Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-01-05

make war upon Spain BY an InvaEon
Of her territory, all which was well
known to the preGdent, but accord
ing TO his impreMon tie law did not
aHthorile him to interfere becaufe the
al 7va5 to Be dine out Of The jurifdic-
zion Of the United States
Initead of reafoning upon flle
point TO fhow to what abfurd conie :
quenCes this doctrine would lead. or
turning over volumes of national law
TO thew that il Is at variance with the
opinions # every learned civilion
who ever wrote upon the fubi d, we
will cut fhort this Labor BY turning
directly to the opinions formerly he d
and PubIfhed BY Mr.. J=fcrfon him.
telt il Gmi.ar cafe.
In the year 1893, Citizen Genet
Undertook to raife troops, grant com
miilonS equip vefclS, &c &c. In
thor: toPIay prccitely the fame game
that General Miranda did lat year.
No ore but mutt remember the cir
CumtianCe. On which PrtGdent
Warrington (who had, we fancy,
q1Ite rs much regard for the condi-
tuition as PRECEDENT JcHcrfon, and un-
de- food its ProvIGons quite as welN
ordered the Attorney General to pro.
coed inltantly againH all perions con-
cerned and have them arrefed as
criminals, and this not by virtue Of
any itaute but under the law Of na-
tons. Mr.. Genet then remonilrated
agalnlt the Interference, and Mr.. }ef-
lon ani~ered MIN. From tho(e an
iwers few extracts will be given
not imPertlnent to the cafe before Us.
The PRECEDENT having taken the cafe into
farther confederation and deliLeratisn wa. ~
opinion that ne L~i7g ara eqait3jng q,c4lh ia
f5e Poyfs " fbs United tlt.s, U cylk ,oo-aR WV
f17f 7rtb 07b-R thy az ~ Prale, acre Ivclgt,t-
afIe 7rtb TIE ten thrill E0yeiynty of fIf gaj.ey
'fate' that It made them innrumentai I, Tie
annoyance OF thole nations aud thereby TEND
cd 70 comPromit their peace"
Again
Af.er fully weighing again. however I'll
the principles and circumstances u III c,ra r.
the refuIt Till appeared To ". that 7 i III
right OF every nation to prohibit AIS " fove-
ie'gHty from being eSerciled ~ any otter
within IT'S limits and the duty IF neutral
nauon to prohibit iuch as would iniure one
OF the warning powers that tte 5r.r.;r- Mill
fay ea14"i5foa5 yOifbin Tire Uaitct State,. IN oyy
other aNf6o,f then ey o7ua, IL az uf, iooe1,,a II
fbeiI o7e7 JeVern.gaty, am tayti ul1,lv ID 7Dbeg
g'a"ief y f6ei' eau efzla5 10 lead them 70 COM
mt acts contrary 60 the duties they owe their
own country
Soon afterwards Gideon HenheId
was arreited for having accepted
commflion on board French priva.
teer. Genet remonltrated The Pre-
tident fubmitred the cafe to the At
torney-General, Edmund Randolph
That officer gave it as his opinion
that
lie was indieable at the tozrnor L17y, be-
cauie his conduct comes within the dslcrip-
ton Of eilturbing the peace Of the United
States"
A coDy of this opinion was inclof-
ed by Mr.. JefTerfon to Citizen Gen
ct, as containing the law of the land.
Again In a fubiequeut letter
addreilcd to Mr.. Genet, ii anfwer
to one from him, Mr.. Joft ion, af
ter repeating the opinion given in his
former letter, iay5
You think Gr,;hat this opinion Is alto ron
1rary 70 the La70 Of nature amt 4Jags of uafioas
we are OF oplaIon his aIye7af IN f51f E77y ard
E'ags and this had been verv maturelv en-
CURED into bfo,s zpa4 aloplel as 5yIa.isai oil
eoa4zI7"
his is followed BY quotations from
Natel and from Wolfius after which
Mr.. Jof, rfon faid
The teftimony Of thefe and o.ber writer's
on the law and ufage Of nations, with your own
juit reflections on them, will iatisfv YOU TIA;
the United States in prohibiting tie e1pnn |
ing, arming and manning veGeis IF var n
their ports have exercifed riT5t and avtr.
Such were the fentimen. then h,IA
by the government and promulgated
through its origin, the Secretarv oil
State, Mr. Jefenfon and 70 The
lteady adherence to thefr fen.imenfs
alone was il owing that ne ,r.n-o