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
I. I know of no recent orders to Governor Claiborne as to the navigation
of the Mississippi, Uberville, and Pontchartrain; he should specify them,
but he may be told that no order has ever been given contrary to the
rights of Spain. These rights are, 1st, a treaty right that "the ships
of Spain coming directly from Spain or her colonies, loaded only _with
the produce_ or manufactures of Spain or her colonies, shall be admitted
during the space of twelve years in the ports of New Orleans, and in all
other legal ports of entry within the ceded territory, in the same manner
as the ships of the United States, &c." 2d. A right of innocent passage
from the mouth of the Mississippi to 31° of latitude, exactly commensurate
with our right of innocent passage up the rivers of Florida to 31° of
latitude.
II. In answer to his question whether we consider Mobile among the ports
of the United States, he may be told that so long as we consider the
question whether the Perdido is not the eastern boundary of Louisiana, as
continuing in a train of amicable proceedings for adjustment, so long that
part only of the river Mobile, which is above 31° of latitude, will be
considered among the ports of the United States, withholding the exercise
of jurisdiction on our part within the disputed territory, on the general
principle of letting things remain in _statu quo pendente lite_.
There is nothing else in this letter worth answering.
TO WILLIAM LYMAN, ESQ.
WASHINGTON, April 30, 1803.
SIR,--Your favor of the 11th of July came to hand a little before
the meeting of Congress, and soon after I received the apparatus for
stylographic writing, which you were so kind as to send me, for which I
pray you to receive my particular thanks.
Public-domain text, read in full here on John Shaqi.
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