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Ottoman Algeria in Western Diplomatic History with ... - Bibliothèque

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was taken by the utmost seriousness. After the forged passports’ letter, Temple<br />

wrote Jay <strong>in</strong>quir<strong>in</strong>g whether it was “right and proper” for him to pay the duties<br />

on tea and silk sent as presents from Canton, Ch<strong>in</strong>a as he was required to do by<br />

the State of New York. 44 Report<strong>in</strong>g back to Temple, Jay communicated that<br />

“Consuls are not, by the laws or usage of nations, considered or treated as<br />

public M<strong>in</strong>isters,” and therefore “no consuls, of any nation, are entitled to such<br />

exemptions <strong>in</strong> the United States.” 45 In consequence, Temple had to pay for<br />

duties but at least he got a three-page long comprehensive report based on a<br />

lengthy debate <strong>in</strong> Congress.<br />

It should be underl<strong>in</strong>ed here that the American approach to the laws of<br />

nations was a two-tiered approach: <strong>in</strong>ternational laws were respected only<br />

when they could be <strong>in</strong>terpreted <strong>in</strong> a sense favorable to American national<br />

<strong>in</strong>terest. In the case of Temple’s imported tea, additional revenues for Congress<br />

were welcomed so Jay <strong>in</strong>voked the laws of nations to support his argument.<br />

Interpretation, however, would be completely different when it would be<br />

question of payment for treaties and tribute. In this case, pay<strong>in</strong>g would mean<br />

deduction from revenues; therefore it was unfavorable to the USA. For this<br />

reason, the self-<strong>in</strong>terested Americans were ready neither to accept to pay for<br />

treaties and tribute nor respect the laws of nations. Those were respected only<br />

when they were suitable to them.<br />

44 USDC, 6:33, From John Temple to John Jay, August 16, 1787.<br />

45 Ibid., 6:32-35, From John Jay to John Temple, September 25, 1787. The italics are from the<br />

researcher.<br />

174

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