Presidents -- United States -- Messages; United States -- Politics and government -- Sources
As little cause has the Government of France to complain of the seizure of
the Apollo and the removal of other vessels from the waters of the St.
Marys. It will not be denied that every nation has a right to regulate its
commercial system as it thinks fit and to enforce the collection of its
revenue, provided it be done without an invasion of the rights of other
powers. The violation of its revenue laws is an offense which all nations
punish, the punishment of which gives no just cause of complaint to the
power to which the offenders belong, provided it be extended to all
equally.
In this case every circumstance which occurred indicated a fixed purpose to
violate our revenue laws. Had the party intended to have pursued a fair
trade he would have entered the port of some other power, landed his goods
at the custom house according to law, and re-shipped and sent them in the
vessel of such power, or of some other power which might lawfully bring
them, free from such duties, to a port of the United States. But the
conduct of the party in this case was altogether different. He entered the
river St. Marys, the boundary line between the United States and Florida,
and took his position on the Spanish side, on which in the whole extent of
the river there was no town, no port or custom house, and scarcely any
settlement. His purpose, therefore, was not to sell his goods to the
inhabitants of Florida, but to citizens of the United States, in exchange
for their productions, which could not be done without a direct and
palpable breach of our laws. It is known that a regular systematic plan had
been formed by certain persons for the violation of our revenue system,
which made it the more necessary to check the proceeding in its
commencement.
That the unsettled bank of a river so remote from the Spanish garrisons and
population could give no protection to any party in such a practice is
believed to be in strict accord with the law of nations. It would not have
comported with a friendly policy in Spain herself to have established a
custom house there, since it could have subserved no other purpose than to
elude our revenue law. But the Government of Spain did not adopt that
measure. On the contrary, it is understood that the Captain-General of
Cuba, to whom an application to that effect was made by these adventurers,
had not acceded to it.
The condition of those Provinces for many years before they were ceded to
the United States need not now be dwelt on. Inhabited by different tribes
of Indians and an inroad for every kind of adventurer, the jurisdiction of
Spain may be said to have been almost exclusively confined to her
garrisons. It certainly could not extend to places where she had no
authority. The rules, therefore, applicable to settled countries governed
by laws could not be deemed so to the deserts of Florida and to the
occurrences there.
Public-domain text, read in full here on John Shaqi.
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