If the exemption spoken
of in this first member of the fifth article was comprised in the third
and fourth articles, as is expressly declared, then the reservation by
France out of that exemption, (which makes the second member of the same
article) was also comprised: that is to say, if the whole was comprised,
the part was comprised. And if this reservation of France in the second
member, was comprised in the third and fourth articles, then the counter
reservation by the United States (which constitutes the third and the
last member of the same article) was also comprised. Because it is but
a corresponding portion of a similar whole, on our part, which had been
comprised by the same terms with theirs.
In short, the whole article relates to a particular duty of one hundred
sols, laid by some antecedent law of France on the vessels of foreign
nations, relinquished as to the most favored, and consequently as to
us. It is not a new and additional stipulation then, but a declared
application of the stipulations comprised in the preceding articles to a
particular case, by way of greater caution.
The doctrine laid down generally in the third and fourth articles, and
exemplified specially in the fifth, amounts to this. 'The vessels of the
most favored nation, coming from foreign ports, are exempted from the
duty of one hundred sols: therefore, you are exempted from it by the
third and fourth articles.
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