[The Life of George Washington, Vol. 5 (of 5) by John Marshall]@TWC D-Link bookThe Life of George Washington, Vol. 5 (of 5) CHAPTER I 18/49
It was easy to see that such a state of things could not be tolerated longer than until it should be perceived. It being confessedly contrary to the duty of the United States, as a neutral nation, to suffer privateers to be fitted in their ports to annoy the British trade, it seemed to follow that it would comport with their duty, to remedy the injury which may have been sustained, when it is in their power so to do. That the fact had been committed before the government could provide against it might be an excuse, but not a justification.
Every government is responsible for the conduct of all parts of the community over which it presides, and is supposed to possess, at all times, the means of preventing infractions of its duty to foreign nations.
In the present instance, the magistracy of the place ought to have prevented them.
However valid this excuse might have been, had the privateers expedited from Charleston been sent to the French dominions, there to operate out of the reach of the United States, it could be of no avail when their prizes were brought into the American ports, and the government, thereby, completely enabled to administer a specific remedy for the injury. Although the commissions, and the captures made under them, were valid as between the parties at war, they were not so as to the United States.
For the violation of their rights, they had a claim to reparation, and might reasonably demand, as the reparation to which they were entitled, restitution of the property taken, with or without an apology for the infringement of their sovereignty.
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