The Writings of Thomas Jefferson, Vol. 4 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 4 (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
PHILADELPHIA, July 14, 1793.
DEAR SIR,--Your favor of June 27th, has been duly received. You have
most perfectly seized the _original_ idea of the proclamation. When first
proposed as a declaration of neutrality, it was opposed, first, because
the Executive had no power to declare neutrality. Second, as such a
declaration would be premature, and would lose us the benefit for which
it might be bartered. It was urged that there was a strong impression
in the minds of many that they were free to join in the hostilities on
the side of France, others were unapprised of the danger they would be
exposed to in carrying contraband goods, &c. It was therefore agreed that
a proclamation should issue, declaring that we were in a state of peace,
admonishing the people to do nothing contravening it, and putting them on
their guard as to contraband. On this ground it was accepted or acquiesced
in by all, and E. R., who drew it, brought it to me, the draught, to
let me see there was no such word as _neutrality_ in it. Circumstances
forbid other verbal criticisms. The public, however, soon took it up as
a declaration of neutrality, and it came to be considered at length as
such. The arming privateers in Charleston, with our means entirely, and
partly our citizens, was complained of in a memorial from Mr. Hammond.
In our consultation it was agreed we were by treaty _bound_ to prohibit
the enemies of France from arming in our ports, and were free to prohibit
France also, and that by the laws of neutrality we are bound to permit or
forbid the same things to both, as far as our treaties would permit. All,
therefore, were forbidden to arm within our ports, and the vessels armed
before the prohibition were on the advice of a majority ordered to leave
our ports. With respect to our citizens who had joined in hostilities
against a nation with whom we are at peace, the subject was thus viewed.
Treaties are law. By the treaty with England we are in a state of peace
with her. He who breaks that peace, if within our jurisdiction, breaks
the laws, and is punishable by them. And if he is punishable he ought to
be punished, because no citizen should be free to commit his country to
war. Some vessels were taken within our bays. There, foreigners as well
as natives are liable to punishment. Some were committed in the high
seas. There, as the sea is a common jurisdiction to all nations, and
divided _by persons_, each having a right to the jurisdiction over their
own citizens only, our citizens only were punishable by us. But they
were so, because within our jurisdiction. Had they gone into a _foreign
land_ and committed a hostility, they would have been clearly out of
our jurisdiction and unpunishable by the existing laws. As the armament
in Charleston had taken place before our citizens might have reflected
on the case, only two were prosecuted, merely to satisfy the complaint
made, and to serve as a warning to others.
Public-domain text, read in full here on John Shaqi.
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