CO885(1-2) — Page 255

PUBLIC RECORD OFFICE

C.O.

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885

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PUBLIC RECORD OFFICE, LONDON

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follow that the same practice can be given in evidence to prove that the general words are tacitly limited as to their bearing upon prohibi- tions of intercourse. Moreover, we must re- member that the practice is not conclusive even as far as it goes, unless it be shown that the question has at some time been discussed; for the practice may be the result, not the absence of stipulations, but of the advantages given by them baving been waived. Lastly, each treaty must stand on its own bottom, and the practice under one would not throw light upon the stipu- lations of another. As regards the particular case of Spain, I think, myself, that a claim on her part might be resisted; but it would be un- satisfactory to have to resist it on the ground which would probably be taken, even though fairly tenable, especially having regard to the course taken by the members of the present Government on a former occasion.

III. South American States.

We have treaties with Mexico, Buenos Ayres, Venezuela, Bolivia, and Colombia, which we have not the power of terminating, and which contain some stipulations in the nature of “most favoured nation" clauses. So far as these clauses relate to equal duties on the importation of the produce of these countries, they are precise and intelligible; but the stipulations for general equality of treatment are so loose, and in parts so inconsistent with themselves, that it is really difficult to attach a meaning to them. It is quite conceivable that some of these countries might take to imposing differential duties on foreign shipping; but I think we should have little difficulty in retaliating, so far as the treaties are concerned, and I do not consider that much weight is to be attached to their existence in the present inquiry.

IV. France.

Article IV of the Treaty with France runs thus:

"It is mutually agreed between the High Con- tracting Parties that in the intercourse of naviga-

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tion between their two countries, the vessels of any third Power shall in no case obtain more favourable conditions than those stipulated in the present Convention, in favour of British and French vessels."

This Article is, it will be observed, uncon- ditional, so far as it extends. According to the construction put upon the Swedish Treaty, therefore, we shall be bound, if we grant to United States' vessels any better privileges in regard to the navigation between England and France than those secured to French vessels,

to extend the same to French vessels, without regard to any possible bargain with the United States. Now we certainly intend to give to United States' vessels the right of importing into England from France any produce of Asia, Africa,

or America This, then, we shall be bound to give to French vessels likewise, although France prohibits British vessels to import such produce into France and as French vessels can carry the produce of any of our colonies to France, they will be able, by first landing it in a French

port, to transport it to England, and so will in a manner get a share of our colonial trade too, without equivalent.

I do not feel sure that other difficulties might

not be raised out of this stipulation, but at all events it is clear that with regard to the importa tion of Asiatic, African, or American produce from Europe, it presents a difficulty which is insuperable, unless by fresh negotiation, or by terminating the treaty, which last might be done by a year's notice, but I presume would not be thought advisable, at least in the present state of France.

V. Holland.

Two treaties exist between this country and Holland, one concluded in 1824, and having reference to the East Indian Possessions of either country, which treaty cannot be put an end to at the will of one party; the other concluded in 1837, and having reference to their European dominions, which Treaty is terminable at twelve months' notice.