IS THE ALABAMA A BRITISH PIRATE? 15 The basis of this voluntary action of our government was, that sound maxim of the law of nations, that a state is prima facie responsible for whatever is done within its jurisdiction, since it must be presumed to be capable of preventing or punishing offences committed within its boundaries ; and that a body politic is, therefore, responsible for the acts of individuals which are acts of actual or meditated hostility towards a nation, with which the government of these subjects professes to maintain relations of friendship or neutrality. (3 Phillimore’s International Law, 218 ; Grotius, 1. ii., c. 21, § 2; Pufl’endorf, 1. i., c. 5, § ult.) In the year following, upon the application of England, and for her better protection (Canning’s Speeches, vol. 4, pp. 152-3, Abr. Debates in Congress, vol. 7), we passed the act of 1794; and lastly, and most important to be remembered when the day of settlement comes, we, in that year, entered into a treaty of amity and commerce with her, by thought it incumbent on the United States to make compensation for them. And though nothing was said in that letter of other vessels taken under like circumstances and brought in after the 5th of June, and before the date of that letter, yet when the same forbearance had taken place, it was and is his opinion that compensation will be equally due. As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States. Instructions are given to the governors of the different states to use all the means in their power for restoring prizes of this last description, found within their ports. Though they will, of course, take measures to be informed of them, and the general government has given them the aid of the custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself, or any person under your direction, in order that the governors may use the means in their power for making restitution. Without knowledge of the capture they cannot restore it. It will always be best to give the notice to them directly ; but any information which you shall be pleased to send me, also, at any time, shall be forwarded to them as quickly as distance will permit. Hence you will perceive, sir, that the President contemplates restitution or compensation in the case before the 7th of August; and after that date restitution if it can be effected by any means in our power; and that it will be important you should substantiate the facts, that such prizes are in our ports or waters. Your list of the privateers illicitly in our ports, is, I believe, correct. With respect to losses by detention, waste, spoliation, sustained by vessels taken as before-mentioned, between the dates of June the Sth and August 7th, it is proposed, as a provisional measure, that the collector of the customs of the district, and the British consul or any other person you please, shall appoint persons to establish the value of the vessel and cargo at the time of her capture, and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instruction will be given accordingly, to the collector of the customs where the respective vessels are. I have,the honor to be, <fcc. George Hammond, Esq. Thomas Jefferson.
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