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 us, 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 government 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 to me also, at any time, shall be forwarded to them as quickly as the distance will permit. Hence you will perceive, Sir, that the President contemplates restitution or compensation, in the cases before the seventh of August, and, after that date, restitution, if it can be effected by any means in our power: and that it will be important that you should substantiate the fact that such prizes are in our ports or waters.
Your list of the privateers illicitly armed 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 5th and August the 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 times 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, instructions will be given, accordingly, to the collectors of the customs where the respective vessels are.
I have the honor to be, with great respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER CLXVII.—TO MR. PINCKNEY, September 7,1793
TO MR. PINCKNEY.
Philadelphia, September 7,1793.