.
Blustier, that being on their passage from the French West Indies to
the United States, on board merchant vessels of the United States with
slaves and merchandise, of their property, these vessels were stopped by
British armed vessels and their property taken out as lawful prize, has
been received.
I believe it cannot be doubted, but that by the general law of nations,
the goods of a friend found in the vessel of an enemy are free, and the
goods of an enemy found in the vessel of a friend are lawful prize.
Upon this principle, I presume, the British armed vessels have taken
the property of French citzens found in our vessels, in the cases above
mentioned, and I confess I should be at a loss on what principle to
reclaim it. It is true that sundry nations, desirous of avoiding the
inconveniences of having their vessels stopped at sea, ransacked,
carried into port, and detained under pretence of having enemy goods
aboard, have in many instances introduced by their special treaties
another principle between them, that enemy bottoms shall make enemy
goods, and friendly bottoms friendly goods; a principle much less
embarrassing to commerce, and equal to all parties in point of gain
and loss. But this is altogether the effect of particular treaty,
controlling in special cases the general principle of the law of
nations, and therefore taking effect between such nations only as have
so agreed to control it. England has generally determined to adhere to
the rigorous principle, having, in no instance, as far as I recollect,
agreed to the modification of letting the property of the goods follow
that of the vessel, except in the single one of her treaty with France.
We have adopted this modification in our treaties with France, the
United Netherlands, and Russia; and therefore, as to them, our vessels
cover the goods of their enemies, and we lose our goods when in the
vessels of their enemies. Accordingly, you will be pleased to recollect,
that in the late case of Holland and Mackie, citizens of the United
States, who had laden a cargo of flour on board a British vessel, which
was taken by the French frigate L'Ambuscade and brought into this port,
when I reclaimed the cargo, it was only on the ground that they were
ignorant of the declaration of war when it was shipped. You observed,
however, that the 14th article of our treaty had provided that ignorance
should not be pleaded beyond two months after the declaration of war,
whic
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