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

CLAUSES FOR TREATY OF COMMERCE WITH FRANCE 1 - Thomas Jefferson, The Works, vol. 6 (Correspondence 1789-1792) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 6.

Part of: The Works of Thomas Jefferson, 12 vols.

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CLAUSES FOR TREATY OF COMMERCE WITH FRANCE1

j. mss.

[November 1791]

The citizens of the U. S. & of France & of their dominions, their vessels, productions & manufactures, as well those raised by their industry from the sea, as from the soil, shall be received and treated, each in all the dominions of the other, as if they were the native citizens, or the home built vessels, or the productions, or the manufactures of the other.

Saving that the duties payable on the productions or manufactures of either country or its dominions, imported into the other or it’s dominions, may remain as at present, where they do not exceed per cent. on the value of the article at the port of importation; in which case of excess they are hereby, ipso facto, reduced to that measure: and where they shall be hereafter reduced by either party, on any article, in favor of any other nation, they shall stand ipso facto reduced on the same article in favor of the other party, yielding the like equivalent only where the reduction has been for an equivalent. And that this beneficial restraint of duties on the industry of either may not be defeated by premiums on that of the other, it is agreed that every premium for any production or manufacture of either country shall be extended on ye same conditions by the party giving it to the like production or manufacture of the other.

Saving also to the persons of their citizens mutually that they shall continue under these incapacities of Office & suffrage, each with the other, which the constitution or laws of France or of the U. S. or any of them, or of any of their dominions, here or shall establish against foreigners of all nations without exception.

[1 ]See I, 207 and “Questions to be considered of” (page 337). A first draft of this paper is as follows:

“It is to be understood however that either party may lay duties on productions or manufactures provided they do not exceed per cent. ad valorem on manufactures & per cent, ad valorem on raw materials, nor what shall be paid by any other the most favored nation, the value to be estimated as at the port of shipment. No premium shall be given directly or indirectly on the manufactures or productions of either country carried into the other. To be considered of—prodns. of the sea e: gr. ‘And saving also that the duties whether of their own soil, or raised by them from the sea, as well as those raised from the sea as from the soil, payable on the productions or manufactures of the domns. of either country imported into those of the other may remain as at present where they do not exceed per cent. on the value of the article at the port of exportn in which case of excess they are hereby ipso facto reduced to that measure and where they shall be hereafter reduced by either party on any article in favor of any other nation, they shall stand ipso facto reduced on the same article in favor of the other party; yielding the like equivalent only where the reduction has been for an equivalent.’ And in order that the beneficial restraint of duties may not be defeated by premiums, it is agreed that every premium for any production or manufacture of either country shall be extended by the party to the like production or manufacture of the other party complyg with the same condns.” In the Jefferson MSS. is also a paper in Jefferson’s writing, giving Hamilton’s scheme for a treaty, which as it has not been printed, is here added, to elucidate the slowly developing cabinet dissensions: “10 per cent. on manuf. of flax, hemp, wool, cotton, silk, furs or mixtures of ym. Solid silver, copper, brass, iron, steel, tin, pewter, flour, salted beef, pork & pot, & oils. Except, bar iron, bar lead, nails, steel wrought cables, cordage, yarn, twine, & pack thread. 15 do—on Porcelain, glass, stone, earthen wares. 50 do—On Spirits distilled from fruits. 25 do—On Wines. Free in & out—Grains, peas, & other vegetables.                      Live cattle                      Pitch, tar, turpentine                      Unmanufactured wood                      Indigo, pot & peach ash                      Flax, hemp, cotton, silk, wool Free out—all raw materials. 5 out—Brown & clayed sugars. Gentis amicissimæ—All non enumerated articles. Reciprocal—Charges on vessels, cargoes, & merchts. not within scope of above articles. No bounties—on goods to be exported to countries of others.     Nor on it’s own ships, or things imported in them. No prohib’s.—of any article of the other. Favors to others—to be common, on same condn. No reduction of duty in favr of other nations but same condns. of this. The above contains Hamilton’s tariff of the duties which cannot be receded from in treaty with France, spoken of in my private note of March 11, 92.”