n'est pas permis de lever des soldats sur le
territoire d'autrui, sans le consentement du maitre du territoire_.'
And Vattel, before cited, L. 3, 8, 15. '_Le droit de lever des soldats
appartenant uniquement a la nation, ou au souverain, personne ne peut
en envoler en pays etranger sans la permission du soverain: Ceux qui
entreprennant d'engager des soldats en pays etranger sans la permission
du souverain, et en general quiconque debauche les sujets d'autrui,
viole un des droits les plus sacres du prince et de la nation. C'est le
crime qu'on appelle plagiat, ou vol d'homme. Il n'est aucun etat police
qui ne le punisse tres severement_.' &c. For I choose to refer you to
the passage, rather than follow it through all its developements. The
testimony of these, and other writers, on the law and usage of nations,
with your own just reflections on them, will satisfy you that the
United States, in prohibiting all the belligerent powers from equipping,
arming, and manning vessels of war in their ports, have exercised
a right and a duty, with justice and with great moderation. By our
treaties with several of the belligerent powers, which are a part of
the laws of our land we have established a state of peace with them. But
without appealing to treaties, we are at peace with them all by the
law of nature. For by nature's law, man is at peace with man till some
aggression is committed, which, by the same law, authorizes one to
destroy another as his enemy. For our citizens then to commit murders
and depredations on the members of nations at peace with us, or combine
to do it, appeared to the executive, and to those whom they consulted,
as much against the laws of the land, as to murder or rob, or combine
to murder or rob its own citizens; and as much to require punishment, if
done within their limits, where they have a territorial jurisdiction,
or on the high seas, where they have a personal jurisdiction, that is
to say, one which reaches their own citizens only, this being an
appropriate part of each nation on an element where all have a common
jurisdiction. So say our laws, as we understand them ourselves. To them
the appeal is made; and whether we have construed them well or ill, the
constitutional judges will decide. Till that decision shall be obtained,
the government of the United States must pursue what they think right
with firmness, as is their duty. On the first attempt that was made, the
President was desirous of involvi