CHAPTER I.

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G. Washington again unanimously elected President.... War between Great Britain and France.... Queries of the President respecting the conduct to be adopted by the American government.... Proclamation of neutrality.... Arrival of Mr. Genet as minister from France.... His conduct.... Illegal proceedings of the French cruisers.... Opinions of the cabinet.... State of parties.... Democratic societies.... Genet calculates upon the partialities of the American people for France, and openly insults their government.... Rules laid down by the executive to be observed in the ports of the United States in relation to the powers at war.... The President requests the recall of Genet.... British order of 8th of June, 1793.... Decree of the national convention relative to neutral commerce.

1793

The term for which the President and Vice President had been elected being about to expire on the third of March, the attention of the public had been directed to the choice of persons who should fill those high offices for the ensuing four years. Respecting the President, but one opinion prevailed. From various motives, all parties concurred in desiring that the present chief magistrate should continue to afford his services to his country. Yielding to the weight of the representations made to him from various quarters, General Washington had been prevailed upon to withhold a declaration, he had at one time purposed to make, of his determination to retire from political life.

Respecting the person who should fill the office of Vice President, the public was divided. The profound statesman who had been called to the duties of that station, had drawn upon himself a great degree of obloquy, by some political tracts, in which he had laboured to maintain the proposition that a balance in government was essential to the preservation of liberty. In these disquisitions, he was supposed by his opponents to have discovered sentiments in favour of distinct orders in society; and, although he had spoken highly of the constitution of the United States, it was imagined that his balance could be maintained only by hereditary classes. He was also understood to be friendly to the system of finance which had been adopted; and was believed to be among the few who questioned the durability of the French republic. His great services, and acknowledged virtues, were therefore disregarded; and a competitor was sought for among those who had distinguished themselves in the opposition. The choice was directed from Mr. Jefferson by a constitutional restriction on the power of the electors, which would necessarily deprive him of the vote to be given by Virginia. It being necessary to designate some other opponent to Mr. Adams, George Clinton, the governor of New York, was selected for this purpose.

Throughout the war of the revolution, this gentleman had filled the office of chief magistrate of his native state; and, under circumstances of real difficulty, had discharged its duties with a courage, and an energy, which secured the esteem of the Commander-in-chief, and gave him a fair claim to the favour of his country. Embracing afterwards with ardour the system of state supremacy, he had contributed greatly to the rejection of the resolutions for investing congress with the power of collecting an impost on imported goods, and had been conspicuous for his determined hostility to the constitution of the United States. His sentiments respecting the measures of the government were known to concur with those of the minority in congress.

George Washington again unanimously elected president.

Both parties seemed confident in their strength; and both made the utmost exertions to insure success. On opening the ballots in the senate chamber, it appeared that the unanimous suffrage of his country had been once more conferred on General Washington, and that Mr. Adams had received a plurality of the votes.

The unceasing endeavours of the executive to terminate the Indian war by a treaty, had at length succeeded with the savages of the Wabash; and, through the intervention of the Six Nations, those of the Miamis had also been induced to consent to a conference to be held in the course of the ensuing spring. Though probability was against the success of this attempt to restore peace, all offensive operations, on the part of the United States, were still farther suspended. The Indians did not entirely abstain from hostilities; and the discontents of the western people were in no small degree increased by this temporary prohibition of all incursions into the country of their enemy. In Georgia, where a desire to commence hostilities against the southern Indians had been unequivocally manifested, this restraint increased the irritation against the administration.

The Indian war was becoming an object of secondary magnitude. The critical and irritable state of things in France began so materially to affect the United States, as to require an exertion of all the prudence, and all the firmness, of the government. The 10th[1] of August, 1792, was succeeded in that nation by such a state of anarchy, and by scenes of so much blood and horror; the nation was understood to be so divided with respect to its future course; and the republican party was threatened by such a formidable external force; that there was much reason to doubt whether the fallen monarch would be finally deposed, or reinstated with a greater degree of splendour and power than the constitution just laid in ruins, had assigned to him. That, in the latter event, any partialities which might be manifested towards the intermediate possessors of authority, would be recollected with indignation, could not be questioned by an attentive observer of the vindictive spirit of parties;—a spirit which the deeply tragic scenes lately exhibited, could not fail to work up to its highest possible pitch. The American minister at Paris, finding himself in a situation not expected by his government, sought to pursue a circumspect line of conduct, which should in no respect compromise the United States. The executive council of France, disappointed at the coldness which that system required, communicated their dissatisfaction to their minister at Philadelphia. At the same time, Mr. Morris made full representations of every transaction to his government, and requested explicit instructions for the regulation of his future conduct.

The administration entertained no doubt of the propriety of recognizing the existing authority of France, whatever form it might assume. That every nation possessed a right to govern itself according to its own will, to change its institutions at discretion, and to transact its business through whatever agents it might think proper, were stated to Mr. Morris to be principles on which the American government itself was founded, and the application of which could be denied to no other people. The payment of the debt, so far as it was to be made in Europe, might be suspended only until the national convention should authorize some power to sign acquittances for the monies received; and the sums required for St. Domingo would be immediately furnished. These payments would exceed the instalments which had fallen due; and the utmost punctuality would be observed in future. These instructions were accompanied with assurances that the government would omit no opportunity of convincing the French people of its cordial wish to serve them; and with a declaration that all circumstances seemed to destine the two nations for the most intimate connexion with each other. It was also pressed upon Mr. Morris to seize every occasion of conciliating the affections of France to the United States, and of placing the commerce between the two countries on the best possible footing.[2]

The feelings of the President were in perfect unison with the sentiments expressed in this letter. His attachment to the French nation was as strong, as consistent with a due regard to the interests of his own; and his wishes for its happiness were as ardent, as was compatible with the duties of a chief magistrate to the state over which he presided. Devoted to the principles of real liberty, and approving unequivocally the republican form of government, he hoped for a favourable result from the efforts which were making to establish that form, by the great ally of the United States; but was not so transported by those efforts, as to involve his country in their issue; or totally to forget that those aids which constituted the basis of these partial feelings, were furnished by the family whose fall was the source of triumph to a large portion of his fellow citizens.

He therefore still preserved the fixed purpose of maintaining the neutrality of the United States, however general the war might be in Europe; and his zeal for the revolution did not assume so ferocious a character as to silence the dictates of humanity, or of friendship.

Not much time elapsed before the firmness of this resolution was put to the test.

War between Great Britain and France.

Early in April, the declaration of war made by France against Great Britain and Holland reached the United States. This event restored full vivacity to a flame, which a peace of ten years had not been able to extinguish. A great majority of the American people deemed it criminal to remain unconcerned spectators of a conflict between their ancient enemy and republican France. The feeling upon this occasion was almost universal. Men of all parties partook of it. Disregarding totally the circumstances which led to the rupture, except the order which had been given to the French minister to leave London, and disregarding equally the fact that actual hostilities were first commenced by France, the war was confidently and generally pronounced a war of aggression on the part of Great Britain, undertaken with the sole purpose of imposing a monarchical government on the French people. The few who did not embrace these opinions, and they were certainly very few, were held up as objects of public detestation; and were calumniated as the tools of Britain, and the satellites of despotism.

Yet the disposition to engage in the war, was far from being general. The inclination of the public led to a full indulgence of the most extravagant partiality; but not many were willing to encounter the consequences which that indulgence would infallibly produce. The situation of America was precisely that, in which the wisdom and foresight of a prudent and enlightened government, was indispensably necessary to prevent the nation from inconsiderately precipitating itself into calamities, which its reflecting judgment would avoid.

As soon as intelligence of the rupture between France and Britain was received in the United States, indications were given in some of the seaports, of a disposition to engage in the unlawful business of privateering on the commerce of the belligerent powers. The President was firmly determined to suppress these practices, and immediately requested the attention of the heads of departments to this interesting subject.

Queries put by the president to his cabinet in relation to the conduct proper to be adopted by the American government in consequence of this event.

As the new and difficult situation in which the United States were placed suggested many delicate inquiries, he addressed a circular letter to the cabinet ministers, inclosing for their consideration a well digested series of questions, the answers to which would form a complete system by which to regulate the conduct of the executive in the arduous situations which were approaching.[3]

These queries, with some of the answers of them, though submitted only to the cabinet, found their way to the leading members of the opposition; and were among the unacknowledged but operating pieces of testimony, on which the charge against the administration, of cherishing dispositions unfriendly to the French republic, was founded. In taking a view of the whole ground, points certainly occurred, and were submitted to the consideration of the cabinet, on which neither the chief magistrate nor his ministers felt any doubt. But the introduction of questions relative to these points, among others with which they were intimately connected, would present a more full view of the subject, and was incapable of producing any mischievous effect, while they were confined to those for whom alone they were intended.

In the meeting of the heads of departments and the attorney general, which was held in consequence of this letter, it was unanimously agreed, that a proclamation ought to issue, forbidding the citizens of the United States to take part in any hostilities on the seas, with, or against, any of the belligerent powers; warning them against carrying to any of those powers articles deemed contraband according to the modern usages of nations; and enjoining them from all acts inconsistent with the duties of a friendly nation towards those at war.

With the same unanimity, the President was advised to receive a minister from the republic of France; but, on the question respecting a qualification to his reception, a division was perceived. The secretary of state and the attorney general were of opinion, that no cause existed for departing in the present instance from the usual mode of acting on such occasions. The revolution in France, they conceived, had produced no change in the relations between the two nations; nor was there any thing in the alteration of government, or in the character of the war, which would impair the right of France to demand, or weaken the duty of the United States faithfully to comply with the engagements which had been solemnly formed.

The secretaries of the treasury, and of war, held a different opinion. Admitting in its fullest latitude the right of a nation to change its political institutions according to its own will, they denied its right to involve other nations, absolutely and unconditionally, in the consequences of the changes which it may think proper to make. They maintained the right of a nation to absolve itself from the obligations even of real treaties, when such a change of circumstances takes place in the internal situation of the other contracting party, as so essentially to alter the existing state of things, that it may with good faith be pronounced to render a continuance of the connexion which results from them, disadvantageous or dangerous.

They reviewed the most prominent of those transactions which had recently taken place in France, and noticed the turbulence, the fury, and the injustice with which they were marked. The Jacobin club at Paris, whose influence was well understood, had even gone so far, previous to the meeting of the convention, as to enter into measures with the avowed object of purging that body of those persons, favourers of royalty, who might have escaped the attention of the primary assemblies. This review was taken, to show that the course of the revolution had been attended with circumstances which militate against a full conviction of its having been brought to its present stage, by such a free, regular, and deliberate act of the nation, as ought to silence all scruples about the validity of what had been done. They appeared to doubt whether the present possessors of power ought to be considered as having acquired it with the real consent of France, or as having seized it by violence;—whether the existing system could be considered as permanent, or merely temporary.

