I enclose you several memorials and letters which have passed between

the executive and the ministers of France and England. These will

develope to you the principles on which we are proceeding between the

belligerent powers. The decisions being founded in what is conceived to

be rigorous justice, give dissatisfaction to both parties, and produce

complaints from both. It is our duty, however, to persevere in them, and

to meet the consequences. You will observe that Mr. Hammond proposes to

refer to his court the determination of the President, that the prizes

taken by the Citoyen Genet, could not be given up. The reasons for this

are explained in the papers. Mr. Genet had stated that she was manned

by French citizens. Mr. Hammond had not stated the contrary before the

decision. Neither produced any proofs. It was therefore supposed that

she was manned, principally, with French citizens. After the decision,

Mr. Hammond denies the fact, but without producing any proof. I am

really unable to say how it was; but I believe it to be certain there

were very few Americans. He says, the issuing the commission, Sic. by

Mr. Genet within our territory, was an infringement of our sovereignty;

therefore, the proceeds of it should be given up to Great Britain. The

infringement was a matter between France and us. Had we insisted on any

penalty or forfeiture by way of satisfaction to our insulted rights,

it would have belonged to us, not to a third party. As between Great

Britain and us, considering all the circumstances explained in the

papers, we deemed we did enough to satisfy her. We are moreover assured,

that it is the standing usage of France, perhaps too of other nations in

all wars, to lodge blank commissions with all their foreign consuls,

to be given to every vessel of their nation, merchant or armed; without

which a merchant vessel would be punished as a pirate, were she to take

the smallest thing of the enemy that should fall in her way. Indeed, the

place of the delivery of a commission is immaterial. As it may be sent

by letter to any one, so it may be delivered by hand to him any where.

The place of signature by the Sovereign is the material thing. Were that

to be done in any other jurisdiction than his own, it might draw the

validity of the act into question. I mention these things, because I

think it would be proper, that after considering them and such other

circumstances as appear in the papers, or may occur to yourself, you

should make it the subject of a conversation with the Minister. Perhaps

it may give you an opportunity of touching on another subject. Whenever

Mr. Hammond applies to our government on any matter whatever, be it ever

so new or difficult, if he does not receive his answer in two or three

days or a week, we are goaded with new letters on the subject. Sometimes

it is the sailing of the packet, which is made the pretext for forcing

us into premature and undigested determinations. You know best how far

your applications meet such early attentions, and whether you may

with propriety claim a return of them: you can best judge too of the

expediency of an intimation, that where despatch is not reciprocal, it

may be expedient and justifiable that delay should be so.

I have the honor to be, with great and sincere esteem, Dear Sir, your

most obedient and most humble servant,

Th: Jefferson.

LETTER CLVII.--TO MR. GENET, June 17, X

TO MR. GENET.

Philadelphia, June 17, 1793.

Sir,

I shall now have the honor of answering your letter of the 1st instant,

and so much of that of the 14th (both of which have been laid before

the President) as relates to a vessel armed in the port of New York and

about to depart from thence, but stopped by order of the government. And

here I beg leave to premise, that the case supposed in your letter, of

a vessel arming for her own defence, and to repel unjust aggressions,

is not that in question, nor that on which I mean to answer, because

not having yet happened, as far as is known to the government, I have

no instructions on the subject. The case in question is that of a vessel

armed, equipped, and manned in a port of the United States, for the

purpose of committing hostilities on nations at peace with the United

States.

As soon as it was perceived that such enterprises would be attempted,

orders to prevent them were despatched to all the States and ports of

the Union. In consequence of these, the Governor of New York,

receiving information that a sloop heretofore called the Polly, now

the Republican, was fitting out, arming, and manning in the port of

New York, for the express and sole purpose of cruising against certain

nations with whom we are at peace, that she had taken her guns and

ammunition aboard and was on the point of departure, seized the vessel.

That the Governor was not mistaken in the previous indications of her

object, appears by the subsequent avowal of the citizen Hauterive,

Consul of France at that port, who, in a letter to the Governor,

reclaims her as ‘_Un vaisseau arme, en guerre, et pret a mettre a la

voile_;’ and describes her object in these expressions; ‘_Cet usage

étrange de la force publique contre les citoyens d’une nation amie qui

se réunissent ici pour aller defendre leur frères_,’ &c. and again; ‘_Je

requiers, monsieur, l’autorité dont vous êtes revêtu, pour faire rendre

à des Francois, à des allies, &c. la liberte de voler au secours de leur

patrie_.’ This transaction being reported to the President, orders were

immediately sent to deliver over the vessel, and the persons concerned

in the enterprise, to the tribunals of the country; that if the act

was of those forbidden by the law, it might be punished; if it was not

forbidden, it might be so declared, and all persons apprized of what

they might or might not do.

