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
6. In a case like the present, where the missionary of one government
construes differently from that to which he is sent, the treaties and
laws which are to form a common rule of action for both, it would be
unjust in either to claim an exclusive right of construction. Each
nation has an equal right to expound the meaning of their common rules;
and reason and usage have established, in such cases, a convenient and
well understood train of proceeding. It is the right and duty of the
foreign missionary to urge his own constructions, to support them with
reasons which may convince, and in terms of decency and respect which
may reconcile the government of the country to a concurrence. It is the
duty of that government to listen to his reasonings with attention and
candor, and to yield to them when just. But if it shall still appear to
them that reason and right are on their side, it follows of necessity,
that exercising the sovereign powers of the country, they have a right
to proceed on their own constructions and conclusions as to whatever is
to be done within their limits. The minister then refers the case to his
own government, asks new instructions, and, in the mean time,
acquiesces in the authority of the country. His government examines his
constructions, abandons them if wrong, insists on them if right, and the
case then becomes a matter of negotiation between the two nations. Mr.
Genet, however, assumes a new and bolder line of conduct. After deciding
for himself ultimately, and without respect to the authority of the
country, he proceeds to do what even his sovereign could not authorize,
to put himself within the country on a line with its government, to act
as co-sovereign of the territory; he arms vessels, levies men, gives
commissions of war, independently of them, and in direct opposition to
their orders and efforts. When the government forbids their citizens to
arm and engage in the war, he undertakes to arm and engage them. When
they forbid vessels to be fitted in their ports for cruising on nations
with whom they are at peace, he commissions them to fit and cruise.
When they forbid an unceded jurisdiction to be exercised within their
territory by foreign agents, he undertakes to uphold that exercise, and
to avow it openly. The privateers Citoyen Genet and Sans Culottes having
been fitted out at Charleston (though without the permission of the
government, yet before it was forbidden) the President only required
they might leave our ports, and did not interfere with their prizes.
Instead, however, of their quitting our ports, the Sans Culottes remains
still, strengthening and equipping herself, and the Citoyen Genet went
out only to cruise on our coast, and to brave the authority of the
country by returning into port again with her prizes. Though in the
letter of June the 5th, the final determination of the President was
communicated, that no future armaments in our ports should be permitted,
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