would be on the cargo of a merchant vessel touching in our ports
for refreshment or advices; and against this the article provides. But
the armed vessels of France have been also admitted to land and sell
their prize-goods here for a consumption, in which case, it is as
reasonable they should pay duties, as the goods of a merchantman landed
and sold for consumption. They have however demanded, and as a matter
of right, to sell them free of duty, a right, they say, given by this
article of the treaty, though the article does not give the right
to sell at all. Where a treaty does not give the principal right of
selling, the additional one of selling duty free cannot be given: and
the laws, in admitting the principal right of selling, may withhold
the additional one of selling duty free. It must be observed, that our
revenues are raised almost wholly on imported goods. Suppose prize-goods
enough should be brought in to supply our whole consumption. According
to their construction we are to lose our whole revenue. I put the
extreme case to evince, more extremely, the unreasonableness of the
claim. Partial supplies would affect the revenue but partially. They
would lessen the evil, but not the error, of the construction: and
I believe we may say, with truth, that neither party had it in
contemplation, when penning this article, to abandon any part of its
revenue for the encouragement of the sea-robbers of the other.

5. Another source of complaint with Mr. Genet has been, that the English
take French goods out of American vessels, which he says is against the
law of nations, and ought to be prevented by us. On the contrary, we
suppose it to have been long an established principle of the law of
nations, that the goods of a friend are free in an enemy's vessel,
and an enemy's goods lawful prize in the vessel of a friend. The
inconvenience of this principle, which subjects merchant vessels to
be stopped at sea, searched, ransacked, led out of their course, has
induced several nations latterly to stipulate against it by treaty, and
to substitute another in its stead, that free bottoms shall make free
goods, and enemy bottoms enemy goods; a rule equal to the other in point
of loss and gain, but less oppressive to commerce. As far as it has
been introduced, it depends on the treaties stipulating it, and forms
exceptions, in special cases, to the general operation of the law of
nations. We have introduced it into our treaties with