brandies; but,
First. If we quit the ground of the _most favored nation_ as to
certain articles for our convenience, Spain may insist on doing
the same for other articles for her convenience, and thus our
commissioners will get themselves on the ground of _a treaty of
detail_, for which they will not be prepared.
Second. If we grant favor to the wines and brandies of Spain, then
Portugal and France will demand the same; and in order to create an
equivalent Portugal may lay a duty on our fish and grain, and France
a prohibition on our whale oils, the removal of which will be proposed
as an equivalent.
Thus much, however, as to grain and flour may be attempted. There has
not long since been a considerable duty laid on them in Spain. This
was while a treaty on the subject of commerce was pending between us
and Spain, as that Court considers the matter. It is not generally
thought right to change the state of things pending a treaty
concerning them. On this consideration and on the motive of
cultivating our friendship, perhaps the commissioners may induce them
to restore this commodity to the footing on which it was on opening
the conferences with Mr. Gardoqui, on the 26th day of July, 1785. If
Spain says, "Do the same by your tonnage on our vessels," the answer
may be that "Our foreign tonnage affects Spain very little and other
nations very much; whereas the duty on flour in Spain affects us very
much and other nations very little; consequently there would be no
equality in reciprocal relinquishment, as there had been none in the
reciprocal innovation; and Spain, by insisting on this, would in fact
only be aiding the interests of her rival nations, to whom we should
be forced to extend the same indulgence." At the time of opening the
conferences, too, we had as yet not erected any system, our Government
itself being not yet erected. Innovation then was unavoidable on our
part, if it be innovation to establish a system. We did it on fair and
general ground, on ground favorable to Spain; but they had a system,
and therefore innovation was avoidable on their part.
THOMAS JEFFERSON.
ARTICLES PROPOSED BY DON DIEGO GARDOQUI TO BE INSERTED IN THE TREATY
WITH THE UNITED STATES.
First. That all commercial regulations affecting each other shall be
founded in perfect reciprocity. Spanish merchants shall enjoy all the
commercial privileges of native me
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