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
SIR,--As in cases where vessels are reclaimed by the subjects or citizens
of the belligerent powers as having been taken within the jurisdiction
of the United States, it becomes necessary to ascertain that fact by
testimony taken according to the laws of the United States. The Governors
of the several States to whom the application will be made in the first
instance, are desired immediately to notify thereof the Attorney's of
their respective districts. The Attorney is thereupon instructed to
give notice to the principal agent of both parties who may have come in
with the prize, and also to the consuls of the nations interested, and
to recommend to them to appoint, by mutual consent, arbiters to decide
whether the capture was made within the jurisdiction of the United States,
as stated to you in my letter of the 8th instant; according to whose
award the Governor may proceed to deliver the vessel to the one or the
other party. But in case the parties or consuls shall not agree to name
arbiters, then the Attorney, or some person substituted by him, is to
notify them of the time and place, when and where he will be, in order to
take the depositions of such witnesses as they may cause to come before
him, which depositions he is to transmit for the information and decision
of the President.
It has been thought best to put this business into such a train as that
the examination of the fact may take place immediately, and before the
witnesses may have again departed from the United States, which would too
frequently happen, and especially in the distant States, if it should be
deferred until information is sent to the Executive, and a special order
awaited to take the depositions.
I take the liberty of requesting that you will be pleased to give such
instructions to the consuls of your nation as may facilitate the object
of this regulation. I urge it with the more earnestness because as
the attorneys of the districts are for the most part engaged in much
business of their own, they will rarely be able to attend more than one
appointment, and consequently the party who should fail from negligence or
other motive to produce his witnesses, at the time and place appointed,
might lose the benefit of their testimony altogether. This prompt
procedure is the more to be insisted on, as it will enable the President,
by an immediate delivery of the vessel and cargo to the party having
title, to prevent the injuries consequent on long delay.
I have the honor to be, with great respect, Sir, your most obedient, and
most humble servant.
TO THE MINISTER PLENIPOTENTIARY TO GREAT BRITAIN.
GERMANTOWN, November 14th, 1793.
Public-domain text, read in full here on John Shaqi.
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