They were therefore of opinion, not that the treaties should be annulled or absolutely suspended, but that the United States should reserve, for future consideration and discussion, the question whether the operation of those treaties ought not to be deemed temporarily and provisionally suspended. Should this be the decision of the government, they thought it due to a spirit of friendly and candid procedure, in the most conciliating terms, to apprize the expected minister of this determination.

On the questions relative to the application of the clause of guarantee to the existing war, some diversity of sentiment also prevailed. The secretary of state and the attorney general conceived, that no necessity for deciding thereon existed, while the secretaries of the treasury, and of war, were of opinion that the treaty of alliance was plainly defensive, and that the clause of guarantee did not apply to a war which, having been commenced by France, must be considered as offensive on the part of that power.

Against convening congress, the opinion appears to have been unanimous.

The cabinet being thus divided on an important part of the system which, in the present critical posture of affairs, ought to be adopted by the executive, the President signified his desire that the ministers would respectively state to him in writing the opinions they had formed, together with the reasoning and authorities by which those opinions were supported.

The written arguments which were presented on this occasion, while they attest the labour, and reflect honour on the talents of those by whom they were formed, and evince the equal sincerity and zeal with which the opinions on each side were advanced, demonstrate an opposition of sentiment respecting the French revolution, which threatened to shed its influence on all measures connected with that event, and to increase the discord which already existed in the cabinet.

So far as respected the reception of a minister from the French republic without qualifying that act by any explanations, and the continuing obligation of the treaties, the President appears to have decided in favour of the opinions given by the secretary of state and the attorney general.

Proclamation of neutrality.

The proclamation of neutrality which was prepared by the attorney general, in conformity with the principles which had been adopted, was laid before the cabinet; and, being approved, was signed by the President, and ordered to be published.

This measure derives importance from the consideration, that it was the commencement of that system to which the American government afterwards inflexibly adhered, and to which much of the national prosperity is to be ascribed. It is not less important in another view. Being at variance with the prejudices, the feelings, and the passions of a large portion of the society, and being founded on no previous proceedings of the legislature, it presented the first occasion, which was thought a fit one, for openly assaulting a character, around which the affections of the people had thrown an armour theretofore deemed sacred, and for directly criminating the conduct of the President himself. It was only by opposing passions to passions, by bringing the feeling in favour of France, into conflict with those in favour of the chief magistrate, that the enemies of the administration could hope to obtain the victory.

For a short time, the opponents of this measure treated it with some degree of delicacy. The opposition prints occasionally glanced at the executive; considered all governments, including that of the United States, as naturally hostile to the liberty of the people; and ascribed to this disposition, the combination of European governments against France, and the apathy with which this combination was contemplated by the executive. At the same time, the most vehement declamations were published, for the purpose of inflaming the resentments of the people against Britain; of enhancing the obligations of America to France; of confirming the opinions, that the coalition of European monarchs was directed, not less against the United States, than against that power to which its hostility was avowed, and that those who did not avow this sentiment were the friends of that coalition, and equally the enemies of America and France.

These publications, in the first instance, sufficiently bitter, quickly assumed a highly increased degree of acrimony.As soon as the commotions which succeeded the deposition of Louis XVI. had, in some degree, subsided, the attention of the French government was directed to the United States, and the resolution was taken to recall the minister who had been appointed by the king; and to replace him with one who might be expected to enter, with more enthusiasm, into the views of the republic.[4]

The citizen Genet, a gentleman of considerable talents, and of an ardent temper, was selected for this purpose.

The letters he brought to the executive of the United States, and his instructions, which he occasionally communicated, were, in a high degree, flattering to the nation, and decently respectful to its government. But Mr. Genet was also furnished with private instructions, which the course of subsequent events tempted him to publish. These indicate that, if the American executive should not be found sufficiently compliant with the views of France, the resolution had been taken to employ with the people of the United States the same policy which was so successfully used with those of Europe; and thus to affect an object which legitimate negotiations might fail to accomplish.

Arrival of Mr. Genet as minister from France.
His conduct.

Mr. Genet possessed many qualities which were peculiarly adapted to the objects of his mission; but he seems to have been betrayed by the flattering reception which was given him, and by the universal fervour expressed for his republic, into a too speedy disclosure of his intentions.

On the eighth of April he arrived, not at Philadelphia, but at Charleston, in South Carolina, a port whose contiguity to the West Indies would give it peculiar convenience as a resort for privateers. He was received by the governor of that state, and by its citizens, with an enthusiasm well calculated to dissipate every doubt he might previously have entertained, concerning the dispositions on which he was to operate. At this place he continued for several days, receiving extravagant marks of public attachment, during which time, he undertook to authorize the fitting and arming of vessels in that port, enlisting men, and giving commissions to cruise and commit hostilities on nations with whom the United States were at peace. The captures made by these cruisers were brought into port, and the consuls of France were assuming, under the authority of Mr. Genet, to hold courts of admiralty on them, to try, condemn, and authorize their sale.

From Charleston, Mr. Genet proceeded by land to Philadelphia, receiving on his journey, at the different towns through which he passed, such marks of enthusiastic attachment as had never before been lavished on a foreign minister. On the 16th of May, he arrived at the seat of government, preceded by the intelligence of his transactions in South Carolina. This information did not diminish the extravagant transports of joy with which he was welcomed by the great body of the inhabitants. Means had been taken to render his entry pompous and triumphal; and the opposition papers exultingly stated that he was met at Gray's ferry by "crowds who flocked from every avenue of the city, to meet the republican ambassador of an allied nation."

The day succeeding his arrival, he received addresses of congratulation from particular societies, and from the citizens of Philadelphia, who waited on him in a body, in which they expressed their fervent gratitude for the "zealous and disinterested aids," which the French people had furnished to America, unbounded exultation at the success with which their arms had been crowned, and a positive conviction that the safety of the United States depended on the establishment of the republic. The answers to these addresses were well calculated to preserve the idea of a complete fraternity between the two nations; and that their interests were identified.

The day after being thus accredited by the citizens of Philadelphia, he was presented to the President, by whom he was received with frankness, and with expressions of a sincere and cordial regard for his nation. In the conversation which took place on this occasion, Mr. Genet gave the most explicit assurances that, in consequence of the distance of the United States from the theatre of action, and of other circumstances, France did not wish to engage them in the war, but would willingly leave them to pursue their happiness and prosperity in peace. The more ready faith was given to these declarations, because it was believed that France might derive advantages from the neutrality of America, which would be a full equivalent for any services which she could render as a belligerent.

Before the ambassador of the republic had reached the seat of government, a long catalogue of complaints, partly founded on his proceedings in Charleston, had been made by the British minister to the American executive.

This catalogue was composed of the assumptions of sovereignty already mentioned;—assumptions calculated to render America an instrument of hostility to be wielded by France against those powers with which she might be at war.

Illegal proceedings of the French cruisers.

These were still further aggravated by the commission of actual hostilities within the territories of the United States. The ship Grange, a British vessel which had been cleared out from Philadelphia, was captured by the French frigate L'Ambuscade within the capes of the Delaware, while on her way to the ocean.

The prizes thus unwarrantly made, being brought within the power of the American government, Mr. Hammond, among other things, demanded a restitution of them.

On many of the points suggested by the conduct of Mr. Genet, and by the memorials of the British minister, it would seem impossible that any difference of opinion could exist among intelligent men, not under the dominion of a blind infatuation. Accordingly it was agreed in the cabinet, without a dissenting voice, that the jurisdiction of every independent nation, within the limits of its own territory, being of a nature to exclude the exercise of any authority therein by a foreign power, the proceedings complained of, not being warranted by any treaty, were usurpations of national sovereignty, and violations of neutral rights, a repetition of which it was the duty of the government to prevent.

It was also agreed that the efficacy of the laws should be tried against those citizens of the United States who had joined in perpetrating the offence.

Opinions of the Cabinet in relation thereto.

The question of restitution, except as to the Grange, was more dubious. The secretary of state and the attorney general contended that, if the commissions granted by Mr. Genet were invalid, the captures were totally void, and the courts would adjudge the property to remain in the former owners. In this point of view, therefore, there being a regular remedy at law, it would be irregular for the government to interpose.

If, on the contrary, the commissions were good, then, the captures having been made on the high seas, under a valid commission from a power at war with Great Britain, the original right of the British owner was, by the laws of war, transferred to the captor.

The legal right being in the captor, it could only be taken from him by an act of force, that is to say, of reprisal for the offence committed against the United States in the port of Charleston. Reprisal is a very serious thing, ought always to be preceded by a demand and refusal of satisfaction, is generally considered as an act of war, and never yet failed to produce it in the case of a nation able to make war.

Martha Washington

Martha Washington

From the portrait by James Sharples

This is one of the three Sharples portraits of the Washington family and the only good profile of Martha Washington that was painted from life. Martha, who was a few months younger than her husband, is described as having been "amiable in character and lovely in person." By the courtesy of the period she was called Lady Washington, and whether in her own home or at the "federal court," she presided with marked dignity and grace. She died at Mount Vernon, May 22, 1802, having survived her husband two and a half years.

Courtesy Herbert L. Pratt

Admitting the case to be of sufficient importance to require reprisal, and to be ripe for that step, the power of taking it was vested by the constitution in congress, not in the executive department of the government.

Of the reparation for the offence committed against the United States, they were themselves the judges, and could not be required by a foreign nation, to demand more than was satisfactory to themselves. By disavowing the act, by taking measures to prevent its repetition, by prosecuting the American citizens who were engaged in it, the United States ought to stand justified with Great Britain; and a demand of further reparation by that power would be a wrong on her part.

The circumstances under which these equipments had been made, in the first moments of the war, before the government could have time to take precautions against them, and its immediate disapprobation of those equipments, must rescue it from every imputation of being accessory to them, and had placed it with the offended, not the offending party.

Those gentlemen were therefore of opinion, that the vessels which had been captured on the high seas, and brought into the United States, by privateers fitted out and commissioned in their ports, ought not to be restored.

The secretaries of the treasury, and of war, were of different opinion. They urged that a neutral, permitting itself to be made an instrument of hostility by one belligerent against another, became thereby an associate in the war. If land or naval armaments might be formed by France within the United States, for the purpose of carrying on expeditions against her enemy, and might return with the spoils they had taken, and prepare new enterprises, it was apparent that a state of war would exist between America and those enemies, of the worst kind for them: since, while the resources of the country were employed in annoying them, the instruments of this annoyance would be occasionally protected from pursuit, by the privileges of an ostensible neutrality. It was easy to see that such a state of things could not be tolerated longer than until it should be perceived.

It being confessedly contrary to the duty of the United States, as a neutral nation, to suffer privateers to be fitted in their ports to annoy the British trade, it seemed to follow that it would comport with their duty, to remedy the injury which may have been sustained, when it is in their power so to do.

