dged by every nation, and denied to none: and if the
property seized be yet within their power, it is their right and duty to
redress the wrong themselves. France herself has asserted the right in
herself and recognised it in us, in the sixth article of our treaty,
where we mutually stipulate that we will, by all the means in our
power (not by negotiation), protect and defend each other's vessels and
effects in our ports or roads, or on the seas near our countries,
and recover and restore the same to the right owners. The United
Netherlands, Prussia, and Sweden, have recognised it also in treaties
with us; and indeed it is a standing formula, inserted in almost all the
treaties of all nations, and proving the principle to be acknowledged by
all nations.

How, and by what organ of the government, whether judiciary or
executive, it shall be redressed, is not yet perfectly settled with us.
One of the subordinate courts of admiralty has been of opinion, in the
first instance, in the case of the ship William, that it does not belong
to the judiciary. Another, perhaps, may be of a contrary opinion. The
question is still subjudice, and an appeal to the court of last resort
will decide it finally. If finally the judiciary shall declare that
it does not belong to the civil authority, it then results to the
executive, charged with the direction of the military force of the
Union, and the conduct of its affairs with foreign nations. But this
is a mere question of internal arrangement between the different
departments of the government, depending on the particular diction
of the laws and constitution; and it can in no wise concern a foreign
nation to which department these have delegated it.

3. Mr. Genet, in his letter of July the 9th, requires that the ship
Jane, which he calls an English privateer, shall be immediately ordered
to depart; and to justify this, he appeals to the 22nd article of our
treaty, which provides that it shall not be lawful for any foreign
privateer to fit their ships in our ports, to sell what they have taken,
or purchase victuals, &c. The ship Jane is an English merchant vessel,
which has been many years employed in the commerce between Jamaica and
these States. She brought here a cargo of produce from that island,
and was to take away a cargo of flour. Knowing of the war when she left
Jamaica, and that our coast was lined with small French privateers, she
armed for her defence, and took one of those com