The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 5 (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
DEAR SIR,--Your letters of July 31st and August 5th were received
yesterday. The ground taken in conformity with the Act of Congress, of
considering as public enemies British armed vessels in or entering our
waters, gives us the benefit of a system of rules, sanctioned by the
practice of nations in a state of war, and consequently enabling us
with certainty and satisfaction to solve the different cases which may
occur in the present state of things. With these rules most officers are
acquainted, and especially those old enough to have borne a part in the
revolutionary war.
1. As to the enemy within our waters, intercourse, according to the
usages of war, can only be by flag; and the ceremonies respecting that are
usually a matter of arrangement between the adverse officers commanding in
the neighborhood of each other. If no arrangement is agreed on, still the
right of sending a flag is inherent in each party, whose discretion will
direct him to address it to the proper adverse authority; as otherwise
it would be subject to delay or rejection. Letters addressed by flag
to persons in authority with the adverse power, may be sent sealed, and
should be delivered. But, if to others, or to their own friends happening
to be within the limits of the adversary, they must be open. If innocent
in the judgment of the receiving officer, courtesy requires their
delivery; if otherwise, they may be destroyed or returned by him; but in
a case of only suspended amity, as ours, they should be returned. Letters
sent from the interdicted vessels to their consul in Norfolk must be open;
and the propriety of delivering them judged of by our officer, tempering
his judgment however with liberality and urbanity. Those to their minister
plenipotentiary here, sealed or unsealed, should be sent to the Secretary
of State without any delay. As to the demand of fugitive slaves, it was
the custom during the late war, for the owner to apply to our commander
for a flag, and to go himself with that, to exhibit his claim and receive
the fugitive. And with respect to Americans detained on board their ships,
the application should be still, as heretofore, made through the Secretary
of State, to whose proper documents are to be furnished. But without
waiting for his application, the British officer, knowing them to be
Americans and freemen, cannot but feel it a duty to restore them to their
liberty on their own demand.
Public-domain text, read in full here on John Shaqi.
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