Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
The President, after a full investigation of this subject and the most
mature consideration, has charged me to communicate to you, that the
first part of this application is found to be just, and that effectual
measures are taken for preventing repetitions of the act therein
complained of; but that the latter part, desiring restitution of the
prizes, is understood to be inconsistent with the rules which govern
such cases, and would, therefore, be unjustifiable towards the other
party.
The principal agents in this transaction were French citizens. Being
within the United States at the moment a war broke out between their
own and another country, they determine to go into its defence;
they purchase, arm, and equip a vessel with their own money, man it
themselves, receive a regular commission from their nation, depart
out of the United States, and then commence hostilities by capturing a
vessel, If, under these circumstances, the commission of the captors was
valid, the property, according to the laws of war, was by the capture
transferred to them, and it would be an aggression on their nation, for
the United States to rescue it from them, whether on the high seas or
on coming into their ports. If the commission was not valid, and,
consequently, the property not transferred by the laws of war to the
captors, then the case would have been cognizable in our courts of
admiralty, and the owners might have gone thither for redress. So
that, on neither supposition, would the executive be justifiable in
interposing.
With respect to the United States, the transaction can be in nowise
imputed to them. It was in the first moment of the war, in one of their
most distant ports, before measures could be provided by the government
to meet all the cases which such a state of things was to produce,
impossible to have been known, and, therefore, impossible to have been
prevented by that government.
The moment it was known, the most energetic orders were sent to every
State and port of the Union, to prevent a repetition of the accident.
On a suggestion that citizens of the United States had taken part in
the act, one, who was designated, was instantly committed to prison, for
prosecution; one or two others have been since named, and committed
in like manner; and should it appear that there were still others, no
measure will be spared to bring them to justice. The President has
even gone further. He has required, as a reparation of their breach of
respect to the United States, that the vessels so armed and equipped,
shall depart from our ports.
You will see, Sir, in these proceedings of the President, unequivocal
proofs of the line of strict right which he means to pursue. The
measures now mentioned, are taken in justice to the one party; the
ulterior measure, of seizing and restoring the prizes, is declined in
justice to the other; and the evil, thus early arrested, will be of very
limited effects; perhaps, indeed, soon disappear altogether.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account