FREE BOOKS

Author's List




PREV.   NEXT  
|<   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277  
278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   >>   >|  
. 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
PREV.   NEXT  
|<   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277  
278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   >>   >|  



Top keywords:

vessels

 

principle

 
property
 

United

 
vessel
 

nations

 

treaty

 
British
 

States

 

French


France

 

enemies

 

declaration

 
bottoms
 

friendly

 

effect

 
special
 

modification

 

recollect

 

agreed


treaties
 

general

 
lawful
 
friend
 

stopped

 
pleased
 

Indies

 

Accordingly

 

citizens

 

merchandise


Mackie

 

slaves

 

Holland

 
letting
 

merchant

 

follow

 

adopted

 

single

 

Russia

 

Netherlands


article

 

provided

 
observed
 

shipped

 

ignorance

 

months

 

pleaded

 

Blustier

 

passage

 
frigate