred from a general presump tion, arising from the course of our com merce. To apply such an intention, a particular case, to the prejudice of an indi vidual s to presume that he has volnntaiily incurred an immense riskwhirh consistently Vilh the success of his main object, he might nave fairly avoided, and to inole him in ruin for prosecuting a trade which, if umlcr fsken with a different motive, would have Veen declared lawful ; would I In the opi tiion of your motnorialiu, to confound and reserve thibesi nMi,Ud print ipUsof rea son, equity and taw. t " Your memoriltis tnnff ml for no innovs. lions (in the law of nations and.cacrpt where . ipetisl treaties have prescribed a dilTcrrnt role, Ihtjr admit that they may lawfully be It strained from transporting the prnpiiiy vf r the parties engaged in war. In the recent dteisiars which prohibits an tmportcrof toti hial produce trom exporting ii to Europe, tney nowever perceive wun concern a nugatory aoil ' .twtiou reg'utaiion, -orU. meditated blow, at whaOhedeim an m?btt testible and valuable rjgh.ti 3 a ,v ", - Heretofore there existed clear3 awobvioii circumstances of discrimination, betweeri the direct tmleH which" Great-Bntain has assum ed the right, of. denying to neutral, and. the jndirect or circuitous trade, which she admibi to be lawful.'. The direct trade could be per-' ,for(rned by; ft - singlct shipment or yoyagefj whereas, tefl'.cjlicuitous trade subjected ;tht property to double freights and , insurahces, to deductions-hi favour of tjie revenue' and various p)her expence!( in this country , Jf the arriyal.Mof a' ship in' the cou'htr,' id which i,t belongs the landing of the cargo the ' inspection . of the Custom-llouse ;, the payment or security of duties; ; do not terminate , "a . voyage ; then we V Confess our ignorance on a point, wnicn, never nav ipg been before questioned, has been assutri,. ed by .u'ss'ati acknowledged.truth. ; Jfthj entry fd'rf exportation ; - the 'embarkatiph' c(f; merchandize ; the re-inspection of the Cu-tom-IIouse; the bond for securing a delivery in a loieign country, and a public clearance, do not indicate the commencement of a new voyage, then we are yet to learn the meaning )f the expression. It all the formalities and sari!'-tin4 established for the security of our revenl-; if operations of immense magni tude, transacted with, the .greatest publicity, and without a".- motives for .concealment, are considered as unreal teprcsentations, and merely cok$rabhr fiaudulent contrivance.s to cover an-Jllicit trade, between the colonic' and the parent countries of the enemies of Great-Britainj then it become necessary,; both in regard to our characters and inter-" eats, to inquire, whether the new'regulationv establish, a more definite criterion for the dis- j cbvery of truth f r ; ' We repel with indignation the suggestion, that the trans-shipment of property for a for eign market, by the original importer, is e vidence of fraud or chicane; or that unsup. ported by other circumstance's, it can justify 'a suspicion, that it is other than neutral. In our opinion, any discrimination between the rights of an importing merchant, and a ven .dee in the United Slates, is manifestly fal lacious, as it virtually metis, that the for mer can exercise only an imperfect dominion over property lawfully acquired, and posses sed in this country, while at the same time he can convey to the latter a title to a privi lege not enjoyed by himself j in short, that a trade is unlawful, when the advantage is to result to one person, but may be rendered lawful, by being participated with another. i If the new doctrine is executed in the mild est form, its operation must be highly in- pinous, oy originating new questions tor litigation, and of course, subjecting all our I commerce to new hazards of interruption. - ' We presume not, however, to comprehend ! to what extent, or in what manner the princi- I pic will be applied; we perceive, that the 1 ancient land-mark has been removed, but we ' seek in vain for a beacon to direct our course ; ' If we enquire whether a Jide sale and 1 delivery of Mercltandiie.by an importer, be- ' ing a citizen to another known citizen of the United States, for a valuable considera tion, will.hsln ordinary esses, be conclusive evidence of a transferor property, and the answer is affirmative ; then we complain that our ships have been detained, the fates of in surance enhanced, and our property confisca ted, for the establishment of a rule; which when once understood, will bttomc nugato. ry, and cease to produce any commercial or political effect. If on the other hand, this evidence is not lobe deemed conclmive, we profess ourselves to be utterly at a loss to disrovrr, what proofs of Vwnership,"and neu- trality of property, can with safety, be rtlitd on. I - But these embarrassments, though perplex ing and vexatious, are not those which prin cipally occasion our solicituijs. Wc are compelled to consider the late derisions of the British tribunals, as preliminary steps to wards a system for controlling the imports 4tons and cxportalions of colonial productions, thereby annihilating the most lucrative branches of our foreign commerce. If we owedthis trade solely to thcfavo-ir ofGrrat-Biitain ; stilt we might ask, what urgent motive, what imperious necessity, required that the favour should c resumed, at a piwoil when our commerce was spread over the ocean, and when a change so essen tial slight destroy its security, and subject us to incalculable losses