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
The real question is, whether the United States have not a right to
protect vessels within their waters and on their coasts? The Grange
was taken within the Delaware, between the shores of Jersey and of the
Delaware State, and several miles above its mouth. The seizing her was a
flagrant violation of the jurisdiction of the United States. Mr. Genet,
however, instead of apologizing, takes great merit in his letters for
giving her up. The William is said to have been taken within two miles of
the shores of the United States. When the admiralty declined cognizance of
the case, she was delivered to the French consul according to my letter of
June the 25th, to be kept till the executive of the United States should
examine into the case; and Mr. Genet was desired by my letter of June the
29th, to have them furnished with the evidence on behalf of the captors,
as to the place of capture. Yet to this day it has never been done. The
brig Fanny was alleged to be taken within five miles from our shore; the
Catharine within two miles and a half. It is an essential attribute of the
jurisdiction of every country to preserve peace, to punish acts in breach
of it, and to restore property taken by force within its limits. Were the
armed vessel of any nation to cut away one of our own from the wharves of
Philadelphia, and to chose to call it a prize, would this exclude us from
the right of redressing the wrong? Were it the vessel of another nation,
are we not equally bound to protect it, while within our limits? Were it
seized in any other of our waters, or on the shores of the United States,
the right of redressing is still the same; and humble indeed would be our
condition, were we obliged to depend for that on the will of a foreign
consul, or on negotiation with diplomatic agents. Accordingly, this
right of protection within its waters and to a reasonable distance on its
coasts, has been acknowledged by every nation, and denied to none; and if
the property seized be yet within their power, it is their right and duty
to redress the wrong themselves. France herself has asserted the right
in herself and recognized it in us, in the sixth article of our treaty,
where we mutually stipulate that we will, _by all the means in our power_
(not by negotiation), protect and defend each other's vessels and effects
in our ports or roads, or on the seas near our countries, and recover and
restore the same to the right owners. The United Netherlands, Prussia and
Sweden, have recognized it also in treaties with us; and, indeed, it is a
standing formula, inserted in almost all the treaties of all nations, and
proving the principle to be acknowledged by all nations.
Public-domain text, read in full here on John Shaqi.
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