ither do I believe that any Jury in America, when
they are informed of the whole of the case, would give a verdict to
deprive me of my Rights upon that Article. The citizens of America,
I believe, are not very fond of permitting forced and indirect
explanations to be put upon matters of this kind. I know not what were
the merits of the case with respect to the person who was prosecuted for
acting as prize master to a french privateer, but I know that the jury
gave a verdict against the prosecution. The Rights I have acquired
are dear to me. They have been acquired by honourable means, and by
dangerous service in the worst of times, and I cannot passively permit
them to be wrested from me. I conceive it my duty to defend them, as the
case involves a constitutional and public question, which is, how
far the power of the federal government (1) extends, in depriving any
citizen of his Rights of Citizenship, or of suspending them.
That the explanation of National Treaties belongs to Congress is
strictly constitutional; but not the explanation of the Constitution
itself, any more than the explanation of Law in the case of individual
citizens. These are altogether Judiciary questions. It is, however,
worth observing, that Congress, in explaining the Article of the Treaty
with respect to french prizes and french privateers, confined itself
strictly to the letter of the Article. Let them explain the Article
of the Constitution with respect to me in the same manner, and the
decision, did it appertain to them, could not deprive me of my Rights of
Citizenship, or suspend them, for I have accepted nothing from any king,
prince, state, or Government.
You will please to observe, that I speak as if the federal Government
had made some declaration upon the subject of my Citizenship; whereas
the fact is otherwise; and your saying that you have no order respecting
me is a proof of it. Those therefore who propagate the report of my not
being considered as a Citizen of America by Government, do it to the
prolongation of my imprisonment, and without authority; for Congress,
_as a government_, has neither decided upon it, nor yet taken the matter
into consideration; and I request you to caution such persons against
spreading such reports. But be these matters as they may, I cannot have
a doubt that you find and feel the case very different, since you have
heard what I have to say, and known what my situation is [better] than
you did before
|