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Subject Area: Political Theory
Topic: The American Revolution and Constitution

to oliver wolcott - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 10 [1774]

Edition used:

The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 10.

Part of: The Works of Alexander Hamilton, (Federal Edition), 12 vols.

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to oliver wolcott

  • Albany,

Dear Sir:

Your letter of the 17th instant found me at Albany, attending the Supreme Court. I have no copy of the treaty with Great Britain at hand, but I am well satisfied, from memory, that the true interpretation of the treaty, enforcing, in this respect, the true rule of neutrality, forbids our permitting the sale of a prize, taken and brought in by a French national ship equally as if by a privateer, and that the prize vessel herself, with her cargo, ought to depart our ports. I hasten to give you my opinion thus far. I reserve to consider more at leisure what exceptions absolute necessity may justify. But this is clear: that as far as it may admit any, the exceptions must be measured and restricted by the necessity, and as soon as possible you must return into the path of the treaty.

Thus, if the prize vessel was absolutely insufficient to proceed to sea, her cargo ought to be sent out of the country in another vessel, and care ought to be taken that it does not go out under false colors. Our own officers, no doubt, must inspect and ascertain any case of necessity which may be suggested.

Pray, my good friend, let there be no evasions.