. Vol. 8:289–290
, as Lovell had in his letter, is referring to Arts. 13 and 19 in the Franco-American
Treaty of Amity and Commerce as negotiated, rather than as ratified with Arts. 11
and 12 removed. Thus
means Arts. 11 and 17. Lovell was concerned about the use of the Franco-American
treaty as a model for an Anglo-American commercial treaty. He feared that the inclusion
of Art. 11, dealing with the disposition of property in the respective countries,
would provide the loyalists with a means to regain their confiscated property. Art.
17 established the right of French and American vessels to bring prizes into each
other's ports. Its inclusion in an Anglo-American treaty would give Great Britain
a right that it was precluded from exercising in American ports under the terms of
the prior treaty with France, which took precedence over any later ones (Miller, ed., Treaties
, 2:11–12, 16–17).