The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (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
MONTICELLO, February 24, 1823.
DEAR SIR,--I have read with much satisfaction the reply of Mr. Everett,
your brother, to the criticisms on his work on the state of Europe,
and concur with him generally in the doctrines of the reply. Certainly
_provisions_ are not allowed, by the consent of nations, to be contraband
but where everything is so, as in the ease of a blockaded town, with
which all intercourse is forbidden. On the question whether the principle
of "free bottoms making free goods, and enemy bottoms enemy goods," is
now to be considered as established in the law of nations, I will state
to you a fact within my own knowledge, which may lessen the weight of
our authority as having acted in the war of France and England on the
ancient principle "that the goods of an enemy in the bottom of a friend
are lawful prize; while those of a friend in an enemy bottom are not
so." England became a party in the general war against France on the
1st of February, 1793. We took immediately the stand of neutrality. We
were aware that our great intercourse with these two maritime nations
would subject us to harassment by multiplied questions on the duties
of neutrality, and that an important and early one would be which of
the two principles above stated should be the law of action with us? We
wished to act on the new one of "free bottoms free goods;" and we had
established it in our treaties with other nations, but not with England.
We determined therefore to avoid, if possible, committing ourselves on
this question until we could negotiate with England her acquiescence in
the new principle. Although the cases occurring were numerous, and the
ministers, Genet and Hammond, eagerly on the watch, we were able to avoid
any declaration until the massacre of St. Domingo. The whites, on that
occasion, took refuge on board our ships, then in their harbor, with
all the property they could find room for; and on their passage to the
United States, many of them were taken by British cruisers, and their
cargoes seized as lawful prize. The inflammable temper of Genet kindled
at once, and he wrote, with his usual passion, a letter reclaiming an
observance of the principle of "free bottoms free goods," as if already
an acknowledged law of neutrality. I pressed him in conversation not
to urge this point; that although it had been acted on by convention,
by the armed neutrality, it was not yet become a principle of universal
admission; that we wished indeed to strengthen it by our adoption, and
were negotiating an acquiescence on the part of Great Britain: but if
forced to decide prematurely, we must justify ourselves by a declaration
of the ancient principle, and that no general consent of nations had
as yet changed it. He was immoveable, and on the 25th of July wrote a
letter, so insulting, that nothing but a determined system of justice
and moderation would have prevented his being shipped home in the first
vessel.
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