Surely not a syllable can be found in the last mentioned instrument, permitting the preparation of hostilities in the ports of the United States. It's object was to enjoin on our citizens a friendly conduct towards all the belligerent powers," but a preparation of hostilities is the reverse of this. None of the engagements in our treaties stipulate this permission. The XVIIth article of that of commerce, permits the armed vessels of either party, to enter the ports of the other, and to depart with their prizes freely but the entry of an armed vessel into a port, is one act; the equipping a vessel in that port, arming her, manning her, is a different one, and not engaged by any article of the Treaty. You think, Sir, that this opinion is also contrary to the law of nature and usage of nations. We are of opinion it is dictated by that Law and usage; and this had been very maturely inquired into before it was adopted as a principle of conduct. But we will not assume the exclusive right of saying what that law and usage is. Let us appeal to enlightened and disinterested Judges. None is more so than Vattel. He says L. 3. §. 104. "Tant qu'un peuple neutre veut jouir surement de cet état, il doit montrer en toutes choses une exacte impartialité entre ceux qui se font la guerre. Car s'il favorise l'un au préjudice de l'autre, il ne pourra pas se plaindre, quand celui-ci le traitera comme adhérent & associé de son ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne veut être la dupe.-Voyons donc en quoi consiste cette impartialité qu'un peuple neutre doit garder. "Elle se rapporte uniquement à la guerre, & comprend deux choses. 1°. Ne point donner de secours quand on n'y est pas obligé; ne fournir librement ne troupes, ni armes, ni munitions, ni rien de ce qui sert directement à la guerre. Je dis ne point donner de secours, & non pas en donner egalement; car il seroit absurde qu'un Etat secourût en même tems deux ennemis. Et puis il seroit impossible de la faire avec egalité; les mêmes choses, le même nombre de troupes, la même quantitié d'armes, de munitions, &c. fournies en des circonstances differentes, ne forment plus des secours equivalents." &c. If the neutral power may not, consistent with it's neutrality, furnish men to either party, for their aid in war, as little can either enrol them in the neutral territory, by the law of nations. Wolf §. 1174, Says, Puisque le droit de lever des soldats est un droit de majesté, qui ne peut être violé par une nation etrangere, il n'est pas permis de lever des soldats sur le territorie d'autrui, sans le consentement du maître du territorie." And Vattel, before cited, L. 3. §. 15. "Le droit de lever des soldats appartenant uniquement à la nation, ou au souverain, personne ne peut en envoler en pays etranger sans la permission du souveraine :-Ceux qui entre prennant d'engager des soldats en pays etranger sans la permission du Souverain, et en general quiconque débauche les sujets d'autrui, viole un des droits les plus sacrés du prince & de la nation. C'est le crime qu'on appelle plagiat, ou vol d'homme. Il n'est aucun Etat police qui ne le punisse tres sévérement." &c. For I chuse to refer you to the passage, rather than follow it thro' all its developments. The testimony of these, and other writers, on the law and usage of nations, with your own just reflections on them, will satisfy you that the United States in prohibiting all the belligerent powers from equipping, arming, and manning vessels of war in their ports, have exercised a right, and a duty with justice, and with great moderation. By our treaties with several of the belligerent powers, which are a part of the laws of our land, we have established a state of peace with them. But without appealing to treaties, we are at peace with them all by the law of nature. For by nature's law, man is at peace with man, till some aggression is committed, which, by the same law, authorizes one to destroy another as his enemy. For our citizens then, to commit murders and depredations on the members of nations at peace with us, or combine to do it, appeared to the Executive, and to those with whom they consulted, as much against the laws of the land, as to murder or rob, or combine to murder or rob it's own citizens, and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction. So say our laws as we understand them ourselves. To them the appeal is made, and whether we have construed them well or ill, the constitutional Judges will decide. Till that decision shall be obtained, the Government of the United States must pursue what they think right with firmness, as is their duty. On the first attempt that was made the President was desirous of involving in the censures of the law as few as might be. Such of the individuals only therefore as were citizens of the United States, were singled out for prosecution. But this second attempt being after full knowledge of what had been done on the first, and indicating a disposition to go on in opposition to the laws, they are to take their course against all persons concerned, whether citizens, or aliens; the latter, while within our Jurisdiction and enjoying the protection of the laws, being bound to obedience to them, and to avoid disturbances of our peace within, or acts which would commit it without, equally as Citi zens are. TO THE FRENCH MINISTER. J. MSS. PHILADELPHIA June 