That the fact had been committed before the government could provide against it might be an excuse, but not a justification. Every government is responsible for the conduct of all parts of the community over which it presides, and is supposed to possess, at all times, the means of preventing infractions of its duty to foreign nations. In the present instance, the magistracy of the place ought to have prevented them. However valid this excuse might have been, had the privateers expedited from Charleston been sent to the French dominions, there to operate out of the reach of the United States, it could be of no avail when their prizes were brought into the American ports, and the government, thereby, completely enabled to administer a specific remedy for the injury.

Although the commissions, and the captures made under them, were valid as between the parties at war, they were not so as to the United States. For the violation of their rights, they had a claim to reparation, and might reasonably demand, as the reparation to which they were entitled, restitution of the property taken, with or without an apology for the infringement of their sovereignty. This they had a right to demand as a species of reparation consonant with the nature of the injury, and enabling them to do justice to the party in injuring whom they had been made instrumental. It could be no just cause of complaint on the part of the captors that they were required to surrender a property, the means of acquiring which took their origin in a violation of the rights of the United States.

On the other hand, there was a claim on the American government to arrest the effects of the injury or annoyance to which it had been made accessory. To insist therefore on the restitution of the property taken, would be to enforce a right, in order to the performance of a duty.

These commissions, though void as to the United States, being valid as between the parties, the case was not proper for the decision of the courts of justice. The whole was an affair between the governments of the parties concerned, to be settled by reasons of state, not rules of law. It was the case of an infringement of national sovereignty to the prejudice of a third party, in which the government was to demand a reparation, with the double view of vindicating its own rights, and of doing justice to the suffering party.

They, therefore, were of opinion that, in the case stated for their consideration, restitution ought to be made.

On the point respecting which his cabinet was divided, the President took time to deliberate. Those principles on which a concurrence of sentiment had been manifested being considered as settled, the secretary of state was desired to communicate them to the ministers of France and Britain; and circular letters were addressed to the executives of the several states, requiring their co-operation, with force if necessary, in the execution of the rules which were established.

The citizen Genet was much dissatisfied with these decisions of the American government. He thought them contrary to natural right, and subversive of the treaties by which the two nations were connected. In his exposition of these treaties, he claimed, for his own country, all that the two nations were restricted from conceding to others, thereby converting negative limitations into an affirmative grant of privileges to France.

Without noticing a want of decorum in some of the expressions which Mr. Genet had employed, he was informed that the subjects on which his letter treated had, from respect to him, been reconsidered by the executive; but that no cause was perceived for changing the system which had been adopted. He was further informed that, in the opinion of the President, the United States owed it to themselves, and to the nations in their friendship, to expect, as a reparation for the offence of infringing their sovereignty, that the vessels, thus illegally equipped, would depart from their ports.

Mr. Genet was not disposed to acquiesce in these decisions. Adhering to his own construction of the existing treaty, he affected to consider the measures of the American government as infractions of it, which no power in the nation had a right to make, unless the United States in congress assembled should determine that their solemn engagements should no longer be performed. Intoxicated with the sentiments expressed by a great portion of the people, and unacquainted with the firm character of the executive, he seems to have expected that the popularity of his nation would enable him to overthrow that department, or to render it subservient to his views. It is difficult otherwise to account for his persisting to disregard its decisions, and for passages with which his letters abound, such as the following:

"Every obstruction by the government of the United States to the arming of French vessels must be an attempt on the rights of man, upon which repose the independence and laws of the United States; a violation of the ties which unite the people of France and America; and even a manifest contradiction of the system of neutrality of the President; for, in fact, if our merchant vessels,[5] or others, are not allowed to arm themselves, when the French alone are resisting the league of all the tyrants against the liberty of the people, they will be exposed to inevitable ruin in going out of the ports of the United States, which is certainly not the intention of the people of America. Their fraternal voice has resounded from every quarter around me, and their accents are not equivocal. They are pure as the hearts of those by whom they are expressed, and the more they have touched my sensibility, the more they must interest in the happiness of America the nation I represent;—the more I wish, sir, that the federal government should observe, as far as in their power, the public engagements contracted by both nations; and that, by this generous and prudent conduct, they will give at least to the world, the example of a true neutrality, which does not consist in the cowardly abandonment of their friends in the moment when danger menaces them, but in adhering strictly, if they can do no better, to the obligations they have contracted with them. It is by such proceedings that they will render themselves respectable to all the powers; that they will preserve their friends and deserve to augment their numbers."

A few days previous to the reception of the letter from which the above is an extract, two citizens of the United States, who had been engaged by Mr. Genet in Charleston to cruise in the service of France, were arrested by the civil magistrate, in pursuance of the determination formed by the executive for the prosecution of persons having thus offended against the laws. Mr. Genet demanded their release in the following extraordinary terms:

"I have this moment been informed that two officers in the service of the republic of France, citizen Gideon Henfield and John Singletary, have been arrested on board the privateer of the French republic, the Citizen Genet, and conducted to prison. The crime laid to their charge—the crime which my mind can not conceive, and which my pen almost refuses to state,—is the serving of France, and defending with her children the common glorious cause of liberty.

"Being ignorant of any positive law or treaty which deprives Americans of this privilege, and authorizes officers of police arbitrarily to take mariners in the service of France from on board their vessels, I call upon your intervention, sir, and that of the President of the United States, in order to obtain the immediate releasement of the above mentioned officers, who have acquired, by the sentiments animating them, and by the act of their engagement, anterior to every act to the contrary, the right of French citizens, if they have lost that of American citizens."

This lofty offensive style could not fail to make a deep impression on a mind penetrated with a just sense of those obligations by which the chief magistrate is bound to guard the dignity of his government, and to take care that his nation be not degraded in his person. Yet, in no single instance, did the administration, in its communications with Mr. Genet, permit itself to be betrayed into the use of one intemperate expression. The firmness with which the extravagant pretensions of that gentleman were resisted, proceeding entirely from a sense of duty and conviction of right, was unaccompanied with any marks of that resentment which his language and his conduct were alike calculated to inspire.

Mr. Genet appears to have been prevented from acquiescing in a line of conduct thus deliberately adopted and prudently pursued, by a belief that the sentiments of the people were in direct opposition to the measures of their government. So excessive, and so general, were the demonstrations of enthusiastic devotion to France; so open were their expressions of outrage and hostility towards all the powers at war with that republic; so thin was the veil which covered the chief magistrate from that stream of malignant opprobrium directed against every measure which thwarted the views of Mr. Genet; that a person less sanguine than that minister might have cherished the hope of being able ultimately to triumph over the opposition to his designs. Civic festivals, and other public assemblages of people, at which the ensigns of France were displayed in union with those of America; at which the red cap, as a symbol of French liberty and fraternity, triumphantly passed from head to head; at which toasts were given expressive of a desire to identify the people of America with those of France; and, under the imposing guise of adhering to principles not to men, containing allusions to the influence of the President which could not be mistaken; appeared to Mr. Genet to indicate a temper extremely favourable to his hopes, and very different from that which would be required for the preservation of an honest neutrality. Through the medium of the press, these sentiments were communicated to the public, and were represented as flowing from the hearts of the great body of the people. In various other modes, that important engine contributed its powerful aid to the extension of opinions, calculated, essentially, to vary the situation of the United States. The proclamation of neutrality which was treated as a royal edict, was not only considered as assuming powers not belonging to the executive, and, as evidencing the monarchical tendencies of that department, but as demonstrating the disposition of the government to break its connexions with France, and to dissolve the friendship which united the people of the two republics. The declaration that "the duty and interest of the United States required that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial towards the belligerent powers," gave peculiar umbrage. The scenes of the revolutionary war were brought into review; the object and effect of British hostility were painted in glowing colours; and the important aids afforded by France were drawn with a pencil not less animated. That the conduct of Britain, since the treaty of peace had furnished unequivocal testimony of enmity to the United States, was strongly pressed. With this continuing enmity was contrasted the amicable dispositions professed by the French republic; and it was asked with indignation, whether the interests of the United States required that they should pursue "a line of conduct entirely impartial between these two powers? That the services of the one as well as the injuries of the other, should be forgotten? that a friend and an enemy should be treated with equal favour? and that neither gratitude nor resentment should constitute a feature of the American character?" The supposed freedom of the French was opposed to the imagined slavery of the English; and it was demanded whether "the people of America were alike friendly to republicanism and to monarchy? to liberty and to despotism?"

With infectious enthusiasm it was contended, that there was a natural and inveterate hostility between monarchies and republics; that the present combination against France was a combination against liberty in every part of the world; and that the destinies of America were inseparably linked with those of the French republic.

On the various points of controversy which had arisen between the executive and Mr. Genet, this active and powerful party openly and decidedly embraced the principles for which that minister contended. It was assumed that his demands were sanctioned by subsisting treaties, and that his exposition of those instruments was perfectly correct. The conduct of the executive in withholding privileges to which France was said to be entitled by the most solemn engagements, was reprobated with extreme acrimony; was considered as indicative of a desire to join the coalesced despots in their crusade against liberty; and as furnishing to the French republic such just motives for war, that it required all her moderation and forbearance to restrain her from declaring it against the United States.

Mr. Genet was exhorted not to relax in his endeavours to maintain the just rights of his country; and was assured that, in the affections of the people, he would find a firm and certain support.

These principles and opinions derived considerable aid from the labours and intrigues of certain societies, who had constituted themselves the guardians of American liberty.

The manner in which that attention of the conduct of those invested with the power which is essential in balanced governments, may safely be employed, had been so misconceived, that temporary and detached clubs of citizens had occasionally been formed in different parts of the United States, for the avowed purpose of watching the conduct of their rulers. After the adoption of the constitution, some slight use was made, by its enemies, of this weapon; and, in the German Republican Society particularly, many of the most strenuous opponents of the administration were collected.

Democratic societies formed.

The force and power of these institutions had been fully developed, and their efficacy in prostrating existing establishments clearly ascertained by the revolution in France. The increased influence which they derived from corresponding with each other, had been unequivocally demonstrated; and soon after the arrival of Mr. Genet, a democratic society was formed in Philadelphia on the model of the Jacobin club in Paris. An anxious solicitude for the preservation of freedom, the very existence of which was menaced by a "European confederacy transcendent in power and unparalleled in iniquity;" which was endangered also by "the pride of wealth and arrogance of power," displayed within the United States; was the motive assigned for the association. "A constant circulation of useful information, and a liberal communication of republican sentiments, were thought to be the best antidotes to any political poison with which the vital principle of civil liberty might be attacked:" and to give the more extensive operation to their labours, a corresponding committee was appointed, through whom they would communicate with other societies, which might be established on similar principles, throughout the United States.

Faithful to their founder, and true to the real objects of their association, these societies continued, during the term of their existence, to be the resolute champions of all the encroachments attempted by the agents of the French republic on the government of the United States, and the steady defamers of the views and measures of the American executive.

