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 am also instructed to ask the favor of you to communicate copies of any
memorials, representations or other written correspondence which may have
passed between the Governor and yourself, with respect to the privateers
and prizes which have been the subject of your letters to Mr. Lear.
I have the honor to be, with great respect, Sir, your most obedient
servant.
TO MR. HAMMOND.
PHILADELPHIA, September 5, 1793.
SIR,--I am honored with yours of August the 30th. Mine of the 7th of that
month assured you that measures were taking for excluding from all further
asylum in our ports, vessels armed in them to cruise on nations with which
we are at peace, and for the restoration of the prizes, the Lovely Lass,
Prince William Henry, and the Jane of Dublin, and that should the measures
for restitution fail in their effect, the President considers it as
incumbent on the United States, to make compensation for the vessels.
We are bound by our treaties with three of the belligerent nations,
_by all the means in our power_ to protect and defend their vessels and
effects in our ports or waters, or on the seas near our shores, and to
recover and restore the same to the right owners, when taken from them. If
all the means in our power are used, and fail in their effect, we are not
bound by our treaties with those nations to make compensation.
Though we have no similar treaty with Great Britain, it was the opinion of
the President that we should use towards that nation the same rule which,
under this article, was to govern us with the other nations; and even to
extend it to captures made on _the high seas_ and brought into our ports,
if done by vessels which had been armed within them.
Having, for particular reasons, forborne to use _all the measures in our
power_ for the restitution of the three vessels mentioned in my letter of
August the 7th, the President thought it incumbent on the United States
to make compensation for them; and though nothing was said in that letter
of other vessels taken under like circumstances, and brought in after
the 5th of June and _before the date of that letter_, yet where the same
forbearance had taken place, it was and is his opinion that compensation
would be equally due.
As to prizes made under the same circumstances, and brought in _after the
date of that letter_, the President determined that all the means in our
power should be used for their restitution. If these fail us, as we should
not be bound by our treaties to make compensation to the other powers, in
the analogous case, he did not mean to give an opinion that it ought to be
done to Great Britain. But still, if any cases shall arise subsequent to
that date, the circumstances of which shall place them on similar ground
with those before it, the President would think compensation equally
incumbent on the United States.
Public-domain text, read in full here on John Shaqi.
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