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
6. In a case like the present, where the missionary of one government
construes differently from that to which he is sent, the treaties and laws
which are to form a common rule of action for both, it would be unjust
in either to claim an exclusive right of construction. Each nation has an
equal right to expound the meaning of their common rules; and reason and
usage have established, in such cases, a convenient and well-understood
train of proceeding. It is the right and duty of the foreign missionary
to urge his own constructions, to support them with reasons which may
convince, and in terms of decency and respect which may reconcile the
government of the country to a concurrence. It is the duty of that
government to listen to his reasonings with attention and candor, and to
yield to them when just. But if it shall still appear to them that reason
and right are on their side, it follows of necessity, that exercising the
sovereign powers of the country, they have a right to proceed on their
own constructions and conclusions as to whatever is to be done within
their limits. The minister then refers the case to his own government,
asks new instructions, and, in the meantime, acquiesces in the authority
of the country. His government examines his constructions, abandons them
if wrong, insists on them if right, and the case then becomes a matter of
negotiation between the two nations. Mr. Genet, however, assumes a new
and bolder line of conduct. After deciding for himself ultimately, and
without respect to the authority of the country, he proceeds to do what
even his sovereign could not authorize, to put himself within the country
on a line with its government, to act as co-sovereign of the territory; he
arms vessels, levies men, gives commissions of war, independently of them,
and in direct opposition to their orders and efforts. When the government
forbids their citizens to arm and engage in the war, he undertakes to arm
and engage them. When they forbid vessels to be fitted in their ports
for cruising on nations with whom they are at peace, he commissions
them to fit and cruise. When they forbid an unceded jurisdiction to be
exercised within their territory by foreign agents, he undertakes to
uphold that exercise, and to avow it openly. The privateers Citoyen Genet
and Sans Culottes having been fitted out at Charleston (though without the
permission of the government, yet before it was forbidden) the President
only required they might leave our ports, and did not interfere with their
prizes. Instead, however, of their quitting our ports, the Sans Culottes
remains still, strengthening and equipping herself, and the Citoyen
Genet went out only to cruise on our coast, and to brave the authority
of the country by returning into port again with her prizes. Though in
the letter of June the 5th, the final determination of the President was
communicated, that no future armaments in our ports should be permitted,
Public-domain text, read in full here on John Shaqi.
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