Thus strongly supported, Mr. Genet persisted in his construction of the treaties between the two nations; and, in defiance of the positive determination of the government, continued to act according to that construction.

The President was called to Mount Vernon by urgent business, which detained him less than three weeks; and, in his absence, the heads of departments superintended the execution of those rules which had been previously established.

In this short interval, a circumstance occurred, strongly marking the rashness of the minister of France, and his disrespect to the executive of the United States.

The Little Sarah, an English merchantman, had been captured by a French frigate, and brought into the port of Philadelphia, where she was completely equipped as a privateer, and was just about to sail on a cruise under the name of le petit Democrat, when the secretary of the treasury communicated her situation to the secretaries of state and of war; in consequence of which, Governor Mifflin was desired to cause an examination of the fact. The warden of the port was directed to institute the proper inquiries; and late in the evening of the sixth of July, he reported her situation, and that she was to sail the next day.

Genet calculates upon the partialities of the American people for France and openly insults their government.

In pursuance of the instructions which had been given by the President, the governor immediately sent Mr. Secretary Dallas for the purpose of prevailing on Mr. Genet to relieve him from the employment of force, by detaining the vessel in port until the arrival of the President, who was then on his way from Mount Vernon. Mr. Dallas communicated this message to the French minister in terms as conciliatory as its nature would permit. On receiving it, he gave a loose to the most extravagant passion. After exclaiming with vehemence against the measure, he complained, in strong terms, and with many angry epithets, of the ill treatment which he had received from some of the officers of the general government, which he contrasted with the cordial attachment that was expressed by the people at large for his nation. He ascribed the conduct of those officers to principles inimical to the cause of France, and of liberty. He insinuated that, by their influence, the President had been misled; and observed with considerable emphasis, that the President was not the sovereign of this country. The powers of peace and war being vested in congress, it belonged to that body to decide those questions growing out of treaties which might involve peace or war; and the President, therefore, ought to have assembled the national legislature before he ventured to issue his proclamation of neutrality, or to prohibit, by his instructions to the state governors, the enjoyment of the particular rights which France claimed under the express stipulations of the treaty of commerce. The executive construction of that treaty was neither just nor obligatory; and he would make no engagement which might be construed into a relinquishment of rights which his constituents deemed indispensable. In the course of this vehement and angry declamation, he spoke of publishing his correspondence with the officers of government, together with a narrative of his proceedings; and said that, although the existing causes would warrant an abrupt departure, his regard for the people of America would induce him to remain here, amidst the insults and disgusts that he daily suffered in his official character from the public officers, until the meeting of congress; and if that body should agree in the opinions and support the measures of the President, he would certainly withdraw, and leave the dispute to be adjusted between the two nations themselves. His attention being again called by Mr. Dallas to the particular subject, he peremptorily refused to enter into any arrangements for suspending the departure of the privateer, and cautioned him against any attempt to seize her, as she belonged to the republic; and, in defence of the honour of her flag, would unquestionably repel force by force.

On receiving the report of Mr. Dallas, Governor Mifflin ordered out one hundred and twenty militia, for the purpose of taking possession of the privateer; and communicated the case, with all its circumstances, to the officers of the executive government. On the succeeding day, Mr. Jefferson waited on Mr. Genet, in the hope of prevailing on him to pledge his word that the privateer should not leave the port until the arrival of the President. The minister was not less intemperate with Mr. Jefferson than he had been with Mr. Dallas. He indulged himself, in a repetition of nearly the same passionate language, and again spoke, with extreme harshness, of the conduct of the executive. He persisted in refusing to make any engagements for the detention of the vessel; and, after his rage had in some degree spent itself, he entreated that no attempt might be made to take possession of her, as her crew was on board, and force would be repelled by force.

He then also said that she was not ready to sail immediately. She would change her position, and fall down the river a small distance on that day; but was not yet ready to sail.

In communicating this conversation to Governor Mifflin, Mr. Jefferson stated his conviction that the privateer would remain in the river until the President should decide on her case; in consequence of which, the governor dismissed the militia, and requested the advice of the heads of departments on the course which it would be proper for him to pursue. Both the governor and Mr. Jefferson stated, that in reporting the conversation between Mr. Genet and himself, Mr. Dallas had said that Mr. Genet threatened, in express terms, "to appeal from the President to the people."

Thus braved and insulted in the very heart of the American empire, the secretaries of the treasury, and of war, were of opinion that it was expedient to take immediate provisional measures for establishing a battery on Mud Island, under cover of a party of militia, with directions, that if the vessel should attempt to depart before the pleasure of the President should be known concerning her, military coercion should be employed to arrest her progress.

The secretary of state dissenting from this opinion, the measure was not adopted. The vessel fell down to Chester before the arrival of the President, and sailed on her cruise before the power of the government could be interposed.

On the 11th of July the President reached Philadelphia, and requested that his cabinet ministers would convene at his house the next day at nine in the morning.

Among the papers placed in his hands by the secretary of state, which required immediate attention, were those which related to the Little Democrat. On reading them, a messenger was immediately despatched for the secretary, but he had retired, indisposed, to his seat in the country. Upon hearing this, the President instantly addressed a letter to him, of which the following is an extract. "What is to be done in the case of the Little Sarah, now at Chester? Is the minister of the French republic to set the acts of this government at defiance with impunity—and then threaten the executive with an appeal to the people? What must the world think of such conduct? and of the government of the United States in submitting to it?

"These are serious questions—circumstances press for decision;—and as you have had time to consider them, (upon me they come unexpectedly,) I wish to know your opinion upon them even before to-morrow—for the vessel may then be gone."

In answer to this letter, the secretary stated the assurances which had on that day been given to him by Mr. Genet, that the vessel would not sail before the President's decision respecting her should be made. In consequence of this information, immediate coercive measures were suspended; and in the council of the succeeding day it was determined to retain in port all[6] privateers which had been equipped by any of the belligerent powers within the United States. This determination was immediately communicated to Mr. Genet; but, in contempt of it, the Little Democrat proceeded on her cruise.In this, as in every effort made by the executive to maintain the neutrality of the United States, that great party which denominated itself "THE PEOPLE," could perceive only a settled hostility to France and to liberty, a tame subserviency to British policy, and a desire, by provoking France, to engage America in the war, for the purpose of extirpating republican principles.[7]

The administration received strong additional evidence of the difficulty that would attend an adherence to the system which had been commenced, in the acquittal of Gideon Henfield.

A prosecution had been instituted against this person who had enlisted in Charleston on board a French privateer equipped in that port, which had brought her prizes into the port of Philadelphia. This prosecution had been directed under the advice of the attorney general, who was of opinion, that persons of this description were punishable for having violated subsisting treaties, which, by the constitution, are the supreme law of the land; and that they were also indictable at common law, for disturbing the peace of the United States.

It could not be expected that the democratic party would be inattentive to an act so susceptible of misrepresentation. Their papers sounded the alarm; and it was universally asked, "what law had been offended, and under what statute was the indictment supported? Were the American people already prepared to give to a proclamation the force of a legislative act, and to subject themselves to the will of the executive? But if they were already sunk to such a state of degradation, were they to be punished for violating a proclamation which had not been published when the offence was committed, if indeed it could be termed an offence to engage with France, combating for liberty against the combined despots of Europe?"

As the trial approached, a great degree of sensibility was displayed; and the verdict in favour of Henfield was celebrated with extravagant marks of joy and exultation. It bereaved the executive of the strength to be derived from an opinion, that punishment might be legally inflicted on those who should openly violate the rules prescribed for the preservation of neutrality; and exposed that department to the obloquy of having attempted a measure which the laws would not justify.

About this time, a question growing out of the war between France and Britain, the decision of which would materially affect the situation of the United States, was presented to the consideration of the executive.

It will be recollected that during the war which separated America from Britain, the celebrated compact termed the armed neutrality was formed in the north of Europe, and announced to the belligerent powers. A willingness to acquiesce in the principles it asserted, one of which was that free bottoms should make free goods, was expressed by the governments engaged in the war, with the single exception of Great Britain. But, however favourably the United States, as a belligerent, might view a principle which would promote the interests of inferior maritime powers, they were not willing, after the termination of hostilities, to enter into engagements for its support which might endanger their future peace; and, in this spirit, instructions were given to their ministers in Europe.

This principle was ingrafted into the treaty of commerce with France; but no stipulation on the subject had been made with England. It followed, that, with France, the character of the bottom was imparted to the cargo; but with Britain, the law of nations was the rule by which the respective rights of the belligerent and neutral were to be decided.

Construing this rule to give security to the goods of a friend in the bottoms of an enemy, and to subject the goods of an enemy to capture in the bottoms of a friend, the British cruisers took French property out of American vessels, and their courts condemned it as lawful prize.

Mr. Genet had remonstrated against the acquiescence of the American executive in this exposition of the law of nations, in such terms as he was accustomed to employ; and on the 9th of July, in the moment of the contest respecting the Little Democrat, he had written a letter demanding an immediate and positive answer to the question, what measures the President had taken, or would take, to cause the American flag to be respected? He observed, that "as the English would continue to carry off, with impunity, French citizens, and French property found on board of American vessels, without embarrassing themselves with the philosophical principles proclaimed by the President of the United States," and as the embarrassing engagements of France deprived her of the privileges of making reprisals at every point, it was necessary for the interests of both nations, quickly to agree on taking other measures.

Not receiving an immediate answer, Mr. Genet, towards the close of July, again addressed the secretary of state on the subject. In this extraordinary letter, after complaining of the insults offered to the American flag by seizing the property of Frenchmen confided to its protection, he added, "your political rights are counted for nothing. In vain do the principles of neutrality establish, that friendly vessels make friendly goods; in vain, sir, does the President of the United States endeavour, by his proclamation, to reclaim the observation of this maxim; in vain does the desire of preserving peace lead to sacrifice the interests of France to that of the moment; in vain does the thirst of riches preponderate over honour in the political balance of America: all this management, all this condescension, all this humility, end in nothing; our enemies laugh at it; and the French, too confident, are punished for having believed that the American nation had a flag, that they had some respect for their laws, some conviction of their strength, and entertained some sentiment of their dignity. It is not possible for me, sir, to paint to you all my sensibility at this scandal which tends to the diminution of your commerce, to the oppression of ours, and to the debasement and vilification of republics. It is for Americans to make known their generous indignation at this outrage; and I must confine myself to demand of you a second time, to inform me of the measures which you have taken, in order to obtain restitution of the property plundered from my fellow citizens, under the protection of your flag. It is from our government they have learnt that the Americans were our allies, that the American nation was sovereign, and that they knew how to make themselves respected. It is then under the very same sanction of the French nation, that they have confided their property and persons to the safeguard of the American flag; and on her, they submit the care of causing those rights to be respected. But if our fellow citizens have been deceived, if you are not in a condition to maintain the sovereignty of your people, speak; we have guaranteed it when slaves, we shall be able to render it formidable, having become freemen."

