ART: 23.
This Article granting the privileges of the most favored
nation, seems to require explanation if not alteration. The
terms "shall continue to be on the footing of the most favored
nation," implies that the parties are now on that footing. To
look no further, the discrimination between Export from Great
Britain to Europe and to the United States is a proof that
the fact is otherwise.
But may not the expression be construed into a barrier
against the laws on the part of the United States, establishing
a reciprocity with the British navigation Act and West India
regulations. It might be impolitic to extend such laws to all
other nations, as it would be just to extend them to such as had
not adopted the restrictive system of Great Britain. And
yet a discrimination might be arraigned as not continuing
Great Britain in the same footing with other Nations.
The object of this Article, so far as it is a legitimate one,
would be sufficiently provided for by a mutual stipulation
of the privileges in trade and navigation enjoyed by the
most favored nation; and such stipulations moreover ought
in justice to import or imply, that where privileges are granted
to a third Nation in consideration of privileges received, the
privileges cannot be claimed under the stipulation, without
a return of the same or of equivalent privileges. The condition
is certainly not without difficulties in the execution,
but it avoids a greater evil. Should Spain or France open
her Colonies to our ships and productions, on our granting
certain privileges to her trade, these could not be claimed or
expected by the most friendly nation who would not pay the
price of them.
Arts: 24 & 25 are entirely proper.
