PARIS, September 22, 1787.
SIR,--I am honored by your favor of the 17th instant. A war between
France and England does not necessarily engage America in it; and I
think she will be disposed rather to avail herself of the advantages of
a neutral power. By the former usage of nations, the goods of a friend
were safe, though taken in an enemy bottom, and those of an enemy were
lawful prize, though found in a free bottom. But in our treaties with
France, etc., we have established the simpler rule, that a free bottom
makes free goods, and an enemy bottom, enemy goods. The same rule has
been adopted by the treaty of armed neutrality between Russia, Sweden,
Denmark, Holland and Portugal, and assented to by France and Spain.
Contraband goods, however, are always excepted, so that they may still
be seized; but the same powers have established that naval stores are
not contraband; and this may be considered now as the law of nations.
Though England acquiesced under this during the late war, rather than
draw on herself the neutral powers, yet she never acceded to the new
principle, and her obstinacy on this point, is what has prevented the
late renewal of her treaty with Russia. On the commencement of a new
war, this principle will probably be insisted on by the neutral powers,
whom we may suppose to be Sweden, Denmark, Portugal, America, and
perhaps Spain. Quere; if England will again acquiesce. Supposing these
details might be useful to you, I have taken the liberty of giving
them, and of assuring you of the esteem with which I am, Sir, your very
humble servant.