On the day preceding the date of this offensive letter, the secretary of state had answered that of the 9th of July; and, without noticing the unbecoming style in which the decision of the executive was demanded, had avowed and defended the opinion, that "by the general law of nations, the goods of an enemy found in the vessels of a friend are lawful prize." This fresh insult might therefore be passed over in silence.

While a hope remained that the temperate forbearance of the executive, and the unceasing manifestations of its friendly dispositions towards the French republic, might induce the minister of that nation to respect the rights of the United States, and to abstain from violations of their sovereignty, an anxious solicitude not to impair the harmony which he wished to maintain between the two republics, had restrained the President from adopting those measures respecting Mr. Genet, which the conduct of that gentleman required. He had seen a foreign minister usurp within the territories of the United States some of the most important rights of sovereignty, and persist, after the prohibition of the government, in the exercise of those rights. In asserting this extravagant claim, so incompatible with national independence, the spirit in which it originated had been pursued, and the haughty style of a superior had been substituted for the respectful language of diplomacy. He had seen the same minister undertake to direct the civil government; and to pronounce, in opposition to the decisions of the executive, in what departments of the constitution of the United States had placed certain great national powers. To render this state of things more peculiarly critical and embarrassing, the person most instrumental in producing it, had, from his arrival, thrown himself into the arms of the people, stretched out to receive him; and was emboldened by their favour, to indulge the hope of succeeding in his endeavours, either to overthrow their government, or to bend it to his will. But the full experiment had now been made; and the result was a conviction not to be resisted, that moderation would only invite additional injuries, and that the present insufferable state of things could be terminated only by procuring the removal of the French minister, or by submitting to become, in his hands, the servile instrument of hostility against the enemies of his nation. Information was continually received from every quarter, of fresh aggressions on the principles established by the government; and, while the executive was thus openly disregarded and contemned, the members of the administration were reproached in all the papers of an active and restless opposition, as the violators of the national faith, the partisans of monarchy, and the enemies of liberty and of France.The unwearied efforts of that department to preserve that station in which the various treaties in existence had placed the nation, were incessantly calumniated[8] as infractions of those treaties, and ungrateful attempts to force the United States into the war against France.

The judgment of the President was never hastily formed; but, once made up, it was seldom to be shaken. Before the last letter of Mr. Genet was communicated to him, he seems to have determined to take decisive measures respecting that minister.

Rules laid down by the executive in relation to the powers at war within the ports of the United States.
The president requests the recall of Genet.

That the course to be pursued might be well considered, the secretary of state was requested to collect all the correspondence with him, to be laid before a cabinet council about to be held for the purpose of adjusting a complete system of rules to be observed by the belligerents in the ports of the United States. These rules were discussed at several meetings, and finally, on the third of August, received the unanimous approbation of the cabinet. They[9] evidence the settled purpose of the executive, faithfully to observe all the national engagements, and honestly to perform the duties of that neutrality in which the war found them, and in which those engagements left them free to remain.

In the case of the minister of the French republic, it was unanimously agreed that a letter should be written to Mr. Morris, the minister of the United States at Paris, stating the conduct of Mr. Genet, resuming the points of difference which had arisen between the government and that gentleman, assigning the reasons for the opinion of the former, desiring the recall of the latter, and directing that this letter, with those which had passed between Mr. Genet and the secretary of state, should be laid before the executive of the French government.

To a full view of the transactions of the executive with Mr. Genet, and an ample justification of its measures, this able diplomatic performance adds assurances of unvarying attachment to France, expressed in such terms of unaffected sensibility, as to render it impossible to suspect the sincerity of the concluding sentiment—"that, after independence and self-government, there was nothing America more sincerely wished than perpetual friendship with them."

An adequate idea of the passion it excited in Mr. Genet, who received the communication in September, at New York, can be produced only by a perusal of his letter addressed, on that occasion, to the secretary of state. The asperity of his language was not confined to the President, whom he still set at defiance, whom he charged with transcending the limits prescribed by the constitution, and of whose accusation before congress he spoke as an act of justice "which the American people, which the French people, which all free people were interested to reclaim:" nor to those "gentlemen who had been painted to him so often as aristocrats, partisans of monarchy, partisans of England, and consequently enemies of the principles which all good Frenchmen had embraced with a religious enthusiasm." Its bitterness was also extended to the secretary of state himself, whom he had been induced to consider as his personal friend, and who had, he said, "initiated him into mysteries which had inflamed his hatred against all those who aspire to an absolute power."

During these deliberations, Mr. Genet was received in New York with the same remarks of partiality to his nation, and of flattering regard to himself, which had been exhibited in the more southern states. At this place too, he manifested the same desire to encourage discontent at the conduct of the government, and to embark America in the quarrel, by impressing an opinion that the existence of liberty depended on the success of the French republic, which he had uniformly avowed. In answer to an address from the republican citizens of New York, who had spoken of the proclamation of neutrality as relating only to acts of open hostility, not to the feelings of the heart; and who had declared that they would "exultingly sacrifice a liberal portion of their dearest interests could there result, on behalf of the French republic, an adequate advantage;" he said—"in this respect I can not but interpret as you have done the declaration of your government. They must know that the strict performance of treaties is the best and safest policy; they must know that good faith alone can inspire respectability to a nation; that a pusillanimous conduct provokes insult, and brings upon a country those very dangers which it weakly means to avert.

"There is indeed too much reason to fear that you are involved in the general conspiracy of tyrants against liberty. They never will, they never can forgive you for having been the first to proclaim the rights of man. But you will force them to respect you by pursuing with firmness the only path which is consistent with your national honour and dignity.

"The cause of France is the cause of all mankind, and no nation is more deeply interested than you are in its success. Whatever fate awaits her, you are ultimately to share. But the cause of liberty is great and it shall prevail.

"And if France, under a despotic yoke, has been able so successfully to assert your rights, they can never again be endangered while she is at liberty to exert, in your support, that powerful arm which now defies the combined efforts of a whole world."

While these exertions were successfully making to give increased force, and a wider extent, to opinions which might subvert the system adopted by the executive, Mr. Jay, the chief justice of the United States, and Mr. King, a senator representing the state, arrived in New York from Philadelphia. They had been preceded by a report, which was whispered in private circles, that the French minister had avowed a determination to appeal from the President to the people. The confidential intercourse subsisting between these gentlemen and a part of the administration rendering it probable that this declaration, if made, had been communicated to them, they were asked, whether the report was true; having received the information through a channel[10] which was entitled to the most implicit faith, they answered that it was.

Their having said so was controverted; and they were repeatedly required, in the public papers, to admit or deny that they had made such an assertion. Thus called upon, they published a certificate avowing that they had made the declaration imputed to them.

On reflecting men this communication made a serious impression. The recent events in Poland, whose dismemberment and partition were easily traced to the admission of foreign influence, gave additional solemnity to the occurrence, and led to a more intent consideration of the awful causes which would embolden a foreign minister to utter such a threat.

That party, which in the commencement of the contests respecting the constitution was denominated federal, had generally supported the measures of the administration.

That which was denominated anti-federal, had generally opposed those measures. South of the Potomac especially, there was certainly many important exceptions to this arrangement of parties; yet as a general arrangement, it was unquestionably correct.

In the common partialities for France, in the common hope that the revolution in that country would be crowned with success, and would produce important benefits to the human race, they had equally participated; but in the course to be pursued by the United States, the line of separation between the two parties was clear and distinct. The federalists were universally of opinion that, in the existing war, America ought to preserve a neutrality as impartial as was compatible with her treaties; and that those treaties had been fairly and justly construed by the executive. Seduced however by their wishes, and by their affections, they at first yielded implicit faith to the assurances given by Mr. Genet of the disinclination of the French republic to draw them from this eligible position; and from this belief, they receded slowly and reluctantly.

They were inclined to ascribe the bitter invectives which were pronounced against the executive to an inveterate hostility to the government, and to those who administered it; and, when at length they were compelled to perceive that the whole influence of Mr. Genet was employed in stimulating and pointing these invectives, they fondly indulged the hope that his nation would not countenance his conduct. Adding to their undiminished attachment to the chief magistrate, a keen sense of the disgrace, the humiliation, and the danger of permitting the American government to be forced into any system of measures by the machinations of a foreign minister with the people, they had occasionally endeavoured, through the medium of the press, to keep the public mind correct; and, when it was announced that an appeal to themselves was threatened, they felt impelled by the strongest sentiments of patriotism and regard for national honour, to declare the indignation which the threat had inspired. In every quarter of the union, the people assembled in their districts, and the strength of parties was fully tried. The contest was warm and strenuous. But public opinion appeared to preponderate greatly in favour of neutrality, and of the proclamation by which its observance was directed. It was apparent too, that the American bosom still glowed with ardent affection for their chief magistrate; and that, however successful might have been the shafts directed against some of those who shared his confidence, the arrows aimed at himself had missed their mark.

Yet it was not to be concealed that the indiscreet arrogance of Mr. Genet, the direct insults to the President, and the attachment which many, who were in opposition to the general measures of the administration, still retained for the person of that approved patriot, contributed essentially to the prevalence of the sentiment which was called forth by the occasion.

In the resolutions expressing the strongest approbation of the measures which had been adopted, and the greatest abhorrence of foreign influence, a decided partiality for France was frequently manifested; while in those of a contrary description, respect for the past services of the President, and a willingness to support the executive in the exercises of its constitutional functions, seemed, when introduced, to be reluctantly placed among the more agreeable declarations of detestation for those who sought to dissolve the union between America and France, and of the devotion with which the French revolution ought to be espoused by all the friends of liberty.

The effect which the certificate of Mr. Jay and Mr. King might possibly produce was foreseen; and Mr. Genet sought to avoid its influence by questioning its veracity. Not only had it never been alleged that the exceptionable expressions were used to the President personally, but it was certain that they had not been uttered in his presence. Affecting not to have adverted to this obvious circumstance, the minister, on the 13th of August, addressed a letter to the chief magistrate, which, being designed for publication, was itself the act he had threatened, in which he subjoined to a detail of his accusations against the executive, the demand of an explicit declaration that he had never intimated to him an intention to appeal to the people.

On the 16th this letter was answered by the secretary of state, who, after acknowledging its receipt by the President, added, "I am desired to observe to you that it is not the established course for the diplomatic characters residing here to have any direct correspondence with him. The secretary of state is the organ through which their communications should pass.

"The President does not conceive it to be within the line of propriety or duty, for him to bear evidence against a declaration, which, whether made to him or others, is perhaps immaterial; he therefore declines interfering in the case."

