' And this opinion is still conceived to be
not contrary to the principles of natural law, the usage of nations,
the engagements which unite the two people, nor the proclamation of the
President, as you seem to think.
Surely, not a syllable can be found in the last mentioned instrument
permitting the preparation of hostilities in the ports of the United
States. Its object was to enjoin on our citizens 'a friendly conduct
towards all the belligerent powers;' but a preparation of hostilities is
the reverse of this.
None of the engagements in our treaties stipulate this permission. The
XVIIth article of that of commerce, permits the armed vessels of either
party to enter the ports of the other, and to depart with their prizes
freely: but the entry of an armed vessel into a port, is one act; the
equipping a vessel in that port, arming her, and manning her, is a
different one, and not engaged by any article of the treaty.
You think, Sir, that this opinion is also contrary to the law of nature
and usage of nations. We are of opinion it is dictated by that law
and usage; and this had been very maturely inquired into before it was
adopted as a principle of conduct. But we will not assume the exclusive
right of saying what that law and usage is. Let us appeal to enlightened
and disinterested judges.
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