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 am also instructed to ask the favor of you to communicate copies of
any memorials, representations, or other written correspondence which
may have passed between the Governor and yourself, with respect to the
privateers and prizes which have been the subject of your letters to Mr.
Lear.
I have the honor to be, with great respect, Sir, your most obedient
servant,
Th: Jefferson.
LETTER CLXVI.--TO MR. HAMMOND, September 5, 1793
TO MR. HAMMOND.
Philadelphia, September 5, 1793.
I am honored with yours of August the 30th. Mine of the 7th of that
month assured you that measures were taking for excluding from all
further asylum in our ports, vessels armed in them to cruise on nations
with which we are at peace, and for the restoration of the prizes,
the Lovely Lass, Prince William Henry, and the Jane of Dublin and that
should the measures for restitution fail in their effect, the President
considers it as incumbent on the United States, to make compensation for
the vessels. We are bound by our treaties with three of the belligerent
nations, by all the means in our power to protect and defend their
vessels and effects in our ports or waters, or on the seas near our
shores, and to recover and restore the same to the right owners when
taken from them. If all the means in our power are used and fail in
their effect, we are not bound by our treaties with those nations to
make compensation.
Though we have no similar treaty with Great Britain, it was the opinion
of the President that we should use towards that nation the same rule,
which, under this article, was to govern us with the other nations; and
even to extend it to captures made on the high seas and brought into our
ports, if done by vessels which had been armed within them.
Having, for particular reasons, forborne to use all the measures in our
power for the restitution of the three vessels mentioned in my letter of
August the 7th, the President thought it incumbent on the United States
to make compensation for them: and though nothing was said in that
letter of other vessels taken under like circumstances, and brought in
after the 5th of June and before the date of that letter, yet where
the same forbearance had taken place, it was and is his opinion that
compensation would be equally due.
As to prizes made under the same circumstances, and brought in after the
date of that letter, the President determined that all the means in
our power should be used for their restitution If these fail us, as we
should not be bound by our treaties to make compensation to the other
powers, in the analogous case he did not mean to give an opinion that it
ought to be done to Great Britain. But still, if any cases shall arise
subsequent to that date the circumstances of which shall place them
on similar ground with those before it, the President would think
compensation equally incumbent on the United States.
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