5. Another source of complaint with Mr. Genet has been, that the English
take French goods out of American vessels, which he says is against the
law of nations, and ought to be prevented by us. On the contrary, we
suppose it to have been long an established principle of the law of
nations, that the goods of a friend are free in an enemy's vessel,
and an enemy's goods lawful prize in the vessel of a friend. The
inconvenience of this principle, which subjects merchant vessels to
be stopped at sea, searched, ransacked, led out of their course, has
induced several nations latterly to stipulate against it by treaty, and
to substitute another in its stead, that free bottoms shall make free
goods, and enemy bottoms enemy goods; a rule equal to the other in point
of loss and gain, but less oppressive to commerce. As far as it has
been introduced, it depends on the treaties stipulating it, and forms
exceptions, in special cases, to the general operation of the law of
nations. We have introduced it into our treaties with France, Holland,
and Prussia; and French goods found by the two latter nations in
American bottoms are not made prize of. It is our wish to establish it
with other nations. But this requires their consent also, is a work of
time, and in the mean while, they have a right to act on the general
principle, without giving to us or to France cause of complaint.
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