5835. NEUTRALITY, Enemy goods.—
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 France, Holland and Prussia; and French
goods found by the two latter nations in American
bottoms are not made prize of. It is our
wish to establish it with other nations. But
this requires their consent also, is a work of
time, and in the meanwhile, they have a right
to act on the general principle, without giving
to us or to France cause of complaint. Nor do
I see that France can lose by it on the whole.
For though she loses her goods when found in
our vessels by the nations with whom we have
no treaties, yet she gains our goods, when found
in the vessels of the same and all other nations;
and we believe the latter mass to be greater than
the former.—
To Gouverneur Morris. Washington ed. iv, 43.
Ford ed., vi, 387.
(Pa.,
Aug. 1793)
