162 APPENDIX TO BRITISH CASE. 



5. Commercial Intercourse. 



The subject of the intercourse with the West Indies was fully dis- 

 cussed, and, not thinking ourselves authorised to accede to the last 

 proposals of the British plenipotentiaries, which are annexed to the 

 protocol of the eighth conference, an entry was made that we had 

 taken them ad referendum to our Government. The negotiation be- 

 ing kept open, in that respect, we agreed, in conformity with our 

 instructions, to an article continuing in force for ten years the com- 

 mercial convention of 1815. It was fully understood, on both sides, 

 that if no agreement should be ultimately concluded with respect to 

 the colonial intercourse, no ground of complaint would arise on 

 account of any restrictive measures whatever that the United States 

 might adopt on that subject; and we stated, expressly, that such 

 measures would, in all probability, be extended to the intercourse 

 with Bermuda and with the British northern colonies; that, if the 

 direct trade with the West Indies was not allowed, the United States 

 would not be disposed to suffer it to be carried on through any other 

 intermediate British port. 



It appeared evident to us, both from our instructions and from the 

 Act of Congress, that a perfect reciprocity and equality must be 

 the basis, as well as a sine qua non, of any arrangement of the inter- 

 course with the West Indies. And we understood this basis to em- 

 brace the following objects : 



1. British vessels to be permitted to import from the British West 

 Indies into the United States, and to export from the United States 

 to the British West Indies, only such articles of the produce of the 

 said West Indies and of the United States, respectively, as American 

 vessels should be permitted to export from and to import into the 

 British West Indies. 



2. The duties on the vessels and on the cargoes to be reciprocally 

 the same, whether the vessels were American or British. 



3. The duties on the importation of American produce into the 

 British West Indies not to be higher when the produce was imported 

 directly from the United States than when imported in a circuitous 

 manner; with a reciprocal condition for the importation of West 

 India produce into the United States. 



4. The intercourse in British vessels to be allowed only with such 

 West India ports as would be opened to the American vessels. 



5. The British vessels allowed to carry on that trade to be only 

 of the same description with the American vessels admitted in the 

 British West Indies. 



To that basis, as thus stated, the British plenipotentiaries acceded. 

 But when the further details of the proposed arrangement were taken 

 into consideration, several important points occurred which had not 

 been contemplated in our instructions, and on which we were not 

 sufficiently acquainted with the intentions of our Government. 



The basis of reciprocity once established, was it proper to agree to 

 a direct intercourse, limited, on both sides, to certain articles of the 

 produce either of the United States or of the West Indies ? And if 

 such limitation was admissible, to what extent? And what articles 

 might we consent to except ? 



If the direct intercourse was thus limited to certain articles, would 

 an indirect intercourse be admissible, between the United States and 



