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Examples to which Great Britain is not a party.

By a treaty concerning navigation and commerce in 1650,
preceded by a particular article on the same subject concluded
in 1648, it is stipulated between the United Provinces
and Spain "that the subjects and inhabitants of the United
Provinces (and those of Spain reciprocally), may sail and trade
with all freedom and safety in all the kingdoms, States, and
countries which are or shall be in peace, amity, or neutrality,
with the State of the said United Provinces; and that they
shall not be disquieted or molested in this liberty by the ships
or subjects of the King of Spain, upon the account of hostilities
which may exist, or may happen afterwards, between the said
King of Spain and the aforesaid kingdoms, countries, and
States, or any of them that may be in amity or neutrality with
the said lords the States as above."[50]

This liberty, in relation to France, was to extend to all
sorts of merchandize which might be carried thither before she
was at war with Spain; even contraband of war,[51] not proceeding

from the States of Spain herself, and capable of being used
against the Spanish dominions.

With respect to other countries at peace with the United
Provinces, and at war with Spain, the enumerated articles of
contraband were not to be carried to them by the United Provinces,
but all articles not contraband were to be freely carried,
with the exception only of cities and places invested or
blockaded.

The Pyrenean treaty, between France and Spain in 1659,
established so close a friendship between the two nations, that
they were mutually restrained from giving either of them to
those attacking the other, any assistance in men, money, or
victuals, or with passage through his dominions. Yet it is
stipulated in Arts. X—XVI, which are reciprocal, that the
French shall have liberty to trade to all parts whatsoever,
though they should be in war with his Catholic Majesty, excepting
Portugal,[52] whilst it continued in the condition it then was
in; all merchandize may be transported to other countries in
war with Spain, as was allowed before the said war, excepting[53]
such as proceed from the Spanish dominions, and as may be
serviceable against Catholic King or his dominions, and contraband
goods. By contraband goods are understood all sorts
of arms and warlike stores; but corn and all manner of provision
and goods, not being arms and warlike stores, are not
reputed contraband, and they may be carried to places
in war with Spain, excepting to Portugal and blockaded
places. The French vessels, passing from the ports of Spain
to any port in enmity with that crown, shall not be in any way

retarded or molested, after producing their passes, specifying
their lading.[54]

It here appears, that the parties were at liberty, when neutral,
to trade to all parts of a belligerent country, not blockaded,
and in all merchandizes not contraband.

The expression "as was allowed before the said war," in this
and in the preceding examples, clearly falls within the observations
made on the like expressions, used by the writers on
the law of nations. They are merely a mode of describing
the indefinite right to trade, as if no war had arisen, and consequently
to enter into any new channels of trade which might
be opened to them.

In a treaty in 1662, between France and the United Provinces,
it is stipulated, Arts. XXVI, XXVII, &c., that the parties
reciprocally are to trade and navigate with all freedom and
safety to countries respectively at war with one and at peace
with the other, without any exceptions made by the treaty,
other than a trade in contraband, or to a place blockaded.[55]

The treaty between France and the United Provinces, Arts,
XXVII—XXIX, as incorporated with the treaty of Breda in
1667, between the latter power and England, declares that the
subjects of either party may sail and traffic in all countries at
any time, in peace with one and at war with the other, and this
transportation and traffic shall extend to all articles not contraband,
and to all places not blockaded.[56]

In a treaty in 1672, between France and Sweden, Arts.
XXIII—XXIX, are of corresponding import.[57]

A treaty in 1675, between Sweden and the United Provinces,
contains like stipulations in the three first and following
articles.[58]

A declaration made in 1676, by Spain and the United Provinces,
confirming the treaty of 1650, stipulates the right of
either party to trade with the enemy of the other, as well directly
as between enemy's ports, whether the ports belong to
the same or different enemies, contraband goods and places
blockaded being excepted.[59]

In Art. XIII, &c., of another treaty in 1678, between
France and the United Provinces, the same points are again
stipulated,[60]

The 13th Art. of another treaty in 1679, between Sweden
and the United Provinces, contains a like stipulation.[61]

So again the like stipulation is contained in Art. XIII of
another treaty in 1679, between France and the United
Provinces.[62]

In a treaty in 1701, between Denmark and the United Provinces,
the stipulations import an uninterrupted commerce of
the neutral with an enemy of the other party, with the usual
exception of contraband.[63]

The like stipulation is found in a treaty of 1716, Art. VIII,
between France and the Hanse Towns.[64]

A treaty, Art. VI, between the Emperor Charles VI, and
Philip V, of Spain, May 1, 1725, is of like import.[65]

The same is the language of a treaty in 1752, between Naples
and Holland.[66]

A treaty, Art. XVI, in 1767, between France and Hamburg,
and another between France and the Duke of Mecklenburg in
1779, maintain the same doctrine.[67]

To these authorities derived from the conventional law of
Europe, against the British principle under investigation.[68]

might be added, if it were necessary, references to other treaties
of the like tenor.