Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3 eBook

This eBook from the Gutenberg Project consists of approximately 747 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3 eBook

This eBook from the Gutenberg Project consists of approximately 747 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3.

The real question is, whether the United States have not a right to protect vessels within their waters and on their coasts?  The Grange was taken within the Delaware, between the shores of Jersey and of the Delaware State, and several miles above its mouth.  The seizing her was a flagrant violation of the jurisdiction of the United States.  Mr. Genet, however, instead of apologizing, takes great merit in his letters for giving her up.  The William is said to have been taken within two miles of the shores of the United States.  When the admiralty declined cognizance of the case, she was delivered to the French Consul according to my letter of June the 25th, to be kept till the executive of the United States should examine into the case; and Mr. Genet was desired by my letter of June the 29th, to have them furnished with the evidence on behalf of the captors, as to the place of capture.  Yet to this day it has never been done.  The brig Fanny was alleged to be taken within five miles from our shore; the Catharine within two miles and a half.  It is an essential attribute of the jurisdiction of every country to preserve peace, to punish acts in breach of it, and to restore property taken by force within its limits.  Were the armed vessel of any nation to cut away one of our own from the wharves of Philadelphia, and to choose to call it a prize, would this exclude us from the right of redressing the wrong?  Were it the vessel of another nation, are we not equally bound to protect it, while within our limits?  Were it seized in any other of our waters, or on the shores of the United States, the right of redressing is still the same:  and humble indeed would be our condition, were we obliged to depend for that on the will of a foreign Consul, or on negotiation with diplomatic agents.  Accordingly, this right of protection within its waters and to a reasonable distance on its coasts, has been acknowledged by every nation, and denied to none:  and if the property seized be yet within their power, it is their right and duty to redress the wrong themselves.  France herself has asserted the right in herself and recognised it in us, in the sixth article of our treaty, where we mutually stipulate that we will, by all the means in our power (not by negotiation), protect and defend each other’s vessels and effects in our ports or roads, or on the seas near our countries, and recover and restore the same to the right owners.  The United Netherlands, Prussia, and Sweden, have recognised it also in treaties with us; and indeed it is a standing formula, inserted in almost all the treaties of all nations, and proving the principle to be acknowledged by all nations.

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