The Diplomatic Correspondence of the American Revolution, Vol. 05 — John Shaqi
The Diplomatic Correspondence of the American Revolution, Vol. 05
History
The Diplomatic Correspondence of the American Revolution, Vol. 05
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
consequence of orders given upon this subject, and cannot but be
regarded as a direct and unprovoked attack of their flag, as well as
of their independence and sovereignty. That as to what Lord Stormont
advances in saying, that in virtue of the treaty of 1674, all merchant
vessels loaded with suspected merchandises ought to be visited, to the
end to excuse by this assertion the conduct of Mr Fielding, it is but
a vain allegation, contradicted by the very words of the said treaty,
in which, in truth, there is no mention made of suspected
merchandises, but only in the third article of commodities of
contraband, which are particularly enumerated. That the convoy, by its
nature, rendering useless all visits, the fifth and sixth articles of
the said treaty of 1674, relative to rencounters at sea, explain
themselves upon the following case. We there find literally,
'That when any private vessel, subject to one of the contracting
powers, shall meet in open sea a vessel of war, or other vessel
provided with a commission from the other power, and that the said
vessel shall not be under convoy, she shall not be held only barely to
the exhibition of her sea letters to justify the property of her
cargo, and this in consequence of the 8th article of said treaty,
except, nevertheless, when a merchant vessel shall be destined for an
enemy's port, she shall be obliged also to show her passport,
containing the list of effects which shall be on board, and to show
that she is not loaded with any of the articles prohibited by the 3d
article of the said treaty.'
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