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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

November 3, 1796.

Dear Sir:

I have more carefully examined our treaty with Great Britain and I return to the opinion given you from Albany. My hesitation yesterday arose from the terms of the twenty-fourth article, which were confined to privateers, a word that has an appropriate sense, meaning ships of private persons commissioned to cruise. But the following article contains the equivalent one to that with France, upon which we refused all bringing in and sale of prizes by her enemies. The words are, “no refuse,” etc., the major including the minor. And though France, by our treaty with her, may bring in prizes, yet the treaty gives her no right to sell. The clause in question, in the English treaty, cannot take away the right she before had to bring in her prizes; but as she had not a positive right to sell, it will oblige her to depart with them: in other words, it will preclude her from whatever she has not a positive right to. This also is Mr. Jay’s opinion, and it is certainly agreeable to the whole spirit of the treaty.