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
It is with concern, however, I am obliged to observe, that so marked has
been the inattention of the British court to every application which
has been made to them on any subject, by this government (not a single
answer I believe having ever been given to one of them, except in
the act of exchanging a minister), that it may become unavoidable, in
certain cases, where an answer of some sort is necessary, to consider
their silence as an answer. Perhaps this is their intention. Still,
however, desirous of furnishing no color of offence, we do not wish you
to name to them any term for giving an answer. Urge one as much as you
can without commitment, and on the first day of December be so good as
to give us information of the state in which this matter is, that it may
be received during the session of Congress.
The second article of the same instruction allows the armed vessels
of Great Britain to seize for condemnation all vessels, on their first
attempt to enter a blockaded port, except those of Denmark and Sweden,
which are to be prevented only, but not seized, on their first attempt.
Of the nations inhabiting the shores of the Atlantic ocean, and
practising its navigation, Denmark, Sweden, and the United States alone
are neutral. To declare then all neutral vessels (for as to the vessels
of the belligerent powers no order was necessary) to be legal prize,
which shall attempt to enter a blockaded port, except those of Denmark
and Sweden, is exactly to declare that the vessels of the United States
shall be lawful prize, and those of Denmark and Sweden shall not. It
is of little consequence that the article has avoided naming the United
States, since it has used a description applicable to them, and to them
alone, while it exempts the others from its operation by name. You will
be pleased to ask an explanation of this distinction: and you will be
able to say, in discussing its justice, that in every circumstance, we
treat Great Britain on the footing of the most favored nation where our
treaties do not preclude us, and that even these are just as favorable
to her, as hers are to us. Possibly she may be bound by treaty to admit
this exception in favor of Denmark and Sweden. But she cannot be bound
by treaty to withhold it from us. And if it be withheld merely because
not established with us by treaty, what might not we, on the same
ground, have withheld from Great Britain during the short course of the
present war, as well as the peace which preceded it?
Whether these explanations with the British government shall be verbal
or in writing, is left to yourself. Verbal communications are very
insecure; for it is only to deny them or to change their terms, in order
to do away their effect at any time. Those in writing have as many and
obvious advantages, and ought to be preferred, unless there be obstacles
of which we are not apprized. I have the honor to be, with great and
sincere esteem, Dear Sir, your most obedient, humble servant,
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