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
I have the honor to be, with great respect and esteem, Dear Sir, your
most obedient and most humble servant,
Th: Jefferson.
LETTER CLVI.--TO MR. PINCKNEY, June 14, 1793
TO MR. PINCKNEY.
Philadelphia, June 14, 1793.
My last letters to you have been of the 7th of May and 4th instant.
Since the last date, yours of April the 15th has come to hand.
I enclose you several memorials and letters which have passed between
the executive and the ministers of France and England. These will
develope to you the principles on which we are proceeding between the
belligerent powers. The decisions being founded in what is conceived to
be rigorous justice, give dissatisfaction to both parties, and produce
complaints from both. It is our duty, however, to persevere in them, and
to meet the consequences. You will observe that Mr. Hammond proposes to
refer to his court the determination of the President, that the prizes
taken by the Citoyen Genet, could not be given up. The reasons for this
are explained in the papers. Mr. Genet had stated that she was manned
by French citizens. Mr. Hammond had not stated the contrary before the
decision. Neither produced any proofs. It was therefore supposed that
she was manned, principally, with French citizens. After the decision,
Mr. Hammond denies the fact, but without producing any proof. I am
really unable to say how it was; but I believe it to be certain there
were very few Americans. He says, the issuing the commission, Sic. by
Mr. Genet within our territory, was an infringement of our sovereignty;
therefore, the proceeds of it should be given up to Great Britain. The
infringement was a matter between France and us. Had we insisted on any
penalty or forfeiture by way of satisfaction to our insulted rights,
it would have belonged to us, not to a third party. As between Great
Britain and us, considering all the circumstances explained in the
papers, we deemed we did enough to satisfy her. We are moreover assured,
that it is the standing usage of France, perhaps too of other nations in
all wars, to lodge blank commissions with all their foreign consuls,
to be given to every vessel of their nation, merchant or armed; without
which a merchant vessel would be punished as a pirate, were she to take
the smallest thing of the enemy that should fall in her way. Indeed, the
place of the delivery of a commission is immaterial. As it may be sent
by letter to any one, so it may be delivered by hand to him any where.
The place of signature by the Sovereign is the material thing. Were that
to be done in any other jurisdiction than his own, it might draw the
validity of the act into question. I mention these things, because I
think it would be proper, that after considering them and such other
circumstances as appear in the papers, or may occur to yourself, you
should make it the subject of a conversation with the Minister. Perhaps
it may give you an opportunity of touching on another subject. Whenever
Mr.
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