h term had elapsed in this case by some days, and finding that to
be the truth, though their real ignorance of the declaration was equally
true, I declined the reclamation, as it never was in my view to
reclaim the cargo, nor apparently in yours to offer to restore it, by
questioning the rule established in our treaty, that enemy bottoms make
enemy goods. With England, Spain, Portugal, and Austria, we have no
treaties: therefore, we have nothing to oppose to their acting according
to the general law of nations, that enemy goods are lawful prize, though
found in the bottom of a friend. Nor do I see that France can suffer
on the whole; for though she loses her goods in our vessels when found
therein by England, Spain, Portugal, or Austria, yet she gains our goods
when found in the vessels of England, Spain, Portugal, Austria, the
United Netherlands, or Prussia: and I believe I may safely affirm that
we have more goods afloat in the vessels of these six nations, than
France has afloat in our vessels; and consequently, that France is the
gainer and we the loser by the principle of our treaty. Indeed, we are
losers in every direction of that principle; for when it works in our
favor, it is to save the goods of our friends; when it works against us,
it is to lose our own; and we shall continue to lose while the rule is
only partially established. When we shall have established it with all
nations, we shall be in condition neither to gain nor lose, but shall
be less exposed to vexatious searches at sea. To this condition we are
endeavoring to advance; but as it depends on the will of other nations
as well as our own, we can only obtain it when they shall be ready to
concur.

I cannot, therefore, but flatter myself, that on revising the cases of
Ducamp and others, you will perceive that their losses result from the
state of war, which has permitted their enemies to take their goods,
though found in our vessels; and consequently, from circumstances over
which we have no control.

The rudeness to their persons, practised by their enemies, is certainly
not favorable to the character of the latter. We feel for it as much as
for the extension of it to our own citizens, their companions, and find
in it a motive the more for requiring measures to be taken which may
prevent repetitions of it.

I have the honor to be, with great respect, Sir, your most obedient,
humble servant,

Th: Jefferson.

LETTER CLXII.--TO MR. GENET, A