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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO SECRETARY JAY. - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

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TO SECRETARY JAY.

Dear Sir,

Give me leave to propose for your consideration, and to request you to submit to the decision of congress, whether it would not be proper that some measures should be taken to furnish your ministers abroad with the laws of the several States, and more especially with such laws as may have a relation to external commerce or any other foreign affair.

Information of this kind will be wanted at every Court, but more particularly here, and at this critical period. Our fellow-citizens here, from all the States, have been very civil to me, in furnishing me with all the lights in their power, and this will ever be the case, it is to be hoped, wherever you have a minister; yet all the lights which individuals abroad can furnish, will be imperfect, though ever so carefully collected by a minister, without the continual assistance of congress and the States. I have been lately obliged to a fellow-citizen, Captain C. Miller, for the laws of New York, of the second meeting of the eighth session of the legislature, among which, to my great satisfaction, I find the United States in congress assembled vested for fifteen years with powers to prohibit any goods, wares, or merchandise from being imported into, or exported from, any of the United States, in vessels belonging to, or navigated by, the subjects of any power with whom these States shall not have formed treaties of commerce; and also with power of prohibiting the subjects of any foreign state, kingdom, or empire, unless authorized by treaty, from importing into the United States any goods, wares, or merchandise which are not the produce or manufacture of the dominions of the sovereign whose subjects they are.

I read this act with pleasure, because it is very nearly all that is wanting. The legislature of New York have avoided giving to the United States the power of imposing equalizing or retaliating duties, and I cannot say that they are not right in this, although it is very probable such duties will be indispensable. Such duties, if laid by any State, should be laid by all; and if the States will, in such cases, respect the recommendations of congress, this may be sufficient. If we enter into treaty with England, how shall we manage this subject? Shall we stipulate that Britain shall pay in our ports no higher duties than the most favored nations shall pay, in return for her stipulating that Americans shall pay in her ports no higher duties than the most favored nation pays? This would be unequal, because the most favored nation pays in British ports much greater imposts, than the nation the most favored by the United States pays in our ports. If we enter into such a stipulation, the consequence will be, that, in order to form an equality, we must impose enormous duties, not only upon British subjects, but upon all other nations. For example, the most favored nation pays in England upon oil eighteen pounds three shillings sterling per ton. If we attempt to equalize and retaliate, we must lay on the amount of this upon the importation of goods from all other nations, a measure that may be very inconvenient to us. Should we not then endeavor to obtain a stipulation that Americans shall pay, in British ports, no higher duties than British subjects? No doubt, to obtain this, we must stipulate that Britons shall pay, in our ports, no higher duties than our own citizens; and even this will be unequal, because that duties in general are higher in England than in America. This, however, cannot be avoided, and, as it is our felicity, we have less cause to repine at it. But, if the British ministry should refuse to go farther than the mutual privilege of the most favored nation, we shall have no remedy but in equalizing duties, which it will be absolutely necessary to lay on, in order to do ourselves justice; this cannot be done, but by a concert of all the States; if such a concert can be effected by recommendations of congress, so much the better; if it cannot, I see no other remedy but to give congress the power.

This nation relies upon it, that our States can never accomplish such a concert, either by giving congress the power, or by complying with their recommendations. Proofs of this are innumerable. Lord Sheffield’s writings, the constant strain of all the writings in the newspapers, the language of conversation, the report of the committee of council, but above all, the system adopted by the Duke of Portland’s administration, and uniformly pursued by him and his successor, Mr. Pitt, are a demonstration of it. For, although many express a contempt of the American commerce, (and I am sorry to say that even Lord Camden has lately said, that while they had a monopoly of the American trade, it was a valuable thing; but now they had not, he thought very little of it) yet those of the ministry and nations who understand any thing of the subject, know better, and 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 prohibitions or retaliating duties. It is true that the national pride is much inflated at present by the course of exchange, which is much in their favor with all parts of the world, and disposes them to think little of American commerce. They say that the progress of the fine arts in this kingdom has given to their manufacturers a taste and skill, and to their productions an elegance, cheapness, and utility, so superior to any others, that the demand for their merchandises from all parts of Europe is greater than ever; that even Lord North’s prohibitory bill has contributed to this advantage, by occasioning a demand among foreign merchants during the war, for goods to supply America. The knowledge and taste for British manufactures, they say, has been, by this means, spread all over Europe, and the demands for them multiplied, which has turned the balance so much in their favor, and caused such an extraordinary influx both of cash and bills of exchange, into these kingdoms. Those who reflect more maturely upon this, however, see that this advantage is but temporary (if it is one); they say that the long stagnation of business by the war, had filled the country with manufactures; that, upon the peace, extraordinary efforts were made to dispose of them, by sending factors abroad, not only to America, but to all parts of Europe; that these factors have not only sold their goods at a low price, but have sent home cash and bills at a high one, so that their own factors have turned their course of exchange in their favor, in appearance, and for the present moment only, at their expense, for the loss, both upon the sale of goods and the purchase of remittances, is theirs. If these conjectures are right, the present appearance of prosperity will be succeeded by numerous failures and great distress. Be this as it may, the present appearance has produced a self-sufficiency which will prevent for some time any reasonable arrangement with us.

The popular pulse seems to beat high against America. The people are deceived by numberless falsehoods industriously circulated by the gazettes and in conversation, so that there is too much reason to believe that, if this nation had another hundred millions to spend, they would soon force the ministry into a war against us. The Court itself, whatever may be thought of it, appears at present to be the principal barrier against a war, and the best disposed towards us; and whether they are restrained by any thing beside their own poverty may be justly questioned. Their present system, as far as I can penetrate it, is to maintain a determined peace with all Europe, in order that they may war singly against America, if they should think it necessary.

Their attachment to their navigation act, as well as that of all other parties here, is grown so strong, and their determination to consider us as foreigners, and to undermine our navigation, and to draw away our seamen, is so fixed, in order to prevent us from privateering, in case of a war, that I despair of any equal treaty, and, therefore, of any treaty, until they shall be made to feel the necessity of it. It cannot, therefore, be too earnestly recommended to all the States to concur with the State of New York, in giving to congress full power to make treaties of commerce, and, in short, to govern all our external commerce; for, I really believe, it must come to that. Whether prohibitions or high duties will be most politic, is a great question. Duties may be laid, which will give a clear advantage to our navigation and seamen, and these would be laid by the States, upon the recommendations of congress, no doubt, as soon as the principle is admitted, that it is necessary that our foreign commerce should be under one direction.

You will easily infer, from all this, that I have no hopes of a treaty before next spring, nor then, without the most unanimous concurrence of all our States in vigorous measures, which shall put out of all doubt their power and their will to retaliate.

With great esteem, I am, &c.

John Adams.