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3892. INDEMNIFICATION, Principle of.—

I take the true principle to be, that “for
violations of jurisdiction, with the consent of
the sovereign, or his voluntary sufferance, indemnification
is due; but that for others he is
bound only to use all reasonable means to obtain
indemnification from the aggressor,
which must be calculated on his circumstances,
and these endeavors bonâ fide made;
and failing, he is no further responsible”. It
would be extraordinary, indeed, if we were
to be answerable for the conduct of belligerents
through our whole coasts, whether inhabited
or not.—
To James Madison. Washington ed. v, 69. Ford ed., ix, 47.
(M. April. 1807)