I Wc deny, however, that the rights of commerce, as claimed by us, are to be deem ed favours; on the contrary, if the Uw of nailonsts other than a temporary rule, prescrib ed by an arbitrary will, k enforced by power, then we appeal to its most universal and in violable principle, in our defence. This prin CTpic is, thai the toocs tf a kivtral tomtit- 1 irtf rf etlie'ts f costs Al4o a waa, in 4 . XtCTSAl. vIsVEL, tmjtejed in SJSrCT j l!Ut, hhttn MVTBAL C6VMTBIIS fti In li e ctrbterstcs bicli Lata existed st differeht times, for extending the ptVileges of neutral Vessels, and limitmg the grounds l oT capture,' we take no part:; we appeal' to" the Old law. If neutral rights can be reduced i Within more confined limit than, this law ; prescribes, we perceive not ho," amidst ihe. cofliflioua of national interests, any neutral commerce can existeveu in our native pro ductions. " "If it be intimited, that hetifrats shdlild be confined to a commerce with such places, and in! such articles only as were allowed in peace, by the municipal regulations of the countries engaged in war; the doctrine may be repelled by the notorious lact, that, no such principle has governed the conduct of nations, during any wars in which . they Have, been engaged j all were fixeto Vary, and In fact kllhave varied, their commercial system : whatever theoretical opinions may therefore have been advanced, there has existed no such practical rule, and to set up sucli a rule under the unparralleled circumstances of the present war, must infallibly destroy, the com merce of this country. ' ' ,' v. It is a well known fact, -that the people of the United States export to foreign countries a greater pr6portlon of the aggregate annual value oLthe products of their industry, than ' any other people of the globe-; they arb con-' sejuently most deeply interested in the se curity and freedom of their trade i in short, being almost exclusively an agricultural unci commercial people, those parts of our coun try) which, from recent settlement, br from other circumstances, are wholly agricultural are 'more immediately interested than any . Other, as they are in a greater degree, depvti-' dent oh foreign supplies, and consequently most liable to he affected, by any vibrations of the commercial system. As our manufactures do not flourish in pro portion to the progress of our population, wealth end luxury, the necessity of extend ing our cbmmerce is constantly increasing. The basis of all our trade is the aggregate Value of our native productions, exceeding 'whit are consumed in the United States r these are exported' to various countries, from which we receive supplies for domestic use, or other articles . for exportation. A very great proportion of all the results of our tommcrce with the world centre in the do-" minions of Great'Britain, and we receive al most exclusively from thatcountry,ourcloathk ing, and other necessary iruriul'nuui-es. . By the events of the late and present warj many countries with which we prosecuted an increasing tiade, have been either diverted from manufacturing pursuits, or have been greatly impoverished, or conquered and sub jected to the colonial system of Great-Britain. With these preliminary facts in view, we request pel mission to detail some of the most important consequences of the assumed rule, that neutrals maybe restrained, in time vf vjr, to their cccustomtd trace in f mr of peace. I lie injustice of such a rule," in relation to the Uni ted States, will be more manifest : the indi viduals eniployed in commerce, would not a lone be affected : all the internal relations of our country would be' disturbed: the inter ests of those districts which are most remote from our principal ports, would, in proportion to their dependence on foreign supplies, be most severely depressed. The effects of War cannot be confined to the countries engaged in war. The value of money ; the price of labour ; the rates of freight and insurance, arc by war enhancid throughout the woild ; all articles of inerch-' .andize,bothof export and import,arc various ly affected, in their quantities and value, by new wants ; by the relinquishment of for mer pursuits, and by the new direction which is thereby given' to the industry of different nations. . Other consequences result from the effects of war as the impoverishment of some, and the sggratiduemcnt of other coun tries; alsp, from the acknowledged right of belligerent nations to interdict commerce in contraband articles, and toinsliiute blockades. This last right is highly injurious to neutrals as it frequenjl restrains them from proceed ing to the best markets. lit i obviously im possible, therefore, to confine the United States, in time r f war, amidst all these chan ges and disadvantages, to their actuttomtd irwJ in time $J peace wnfout ddlrou tilt tn'.e. If in consequence of the war, certain arti cle usually exported from the United States to countries from which we received neces sary supplies, cease to be demanded in those countries, may wc r.ot esport other ariiiks, and thereby l.lilain the supplies we tired t " If articles usually imported into the United , States in lime of peace, rca to be demanded by tit in lime or war, in consfquence of our ability to'ohtain suhMiiutes which we prefer, shall we be required to renounce our export trade by Ik inn tybid to imfrtrt other article for consumption or for comnrfe ! r shall wt be compctlci to rrtciteiti eschar f,c, arti cle which we do not require f If, in consequence of an Incrratm! demanJ for our exports to pattivular cutitiiei, we obtai.i in exchange, artlc'tiol con rrtcees. ceed'iOgour domestic wants, shall ,1 berequi ted that the snrphis prritb ot our hat, li ' If Crcat DiiUiA ptrj'.'