Consequently if this be the danger apprehended, it is not yet certain
enough to authorize us in sound morality to declare, at this moment,
the treaties null.
5. Is the danger apprehended from the 17th. article of the
treaty of Commerce, which admits French ships of war & privateers to
come and go freely, with prizes made on their enemies, while their
enemies are not to have the same privilege with prizes made on the
French? But Holland & Prussia have approved of this article in our
treaty with France, by subscribing to an express Salvo of it in our
treaties with them. [Dutch treaty 22. Convention 6. Prussian treaty
19.] And England in her last treaty with France [art. 40] has entered
into the same stipulation verbatim, & placed us in her ports on the
same footing on which she is in ours, in case of a war of either of
us with France. If we are engaged in such a war, England must
receive prizes made on us by the French, & exclude those made on the
French by us. Nay further, in this very article of her treaty with
France, is a salvo of any similar article in any anterior treaty of
either party, and ours with France being anterior, this salvo
confirms it expressly. Neither of these three powers then have a
right to complain of this article in our treaty.
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