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50 "enemies" ships make enemies' goods," i.e. that neutral goods should be seizable on board enemies' ships, require to be equally erected into a maxim of international law, for it is remarkable that there is not a single treaty in which the former rule is stipulated for, in which (as a sort of practical compensation for the cession of undoubted belligerent rights) the latter is not equally agreed upon.

III. We shall find that although there were a great many treaties in which "free ships, free goods" and "enemies' ships, enemies' goods" were stipulated, there were a great many at the same time in which the opposite provisions, (i.e, the old rule of the Consolato del Mare) were stipulated, and still more in which, nothing being stipulated, the old rule was acknowledged in default of express stipulation; and that the cases in which the new rules were agreed to were, generally speaking, divisible into—

(a.) Treaties with small nations, which we had a peculiar interest in attaching to