The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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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 law of nations does not of itself extend to consuls at all. They are
not of the diplomatic class of characters, to which alone that law extends
of right. Convention, indeed, may give it to them, and sometimes has done
so; but in that case, the convention can be produced. In ours with France,
it is expressly declared that consuls shall not have the privileges of
that law, and we have no convention with any other nation.
Congress have had before them a bill on the subject of consuls, but have
not as yet passed it. Their code then furnishes no law to govern these
cases.
Consequently, _they are to be decided by the State laws alone_. Some of
these, I know, have given certain privileges to consuls; and I think those
of Virginia did at one time. Of the extent and continuance of those laws,
you are a better judge than I am.
Independently of law, consuls are to be considered as distinguished
foreigners, dignified by a commission from their sovereign, and specially
recommended by him to the respect of the nation with whom they reside.
They are subject to the laws of the land, indeed, precisely as other
foreigners are, a convention, where there is one, making a part of the
laws of the land: but if at any time, their conduct should render it
necessary to assert the authority of the laws over them, the rigor of
those laws should be tempered by our respect for their sovereign, as far
as the case will admit. This moderate and respectful treatment towards
foreign consuls, it is my duty to recommend and press on our citizens,
because I ask it for their good towards our own consuls, from the people
with whom they reside.
In what I have said, I beg leave to be understood as laying down general
principles only, and not as applying them to the facts which may have
arisen. Before such application, those facts should be heard from all
whom they interest. You, who have so heard them, will be able to make the
application yourself, and that, not only in the present, but in future
cases.
I have the honor to be, with great esteem, your most obedient humble
servant.
TO MR. HAMMOND.
October 26, 1791.
Public-domain text, read in full here on John Shaqi.
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