The Writings of Thomas Jefferson, Vol. 4 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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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 intention of the letter of June the 25th having been to permit such
vessels to remain in the custody of the consuls, instead of that of a
military guard (which, in the case of the ship William, appeared to have
been disagreeable to you), the indulgence was of course to be understood
as going only to cases which the executive might take, or keep possession
of, with a military guard, and not to interfere with the authority of
the courts of justice in any case wherein they should undertake to act.
My letter of June the 29th, accordingly, in the same case of the ship
William, informed you that no power in this country could take a vessel
out of the custody of the courts, and that it was only because they
decided not to take cognizance of that case, that it resulted to the
executive to interfere in it. Consequently, this alone put it in their
power to leave the vessel in the hands of the consul. The courts of
justice exercise the sovereignty of this country in judiciary matters;
are supreme in these, and liable neither to control nor opposition from
any other branch of the government. We learn, however, from the enclosed
paper, that the consul of New York, in the first instance, and yourself
in a subsequent one, forbid an officer of justice to serve the process
with which he was charged from his court, on the British brig William
Tell, taken by a French armed vessel within a mile of our shores, as has
been deposed on oath, and brought into New York, and that you had even
given orders to the French squadron there to protect the vessel against
any person who should attempt to take her from their custody. If this
opposition were founded, as is there suggested, on the indulgence of the
letters before cited, it was extending that to a case not within their
purview; and even had it been precisely the case to which they were to be
applied, is it possible to imagine you might assert it within the body of
the country by force of arms?
I forbear to make the observations which such a measure must suggest, and
cannot but believe that a moment's reflection will evince to you the depth
of the error committed in this opposition to an officer of justice, and
in the means proposed to be resorted to in support of it. I am therefore
charged to declare to you expressly, that the President expects and
requires that the officer of justice be not obstructed in freely and
peaceably serving the process of his court, and that in the meantime the
vessel and her cargo be not suffered to depart till the judiciary, if it
will undertake it, or himself if not, shall decide whether the seizure has
been made within the limits of our protection.
I have the honor to be, with great respect, Sir, your most obedient, and
most humble servant.
TO MR. COXE.
September 10, 1793.
Public-domain text, read in full here on John Shaqi.
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