The Diplomatic Correspondence of the American Revolution, Vol. 12
History
The Diplomatic Correspondence of the American Revolution, Vol. 12
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
You tell me that the Executive of Virginia refused the passports,
because they deemed the commerce and intercourse with the enemy to be
dangerous. There can be no doubt, that a commerce with the enemy is
not only dangerous but highly reprehensible, and if the transaction in
question could be considered as a commerce of that sort, I would
readily join in the censure. But if there was a commerce, it was by
the capitulation, and the present object relates only to the mode of
paying a debt already contracted under that solemn agreement.
You tell me, also, that it is the Governor's opinion, that the State
should have the benefit resulting from the passports, because the
undoubted power of granting such passports is in the State; and in
another letter you say it has been urged in argument, that Congress
have no right to grant the passports. As the right is thus brought in
question, it is to be presumed, that should that right be in Congress,
the Governor's argument must operate in their favor. If I am rightly
informed, their right on this occasion is not only unquestionable, but
it is exclusive; and I am told that numerous instances have occurred
in which vessels having passports from one State have been captured by
the privateers of another State, and been adjudged lawful prize. Judge
Griffin, who is now in Virginia, can doubtless give information on
this subject, and if one could be allowed to determine where the right
is from where it ought to be, there can be no doubt but that it must
be in Congress. If this be so, then the assertions about delivering
the rights of Virginia into the hands of Congress, must be considered
as nothing more than mere flowers of rhetoric, which are very good to
please an audience, but ought not to influence or convince a
legislative body.
Public-domain text, read in full here on John Shaqi.
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