r or accommodation could be granted to any
power to the prejudice of France. By allowing the equivalent allowed by
those powers she would always stand in those ports on the footing of the
most favored nation. But if this article should be so construed as that
France should enjoy, of right, and without paying the equivalent, all
the advantages of such conditions as might be allowed to other powers in
return for important concessions made by them, then the whole character
of the stipulation would be changed. She would not be placed on the
footing of the most favored nation, but on a footing held by no other
nation. She would enjoy all advantages allowed to them in consideration
of like advantages allowed to us, free from every and any condition
whatever.
As little cause has the Government of France to complain of the seizure
of the _Apollo_ and the removal of other vessels from the waters of
the St. Marys. It will not be denied that every nation has a right to
regulate its commercial system as it thinks fit and to enforce the
collection of its revenue, provided it be done without an invasion of
the rights of other powers. The violation of its revenue laws is an
offense which all nations punish, the punishment of which gives no just
cause of complaint to the power to which the offenders belong, provided
it be extended to all equally. In this case every circumstance which
occurred indicated a fixed purpose to violate our revenue laws. Had the
party intended to have pursued a fair trade he would have entered our
ports and paid the duties; or had he intended to carry on a legitimate
circuitous commerce with the United States he would have entered the
port of some other power, landed his goods at the custom-house according
to law, and re-shipped and sent them in the vessel of such power, or
of some other power which might lawfully bring them, free from such
duties, to a port of the United States. But the conduct of the party
in this case was altogether different. He entered the river St. Marys,
the boundary line between the United States and Florida, and took his
position on the Spanish side, on which in the whole extent of the river
there was no town, no port or custom-house, and scarcely any settlement.
His purpose, therefore, was not to sell his goods to the inhabitants of
Florida, but to citizens of the United States, in exchange for their
productions, which could not be done without a direct and palpable
breach of our la
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