There is, however, one point that still remains in embryo, and
which, among other things, serves to shew the ignorance of Washington
treaty-makers, and their inattention to preexisting treaties, when they
were employing themselves in framing or ratifying the new treaty with
England.

The second article of the treaty of commerce between the United States
and France says:

"The most christian king and the United States engage mutually, not to
grant any particular favour to other nations in respect of commerce and
navigation that shall not immediately become common to the other party,
who shall enjoy the same favour freely, if the concession was freely
made, or on allowing the same compensation if the concession was
conditional."

All the concessions, therefore, made to England by Jay's treaty are,
through the medium of this second article in the pre-existing treaty,
made to France, and become engrafted into the treaty with France, and
can be exercised by her as a matter of right, the same as by England.

Jay's treaty makes a concession to England, and that unconditionally,
of seizing naval stores in American ships, and condemning them as
contraband. It makes also a concession to England to seize provisions
and _other articles_ in American ships. _Other articles are all other
articles_, and none but an ignoramus, or something worse, would have put
such a phrase into a treaty. The condition annexed in this case is, that
the provisions and other articles so seized, are to be paid for at a
price to be agreed upon. Mr. Washington, as President, ratified
this treaty after he knew the British Government had recommended an
indiscriminate seizure of provisions and all other articles in American
ships; and it is now known that those seizures were made to fit out the
expedition going to Quiberon Bay, and it was known before hand that they
would be made. The evidence goes also a good way to prove that Jay and
Grenville understood each other upon that subject. Mr. Pinckney,(1)
when he passed through France on his way to Spain, spoke of the
recommencement of the seizures as a thing that would take place.

1 Gen. Thomas Pinckney, U. S. Minister to England.--
_Editor._

The French government had by some means received information from London
to the same purpose, with the addition, that the recommencement of
the seizures would cause no misunderstanding between the British and
American governments. Grenville, in defending