The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The privileges of the most favored nations undoubtedly guaranty to the
respective subjects the favors mentioned in the sixth, eleventh,
fourteenth, and seventeenth articles of the Project. For this reason
it has appeared, that it would be better to reduce the points detailed
in these articles to the number of general liberties of the most
favored nations, and this is what has been done in the sixth,
thirteenth, sixteenth, and twentyfirst articles of the Counter
Project, contenting ourselves here with the assurance, that the
subjects of his Danish Majesty in the cases mentioned here, as well as
in any other, shall be regarded and treated in the territories within
the dominions of the United States as the most favored nations, and in
expectation that the United States will not demand anything more in
these respects.
The seventh, eighth, and ninth articles of the Counter Project only
contain the spirit and ideas of the fifteenth, seventh, and eighth
articles of the Project, to which has been added some further
stipulations, conformable to the principles, which have been
established and acknowledged with respect to the commerce of neutral
nations in time of war.
The term of two months, which has been proposed in the ninth article,
and that of six months named in the twelfth article of the Project,
did not appear to correspond with the extent of commerce, which is
carried on, particularly with the East Indies, nor with difficulties,
which the merchants or inhabitants sometimes find in arranging their
affairs to change their abode. It is for this reason, that instead of
two and six months, the terms six and nine months have been
substituted, it being nevertheless well understood, that from the
friendship and good understanding, which is about being strengthened
between the two nations, the subjects of neither party will ever have
cause to take refuge on account of a rupture.
Although no fault has been found as to the merchandise, which the
Project has called contraband, or not contraband in time of war, there
is however reason to think, that it would still be better for the
conveniency of the contracting parties, only to name in express terms
the contraband, without detailing the free merchandise, with respect
to which no better explanation could be given, as it appears, than by
agreeing that everything that is not called contraband shall be
comprehended in the number of free merchandise; consequently, on this
principle, the seventeenth article of the Counter Project has been
arranged, and at the end of the article has been added the definition
of a port that is blocked up.
The new articles that have been proposed on this side principally turn
on reciprocal points and favors, which justice and equity demand, and
which humanity and the rights of nations ordinarily grant, even
without stipulation by express conventions; but it is usage that has
introduced them into treaties, and it is conceived that it is no less
necessary to conform thereto.
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