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could not be supposed to be its true and genuine meaning; which, indeed, relates to nothing more than the common course of trade, as it was usually carried on in time of peace. But even should this interpretation be accepted, the article, and the treaty itself, would be superseded and annulled by a subsequent treaty, concluded between the two nations in the year one thousand six hundred and seventy-five, and often confirmed since that period, stipulating, in a secret article, that neither of the contracting parties should give, nor consent, that any of their subjects and inhabitants should give any aid, favour, or counsel, directly or indirectly, by land or sea, or on the fresh waters; nor should furnish, or permit the subjects or inhabitants of their respective territories to furnish, any ships, soldiers, seamen, victuals, monies, instruments of war, gunpowder, or any other necessaries for making war, to the enemies of either party, of any rank or condition soever. Now, the Dutch have infringed this article in many instances during the present war, both in Europe and America; and, as they have so openly contravened one treaty, the English are not obliged to observe another. They, moreover, forfeited all right to the observance of the treaty in question, by refusing the succours with which they were bound, in the most solemn manner, to furnish the king of Great Britain, in case any of his territories in Europe should be attacked: for nothing could be more weak and frivolous than the allegation upon which this refusal was founded, namely, that the hostilities in Europe were commenced by the English, when they seized and confiscated the vessels of France; and they, being the aggressors, had no right to insist upon the succours stipulated in a treaty which was purely defensive. If this argument has any weight, the treaty itself can have no signification. The French, as in the present case, will always commence the war in America; and when their ships, containing reinforcements and stores for the maintenance of that war, shall be taken on the European seas, perhaps in consequence of their being exposed for that purpose, they will exclaim that the English were the aggressors in Europe, consequently deprived of all benefit accruing from the defensive treaty subsisting between them and the states-general of the United Provinces. It being impossible for the English to terminate the war, while their enemies derive the sinews of it
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