This we have reason to believe is the true state of the case, and it

is a repetition of that which was the subject of my letter of the

5th instant, which animadverted, not merely on the single fact of

the granting commissions of war by one nation within the territory of

another, but on the aggregate of the facts: for it states the opinion of

the President to be, ‘that the arming and equipping vessels in the ports

of the United States, to cruise against nations with whom they are at

peace, was incompatible with the sovereignty of the United States; that

it made them instrumental to the annoyance of those nations, and thereby

tended to commit their peace.’ And this opinion is still conceived to be

not contrary to the principles of natural law, the usage of nations,

the engagements which unite the two people, nor the proclamation of the

President, as you seem to think.

Surely, not a syllable can be found in the last mentioned instrument

permitting the preparation of hostilities in the ports of the United

States. Its 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, and 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, 8,

104. ‘_Tant qu’im 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 et associé

de son ennemi. Sa neutralité seroit une neutralité frauduleuse, dont

personne ne veut être la dupe. Voyons done en quoi consiste cette

impartialité qu’un peuple neutre doit garder_.

‘_Elle se rapport uniquement à la guerre, et comprend deux choses,

1°. Ne point donner de secours quand on n’y est pas obligé; ne fournir

librement ni troupes, ni armes, ni munitions, ni rien de ce qui sert

directement à la guerre. Je dis ne point donner de secours, et non pas

en donner également; car il seroit absurde qu’un etat secourut en

même tems deux ennemis. Et puis il seroit impossible de le faire avec

égalite; les mêmes choses, le merae nombre de troupes, la même quantite

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 its 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, S. 1174, says, ‘_Puisque Je droit

de lever des soldats est un droit de majeste, qui ne peut être viole par

une nation étrangere, il n’est pas permis de lever des soldats sur le

territoire d’autrui, sans le consentement du maitre du territoire_.’

And Vattel, before cited, L. 3, 8, 15. ‘_Le droit de lever des soldats

appartenant uniquement a la nation, ou au souverain, personne ne peut

en envoler en pays etranger sans la permission du soverain: Ceux qui

entreprennant d’engager des soldats en pays etranger sans la permission

du souverain, et en general quiconque debauche les sujets d’autrui,

viole un des droits les plus sacres du prince et de la nation. C’est le

crime qu’on appelle plagiat, ou vol d’homme. Il n’est aucun état police

qui ne le punisse tres sevérement_.’ &c. For I choose to refer you to

the passage, rather than follow it through all its developements. 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 whom they consulted,

as much against the laws of the land, as to murder or rob, or combine

to murder or rob its 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 citizens are.

I have the honor to be, with sentiments of great respect, and esteem,

Sir, your most obedient and most humble servant,

Th: Jefferson.

LETTER CLVIII.--TO MR. HAMMOND, June 19, 1793

TO MR. HAMMOND.

Philadelphia, June 19, 1793.

Sir,

I had the honor to address you a letter on the 29th of May was

twelvemonth, on the articles still unexecuted of the treaty of peace

between the two nations. The subject was extensive and important,

and therefore rendered a certain degree of delay in the reply to

be expected. But it has now become such as naturally to generate

disquietude. The interest we have in the western posts, the blood and

treasure which their detention costs us daily, cannot but produce a

corresponding anxiety on our part. Permit me, therefore, to ask when I

may expect the honor of a reply to my letter, and to assure you of the

sentiments of respect, with which I have the honor to be, Sir, your most

obedient and most humble servant,

Th: Jefferson.

LETTER CLIX.--TO MESSRS. CARMICHAEL AND SHORT, June 30, 1793

TO MESSRS. CARMICHAEL AND SHORT.

Philadelphia, June 30, 1793.

Gentlemen,

I have received from Messrs. Viar and Jaudenes, the representatives of

Spain at this place, a letter, which, whether considered in itself,

or as the sequel of several others, conveys to us very disagreeable

prospects of the temper and views of their court towards us. If this

letter is a faithful expression of that temper, we presume it to be

the effect of egregious misrepresentations by their agents in America.

