Sir,
The letter your Excellency did us the honor to write to us the 7th of
this month we duly received.
In our letter of the 26th of last month, respecting the goods of Mr
Izard, on board the Nile, we cited the 16th article of the treaty of
commerce, in support of Mr Izard's claim, which your Excellency thinks
an error, and that it is the 14th article which most nearly relates to
his case. We cited the article as it stood in the original treaty,
where it is the 16th. Your Excellency cites it as it stands in the
treaty now agreed to be amended, leaving out two articles, the 11th
and 12th. But your Excellency and we mean all the same article, which
appears to us to apply to Mr Izard's case, as clearly, strictly and
fully, as it could have been contrived to do, if his case had been in
contemplation at the time when the treaty was made, and specially
meant to be provided for. The words of the article are, "that such
goods as were put on board any ship belonging to an enemy before the
war, or after the declaration of the same, without the knowledge of
it, shall no ways be liable to confiscation, but shall well and truly
be restored, without delay, to the proprietor, demanding the same.
Ignorance of the declaration of war, not to be pleaded more than two
months after the declaration."
Now by the bill of lading, which we had the honor to enclose to your
Excellency, it appears, that the goods were shipped in the month of
April last; at a time when certainly two months had not elapsed from
and after the declaration of war. But if other evidence of this fact,
viz. the time when these goods were shipped, is necessary, Mr Izard
can certainly obtain it from England, although it would be attended
with a good deal of trouble and expense.
As to the question, whether the goods are Mr Izard's property or not,
Mr Izard, in a letter to us dated the 10th of this month, assures us,
that his name is in many of the books, and that one of the boxes
contains a great number of his papers with his name upon them. That
the testimony of his merchant in London, who shipped the things, shall
be procured, if necessary, and likewise that of the merchant in
Leghorn, and the Abbe Niccoli, to whom they are addressed.
We are only desirous of what is right, and as we hold ourselves bound
to do all in our power to assist our fellow citizens in maintaining
their rights, and of omitting no advantage that they are entitled to
by the treaty, and as the
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