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
I believe it cannot be doubted, but that by the general law of nations,
the goods of a friend found in the vessel of an enemy are free, and the
goods of an enemy found in the vessel of a friend are lawful prize.
Upon this principle, I presume, the British armed vessels have taken
the property of French citizens found in our vessels, in the cases
above mentioned, and I confess I should be at a loss on what principle
to reclaim it. It is true that sundry nations, desirous of avoiding the
inconveniences of having their vessels stopped at sea, ransacked, carried
into port and detained, under pretence of having enemy goods aboard, have
in many instances introduced by their special treaties another principle
between them, that enemy bottoms shall make enemy goods, and friendly
bottoms friendly goods; a principle much less embarrassing to commerce,
and equal to all parties in point of gain and loss. But this is altogether
the effect of particular treaty, controlling in special cases the general
principle of the law of nations, and therefore taking effect between
such nations only as have so agreed to control it. England has generally
determined to adhere to the rigorous principle, having, in no instance,
as far as I recollect, agreed to the modification of letting the property
of the goods follow that of the vessel, except in the single one of her
treaty with France. We have adopted this modification in our treaties
with France, the United Netherlands and Russia; and therefore, as to
them, our vessels cover the goods of their enemies, and we lose our goods
when in the vessels of their enemies. Accordingly, you will be pleased to
recollect, that in the late case of Holland and Mackie, citizens of the
United States, who had laden a cargo of flour on board a British vessel,
which was taken by the French frigate l'Ambuscade and brought into this
port, when I reclaimed the cargo it was only on the ground that they were
ignorant of the declaration of war when it was shipped. You observed,
however, that the 14th article of our treaty had provided that ignorance
should not be pleaded beyond two months after the declaration of war,
which term had elapsed in this case by some days, and finding that to
be the truth, though their real ignorance of the declaration was equally
true, I declined the reclamation, as it never was in my view to reclaim
the cargo, nor apparently in yours, to offer to restore it, by questioning
the rule established in our treaty, that enemy bottoms make enemy goods.
With England, Spain, Portugal and Austria, we have no treaties; therefore,
we have nothing to oppose to their acting according to the general law
of nations, that enemy goods are lawful prize though found in the bottom
of a friend. Nor do I see that France can suffer on the whole; for though
she loses her goods in our vessels when found therein by England, Spain,
Portugal, or Austria, yet she gains our goods when found in the vessels
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