Revising our own dispositions and proceedings towards that power, we

can find in them nothing but those of peace and friendship for them; and

conscious that this will be apparent from a true statement of facts, I

shall proceed to give you such a one, to be communicated to the court

of Madrid. If they find it very different from that conveyed to them by

others, they may think it prudent to doubt, and to take and to give time

for mutual inquiry and explanation. I shall proceed to give you this

statement, beginning it from an early period.

At the commencement of the late war, the United States laid down as

a rule of their conduct, to engage the Indian tribes within their

neighborhood to remain strictly neutral. They accordingly strongly

pressed it on them, urging that it was a family quarrel; with which they

had nothing to do, and in which we wished them to take no part: and we

strengthened these recommendations by doing them every act of friendship

and good neighborhood, which circumstances left in our power. With some,

these solicitations prevailed; but the greater part of them suffered

themselves to be drawn into the war against us. They waged it in their

usual cruel manner, murdering and scalping men, women, and children,

indiscriminately, burning their houses, and desolating the country. They

put us to vast expense, as well by the constant force we were obliged

to keep up in that quarter, as by expeditions of considerable magnitude

which we were under the necessity of sending into their country from

time to time.

Peace being at length concluded with England, we had it also to conclude

with them. They had made war on us without the least provocation or

pretence of injury. They had added greatly to the cost of that war. They

had insulted our feelings by their savage cruelties. They were by our

arms completely subdued and humbled. Under all these circumstances, we

had a right to demand substantial satisfaction and indemnification. We

used that right, however, with real moderation. Their limits with us

under the former government were generally ill defined, questionable,

and the frequent cause of war. Sincerely desirous of living in their

peace, of cultivating it by every act of justice and friendship, and of

rendering them better neighbors by introducing among them some of the

most useful arts, it was necessary to begin by a precise definition

of boundary. Accordingly, at the treaties held with them, our mutual

boundaries were settled; and notwithstanding our just right to

concessions adequate to the circumstances of the case, we required such

only as were inconsiderable; and for even these, in order that we might

place them in a state of perfect conciliation, we paid them a valuable

consideration, and granted them annuities in money which have been

regularly paid, and were equal to the prices for which they have usually

sold their lands.

Sensible, as they were, of the wrong they had done, they expected to

make some indemnification, and were, for the most part, satisfied

with the mode and measure of it. In one or two instances, where a

dissatisfaction was observed to remain as to the boundaries agreed on,

or doubts entertained of the authority of those with whom they were

agreed, the United States invited the parties to new treaties, and

rectified what appeared to be susceptible of it. This was particularly

the case with the Creeks. They complained of an inconvenient cession of

lands on their part, and by persons not duly representing their nation.