.s csa-rnrj.-p lr- ItreeV her subjects ahd the colonies of her enemies'may' we not,' with the consent i f those colonies, participate in the same commerce-? '.-'-- ' , I f our commerce with the enemies" of Great Britain may- now be' confined to the system established in time of peace, may we, not apprehend thit the principle Will be retalia ted; in respect to our commerce with the co lonies oflPreaNBritamrin that case, what can ensue'but war,' pillage," and devastation ? These "We 'hot imaginary Suppositions: , they illustrate the most important principles" Of our commerce ; they evince the necessity Of a Circuitous trade, to enable 'us to leaiizd the great. Value of exports in our native pro ductions,' which 8lon,c we atquiie live pow er to liquidate the balance against us; iri Ut commerce with Great-Britam ; theydem'oh strate, thai' thfc position against which we tonic-rid, is not a rule of the law of nations i thelaiv of nations ordains no rule - winch is Unequal and unjust. But sill we haVe bt'her and more forcible bbiection; the concession which is required would deprive. US of many advantages, con nected witV.our local situation, our enter- prise, our wealth, and our fortune ; it would require usto ltivert much of our capital and industry to new employments .it would a mount to an abandonment of views, as a com mercial people, and might involve us in dan gerous .controversies,, by virtual admission, that any essential articles of supply may, at the pleasure of a belligerent nation. be pla ced in a state of inhibition, equivalent, to be ing declared contraband of war. Hitherto we have regarded it as a peculiar felicity incident to our neutral situation, that -It was equally beneficial to Wrselves, and to all the parties with whom we are connected t ' the articles exported by us to the enemies or Great-Britain, being convenient supplies- ' promised to secure to our ships in their pons a welcome reception and hospitable treat ment. As the direct returns for these ex- -ports were inconsiderable, and as the pro ducts were almost exclusively remitted ti Greut-Britain, and thereby. applied in pay' ment for manufactures purchased oh ctir ac count, we considered ourselves suit- of re- ceiving from them, at least that ilegiee- of " protection,which was - recommended 'by a' regard to neutral interests. ' It is however with much surprise that, we have recently discoveredi that the very cir cumstances upon which our hopes of secur ity are reposed, have been Uicd as at rai ments to justify an invasion of our riglns, and st1rat, having totally supprejsed the external commerce of her enemies, Grcat-Bt hin It now counselled to appropriate to herself that of herfritnds. If it be true that.asexpr.rwr of certain articles to the ultimate raiket, our interest are in collision with her's yet it ought to be recollected, that it is a partittlvf and minor interest only which st.iTVrs, and that the dis; civontnge is. a necessary rrn?c quenrc of her colonial hjstcm: that the. general results of our commerce are trer-My j in her fuvor ; that they invijfi rate l.er iiii.-j niaciuring interests, w inen are the grot t;i.sf of her wealth; and that tlicse ititi resls caii never be promoted by.thr impovcrishmeiit oV her best customers. Surely the srcui iy 1 neutral rights ought not to 'diininish, ttther value is augmcn'edi stirely a m:titimr pfe ponderancjr, which e rabies its posnsscr' t- blockade any of the pot ts ofiistiu-inits, con veys no just title to a rnoiitpoly otl.c cotn merce ofthe vorld! In the list of our complaints, we car.:.;., foibear to enumerate the humiliating and ex pressive conduct of ships uf war, in the ti cin'uy of our coasts and liarbouis. We res pect the principle ahd emulate the conduct ofGreat-llritain, in regard to our own jui ia diction, and we wish merely ro claim lor our selves ihe same measure of justice which she exacts from others But whl! we contend that we ouM not to be exposed to humiliating inqUtaiiioh in the verge cf our poit, which by means of se ct cicoi.hevions with our city, may be render ed conducive to the indulgence of partiality fator or malice, ,v.e disavow every w ish to di vest the belligerent nations of their rit.hts. It, In particular instances, the American flagi and the character of an ,mcrlran mmhni, have brcn prostituted to unworthy purposes we declare the individuals thus guilty to he our enemies, and wc wUh not to sent n them from ific just consequeiees cf iluif Misconduct c alio assert, that a teni. '"prVhrnsive view of our eomtj.rtcs), affords . a a - - cone lusne evirsmce that ol the property nr-CiiJ-ted through this poll, li.e piujitnii which ran poibly belong tothe cnmit,f (irrat-Hritain, it an object titiUuithy il.r at Irntiwii of a ireat Mtr ; etpiciaSlt. if in a rigorous piiiil of its strict lights,' it iruurs ihe haiard of forleiving the itUcm .f i's frirnds. If, therefore, the mode in wl.ifh ihr A mrrican coiiirm fee i prosemtrd, is atlw ed by the law of nations; if iittluah!e e vidtnee arises frnrr our sitt-.ation, wants. bM necessary turihrctlona with the rest of the worl I, that it'i ',mol esrJttsit!y Krnundtd on American c ipiul ; if tS sor iiin. lKt j we ate the m?:e aqrnti ol forcu'.rirrs are urie r.ttoa :?:.. cr Ltrive-i as rpolvjiel fwr ii T I ft Y, , ill .f it II V ,1