1781.
of Spanish vessels, and American vessels, the allies of France, not to impede the navigation of said ship, in her passage to Amsterdam; for that the shippers of the cargo were capitulants, under the protection of the French crown. From the very nature of the connection between allies, their compacts and agreements with the common enemy must bind each other, when they tend to accomplish the objects of the allies. Both nations have one common interest and one common object. If such agreements, when correspondent to the terms upon which the alliance is formed and calculated for the attainment of the views and designs which gave birth to it, do not bind the ally, then the consequence would be, that the ally would reap all the fruit and advantages of the compact, without being subject to the terms and conditions of it; while the enemy with whom the compact is made, is exposed, with regard to the ally, to all the disadvantages of it, without participating of all the benefits stipulated; an inequality of obligation reprobated by every principle of reason and justice.
If America is not bound by the capitulation, then it can give no security to the capitulants, nor can they with safety exercise the rights and privileges of trade conceded to them. America being in alliance with France, the ports of France are opened to our armed vessels; and an American privateer might post herself in the ports of Dominica, watch the sailing of the ships from that port, pursue and capture them. Under such circumstances the trade and commerce of the Island would be totally annihilated. But not only the capitulants would suffer; France would equally suffer; for, if exportation ceases, the commercial revenue of the Island must cease with it.
The conquest of Dominica was productive of great advantages to the common cause. It was a considerable reduction of the power and resources of Great Britain; it placed a great body of her subjects in a state of neutrality; it lessened the commerce and revenues of her government, and eventually deprives her of a part of her dominions.
But if America is not bound by the capitulation, neither can the capitulants be bound with regard to America; for no engagement can be a valid one, which ties up the hands of one party, and leaves the other party at full liberty to exercise, on the party bound, all the rights of war.
Then, what should we think of the French Governor of Dominica, were he to suffer the capitulants to fit out armed vessels, to cruize against America. But it is said, that the capitulation, so far as it is contended to bind America, is unequal; for American property exported from Dominica would be liable to British capture, which British property would not.
