s to all the dominions of the other; and without this equivalent
we would not agree to tie our own hands so materially in war as would
be done by the twenty-third article, which renounces the right of
fitting out privateers or of capturing merchant vessels. The French
treaty, therefore, is proposed as the model. In this, however, the
following changes are to be made:

We should be admitted to all the dominions of Spain to which any
other foreign nation is or may be admitted.

Article 5, being an exemption from a particular duty in France,
will of course be omitted as inapplicable to Spain.

Article 8 to be omitted as unnecessary with Morocco, and
inefficacious and little honorable with any of the Barbary powers;
but it may furnish occasion to sound Spain on the project of a
convention of the powers at war with the Barbary States to keep
up by rotation a constant cruise of a given force on their coasts
till they shall be compelled to renounce forever and against all
nations their predatory practices. Perhaps the infidelities of the
Algerines to their treaty of peace with Spain, though the latter
does not choose to break openly, may induce her to subsidize _us_
to cruise against them with a given force.

Articles 9 and 10, concerning fisheries, to be omitted as
inapplicable.

Article 11. The first paragraph of this article respecting the
droit d'aubaine to be omitted, that law being supposed peculiar
to France.

Article 17, giving asylum in the ports of either to the armed vessels
of the other with the prizes taken from the enemies of that other,
must be qualified as it is in the nineteenth article of the Prussian
treaty, as the stipulation in the latter part of the article that
"no shelter or refuge shall be given in the ports of the one to such
as shall have made prize on the subjects of the other of the parties"
would forbid us, in case of a war between France and Spain, to give
shelter in our ports to prizes made by the latter on the former,
while the first part of the article would oblige us to shelter those
made by the former on the latter--a very dangerous covenant, and which
ought never to be repeated in any other instance.

Article 29. Consuls should be received at all the ports at which the
vessels of either party may be received.

Article 30, concerning free ports in Europe and America, free ports in
the Spanish possessions