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,--I have to acknowledge the receipt of your letter of the 7th
instant, on the subject of the British ship Rochampton, taken and sent
into Baltimore by the French privateer the Industry, an armed schooner of
St. Domingo, which is suggested to have augmented her force at Baltimore
before the capture. On this circumstance a demand is granted that the
prize she has made shall be restored.
Before I proceed to the matters of fact in this case, I will take the
liberty of calling your attention to the rules which are to govern it.
These are, I. That restitution of prizes has been made by the Executive
of the United States only in the two cases, 1st, of capture within their
jurisdiction, by armed vessels, originally constituted such without the
limits of the United States; or 2d, of capture, either within or without
their jurisdiction, by armed vessels, originally constituted such within
the limits of the United States, which last have been called proscribed
vessels.
II. That all _military equipments_ within the ports of the United States
are forbidden to the vessels of the belligerent powers, even where they
have been constituted vessels of war before their arrival in our ports;
and where such equipments have been made before detection, they are
ordered to be suppressed when detected, and the vessel reduced to her
original condition. But if they escape detection altogether, depart and
make prizes, the Executive has not undertaken to restore the prizes.
With due care, it can scarcely happen that military equipments of any
magnitude shall escape discovery. Those which are small may sometimes,
perhaps, escape, but to pursue these so far as to decide that the
smallest circumstance of military equipment to a vessel in our ports shall
invalidate her prizes through all time, would be a measure of incalculable
consequences. And since our interference must be governed by some general
rule, and between great and small equipments no practicable line of
distinction can be drawn, it will be attended with less evil on the whole
to rely on the efficacy of the means of prevention, that they will reach
with certainty equipments of any magnitude, and the great mass of those
of smaller importance also; and if some should in the event, escape all
our vigilance, to consider these as of the number of cases which will at
times baffle the restraints of the wisest and best-guarded rules which
human foresight can devise. And I think we may safely rely that since
the regulations which got into a course of execution about the middle of
August last, it is scarcely possible that equipments of any importance
should escape discovery.
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