us. It is not a new and additional stipulation then, but a declared
application of the stipulations comprised in the preceding articles to a
particular case, by way of greater caution.

The doctrine laid down generally in the third and fourth articles, and
exemplified specially in the fifth, amounts to this. 'The vessels of the
most favored nation, coming from foreign ports, are exempted from the
duty of one hundred sols: therefore, you are exempted from it by the
third and fourth articles. The vessels of the most favored nations,
coming coastwise, pay that duty: therefore, you are to pay it by the
third and fourth articles. We shall not think it unfriendly in you, to
lay a like duty on coasters, because it will be no more than we have
done ourselves. You are free also to lay that or any other duty on
vessels coming from foreign ports, provided they apply to all other
nations, even the most favored. We are free to do the same, under the
same restriction. Our exempting you from a duty which the most favored
nations do not pay, does not exempt you from one which they do pay.'

In this view, it is evident, that the fifth article neither enlarges
nor abridges the stipulations of the third and fourth. The effect of
the treaty would have been precisely the same, had it been omitted
altogether; consequently, it may be truly said that the reservation by
the United States, in this article, is completely useless. And it may
be added with equal truth, that the equivalent reservation by France
is completely useless, as well as her previous abandonment of the same
duty: and in short, the whole article. Each party then remains free to
raise or lower its tonnage, provided the change operates on all nations,
even the most favored.

Without undertaking to affirm, we may obviously conjecture, that this