The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
The element of measure adopted by the National Assembly excludes, _ipso
facto_, every nation on earth from a communion of measure with them; for
they acknowledge themselves, that a due portion for admeasurement of a
meridian crossing the forty-fifth degree of latitude, and terminating at
both ends in the same level, can be found in no other country on earth
but theirs. It would follow then, that other nations must trust to their
admeasurement, or send persons into their country to make it themselves,
not only in the first instance, but whenever afterwards they may wish to
verify their measures. Instead of concurring, then, in a measure which,
like the pendulum, may be found in every point of the forty-fifth degree,
and through both hemispheres, and consequently in all the countries of the
earth lying under that parallel, either northern or southern, they adopt
one which can be found but in a single point of the northern parallel,
and consequently only in one country, and that country is theirs.
I left with you a statement of the case of Schweighauser and Dobrée,
with the original vouchers on which it depends. From these you will have
known, that being authorized by Congress to settle this matter, I began
by offering to them an arbitration before honest and judicious men of a
neutral nation. They declined this, and had the modesty to propose an
arbitration before _merchants of their own town_. I gave them warning
then, that as the offer on the part of a sovereign nation to submit to a
private arbitration was an unusual condescendence, if they did not accept
it then, it would not be repeated, and that the United States would judge
the case for themselves hereafter. They continued to decline it, and the
case now stands thus. The territorial judge of France has undertaken
to call the United States to his jurisdiction, and has arrested their
property, in order to enforce appearance, and possess himself of a matter
whereon to found a decree; but no court can have jurisdiction over a
sovereign nation. This position was agreed to; but it was urged, that some
act of Mr. Barclay's had admitted the jurisdiction. It was denied that
there had been any such act by Mr. Barclay, and disavowed, if there was
one, as without authority from the United States, the property on which
the arrest was made, having been purchased by Dr. Franklin, and remaining
in his possession till taken out of it by the arrest. On this disavowal,
it was agreed that there could be no further contest, and I received
assurance that the property should be withdrawn from the possession of the
court by an evocation of the cause before the King's Council, on which,
without other proceedings, it should be delivered to the United States.
Applications were repeated as often as dignity or even decency would
permit; but it was never done. Thus the matter rests, and thus it is meant
it should rest. No answer of any kind is to be given to Schweighauser and
Dobrée.
Public-domain text, read in full here on John Shaqi.
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