n the most favored. We are free to do the same, under the
same restriction. Our exempting you from a duty which the most favored
nations do not pay, does not exempt you from one which they do pay.'

In this view, it is evident, that the fifth article neither enlarges
nor abridges the stipulations of the third and fourth. The effect of
the treaty would have been precisely the same, had it been omitted
altogether; consequently, it may be truly said that the reservation by
the United States, in this article, is completely useless. And it may
be added with equal truth, that the equivalent reservation by France
is completely useless, as well as her previous abandonment of the same
duty: and in short, the whole article. Each party then remains free to
raise or lower its tonnage, provided the change operates on all nations,
even the most favored.

Without undertaking to affirm, we may obviously conjecture, that this
article has been inserted on the part of the United States, from an
over caution to guard, _nommement_, by name, against a particular
aggrievance, which they thought could never be too well secured against:
and that has happened, which generally happens; doubts have been
produced by the too great number of words used to prevent doubt.

II. The court of France, however, understands this article as intended
to introduce something to which the preceding articles had not reached,
and not merely as an application of them to a particular case. Their
opinion seems to be founded on the general rule in the construction of
instruments, to leave no words merely useless, for which any rational
meaning can be found. They say, that the reservation by the United
States of a right to lay a duty equivalent to that of the one hundred
sols, reserved by France, would have been completely useless, if they
were left free by the preceding articles, to lay a tonnage to any
extent whatever; consequently, that the reservation of a part proves a
relinquishment of the residue.

If some meaning, and such a one, is to be given to the last member
of the article, some meaning, and a similar one, must be given to the
corresponding member. If the reservation by the United States of a right
to lay an equivalent duty, implies a relinquishment of their right to
lay any other, the reservation by France of a right to continue
the specified duty, to which it is an equivalent, must imply a
relinquishment of the right on her part, to lay or continue any