17, 1793. SIR, I have received and laid before the President, your letter of the 14th instant, stating that certain judiciary Officers of the United States, contrary to the law of nations, and to the treaties subsisting between France and the United States, had arrested certain Vessels and Cargoes taken by a French armed vessel and brought into this port, and desiring that the authority of the President might be interposed to restore the prizes with the damages for their detention. By the laws of this country every individual claiming a right to any Article of property, may demand process from a court of Justice, and decision on the validity of his claim. This is understood to be the case, which is the subject of your letter. Individuals claiming a right to the prizes, have attached them by process from the court of admiralty, which that Court was not free to deny, because justice is to be denied to no man. If, at the hearing of the cause, it shall be found that it is not cognizable before that court, you may so far rely on its learning and integrity as to be assured it will so pronounce of itself. In like manner, if, having jurisdiction of the causes, it shall find the right of the claimants to be null, be assured it will pronounce that nullity, and, in either case the property will be restored; but whether with damages or not, the court alone is to decide. It happens in this particular case that the rule of decision will be, not the municipal laws of the United States but the law of nations, and the Law maritime, as admitted and practised in all civilized countries; that the same sentence will be pronounced here that would be pronounced in the same case in the Republic of France, or in any other country of Europe; and that if it should be unfavorable to the captors, it will be for reasons understood and acknowledged in your own country, and for the justice of which we might safely appeal to the Jurists of your own country. I will add that if the seizure should be found contrary to the treaties subsisting between France and the United States, the Judges will consider these treaties as constituting a conventional Law for the two nations, controuling all other laws, and will decree accordingly. The functions of the Executive are not competent to the decision of Questions of property between Individuals. These are ascribed to the Judiciary alone, and when either persons or property are taken into their custody, there is no power in this country which can take them out. You will therefore be sensible, Sir, that though the President is not the Organ for doing what is just in the present case, it will be effectually done by those to whom the constitution has ascribed that duty, and be assured that the interests, the rights and the dignity of the French nation will receive within the Bosom of the United States all the support which a friendly nation could desire, and a natural one yield. TO THE FRENCH MINISTER. J. MSS. PHILADELPHIA, June 19, 1793. SIR,-According to the desire expressed in your letter of the 14th instant, the President will give the instructions necessary for the settlement of the instalments of principal and interest, still due from the United States to France. This is an act equally just and desirable for both parties; and although it had not been imagined that the materials for doing it were to be had here at this moment, yet we shall be pleased to find that they may. In the mean time, what is further to be done, will doubtless be the subject of further reflection and inquiry with you; and particularly the operation proposed in your letter will be viewed under all its aspects. Among these, we think it will present itself as a measure too questionable, both in principle and practicability, too deeply interesting to the credit of the United States, and too unpromising in its result to France, to be found eligible to yourself. Finally, we rest secure that what is of mutual concern will not be done but with mutual concert. TO THE FRENCH MINISTER.2 J. MSS. June 19th, 1793. SIR, I have the honor of yours of the 19th instant. In mine of the same date I had that of stating to you the of fact of the President's requisition to the privateers in question. The developement of it's terms & the inferences from them [are open to all, or may be left] to the occasion which shall call for them. Such occasion may never happen; but, if it does, the [President's justice] is a security that that will be done which shall be right. 1 Genet proposed to give "assignments" of the United State's debt to France to merchants in payment for produce. 2 This letter was submitted to Hamilton and Knox in the following letter: June 19, 1793. "Th: Jefferson has the honor to inclose to the Secretaries of the Treasury & war, draughts of two letters of this day's date to the Ministers of France and England. He confesses himself not satisfied with the letter altogether, as it has somewhat of the appearance of evasion. The gentlemen will be pleased to propose any alterations either may desire, handing the letters round to him to be finally submitted to the President." At the foot of his letter is written, in their own handwritings: Approved A. Hamilton 2 Here Hamilton has written in the margin: "Will it is conceived be most properly referred." 4 Here Hamilton has written in the margin: "Disposition which has been manifested." |