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 real question is, whether the United States have not a right to
protect vessels within their waters and on their coasts? The Grange
was taken within the Delaware, between the shores of Jersey and of the
Delaware State, and several miles above its mouth. The seizing her was a
flagrant violation of the jurisdiction of the United States. Mr. Genet,
however, instead of apologizing, takes great merit in his letters for
giving her up. The William is said to have been taken within two
miles of the shores of the United States. When the admiralty declined
cognizance of the case, she was delivered to the French Consul according
to my letter of June the 25th, to be kept till the executive of the
United States should examine into the case; and Mr. Genet was desired by
my letter of June the 29th, to have them furnished with the evidence on
behalf of the captors, as to the place of capture. Yet to this day it
has never been done. The brig Fanny was alleged to be taken within five
miles from our shore; the Catharine within two miles and a half. It is
an essential attribute of the jurisdiction of every country to preserve
peace, to punish acts in breach of it, and to restore property taken by
force within its limits. Were the armed vessel of any nation to cut away
one of our own from the wharves of Philadelphia, and to choose to call
it a prize, would this exclude us from the right of redressing the
wrong? Were it the vessel of another nation, are we not equally bound to
protect it, while within our limits? Were it seized in any other of our
waters, or on the shores of the United States, the right of redressing
is still the same: and humble indeed would be our condition, were
we obliged to depend for that on the will of a foreign Consul, or
on negotiation with diplomatic agents. Accordingly, this right of
protection within its waters and to a reasonable distance on its coasts,
has been acknowledged by every nation, and denied to none: and if the
property seized be yet within their power, it is their right and duty to
redress the wrong themselves. France herself has asserted the right in
herself and recognised it in us, in the sixth article of our treaty,
where we mutually stipulate that we will, by all the means in our
power (not by negotiation), protect and defend each other’s vessels and
effects in our ports or roads, or on the seas near our countries,
and recover and restore the same to the right owners. The United
Netherlands, Prussia, and Sweden, have recognised it also in treaties
with us; and indeed it is a standing formula, inserted in almost all the
treaties of all nations, and proving the principle to be acknowledged by
all nations.
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