QUESTIONS AS TO BELLIGERENTS 1 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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QUESTIONS AS TO BELLIGERENTSJ. MSS.
[July 29 1793]
1. Are we free, by the treaty, to prohibit France from arming vessels within our ports to cruize on her enemies?
2. If we are free to prohibit her, are we, by the laws of neutrality, bound to prohibit her?
Agreed.3. What are the articles, by name, to be prohibited to both or either party?
4. May the prohibition extend to the use of their own means e. g. mounting their own guns, transferring guns from one of their own vessels to another &c.?
5. May they receive on board their armed vessels their own sailors & citizens found within our ports?
May they receive other foreigners?
6. To what extent does the reparation, permitted in the NA article, go?Agreed.
7. What may be done as to vessels armed in our ports before the President’s proclamation and what as to the prizes they made before & after?Agreed.
8. A trading vessel belonging to the enemies of France, coming here for the purposes of commerce, but armed, and having a letter of marque authorizing her to cruize &c. as usual, are we obliged by the NA article to order such a vessel out of our ports?
9. What land locked waters, & what extent from the sea-shore, may be deemed within the limits of our protection so as to render captures within them unlawful?
10. May we within our own ports sell ships to both parties prepared merely for merchandize? Pierced for guns?Agreed.
11. May we carry either or both kinds to the ports of the belligerent powers for sale?Agreed.
12. Is the principle that free bottoms make free goods, & enemy bottoms make enemy goods, to be considered as now an established part of the law of nations?Agreed.
13. If it is not, are nations with whom we have no treaties authorized by the law of nations to take out of our vessels, enemy passengers, not being soldiers, & their baggage?Agreed.
14. Which of the above prohibitable things are within the competence of the President to prohibit?
“RULES GOVERNING BELLIGERENTS
“August 3. 1793,
I. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties, for military service, offensive or defensive, is deemed unlawful.
II. Equipments of merchant vessels by either of the belligerent parties in the ports of the United States, purely for the accommodation of them as such, is deemed lawful.
III. Equipments in the ports of the United States of vessels of war in the immediate service of the government of any of the belligerent parties, which if done to other vessels, would be of a doubtful nature, as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people or property of France coming with their prizes into the ports of the United States, pursuant to the seventeenth article of our Treaty of Amity and Commerce with France.
IV. Equipments in the ports of the United States by any of the parties at war with France, of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize, &c.
V. Equipments of any of the vessels of France in the ports of the United States, which are doubtful in their nature, as being applicable to commerce or war, are deemed lawful.
VI. Equipments of every kind in the ports of the United States, of privateers of the powers at war with France, are deemed unlawful.
VII. Equipments of vessels in the ports of the United States, which are of a nature solely adapted to war, are deemed unlawful; except those stranded or wrecked, as mentioned in the eighteenth article of our treaty with France, the sixteenth of our treaty with the United Netherlands, the ninth of our treaty with Prussia, and except those mentioned in the nineteenth article of our treaty with France, the seventeenth of our treaty with the United Netherlands, the eighteenth of our treaty with Prussia.
VIII. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist therein their own subjects or citizens, not being inhabitants of the United States, except privateers of the power at war with France, and except those vessels which have made prize, &c.
The foregoing rules, having been considered by us at several meetings, and being now unanimously approved, they are submitted to the President of the United States.”
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