mode has been adopted, by describing a circle,
and thereby comprehending longitude as well as latitude: now let either
rule be adopted, and the position of the capture in this case will be
adverse to Pagan's pretensions.
But what can be exacted from our government, after repeated trials,
before various jurisdictions, none of which can be charged with any
symptom of impropriety, and upon a subject, which, to say no more, is at
least equipoised? Nothing; and I appeal to the British reasoning on the
Silesia loan, as supporting this sentiment, in the following passage.
'The law of nations, founded upon justice, equity, convenience, and
the reason of the thing, and confirmed by long usage, does not allow of
reprisals, except in case of violent injuries directed and supported by
the State, and justice absolutely denied, in _re minime dubid_, by all
the tribunals, and afterwards by the prince.' Where the judges are
left free, and give sentence according to their consciences, 'though
it should be erroneous, that would be no ground for reprisals. Upon
doubtful questions, different men think and judge differently; and all a
friend can desire is, that justice should be as impartially administered
to him, as it is to the subjects of that prince, in whose courts the
matter is tried.' Under such circumstances, a citizen must acquiesce. So
therefore must Pagan; against whom even the court of Nova Scotia, within
the dominions of his sovereign, has once decided.
There are many smaller points, arising from the controversy, which might
be relied on. But I pass them over, from a hope that the observations
already made will induce you to think with me, that government is not
bound to interpose farther in the behalf of Pagan. I have the honor,
Sir, to be, with respect and esteem, your most obedient servant,
Edmond Randolph.
LETTER CXLII.--TO MR. PINCKNEY, April 20, 1793
TO MR. PINCKNEY.
Philadelphia, April 20, 1793.
Dear Sir,
In a postscript to my letter of the 12th, I acknowledged the receipt
of yours of January the 3rd; since which, those of January the 30th and
February the 5th have been received by the William Penn.
With respect to our negotiation with Mr. Hammond, it is exactly in the
state in which it was when you left America, not one single word having
been received in reply to my general answer, of which you had a copy. He
says, he waits for instructions, which he pretends to expect from packet
to packet.
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