They were therefore desired to appoint a proper deputation to revise

their treaty; and that there might be no danger of any unfair practices,

they were invited to come to the seat of the General Government, and

to treat with that directly. They accordingly came. A considerable

proportion of what had been ceded, was on the revision yielded back to

them, and nothing required in lieu of it: and though they would have

been better satisfied to have had the whole restored, yet they had

obtained enough to satisfy them well. Their nation, too, would have

been satisfied, for they were conscious of their aggression, and of the

moderation of the indemnity with which we had been contented. But at

that time came among them an adventurer of the name of Bowles, who,

acting from an impulse with which we are unacquainted, flattered them

with the hope of some foreign interference, which should undo what had

been done, and force us to consider the naked grant of their peace as

a sufficient satisfaction for their having made war on us. Of this

adventurer the Spanish government rid us: but not of his principles,

his practices, and his excitements against us. These were more than

continued by the officers commanding at New Orleans and Pensacola,

and by agents employed by them and bearing their commission. Their

proceedings have been the subject of former letters to you, and proofs

of these proceedings have been sent to you. Those, with others now

sent, establish the facts, that they called assemblies of the southern

Indians, openly persuaded them to disavow their treaties, and the limits

therein established, promised to support them with all the powers which

depended on them, assured them of the protection of their sovereign,

gave them arms in great quantities for the avowed purpose of committing

hostilities on us, and promised them future supplies to their utmost

need. The Chickasaws, the most steady and faithful friends of these

States, have remained unshaken by these practices. So also have the

Chocktaws, for the most part. The Cherokees have been teazed into some

expressions of discontent, delivered only to the Spanish Governors, or

their agents; while to us, they have continued to speak the language of

peace and friendship. One part of the nation only, settled at Cuckamogga

and mixed with banditti and outcasts from the Shawanese and other

tribes, acknowledging control from none, and never in a state of peace,

have readily engaged in the hostilities against us to which they were

encouraged. But what was much more important, great numbers of the

Creeks, chiefly their young men, have yielded to these incitements,

and have now, for more than a twelvemonth, been committing murders and

desolations on our frontiers. Really desirous of living in peace with

them, we have redoubled our efforts to produce the same disposition in

them. We have borne with their aggressions, forbidden all returns of

hostility against them, tied up the hands of our people, insomuch that

few instances of retaliation have occurred even from our suffering

citizens; we have multiplied our gratifications to them, fed them when

starving from the produce of our own fields and labor. No longer ago

than the last winter, when they had no other resource against famine and

must have perished in great numbers, we carried into their country and

distributed among them, gratuitously, ten thousand bushels of corn; and

that too, at the same time, when their young men were daily committing

murders on helpless women and children, on our frontiers. And though

these depredations now involve more considerable parts of the nation, we

are still demanding punishment of the guilty individuals, and shall be

contented with it. These acts of neighborly kindness and support on our

part, have not been confined to the Creeks, though extended to them in

much the greatest degree. Like wants among the Chickasaws had induced

us to send them also, at first, five hundred bushels of corn, and

afterwards, fifteen hundred more. Our language to all the tribes of

Indians has constantly been, to live in peace with one another, and in

a most especial manner, we have used our endeavors with those in the

neighborhood of the Spanish colonies, to be peaceable towards those

colonies. I sent you on a former occasion the copy of a letter from the

Secretary at War to Mr. Seagrove, one of our agents with the Indians, in

that quarter, merely to convey to you the general tenor of the conduct

marked out for those agents: and I desired you, in placing before the

eyes of the Spanish ministry the very contrary conduct observed by their

agents here, to invite them to a reciprocity of good offices with our

Indian neighbors, each for the other, and to make our common peace the

common object of both nations. I can protest that such have hitherto

been the candid and zealous endeavors of this government, and that

if its agents have in any instance acted in another way, it has been

equally unknown and unauthorized by us, and that, were even probable

proofs of it produced, there would be no hesitation to mark them with

the disapprobation of the government. We expected the same friendly

condescension from the court of Spain, in furnishing you with proofs

of the practices of the Governor De Carondelet in particular practices

avowed by him, and attempted to be justified in his letter.

In this state of things, in such dispositions towards Spain and towards

the Indians, in such a course of proceedings with respect to them, and

while negotiations were instituted at Madrid for arranging these and all

other matters which might affect our friendship and good understanding,

we received from Messrs. de Viar and Jaudenes their letter of May the

25th, which was the subject of mine of May the 31st, to you; and now

again we have received that of the 18th instant, a copy of which is

enclosed. This letter charges us, and in the most disrespectful style,

with:

1. Exciting the Chickasaws to war on the Creeks.

2. Furnishing them with provisions and arms.

3. Aiming at the occupation of a post at the _Ecores Amargas_.

4. Giving medals and marks of distinction to several Indians.

5. Meddling with the affairs of such as are allies of Spain.

6. Not using efficacious means to prevent these proceedings. I shall

make short observations on these charges.

1. Were the first true, it would not be unjustifiable. The Creeks have

now a second time commenced against us a wanton and unprovoked war, and

the present one in the face of a recent treaty, and of the most friendly

and charitable offices on our part. There would be nothing out of the

common course of proceeding, then, for us to engage allies, if we needed

any for their punishment. But we neither need, nor have sought them. The

fact itself is utterly false, and we defy the world to produce a

single proof of it. The declaration of war by the Chickasaws, as we

are informed was a very sudden thing, produced by the murder of some of

their people by a party of Creeks, and produced so instantaneously as to

give no body time to interfere, either to promote or prevent a rupture.

We had, on the contrary, most particularly exhorted that nation to

preserve peace, because in truth we have a most particular friendship

for them. This will be evident from a copy of the message of the

President to them, among the papers now enclosed.

2. The gift of provisions was but an act of that friendship to them,

when in the same distress, which had induced us to give five times as

much to the less friendly nation of the Creeks. But we have given arms

to them. We believe it is the practice of every white nation to give

arms to the neighboring Indians. The agents of Spain have done it

abundantly, and we suppose not out of their own pockets, and this

for purposes of avowed hostility on us; and they have been liberal

in promises of further supplies. We have given a few arms to a very

friendly tribe, not to make war on Spain, but to defend themselves from

the atrocities of a vastly more numerous and powerful people, and one

which by a series of unprovoked and even unrepelled attacks on us, is

obliging us to look towards war as the only means left of curbing their

insolence.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3 · 第 24 / 50 段