The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (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
Our citizens who have joined in these hostilities against nations at
peace with the United States, are they punishable? E. Randolph gave an
official opinion--they were. Thomas Jefferson, Hamilton and Knox joined
in the opinion. All thought it our duty to have prosecutions instituted
against them, that the laws might pronounce on their case. In the first
instance, two only were prosecuted merely to try the question, and to
satisfy the complaint of the British men; and because it was thought they
might have offended unwittingly. But a subsequent armament of a vessel
at New York taking place with full knowledge of this prosecution, all
the persons engaged in it, citizens and foreigners, were ordered to be
prosecuted.
May the prohibition extend to the means of the party arming, or are they
only prohibited from using our means for the annoyance of their enemies?
Thomas Jefferson of opinion they are free to use their own means, _i. e._,
to mount their own guns, &c. Hamilton and Knox of opinion they are not
to put even their own implements or means into a posture of annoyance.
The President has as yet not decided this.
May an armed vessel arriving here be prohibited to employ their own
citizens found here as seamen or mariners? Thomas Jefferson,--They cannot
be prohibited to recruit their own citizens. Hamilton and Knox,--They
may and ought to be prohibited. No decision yet by the President.
It appears to me the President wished the Little Sarah had been stopped
by military coercion, that is, by firing on her; yet I do not believe
he would have ordered it himself had he been here, though he would
be glad if we had ordered it. The United States being a ship-building
nation, may they sell ships, prepared for war, to both parties? Thomas
Jefferson,--They may sell such ships in their ports to both parties,
or carry them for sale to the dominions of both parties. E. Randolph
of opinion they could not sell them here; and that if they attempted to
carry them to the dominions of the parties for sale, they might be seized
by the way as _contraband_. Hamilton of same opinion, except that he did
not consider them as seizable for contraband, but as the property of a
power, making itself a party in the _war_ by an aid of such a nature,
and consequently that it would be a breach of neutrality.
Hamilton moves that the government of France be desired to recall Mr.
Genet. Knox adds that he be in the meantime suspended from his functions.
Thomas Jefferson proposes that his correspondence be communicated to
his government, with friendly observations. President silent.
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