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
SIR,--The President is informed through the channel of a letter from
yourself to Mr. Lear, that M. Duplaine, consul of France at Boston, has
lately, with an armed force, seized and rescued a vessel from the officer
of a court of justice, by process from which she was under arrest in his
custody: and that he has in like manner, with an armed force, opposed
and prevented the officer, charged with process from a court against
another vessel, from serving that process. This daring violation of the
laws requires the more attention, as it is by a foreigner clothed with a
public character, arrogating an unfounded right to admiralty jurisdiction,
and probably meaning to assert it by this act of force. You know that by
the law of nations, consuls are not diplomatic characters, and have no
immunities whatever against the laws of the land. To put this altogether
out of dispute, a clause was inserted in our consular convention
with France, making them amenable to the laws of the land, as other
inhabitants. Consequently, M. Duplaine is liable to arrest, imprisonment,
and other punishments, even capital, as other foreign subjects resident
here. The President therefore desires that you will immediately institute
such a prosecution against him, as the laws will warrant. If there be any
doubt as to the character of his offence, whether of a higher or lower
grade, it will be best to prosecute for that which will admit the least
doubt, because an acquittal, though it might be founded merely on the
opinion that the grade of offence with which he is _charged_ is higher
than his _act_ would support, yet it might be construed by the uninformed
to be a judiciary decision against his amenability to the law, or perhaps
in favor of the jurisdiction these consuls are assuming. The process
therefore, should be of the surest kind, and all the proceedings well
grounded. In particular, if an arrest, as is probable, be the first step,
it should be so managed as to leave room neither for escape nor rescue.
It should be attended with every mark of respect, consistent with safe
custody, and his confinement as mild and comfortable also, as that would
permit. These are the distinctions to which a consul is entitled, that is
to say, of a particular decorum of deportment towards him, indicative of
respect to the sovereign whose officer he is.
The President also desires you will immediately obtain the best evidence
it shall be in your power to procure, under oath or affirmation, of the
transaction stated in your letter, and that in this, you consider yourself
as acting as much on behalf of M. Duplaine as the public, the candid
truth of the case being exactly that which is desired, as it may be the
foundation of an act, the justice of which should be beyond all question.
This evidence I shall be glad to receive within as few days, or even
hours, of delay as possible.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account