States, observing
that governments and jurisconsults have different views on this subject.

It is certain, that heretofore, they have been much divided in opinion,
as to the distance from their sea-coast to which they might reasonably
claim a right of prohibiting the commitment of hostilities. The greatest
distance to which any respectable assent among nations has been at any
time given, has been the extent of the human sight, estimated at upwards
of twenty miles; and the smallest distance, I believe, claimed by any
nation whatever, is the utmost range of a cannon ball, usually stated at
one sea league. Some intermediate distances have also been insisted
on, and that of three sea leagues has some authority in its favor.
The character of our coast, remarkable in considerable parts of it for
admitting no vessels of size to pass the shores, would entitle us
in reason to as broad a margin of protected navigation as any nation
whatever. Not proposing, however, at this time, and without a
respectful and friendly communication with the powers interested in this
navigation, to fix on the distance to which we may ultimately insist
on the right of protection, the President gives instructions to the
officers acting under his authority, to consider those heretofore given
them as restrained, for the present, to the distance of one sea league,
or three geographical miles, from the sea-shore. This distance can admit
of no opposition, as it is recognised by treaties between some of the
powers with whom we are connected in commerce and navigation, and is as
little or less than is claimed by any of them on their own coasts.

Future occasions will be taken to enter into explanations with them,
as to the ulterior extent to which we may reasonably carry our
jurisdiction. For that of the rivers and bays of the United States, the
laws of the several States are understood to have made provision, and
they are moreover, as being land-locked, within the body of the United
States.

Examining by this rule the case of the British brig Fanny, taken on the
8th of May last, it appears from the evidence that the capture was made
four or five miles from the land; and consequently, without the line
provisionally adopted by the President, as before mentioned.

I have the honor to be, with sentiments of respect and esteem, Sir, your
most obedient and most humble servant,

Th: Jefferson.

LETTER CLXXIII.--TO MR. GENET, November 22, 1793

TO M