Presidents -- United States -- Messages; United States -- Politics and government -- Sources
In this posture of affairs, both new and delicate, I resolved to adopt
general rules which should conform to the treaties and assert the
privileges of the United States. These were reduced into a system, which
will be communicated to you. Although I have not thought of myself at
liberty to forbid the sale of the prizes permitted by our treaty of
commerce with France to be brought into our ports, I have not refused to
cause them to be restored when they were taken within the protection of our
territory, or by vessels commissioned or equipped in a warlike form within
the limits of the United States.
It rests with the wisdom of Congress to correct, improve, or enforce this
plan of procedure; and it will probably be found expedient to extend the
legal code and the jurisdiction of the courts of the United States to many
cases which, though dependent on principles already recognized, demand some
further provisions.
Where individuals shall, within the United States, array themselves in
hostility against any of the powers at war, or enter upon military
expeditions or enterprises within the jurisdiction of the United States, or
usurp and exercise judicial authority within the United States, or where
the penalties on violations of the law of nations may have been
indistinctly marked, or are inadequate--these offenses can not receive too
early and close an attention, and require prompt and decisive remedies.
Whatsoever those remedies may be, they will be well administered by the
judiciary, who possess a long-established course of investigation,
effectual process, and officers in the habit of executing it.
In like manner, as several of the courts have doubted, under particular
circumstances, their power to liberate the vessels of a nation at peace,
and even of a citizen of the United States, although seized under a false
color of being hostile property, and have denied their power to liberate
certain captures within the protection of our territory, it would seem
proper to regulate their jurisdiction in these points. But if the Executive
is to be the resort in either of the two last-mentioned cases, it is hoped
that he will be authorized by law to have facts ascertained by the courts
when for his own information he shall request it.
Public-domain text, read in full here on John Shaqi.
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