3246. FREE SHIPS, Free goods, treaties and.—
By the former usage of nations,
the goods of a friend were safe though taken
in an enemy bottom, and those of an enemy
were lawful prize though found in a free bottom.
But in our treaties with France, &c., we
have established the simpler rule, that a free
bottom makes free goods, and an enemy bottom,
enemy goods. The same rule has been
adopted by the treaty of armed neutrality between
Russia, Sweden. Denmark, Holland and
Portugal, and assented to by France and Spain.
Contraband goods, however, are always excepted,
so that they may still be seized; but
the same powers have established that naval
stores are not contraband goods; and this May
be considered now as the law of nations.
Though England acquiesced under this during
the late war, rather than draw on herself the
neutral powers, yet she never acceded to the
new principle.—
To Mr. Cairnes. Washington ed. ii, 280.
(P.
1787)