Seldom has more conclusive testimony been offered of the ascendency which, in the conflicts of party, the passions maintain over reason, than was exhibited, on this occasion, by the zealous partisans of the French minister. It might have been expected that, content with questioning the fact, or with diverting the obloquy attending it from the French nation, no American would have been found hardy enough to justify it; and but few, to condemn those gentlemen by whose means it had reached the public ear. Nothing could be farther removed from this expectation, than the conduct that was actually observed. The censure merited by the expressions themselves fell, not upon the person who had used them, but upon those who had communicated them to the public. Writers of considerable political eminence, charged them as being members of a powerful faction who were desirous of separating America from France, and connecting her with England, for the purpose of introducing the British constitution.

As if no sin could equal the crime of disclosing to the people a truth which, by inducing reflection, might check the flood of that passion for France which was deemed the surest test of patriotism, the darkest motives were assigned for the disclosure, and the reputation of those who made it has scarcely been rescued by a lapse of years, and by a change of the subjects of controversy, from the peculiar party odium with which they were at the time overwhelmed.

Sentiments of a still more extraordinary nature were openly avowed. In a republican country, it was said, the people alone were the basis of government. All powers being derived from them, might, by them, be withdrawn at pleasure. They alone were the authors of the law, and to them alone, must the ultimate decision on the interpretation belong. From these delicate and popular truths, it was inferred, that the doctrine that the sovereignty of the nation resided in the departments of government was incompatible with the principles of liberty; and that, if Mr. Genet dissented from the interpretation given by the President to existing treaties, he might rightfully appeal to the real sovereign whose agent the President was, and to whom he was responsible for his conduct. Is the President, it was asked, a consecrated character, that an appeal from his decisions must be considered criminal? or are the people in such a state of monarchical degradation, that to speak of consulting them is an offence as great, as if America groaned under a dominion equally tyrannical with the old monarchy of France?

It was soon ascertained that Mr. Dallas, to whom this threat of appealing to the people had been delivered, did not admit that the precise words had been used. Mr. Genet then, in the coarsest terms, averred the falsehood of the certificate which had been published, and demanded from the attorney general, and from the government, that Mr. Jay and Mr. King should be indicted for a libel upon himself and his nation. That officer accompanied his refusal to institute this information with the declaration that any other gentleman of the profession, who might approve and advise the attempt, could be at no loss to point out a mode which would not require his intervention.

While the minister of the French republic thus loudly complained of the unparalleled injury he received from being charged with employing a particular exceptionable phrase, he seized every fair occasion to carry into full execution the threat which he denied having made. His letters, written for the purpose of publication, and actually published by himself, accused the executive, before the tribunal of the people, on those specific points, from its decisions respecting which he was said to have threatened the appeal. As if the offence lay, not in perpetrating the act, but in avowing an intention to perpetrate it, this demonstration of his designs did not render his advocates the less vehement in his support, nor the less acrimonious in reproaching the administration, as well as Mr. Jay and Mr. King.

Whilst insult was thus added to insult, the utmost vigilance of the executive officers was scarcely sufficient to maintain an observance of the rules which had been established for preserving neutrality in the American ports. Mr. Genet persisted in refusing to acquiesce in those rules; and fresh instances of attempts to violate them were continually recurring. Among these, was an outrage committed in Boston, too flagrant to be overlooked.

A schooner, brought as a prize into the port of Boston by a French privateer, was claimed by the British owner; who instituted proceedings at law against her, for the purpose of obtaining a decision on the validity of her capture. She was rescued from the possession of the marshal, by an armed force acting under the authority of Mr. Duplaine, the French consul, which was detached from a frigate then lying in port. Until the frigate sailed, she was guarded by a part of the crew; and, notwithstanding the determination of the American government that the consular courts should not exercise a prize jurisdiction within the territories of the United States, Mr. Duplaine declared his purpose to take cognizance of the case.

To this act of open defiance, it was impossible for the President to submit. The facts being well attested, the exequatur which had been granted to Mr. Duplaine was revoked, and he was forbidden further to exercise the consular functions. It will excite surprise that even this necessary measure could not escape censure. The self-proclaimed champions of liberty discovered in it a violation of the constitution, and a new indignity to France.

Mr. Genet did not confine his attempts to employ the force of America against the enemies of his country to maritime enterprises. On his first arrival, he is understood to have planned an expedition against the Floridas, to be carried on from Georgia; and another against Louisiana, to be carried on from the western parts of the United States. Intelligence was received that the principal officers were engaged; and the temper of the people inhabiting the western country was such as to furnish some ground for the apprehension, that the restraints which the executive was capable of imposing, would be found too feeble to prevent the execution of this plan. The remonstrances of the Spanish commissioners on this subject, however, were answered with explicit assurances that the government would effectually interpose to defeat any expedition from the territories of the United States against those of Spain; and the governor of Kentucky was requested to co-operate in frustrating this improper application of the military resources of his state.

It was not by the machinations of the French minister alone that the neutrality of the United States was endangered. The party which, under different pretexts, urged measures the inevitable tendency of which was war, derived considerable aid, in their exertions to influence the passions of the people, from the conduct of others of the belligerent powers. The course pursued both by Britain and Spain rendered the task of the executive still more arduous, by furnishing weapons to the enemies of neutrality, capable of being wielded with great effect.

The resentment excited by the rigour with which the maritime powers of Europe retained the monopoly of their colonial commerce, had, without the aid of those powerful causes which had lately been brought into operation, been directed peculiarly against Great Britain. These resentments had been greatly increased. That nation had not mitigated the vexations and inconveniences which war necessarily inflicts on neutral trade, by any relaxations in her colonial policy.

Decree of the national convention relative to neutral commerce.

To this rigid and repulsive system, that of France presented a perfect contrast. Either influenced by the politics of the moment, or suspecting that, in a contest with the great maritime nations of Europe, her commerce must search for security in other bottoms than her own, she opened the ports of her colonies to every neutral flag, and offered to the United States a new treaty, in which it was understood that every mercantile distinction between Americans and Frenchmen should be totally abolished.

With that hasty credulity which, obedient to the wishes, can not await the sober and deliberate decisions of the judgment, the Americans ascribed this change, and these propositions, to the liberal genius of freedom; and expected the new commercial and political systems to be equally durable. As if, in the term republic, the avaricious spirit of commercial monopoly would lose its influence over men; as if the passions were to withdraw from the management of human affairs, and leave the helm to the guidance of reason, and of disinterested philanthropy; a vast proportion of the American people believed this novel system to be the genuine offspring of new-born liberty; and consequently expected that, from the success of the republican arms, a flood of untried good was to rush upon the world.

The avidity with which the neutral merchants pressed forward to reap the rich and tempting harvest offered to them by the regulations and the wants of France, presented a harvest not less rich and tempting to the cruisers of her enemies. Captures to a great extent were made, some with, others without, justifiable cause; and the irritations inseparable from disappointment in gathering the fruits of a gainful traffic, were extensively communicated to the agricultural part of society.

The vexations on the ocean to which neutrals are commonly exposed during war, were aggravated by a measure of the British cabinet, which war was not admitted to justify.

The vast military exertions of the French republic had carried many hands from their usual occupations, to the field; and the measures of government, added to the internal commotions, had discouraged labour by rendering its profits insecure. These causes, aided perhaps by unfavourable seasons, had produced a scarcity which threatened famine. This state of things suggested to their enemies the policy of increasing the internal distress, by cutting off the external supply. In execution of this plan, the British cruisers were instructed "to stop all vessels loaded wholly or in part with corn, flour, or meal, bound to any port in France, or any port occupied by the armies of France, and to send them to such ports as shall be most convenient, in order that such corn, meal, or flour, may be purchased on behalf of his majesty's government, and the ships be relieved after such purchase, and after a due allowance for freight; or that the masters of such ships on giving due security, to be approved by the court of admiralty, be permitted to proceed to dispose of their cargoes of corn, meal, or flour, in the ports of any country in amity with his majesty."In the particular character of the war, and in the general expressions of some approved modern writers on the law of nations, the British government sought a justification of this strong measure. But by neutrals generally, it was deemed an unwarrantable invasion of their rights; and the remonstrances made against it by the American government in particular, were serious and earnest. This attempt to make a principle, which was understood to be applicable only to blockaded places, subservient to the impracticable plan of starving an immense agricultural nation, was resisted with great strength of reasoning by the administration; and added, not inconsiderably, to the resentment felt by the body of the people.[11]

Hostilities on the ocean disclosed still another source of irritation, which added its copious stream to the impetuous torrent which threatened to sweep America into the war that desolated Europe.

The British government had long been accustomed to resort to the practice of manning their fleet by impressment. The exercise of this prerogative had not been confined to the land. Merchantmen in their ports, and even at sea, were visited, and mariners were taken out of them, to be employed in the royal navy. The profits of trade enabling neutral merchants to give high wages, British sailors were tempted, in great numbers, to enter their service; but the neutral ship furnished no protection. Disregarding the bottom in which they sailed, the officers of the navy impressed them wherever found, often leaving scarcely hands enough to navigate the vessel into port.

The Americans were peculiarly exposed to the abuse to which such usages are liable. Descended from the same ancestors and speaking the same language, the distinction between them and the English, though in general sufficiently marked, was not always so visible as to prevent unintentional error; nor were the captains of ships of war, at all times, very solicitous to avoid mistake. Native Americans, therefore, were frequently impressed, and compelled to serve against the French republic.

The British cabinet disclaimed all pretensions to the impressment of real American citizens, and declared officially a willingness to discharge them, on the establishment of their citizenship. But time was necessary to procure the requisite testimonials; and those officers who had notoriously offended in this respect, were not so discountenanced by their government as to be deterred from a repetition of the offence. There was too, one class of citizens, concerning whose rights a difference of opinion prevailed, which has not even yet been adjusted. These were British subjects who had migrated to, and been adopted by, the United States.

The continuance of the Indian war added still another item to this catalogue of discontents.

The efforts of the United States to make a treaty with the savages of the Miamis had proved abortive. The Indians insisted on the Ohio as the boundary between them and the whites; and, although the American commissioners expressed a willingness to relinquish some of the lands purchased at the treaty of fort Harmar, and pressed them to propose some line between the boundary established by that treaty and the Ohio, they adhered inflexibly to their original demand.

It was extensively believed in America, and information collected from the Indians countenanced the opinion, that they were encouraged by the government of Canada to persevere in this claim, and that the treaty was defeated by British influence. The conviction was universal that this influence would continue so long as the posts south of the lakes should be occupied by British troops; and the uneasiness which the detention of those posts created, daily acquired strength. Unfortunately, the original pretext for detaining them was not yet removed. The courts of the United States had not yet declared that British debts contracted before the war, were recoverable. In one of the circuits, a decision had been recently made, partly favourable, and partly unfavourable, to the claim of the creditor. To this decision writs of error had been brought, and the case was pending before the supreme court. The motives therefore originally assigned for holding the posts on the lakes still remained; and, as it was a maxim with the executive "to place an adversary clearly in the wrong," and it was expected that the existing impediments to the fulfilment of the treaty on the part of the United States would soon be done away, it was thought unadviseable, had the military force of the union been equal to the object, to seize those posts, until their surrender could be required in consequence of a complete execution of the treaty. In the mean time, the British minister was earnestly pressed upon the subject.

