The Writings of Thomas Jefferson, Vol. 4 (of 9). Томас Джефферсон
of the Executive, the President has hitherto permitted the Consul of the captor to hold the prize until his determinations is known. But in all cases respecting a neutral nation, their vessels are placed exactly on the same footing with our own, entitled to the same remedy from our courts of justice and the same protection from the Executive, as our own vessels in the same situation. The remedy in the courts of justice, the only one which they or our own can have access to, is slower than where it lies with the Executive, but it is more complete, as damages can be given by the Court but not by the Executive. The President will gladly avail himself of any information you can at any time give him where his interference may be useful to the vessels or subjects of his Danish Majesty, the desire of the United States being to extend to the vessels and subjects of that crown, as well as to those of his Swedish Majesty, the same protections as is given to those of our own citizens.
I have the honor to be, with much respect, Sir, your most obedient servant.
TO MR. GENET
Sir,—In my letter of October the 2d, I took the liberty of noticing to you, that the commission of consul to M. Dannery, ought to have been addressed to the President of the United States. He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nation, and whatever he communicates as such, they have a right and are bound to consider as the expression of the nation, and no foreign agent can be allowed to question it, to interpose between him and any other branch of government, under the pretext of either's transgressing their functions, nor to make himself the umpire and final judge between them. I am, therefore, Sir, not authorized to enter into any discussions with you on the meaning of our Constitution in any part of it, or to prove to you that it has ascribed to him alone the admission or interdiction of foreign agents. I inform you of the fact by authority from the President. I had observed to you, that we were persuaded in the case of the consul Dannery, the error in the address had proceeded from no intention in the Executive Council of France to question the functions of the President, and therefore no difficulty was made in issuing the commissions. We are still under the same persuasion. But in your letter of the 14th instant, you personally question the authority of the President, and in consequence of that, have not addressed to him the commission of Messrs. Pennevert and Chervi. Making a point of this formality on your part, it becomes necessary to make a point of it on ours also; and I am therefore charged to return you those commissions, and to inform you, that bound to enforce respect to the order of things established by our Constitution, the President will issue no Exequatur to any consul or vice-consul, not directed to him in the usual form, after the party from whom it comes has been apprized that such should be the address.
I have the honor to be, with respect, Sir, your most obedient, and most humble servant.
TO MR. PINCKNEY
Dear Sir,—My last letters to you were of the 11th and 14th of September, since which I have received yours of July 5, 8, August 1, 15, 27, 28. The fever, which at that time had given alarm in Philadelphia, became afterwards far more destructive than had been apprehended, and continued much longer, from the uncommon drought and warmth of the autumn. On the first day of this month the President and heads of the department assembled here. On that day, also, began the first rains which had fallen for some months. They were copious, and from that moment the infection ceased, no new subject took it, and those before infected either died or got well, so that the disease terminated most suddenly. The inhabitants who had left the city, are now all returned, and business going on again as briskly as ever. The President will be established there in about a week, at which time Congress is to meet.
Our negotiations with the North-Western Indians have completely failed, so that war must settle our difference. We expected nothing else, and had gone into negotiations only to prove to all our citizens that peace was unattainable on terms which any one of them would admit.
You have probably heard of a great misunderstanding between Mr. Genet and us. On the meeting of Congress it will be made public. But as the details of it are lengthy, I must refer for them to my next letter, when possibly I may be able to send you the whole correspondence in print. We have kept it merely personal, convinced his nation will disapprove him. To them we have with the utmost assiduity given every proof of inviolate attachment. We wish to hear from you on the subject of Marquis de La Fayette, though we know that circumstances do not admit sanguine hopes.
The copper by the Sigon and the Mohawk is received. Our coinage of silver has been delayed by Mr. Cox's inability to give the security required by law.
I shall write to you again immediately after the meeting of Congress. I have the honor to be, with sentiments of great esteem and respect, dear Sir, your friend and servant.
TO MR. GENET
Sir,—I have laid before the President of the United States your letter of November 25th, and have now the honor to inform you, that most of its objects being beyond the powers of the Executive, they can only manifest their dispositions by acting on those which are within their powers. Instructions are accordingly sent to the district attorneys of the United States, residing within States wherein French consuls are established, requiring them to inform the consuls of the nature of the provisions made by the laws for preventing, as well as punishing, injuries to their persons, and to advise and assist them in calling these provisions into activity, whenever the occasions for them shall arise.
It is not permitted by the law to prohibit the departure of the emigrants to St. Domingo, according to the wish you now express, any more than it was to force them away, according to that expressed by you in a former letter. Our country is open to all men, to come and go peaceably, when they choose; and your letter does not mention that these emigrants meant to depart armed, and equipped for war. Lest, however, this should be attempted, the Governors of the States of Pennsylvania and Maryland are requested to have particular attention paid to the vessels named in your letter, and to see that no military expedition be covered or permitted under color of the right which the passengers have to depart from these States.
Provisions not being classed among the articles of contraband, in time of war, it is possible that American vessels may have carried them to the ports of Jeremie and La Mole, as they do to other dominions of the belligerent Powers; but, if they have carried arms also, these, as being contraband, might certainly have been stopped and confiscated.
In the letter of May 15th, to Mr. Ternant, I mentioned, that, in answer to the complaints of the British minister, against the exportation of arms from the United States, it had been observed that the manufacture of arms was the occupation and livelihood of some of our citizens; that it ought not to be expected that a war among other nations should produce such an internal derangement of the occupations of a nation at peace, as the suppression of a manufacture which is the support of some of its citizens; but that, if they should export these arms to nations at war, they would be abandoned to the seizure and confiscation which the law of nations authorized to be made of them on the high seas. This letter was handed to you, and you were pleased, in yours of May 27th, expressly to approve of the answer which had been given. On this occasion, therefore, we have only to declare, that the same conduct will be observed which was announced on that.
The proposition to permit all our vessels destined for any port in the French West India islands to be stopped, unless furnished with passports from yourself, is so far beyond the powers of the Executive, that it will be unnecessary to enumerate the objections to which it would be liable. I have the honor to be, &c.
TO THE PRESIDENT OF THE UNITED STATES
Thomas Jefferson, with his respects to the President, has the honor to send him the letters and orders referred to in Mr. Morris' letter, except that of the 8th of April, which must be a mistake for some other date, as the records of the office perfectly establish that no letters were written to him in the months of March and April but those of March 12 and 15, and April 20 and 26, now enclosed. The enigma of Mr. Merlino is inexplicable by anything in his possession.
He