Jefferson, Thomas, 1743-1826 . Reports and Opinions While Secretary of State / From The Writings of Thomas Jefferson: Volume 3
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1 See Vol. I. p. 162. VOL. III-3


2 At a later period, upon reviewing this opinion, the following note was
appended by Mr. Jefferson: "Unless with the consent or default of the other
contracting party. It may well be doubted, too, and perhaps denied, that the
treaty power can control a law. The question here proposed was then of the
first impression. Subsequent investigations have proved that the contrary
position is the more general truth.


3 See Extract No. 1 (page 104) accompanying this report.

4 Mr. Short is desired to purchase this book at Amsterdam, or Paris, as h
may
not find it at Madrid, and when it shall have answered the purposes of this
mission, let it be sent here for the use of the Secretary of State's office.

5 Rivers belong to the public, that is to say to the Roman people.


6 "The use of the banks belong also to the public by the laws of nations, as
the use of the river itself does. Therefore, every one is free to moor his
vessel to the bank, to fasten his cables to the trees growing on it, to deposit
the cargo of his vessel in those places in like manner as every one is free to
navigate the river itself."


7 "The use of the shores also belongs to the public, or is under the law of
nations, as is that of the sea itself. Therefore it is, that those who choose,
have a right to build huts there, into which they may betake themselves. "


8 "Nobody, therefore, is prohibited from landing on the sea shore, walking
there, or mooring their vessel there, so nevertheless that they keep out of
the villas, that is, the habitations, monuments, and public buildings, erected
there, and do them no injury."


9"The most favored nation."


10 April 12, 1792.


11Jefferson, in submitting this Report to Alexander Hamilton, sent him the
following letter:
January 1st 1791. -- Dear Sir, -- I inclose you copies of the printed papers you
desired; also a letter I received last night. This paper I will thank you to
return by the bearer when you shall have perused it, as it is yet to be
translated and communicated to the President. It is evident that this matter
will become serious, and tho' I am pointedly against admitting the French
construction of the treaty; yet I think it essential to work up some favour
which may ensure the continuance of the good dispositions they have towards
us. A nation which takes one third of our tobacco, more than half our fish oil
and two thirds of our fish, say one half of the amount of these great staples
and a great deal of rice, and from whom we take nothing in return but hard
money to carry directly over and pour into the coffers of their enemies, such a
customer, I say, deserves some menagemens. I would thank you sincerely to
suggest any thing better than I had thought of. I am dear Sir your's
affectionately and respectfully."


12By an official paper from the Bureau of the balance of commerce o
France, we
find that of the ships which entered the ports of France from the U. S. in the
year 1789, only 13 amounting to 2105 tons were French, & 163. making 24,173
tons were American. -- T. J.


13Abstract of the produce of the Fisheries exported from the United States
from
August 20th. 1789 to August 14th, 1790. in which is omitted one quarter's
exportations from Boston, Plymouth, Dighton, Penoboscot, Frenchman's Bay,
Machias, and New York, of which the returns are not received. -- T. J.
  Cod Fishery. Whale Fishery. Both Fisheries.
France & the french West Indies .... 586.167 dollrs 131.906 dollrs 718.073 dollrs
The rest of the World ........ 307.097 101.306 408.403
  ______ ______ ______
Whole produce ... 893.264 233.212 1.126.476



14 This paragraph is crossed out in Jefferson's manuscript .