English Neutrality: Is the Alabama a British Pirate?

14 ENGLISH NEUTRALITY. engaged to be delivered over to the tribunals for punishment. (3 Jeff. W. 386.) Such seizures were frequently made, the government entering into it as a matter of honor, not appearing to suppose that its duty would be performed by sitting coldly by until the British minister, under all the embarrassments of being a stranger, should produce irrefragable proof of infractions of its own laws. Gen. Washington seems to have considered it a shameful and humiliating excuse for a government to plead that it “ is ignorant of what is carried on daily and repeatedly in its own country.” It was impossible, however, with our limited navy, to prevent entirely such expeditions, and at last, at the risk of a war with our friend, it was resolved in Cabinet Council, on the 15th of August, 1793, “ That the Minister of the French Republic be informed that the President considers the United States as bound by positive assurances given in conformity to the laws of neutrality, to effectuate the restoration of, or make compensation for, prizes which shall have been made of any of the parties at war with France, subsequent to the 5th day of June last, by privateers fitted out in their ports. That it is consequently expected that he will cause restitution to be made of all prizes taken and brought into our ports subsequent to the above-mentioned day by such privateers; in defect of which the President considers it incumbent upon the United States to indemnify the owners of those prizes; the indemnification to be reimbursed by the French nation.” (4 Hamilton’s Works, 468.) At the same time Mr. Jefferson’s important letter to Mr. Hammond was written.* * Philadelphia, September 5, 1793. Sir :—I am honored with yours of August 30th; mine of the 7th of that month assured that measures were taken for excluding from all further asylum in our ports, vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes, the u Lovely Lass,” “ Prince William,” “ Henry,” and the “Jane, of Dublin;” and should the measures for restitution fail in their effect, the President considered it as incumbent on tile United States to make compensation for the vessels. We are bound by our treaties with three of the belligerent nations, by all the means in our power to protect and defend their vessels and effects in our ports, or waters or on the seas near our shores, and to recover and restore the same to the right owners, when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation. Though we have no similar treaty with Great Britain, it was the opinion of the President that we should use toward that nation the same rule, which, under this article, was to govern us with the other nations; and even to extend it to captures made on the high seas and brought into our ports; if done by vessels which had been at war with them. Having, for particular reasons, forborne to use all the means in our power for the restitution of the three vessels mentioned in my letter of August 7th, the President

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