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MESSAGE from the President, to the Congress of The United States, on the subject of the Commercial Relations with the Colombian Government.

To the Senate and House of Representatives of The United States.

Washington, March 30, 1826.

By the Second Article of the General Convention of Peace, Amity, Navigation, and Commerce, between The United States and the Republick of Colombia, concluded at Bogota on the 3rd of October, 1824, it was stipulated, that the Parties engaged, mutually, not to grant any particular favour to other Nations, in respect of Commerce and Navigation, which should not immediately become common to the other Party, who should enjoy the same freely, if the concession was freely made, or, on allowing the same compensation, if the concession was conditional.

And, in the Third Article of the same Convention, it was agreed, that the Citizens of The United States might frequent all the Coasts and Countries of the Republick of Colombia, and reside and trade there in all sorts of produce, manufactures, and merchandise, and should pay no other or greater duties, charges, or fees, whatsoever, than the most favoured Nation should be obliged to pay; and should enjoy all the rights, privileges, and exemptions, in Navigation and Commerce, which the most favoured Nation should enjoy, submitting themselves, nevertheless, to the Laws, Decrees, and Usages, there established, and to which were submitted the Subjects and Citizens of the most favoured Nations, with a reciprocal Stipulation in favour of the Citizens of the Republick of Colombia in The United States.

Subsequently to the conclusion of this Convention, a Treaty was negotiated between the Republick of Colombia and Great Britain, by which it was stipulated that no other or higher Duties, on account of Tonnage, Light or Harbour Dues, should be imposed, in the Ports of Colombia, on British Vessels, than those payable, in the same Ports, by Colombian Vessels; and that the same Duties should be paid, on the importation into the Territory of Colombia, of any article the growth, produce, or manufacture, of His Britannick Majesty's Dominions, whether such importation should be in Colombian or in British Vessels, and that the same Duties should be paid, and the same dis

count (drawbacks, and bounties alowed on the exportation of any articles the growth, produce, or manufacture, of Ccicrabia, to His Britannick Majesty's Dominions, whether such exportation were in Colombian or British Vessels.

The Minister of The United States to the Republick of Colombia, having claimed, by virtue of the Second and Third Articles of the Convention between the two Republicks, that the beneft of these subsequent Stipulations should be alike extended to the Citizens of The United States, upon the condition of reciprocity provided for by the Convention, the application of those Engagements was readily acceded to by the Colombian Government, and a Decree was issued by the Executive Authority of that Republick, on the 30th of January last, a Copy and Translation of which are herewith eommunicated, securing to the Citizens of The United States, in the Republick of Colombia, the same advantages, in regard to Commerce and Navigation, which had been conceded to British Subjects in the Colombian Treaty with Great Britain.

It remains for the Government of The United States to secure to the Citizens of the Republick of Colombia the reciprocal advantages to which they are entitled by the terms of the Convention, to commence from the 30th of January last; for the accomplishment of which, I invite the favourable consideration of the Legislature.

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(1.)-Mr. Clay to Mr. Anderson.

Department of State, Washington, September 16, 1825.

By the Treaty recently concluded between Great Britain and Colombia, it is understood that the Vessels of the two Countries, and their Cargoes, are admitted into their respective Ports, upon the payment, without discrimination, of the same Duties of Impost and Tonnage, whenever the Cargo consists of the produce of the Country to which the Vessel belongs. Colombia having adopted the system of protecting her own Tonnage, by subjecting Native Vessels, and their Cargoes, to a less rate of Duty than that which is demanded on Foreign Vessels and their Cargoes, these discriminating Duties are paid by all Foreign Nations with which she has not agreed to equalize them. But the

Treaty between The United States and Colombia, has not stipulated for the equalization of those Duties, and, consequently, the Vessel and its Cargo, of each Country, now remains subject, in the Ports of the other, to Alien Duties. The United States would have had just cause to complain of the advantage conceded to Great Britain, if, by the Second Article of our Treaty with Colombia, we had not a right to demand the same concession; and, if Mr. Gual had not, in a friendly spirit, in the course of the month of June last, informed Mr. Watts "that The United States, whenever its Government desired, would be invested with all the privileges and powers which had been surrendered to England." The President wishes, and you are authorized to propose, a mutual abolition of those discriminating Duties. No difficulty, on the part of the Government of Colombia, in acceding to this Proposal, is anticipated; and it is only necessary to inquire into the best way of accomplishing the object. This may be done in either of the two following modes: 1st. By the Fourth Section of the Act of Congress of the 7th January, 1824, it is enacted "That, upon satisfactory evidence being given to the President of The United States, by the Government of any Foreign Nation, that no discriminating Duties of Tonnage or Impost are imposed or levied, within the Ports of the said Nation, upon Vessels wholly belonging to Citizens of The United States, or upon Merchandize, the produce or manufacture thereof, imported in the same, the President is hereby authorized to issue his Proclamation, declaring that the foreign discriminating Duties of Tonnage and Impost, within The United States, are, and shall be, suspended, and discontinued, so far as respects the Vessel of the said Nation and the Merchandize of its produce or manufacture, imported into The United States, in the same; the said suspension to take effect from the time of such Notification being given to the President of The United States, and to continue so long as the reciprocal exemption of Vessels belonging to Citizens of The United States, and Merchandize, as aforesaid, thereon laden, shall be continued, and no longer."

