TO THE U. S. MINISTER TO GREAT BRITAIN (THOMAS PINCKNEY) J. MSS. - Thomas Jefferson, The Works, vol. 7 (Correspondence 1792-1793) [1905]
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The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 7
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TO THE U. S. MINISTER TO GREAT BRITAIN
(THOMAS PINCKNEY)J. MSS.
Philadelphia, June 14, 1793.
Dear Sir,—
* * * I inclose you also several memorials & letters which have passed between the executive & the ministers of France & England. These will develop 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, & 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 &c. 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 & 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 & 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 anywhere. 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 & 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 apportunity 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 & 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 & justifiable that delays should be so. * * *
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