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TREATY EXCEPTIONS.
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very same nations which made these contracts with one nation made others with precisely contrary stipulations with other nations. Thus France whilst stipulating in the Treaty of Utrecht (1714) with England and Holland for "free ships, free goods" made an exactly contrary stipulation with the Hanse Towns in 1716, with Hamburg in 1769, and with Mecklenburg in 1779, and left the matter untouched in her treaty with Portugal at the Peace of Utrecht, 1714. Again, Denmark stipulated for the new rule with France in 1662, and the old rule with England in 1670; and the United States stipulated for the new rule with France in 1778 and the old rule with England in 1794, as we have already seen.

II. If a law of nations were to be gathered from a consensus of stipulations in treaties, and if such a consensus as to the new rule could be (as I have just shown it cannot be) gathered from the treaties on the subject, then would the converse principle,