, in a
case so interesting to themselves and their country.
I have the honor to be, with great respect, Gentlemen, your most
obedient servant,
Th: Jefferson.
LETTER CLXV.--TO MR. GORE, September 2, 1793
TO MR. GORE.
Philadelphia, September 2, 1793.
Sir,
The President is informed through the channel of a letter from yourself
to Mr. Lear, that M. Duplaine, Consul of France at Boston, has lately,
with an armed force, seized and rescued a vessel from the officer of
a court of justice, by process from which she was under arrest in his
custody: and that he has in like manner, with an armed force, opposed
and prevented the officer, charged with process from a court against
another vessel, from serving that process. This daring violation of the
laws requires the more attention, as it is by a foreigner clothed with
a public character, arrogating an unfounded right to admiralty
jurisdiction, and probably meaning to assert it by this act of force.
You know that by the law of nations, consuls are not diplomatic
characters, and have no immunities whatever against the laws of the
land. To put this altogether out of dispute, a clause was inserted in
our consular convention with France, making them amenable to the laws of
the land, as other inhabitants. Consequently, M. Duplaine is liable
to arrest, imprisonment, and other punishments, even capital, as other
foreign subjects resident here. The President therefore desires that you
will immediately institute such a prosecution against him, as the laws
will warrant. If there be any doubt as to the character of his offence,
whether of a higher or lower grade, it will be best to prosecute for
that which will admit the least doubt, because an acquittal, though it
might be founded merely on the opinion that the grade of offence with
which he is charged is higher than his act would support, yet it might
be construed by the uninformed to be a judiciary decision against his
amenability to the law, or perhaps in favor of the jurisdiction these
Consuls are assuming. The process, therefore, should be of the surest
kind, and all the proceedings well grounded. In particular, if an
arrest, as is probable, be the first step, it should be so managed as
to leave room neither for escape nor rescue. It should be attended with
every mark of respect, consistent with safe custody, and his confinement
as mild and comfortable also, as that would permit. These are the
distinctions to whi
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