This prudent conduct was far from being satisfactory to the people. Estimating at nothing, infractions made by themselves, and rating highly those committed by the opposite party, they would, in any state of things, have complained loudly of this act of the British government. But, agitated as they were by the various causes which were perpetually acting on their passions, it is not wonderful that an increased influence was given to this measure; that it should be considered as conclusive testimony of British hostility, and should add to the bitterness with which the government was reproached for attempting a system "alike friendly and impartial to the belligerent powers."

The causes of discontent which were furnished by Spain, though less the theme of public declamation, continued to be considerable.

The American ministers at Madrid could make no progress in their negotiation. The question of limits remained unsettled, and the Mississippi was still closed against the Americans. In addition to these subjects of disquiet, the southern states were threatened with war from the Creeks and Cherokees, who were, with good reason, believed to be excited to hostility by the Spanish government. Of these irritating differences, that which related to the Mississippi was far the most operative, and embarrassing. The imagination, especially when warmed by discontent, bestows on a good which is withheld, advantages much greater than the reality will justify; and the people of the western country were easily persuaded to believe that the navigation of the Mississippi was a mine of wealth which would at once enrich them. That jealousy which men so readily entertain of the views of those with whom they do not associate, had favoured the efforts made by the enemies of the administration, to circulate the opinion that an opposition of interests existed between the eastern and the western people, and that the endeavours of the executive to open their great river were feeble and insincere. At a meeting of the Democratic Society in Lexington, in Kentucky, this sentiment was unanimously avowed in terms of peculiar disrespect to the government; and a committee was appointed to open a correspondence with the inhabitants of the whole western country, for the purpose of uniting them on this all important subject, and of preparing on it a remonstrance to the President and congress of the United States, to be expressed "in the bold, decent and determined language, proper to be used by injured freemen when they address the servants of the people." They claimed much merit for their moderation in having thus long, out of regard to their government, and affection for their fellow citizens on the Atlantic, abstained from the use of those means which they possessed for the assertion of what they termed a natural and unalienable right; and seemed to indicate the opinion that this forbearance could not be long continued. Without regarding the determination of Spain in the case or the poverty of the means placed in the hands of the executive for inducing a change in this determination, they demanded from the government the free use of the Mississippi, as if only an act of the will was necessary to insure it to them. Not even the probability that the public and intemperate expression of these dangerous dispositions would perpetuate the evil, could moderate them. This restless uneasy temper gave additional importance to the project of an expedition against Louisiana, which had been formed by Mr. Genet.

These public causes for apprehending hostilities[12] with Spain, were strengthened by private communications. The government had received intelligence from their ministers in Europe that propositions had been made by the cabinet of Madrid to that of London, the object of which was the United States. The precise nature of these propositions was not ascertained, but it was understood generally, that their tendency was hostile.

Thus unfavourable to the pacific views of the executive were the circumstances under which congress was to assemble.


s against his administration with which the press abounded, and of their new direction against him personally, his correspondence furnishes but few evidences. The first and almost only notice taken of them is in a private letter of the 21st of July, to his friend General Lee, then governor of Virginia, an extract from which follows:

"That there are in this, as in all other countries, discontented characters I well know; as also that these characters are actuated by very different views:—Some good, from an opinion that the measures of the general government are impure;—some bad, and (if I might be allowed to use so harsh an expression) diabolical, inasmuch as they are not only meant to impede the measures of that government generally, but more especially to destroy the confidence which it is necessary the people should place (until they have unequivocal proof of demerit) in their public servants:—for in this light I consider myself whilst I am an occupant of office; and if they were to go further and call me their slave, during this period, I would not dispute the point with them. But in what will this abuse terminate?

"For the result, as it respects myself, I care not. I have a consolation within of which no earthly efforts can deprive me;—and that is, that neither ambitious nor interested motives have influenced my conduct. The arrows of malevolence, therefore, however barbed and pointed, can never reach my most valuable part; though, whilst I am up as a mark, they will be continually aimed at me. The publications in Freneau's and Bache's papers are outrages on common decency; and they progress in that style in proportion as their pieces are treated with contempt, and passed over in silence by those against whom they are directed. Their tendency, however, is too obvious to be mistaken by men of cool and dispassionate minds;—and, in my opinion, ought to alarm them; because it is difficult to prescribe bounds to their effect."


NOTE—No. V. See Page 48.

They are as follows:

1st. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties, for military service, offensive or defensive, is deemed unlawful.

2d. Equipments of merchant vessels, by either of the belligerent parties in the ports of the United States, purely for the accommodation of them as such, is deemed lawful.

3d. Equipments in the ports of the United States of vessels of war in the immediate service of the government of any of the belligerent parties, which if done to other vessels would be of a doubtful nature as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize of the subjects, people, or property of France, coming with their prizes into the ports of the United States pursuant to the seventeenth article of our treaty of amity and commerce with France.

4th. Equipments in the ports of the United States by any of the parties at war with France of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize, &c.

5th. Equipments of any of the vessels of France, in the ports of the United States, which are doubtful in their nature as being applicable to commerce or war, are deemed lawful.

6th. Equipments of every kind in the ports of the United States, of privateers of the powers at war with France, are deemed unlawful.

7th. Equipments of vessels in the ports of the United States, which are of a nature solely adapted to war, are deemed unlawful; except those stranded or wrecked, as mentioned in the eighteenth article of our treaty with France, the sixteenth of our treaty with the United Netherlands, the ninth of our treaty with Prussia, and except those mentioned in the nineteenth article of our treaty with France, the seventeenth of our treaty with the United Netherlands, the eighteenth of our treaty with Prussia.

8th. Vessels of either of the parties, not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist therein their own subjects or citizens, not being inhabitants of the United States, except privateers of the powers at war with France, and except those vessels which shall have made prize, &c.


NOTE—No. VI. See Page 64.

The earnestness as well as force with which the argument against this measure was pressed on the British cabinet, and the extreme irritation it produced on the public mind, contrasted with the silence of the executive respecting a much more exceptionable decree of the national convention, and the composure of the people of the United States under that decree, exhibits a striking proof of the difference with which not only the people, but an administration, which the phrensy of the day accused of partiality to England, contemplated at that time the measures of the two nations.

On the 9th of May, 1793, the national convention passed a decree relative to the commerce of neutrals; the first article of which is in these words: "The French ships of war and privateers may stop and bring into the ports of the republic, such neutral vessels as are loaded, in whole or in part either with provisions belonging to neutrals and destined for enemy ports, or with merchandise belonging to enemies."

On the 23d of May, in consequence of the remonstrances of Mr. Morris, the convention declared, "that the vessels of the United States are not comprised in the regulations of the decree of the 9th of May." On the 28th of the same month the decree of the 23d was repealed, and on the first of July it was re-established. But on the 27th of July it was again repealed, and thus the decree of the 9th of May was left in full operation against the vessels of the United States.

So far was this regulation from affecting the sentiments of America for France, that its existence was scarcely known.


NOTE—No. VII. See Page 90.

Before these resolutions were offered, the strength of parties was in some measure tried in a fuller house than that which had elected the speaker.

A rule had been entered into by a former congress providing, that on the discussion of confidential communications from the president, the house should be cleared of all persons except the members and clerk. On taking up a confidential message relative to the truce between Portugal and Algiers, the doors as usual were closed. The next day when the subject was resumed, Mr. Nicholas expressed his opinion that there was no necessity for shutting the galleries; upon which the rule was mentioned with a request that it should be read. Mr. Madison moved a reconsideration of this rule. In the course of the debate on the motion, it was said by its advocates that secrecy in a republican government wounds the majesty of the sovereign people—that this government is in the hands of the people—and that they have a right to know all the transactions relative to their own affairs. This right ought not to be infringed incautiously, for such secrecy tends to diminish the confidence of the people in their own government.

In reply to these remarks it was said, that because this government is republican, it will not be pretended that it can have no secrets. The President of the United States is the depositary of secret transactions. His duty may lead him to communicate them to the members of the house, and the success, safety, and energy of the government may depend on keeping those secrets inviolable. The people have a right to be well governed. They have interests as well as rights, and it is the duty of the legislature to take every possible measure to promote those interests. To discuss the secret transactions of the government publicly, was the ready way to sacrifice the public interest, and to deprive the government of all foreign information. Afterwards the rule was amended so far as to leave it in the discretion of the house, after receiving a confidential message, to debate upon it in private or in public.

Among the resolutions reported from the committee of the whole house on this occasion, was one for appointing a committee to report the naval force which would be necessary for the protection of the commerce of the United States against the Algerine corsairs, together with an estimate of the expense. It was moved to amend this resolution by adding, "and the ways and means for defraying the same." This motion revived the old party question of calling on the secretary of the treasury to report ways and means. The amendment was carried, Ayes 46. Noes 44.


NOTE—No. VIII. See Page 147.

The private correspondence of Mr. Morris with the president exhibits a faithful picture, drawn by the hand of a master, of the shifting revolutionary scenes which with unparalleled rapidity succeeded each other in Paris. With the eye of an intelligent, and of an unimpassioned observer, he marked all passing events, and communicated them with fidelity. He did not mistake despotism for freedom, because it was sanguinary, because it was exercised by those who denominated themselves the people, or because it assumed the name of liberty. Sincerely wishing happiness and a really free government to France, he could not be blind to the obvious truth that the road to those blessings had been mistaken. It was expected by his enemies that the correspondence which was asked for would disclose something which might be deemed offensive to the rulers of the republic, and consequently furnish additional matter for charging the administration with unfriendliness to France.

The resolution requesting all the correspondence, not even excluding that which the president might think proper to withhold, involved considerations of some delicacy, respecting which it was proper that the rights of the executive should be precisely understood. It was, therefore, laid before the cabinet, and, in conformity with their advice, the President sent a message to the senate informing them that he had examined the correspondence they requested, and had caused it to be copied, except in those particulars which in his judgment, for public considerations, ought not to be communicated; which copies he transmitted to them. The nature of these papers, he added, manifested the propriety of their being received as confidential.


NOTE—No. IX. See Page 164.

This opinion derived fresh confirmation from a notification transmitted in August, 1794, by the governor of Upper Canada to Captain Williamson, who was establishing a settlement on the Great Sodus, a bay of lake Ontario, about twenty miles from Oswego, and within the state of New York. Captain Williamson not being at the place, Lieutenant Sheaff, the bearer of the message, addressed a letter to him, in which he said, that he had come with instructions from the lieutenant governor of Upper Canada to demand by what authority an establishment had been ordered at that place, and to require that such a design be immediately relinquished for the reasons stated in the written declaration accompanying the letter.

