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
Th: Jefferson.
LETTER CLXVIII.--TO MR. HAMMOND, September 9, 1793
TO MR. HAMMOND.
Philadelphia, September 9, 1793.
Sir,
I have the honor to acknowledge the receipt of your two memorials of the
4th and 6th instant, which have been duly laid before the President of
the United States.
You cannot be uninformed of the circumstances which have occasioned
the French squadron now in New York to seek asylum in the ports of
the United States. Driven from those where they were on duty, by the
superiority of the adverse party in the civil war which has so unhappily
afflicted the colonies of France, filled with the wretched fugitives
from the same scenes of distress and desolation, without water or
provisions for the shortest voyage, their vessels scarcely in a
condition to keep the sea at all, they were forced to seek the nearest
ports in which they could be received and supplied with necessaries.
That they have ever been out again to cruise, is a fact we have never
learned, and which we believe to be impossible, from the information
received of their wants and other impediments to active service. This
case has been noted specially, to show that no inconvenience can have
been produced to the trade of the other belligerent powers, by the
presence of this fleet in our harbors. I shall now proceed to more
general ground.
France, England, and all other nations have a right to cruise on our
coasts; a right not derived from our permission, but from the law of
nature. To render this more advantageous, France has secured to herself,
by a treaty with us, (as she has done also by a treaty with Great
Britain, in the event of a war with us or any other nation) two special
rights. 1. Admission for her prizes and privateers into our ports.
This, by the seventeenth and twenty-second articles, is secured to her
exclusively of her enemies, as is done for her in the like case by
Great Britain, were her present war with us instead of Great Britain.
2. Admission for her public vessels of war into our ports, in cases
of stress of weather, pirates, enemies, or other urgent necessity, to
refresh, victual, repair, &c. This is not exclusive. As then we are
bound by treaty to receive the public armed vessels of France, and
are not bound to exclude those of her enemies, the executive has never
denied the same right of asylum in our ports to the public armed vessels
of your nation. They, as well as the French, are free to come into them
in all cases of weather, piracies, enemies, or other urgent necessity,
and to refresh, victual, repair, &c. And so many are these urgent
necessities, to vessels far from their own ports, that we have thought
inquiries into the nature as well as the degree of the necessities,
which drive them hither, as endless as they would be fruitless, and
therefore have not made them. And the rather, because there is a third
right, secured to neither by treaty, but due to both on the principles
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