ct in seizing
provisions bound to France, and enemy's property on board neutral
vessels, does not appear to me extraordinary. The articles, as they
now stand, secure compensation for seizures, and leave us at liberty
to decide whether they were made in such cases as to be warranted by
the _existing_ law of nations."[111] The italics are Jay's, and the
expression is obscure; but it seems to imply that, while either
nation, in their respective claims for damages, would be bound by the
decision of the commissioners provided for their settlement by the
treaty, it would preserve the right to its own opinion as to whether
the decision was in accordance with admitted law, binding in the
future. In short, acceptance of the Rule of 1756 would not be affected
by the findings upon the claims. If adverse to Great Britain, she
could still assert the Rule in times to come, if expedient; if against
the United States, she likewise, while submitting, reserved the right
of protest, with or without arms, against its renewed enforcement.

"As to the principles we contend for," continued Jay, "you will find
them saved in the conclusion of the twelfth article, from which it
will appear that we still adhere to them." This conclusion specifies
that after the termination of a certain period, during which Great
Britain would open to American vessels the carrying trade between her
West India Islands and the United States, there should be further
negotiation, looking to the extension of mutual intercourse; "and the
said parties will then endeavor to agree whether, in any, and what,
cases neutral vessels shall protect enemy's property; and in what
cases provisions and other articles, not generally contraband, may
become such. But in the meantime, their conduct towards each other in
these respects shall be regulated by the articles hereinafter inserted
on those subjects."[112] The treaty therefore was a temporary
arrangement, to meet temporary difficulties, and involved no surrender
of principle on either side. Although the Rule of 1756 is not
mentioned, it evidently shared the same fate as the other American
propositions looking to the settlement of principles; the more so that
subsequent articles admitted, not only the undoubted rule that the
neutral flag did not cover enemy's goods, but also the vehemently
disputed claim that naval stores and provisions were, or might be,
contraband of war. Further evidence of the understanding of Great
Britain