This Act, conceived in a genuine spirit of liberality, makes a general proposition to all Nations. The same offer had been made by a previous Act of Congress, and it has been embraced by the King of The Netherlands, Prussia, the Imperial Hanseatic Cities of Hamburgh, Lubeck, and Bremen, the Dukedom of Oldenburgh, Norway, Sardinia, and Russia. A Convention between The United States and Great Britain, and a Treaty with Sweden, adopt the same principle; and Mr. Poinsett has been instructed to propose it to Mexico. The President is desirous that all Nations would see and appreciate the fairness of the principle of reciprocity and competition upon which the Act of Congress is based. To enable the President to give effect, as it respects any particular Foreign Nation, to the Act, by issuing the

Proclamation for which it provides, all that is requisite is, that satisfactory evidence should be given to him "that no discriminating Duties of Tonnage or Impost are imposed or levied within the Ports of the said Nation, upon Vessels wholly belonging to Citizens of The United States, or upon Merchandize, the produce or manufacture thereof, imported in the same." In regard to Colombia, an Act of its Congress abolishing all such discriminating Duties, or a Diplomatick Note from its Minister of Foreign Affairs, declaring that no such discriminating Duties exist against The United States, would be deemed, by the President, evidence sufficiently satisfactory to authorize the issuing of his Proclamation: and it would, accordingly, upon the production of such evidence, be by him issued.

2dly, A Convention might be concluded between the two Powers, effecting the proposed mutual abolition of Alien Duties; and, in that case, the Second Article of that which, on the 3d of July, 1815, was formed between The United States and Great Britain, (6th vol. of the Laws of the United States, page 603) will supply a model that may be safely followed. It is not very important which of these two modes be adopted: but the President rather prefers the latter, because the proposed equalization of Duties would not, when depending upon compact, be so liable to a sudden termination, as if it rested on separate Acts of the two Parties, revocable at the pleasure of either. But if a strong inclination to the other mode should be manifested by the Government of Colombia, you are authorized to accede to it. A Commission, empowering you to conclude and sign a Convention, if that should be the form selected, accompanies these Instructions. Mr. Anderson.

(Extract.)

(2.)—Mr. Watts to Mr. Clay.

H. CLAY.

Bogota, January 17, 1826.

I HAVE the honour to enclose you a Copy of my Note, addressed to the Secretary of Foreign Affairs, growing out of the Treaty recently ratified between this Republick and His Majesty the King of Great Britain.

This morning I had a short interview with M. Revenga, when he apologized for not answering my Note of the 15th, but gave me assurrances that Vessels of The United States, trading to the Territories of Colombia, would be treated by the Authorities of his Government, as in possession of all the privileges granted to the Colombian and English Vessels, upon a reciprocal equality, and that Orders would immediately issue to the officers of the Customs, directing them to observe the same.

The Hon. Henry Clay.

BEAUFORT T. WATTS.

SIR,

(3.)-Mr. Watts to Mr. Revenga.

Bogota, January 15, 1826. SINCE your Excellency has been pleased to communicate to me the Ratification of the Treaty entered into between the Republick of Colombia and His Majesty the King of Great Britain, it becomes my duty to call your attention to the Second and Third Articles of the Treaty made and ratified between this Republick and The United States, wherein it is declared that the Contracting Parties engage, mutually, not to grant any particular favour to other Nations which shall not immediately become common to the other Party. In the Treaty between Colombia and His Britannick Majesty, it is stipulated, that no other or higher Duties or Imposts shall be levied, on account of Tonnage, Light-House Dues, Port Fees, &c., in the Territories of Colombia, on British Vessels, than the payments made for the same by Colombian Vessels; and the same Discount and Bounties granted, whether in British or Colombian Vessels.

May I therefore, Sir, remind you of the promise made by your Predecessor, Dr. Gual, and subsequently renewed by yourself, that, whenever it should be officially communicated to your Government, that the Treaty with Colombia and Great Britain had been ratified, that, simultaneously, thereafter, Orders would be issued placing The United States in all the Privileges of the most favoured Nations. I have the honour, &c.

H. E. Joseph R. Revenga.

SIR,

BEAUFORT T. WATTS.

(4.)-Mr. Anderson to Mr. Clay.

Bogota, February 1, 1826.

AGREEABLY to the expectation intimated in my Letter No. 32, no difficulty has occurred in procuring from this Government its assent to a mutual and immediate renunciation of the countervailing Duties, to which the Commerce and Navigation of the two Countries have been heretofore subjected in the Ports of each other; and a few days only were occupied in concerting the means of accomplishing that end. Not having ascertained, with distinctness, in the conversation which I had with the Secretary of Foreign Relations on this subject, the views of his Government in relation to the mode of effecting the desired object, I determined to submit, at once, in a formal manner, the alternative suggested in your Instructions, of effecting the abolition, either by a Convention, or by an Order to that end, to be issued by Colombia, in anticipation of a corresponding Order from the Government of The United States.

To this mode I was led from a wish to exclude, without delay, a subject which, in truth, admitted no delay, without great injury to our Commerce, and, also, because, although an inclination had been indicated to adopt the course of mutual Executive Orders, no such distinct

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