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
5. Another source of complaint with Mr. Genet has been, that the English
take French goods out of American vessels, which he says is against
the law of nations and ought to be prevented by us. On the contrary,
we suppose it to have been long an established principle of the law of
nations, that the goods of a friend are free in an enemy's vessel, and an
enemy's goods lawful prize in the vessel of a friend. The inconvenience
of this principle which subjects merchant vessels to be stopped at sea,
searched, ransacked, led out of their course, has induced several nations
latterly to stipulate against it by treaty, and to substitute another
in its stead, that free bottoms shall make free goods, and enemy bottoms
enemy goods; a rule equal to the other in point of loss and gain, but less
oppressive to commerce. As far as it has been introduced, it depends on
the treaties stipulating it, and forms exceptions, in special cases, to
the general operation of the law of nations. We have introduced it into
our treaties with France, Holland and Prussia; and French goods found
by the two latter nations in American bottoms are not made prize of. It
is our wish to establish it with other nations. But this requires their
consent also, is a work of time, and in the meanwhile, they have a right
to act on the general principle, without giving to us or to France cause
of complaint. Nor do I see that France can lose by it on the whole. For
though she loses _her_ goods when found in our vessels by the nations
with whom we have no treaties, yet she gains _our_ goods, when found in
the vessels of the same and all other nations; and we believe the latter
mass to be greater than the former. It is to be lamented, indeed, that
the general principle has operated so cruelly in the dreadful calamity
which has lately happened in St. Domingo. The miserable fugitives, who,
to save their lives, had taken asylum in our vessels, with such valuable
and portable things as could be gathered in the moment out of the ashes of
their houses and wrecks of their fortunes, have been plundered of these
remains by the licensed sea rovers of their enemies. This has swelled,
on this occasion, the disadvantages of the general principle, that "an
enemy's goods are free prize in the vessels of a friend." But it is one of
those deplorable and unforeseen calamities to which they expose themselves
who enter into a state of war, furnishing to us an awful lesson to avoid
it by justice and moderation, and not a cause or encouragement to expose
our own towns to the same burning and butcheries, nor of complaint because
we do not.
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