The written declaration was in these words:

"I am commanded to declare that, during the inexecution of the treaty of peace between Great Britain and the United States, and until the existing differences respecting it shall be mutually and finally adjusted, the taking possession of any part of the Indian territory, either for the purposes of war or sovereignty, is held to be a direct violation of his Britannic majesty's rights, as they unquestionably existed before the treaty, and has an immediate tendency to interrupt, and in its progress to destroy that good understanding which has hitherto subsisted between his Britannic majesty and the United States of America. I, therefore, require you to desist from any such aggression."

In the same spirit, complaints had been made as early as 1792, of encroachments made by the people of Vermont on a country confessedly within the territorial line of the United States, but inhabited by persons said to live under the protection of the British garrisons.


NOTE—No. X. See Page 205.

On receiving the resignation of the secretary, the President addressed a letter to him expressive of the sense he entertained of his services. This letter is not found in the letter book, but its purport may be collected from the following answer.

Philadelphia, February 3d, 1795.

"Sir,—My particular acknowledgments are due for your very kind letter of yesterday. As often as I may recall the vexations I have endured, your approbation will be a great and precious consolation.

"It was not without a struggle that I yielded to the very urgent motives which impelled me to relinquish a station in which I could hope to be in any degree instrumental in promoting the success of an administration under your direction; a struggle which would have been far greater had I supposed that the prospect of future usefulness was proportioned to the sacrifices to be made.

"Whatever may be my destination hereafter, I entreat you to be persuaded (not the less for my having been sparing in professions) that I shall never cease to render a just tribute to those eminent and excelling qualities which have been already productive of so many blessings to your country—that you will always have my fervent wishes for your public and personal felicity, and that it will be my pride to cultivate a continuance of that esteem, regard and friendship, of which you do me the honour to assure me."


NOTE—No. XI. See Page 216.

The following toasts which were given at a civic feast in Philadelphia on the first of May, attended by a great number of American citizens, to celebrate the victories of France, and which was honoured by the presence of the minister and consul of the French republic, and of the consul of Holland, then subdued by the arms of France, will furnish some idea of the prevailing spirit of the times.

1st. The republic of France; whose triumphs have made this day a jubilee; may she destroy the race of kings, and may their broken sceptres and crowns, like the bones and teeth of the Mammoth, be the only evidences that such monsters ever infested the earth.

2d. The republic of France; may the shores of Great Britain soon hail the tricoloured standard, and the people rend the air with shouts of long live the republic.

3d. The republic of France; may her navy clear the ocean of pirates, that the common highway of nations may no longer, like the highways of Great Britain, be a receptacle for robbers.

4th. The republic of France; may all free nations learn of her to transfer their attachment from men to principles, and from individuals to the people.

5th. The republic of France; may her example in the abolition of titles and splendour be a lesson to all republics to destroy those leavens of corruption.

6th. The republic of Holland; may the flame of liberty which they have rekindled never be permitted to expire for want of vigilance and energy.

7th. The republic of Holland; may her two sisters, the republics of France and America, form with her an invincible triumvirate in the cause of liberty.

8th. The republic of Holland; may she again give birth to a Van Tromp and De Ruyter, who shall make the satellites of George tremble at their approach, and seek their safety in flight.

9th. The republic of Holland; may that fortitude which sustained her in the dire conflict with Philip II. and the success that crowned her struggles, be multiplied upon her, in the hour of her regeneration.

10th. The republic of Holland; may that government which they are about establishing have neither the balances of aristocracy, nor the checks of monarchy.

11th. The republic of America; may the sentiment that impelled her to resist a British tyrant's will, and the energy which rendered it effectual, prompt her to repel usurpation in whatever shape it may assail her.

12th. The republic of America; may the aristocracy of wealth founded upon the virtues, the toils, and the blood of her revolutionary armies soon vanish, and like the baseless fabric of a vision, leave not a wreck behind.

13th. The republic of America; may her government have public good for its object, and be purged of the dregs of sophisticated republicanism.

14th. The republic of America; may the alliance formed between her and France acquire vigour with age, and that man be branded as the enemy of liberty who shall endeavour to weaken or unhinge it.

15th. The republic of America; may her administration have virtue enough to defy the ordeal of patriotic societies, and patriotism enough to cherish instead of denouncing them.

It was not in Philadelphia alone that this temper was manifested. In every part of the United States, the love of France appeared to be a passion much more active with immense numbers, than that of America. Her victories were celebrated with enthusiasm, her heroes were toasted on public occasions, and moderation with regard to England was deemed a crime not readily to be pardoned.

General Washington received an invitation to attend this feast in the following terms.

Sir,—The subscribers, a committee in behalf of a number of American, French, and Dutch citizens, request the honour of your company to a civic festival, to be given on Friday, April 17th, appointed to celebrate the late victories of the French republic, and the emancipation of Holland.


NOTE—No. XII. See Page 231.

A letter addressed to his government in October, 1794, by the minister of the French republic was intercepted by the captain of a British frigate and forwarded to Mr. Hammond, by whom it was delivered about the last of July to the secretary of the treasury, who, on the arrival of the President in Philadelphia, placed it in his hands. This letter alluded to communications from Mr. Randolph which, in the opinion of the President, were excessively improper. The ecclaircissements which the occasion required were followed by the resignation of the secretary. For the purpose, he alleged, of vindicating his conduct, he demanded a sight of a confidential letter which had been addressed to him by the President, and which was left in the office. His avowed design was to give this as well as some others of the same description to the public in order to support the allegation, that in consequence of his attachment to France and to liberty, he had fallen a victim to the intrigues of a British and an aristocratic party. The answer given to this demand was a license which few politicians in turbulent times could allow to a man who had possessed the unlimited confidence of the person giving it. "I have directed," said the President, "that you should have the inspection of my letter of the 22d of July, agreeable to your request: and you are at full liberty to publish without reserve any and every private and confidential letter I ever wrote you: nay more—every word I ever uttered to or in your presence, from whence you can derive any advantage in your vindication."

As the asperity with which Mr. Randolph spoke of the President on other occasions as well as in his vindication, was censured by many, it may rescue the reputation of that gentleman from imputations which might be injurious to it to say that, some time before his death, he had the magnanimity to acknowledge the injustice of those imputations. A letter to the honourable Bushrod Washington, of July 2d, 1810, a copy of which was transmitted by Mr. Randolph to the author, contains the following declarations among others of similar import. "I do not retain the smallest degree of that feeling which roused me fifteen years ago against some individuals. For the world contains no treasure, deception, or charm which can seduce me from the consolation of being in a state of good will towards all mankind; and I should not be mortified to ask pardon of any man with whom I have been at variance for any injury which I may have done him. If I could now present myself before your venerated uncle, it would be my pride to confess my contrition that I suffered my irritation, let the cause be what it might, to use some of those expressions respecting him which, at this moment of my indifference to the ideas of the world, I wish to recall, as being inconsistent with my subsequent conviction. My life will I hope be sufficiently extended for the recording of my sincere opinion of his virtues and merit, in a style which is not the result of a mind merely debilitated by misfortune, but of that Christian philosophy on which alone I depend for inward tranquillity."


NOTE—No. XIII. See Page 231.

This place was offered to Mr. Henry, a gentleman of eminent talents, great influence, and commanding eloquence. He had led the opposition to the constitution in Virginia, but, after its adoption, his hostility had in some measure subsided. He was truly a personal friend of the President, and had lately manifested a temper not inimical to the administration. The chief magistrate was anxious to engage him in the public service, but was aware of the embarrassments which must result from placing in so confidential a station, a person whose opinions might lead him to thwart every measure of the executive. It was, therefore, necessary to come to some explanations with Mr. Henry on this subject, and the letter which invited him into the department of state opened the way for this explanation by stating truly the views and character of the administration. "I persuade myself, sir," said the President, "it has not escaped your observation, that a crisis is approaching which must, if it can not be arrested, soon decide whether order and good government shall be preserved, or anarchy and confusion ensue. I can most religiously aver that I have no wish incompatible with the dignity, happiness, and true interests of the people of this country. My ardent desire is, and my aim has been (as far as depended upon the executive department) to comply strictly with all our foreign and domestic engagements; but to keep the United States free from political connexions with every other country;—to see them independent of all, and under the influence of none. In a word, I want an American character; that the powers of Europe may be convinced we act for ourselves and not for others. This, in my judgment, is the only way to be respected abroad, and happy at home; and not by becoming the partisans of Great Britain or France, create dissensions, disturb the public tranquillity, and destroy, perhaps forever, the cement that binds the union.

"I am satisfied these sentiments can not be otherwise than congenial to your own. Your aid, therefore, in carrying them into effect would be flattering and pleasing to me."

This accurate chart of the road he was invited to travel, presented in itself no impediments which to Mr. Henry appeared insurmountable. By private considerations alone was he restrained from proceeding in it.


NOTE—No. XIV. See Page 272.

The course of the war in Europe had brought the two parties into opposition on a point on which no difference had originally existed between them, which gave more countenance to the charge that the advocates of the American government were unfriendly to France than it could justly claim when first made. Those who in 1793 had supported the proclamation of neutrality, and the whole system connected with it, were then, generally speaking, ardent and sincere in their wishes for the success of the French arms. But as the troops of the republic subdued Belgium and Holland; as they conquered Italy, and established the complete influence of France over the monarchy of Spain, this union of sentiment gradually disappeared. By one party it was contended that America could feel no interest in seeing Europe subjected to any one power. That to such a power, the Atlantic would afford no impassable barriers; and that no form of government was a security against national ambition. They, therefore, wished this series of victories to be interrupted; and that the balance of Europe should not be absolutely overturned. Additional strength was undoubtedly given to this course of reasoning by the aggressions of France on the United States.

In the opinion of the opposite party, the triumphs of France were the triumphs of liberty. In their view every nation which was subdued, was a nation liberated from oppression. The fears of danger to the United States from the further aggrandizement of a single power were treated as chimerical, because that power being a republic must, consequently, be the friend of republics in every part of the globe, and a stranger to that lust of domination which was the characteristic passion of monarchies. Shifting with address the sentiment really avowed by their opponents, they ridiculed a solicitude for the existence of a balance of power in Europe, as an opinion that America ought to embark herself in the crusade of kings against France in order to preserve that balance.


NOTE—No. XV. See Page 326.

The following extract from a letter written to General Knox the day before the termination of his office, exhibits the sentiments with which he contemplated this event, and with which he viewed the unceasing calumnies with which his whole administration continued to be aspersed.

"To the wearied traveller who sees a resting place, and is bending his body to lean thereon, I now compare myself; but to be suffered to do this in peace, is too much to be endured by some. To misrepresent my motives; to reprobate my politics; and to weaken the confidence which has been reposed in my administration;—are objects which can not be relinquished by those who will be satisfied with nothing short of a change in our political system. The consolation, however, which results from conscious rectitude, and the approving voice of my country unequivocally expressed by its representatives—deprives their sting of its poison, and places in the same point of view both the weakness and the malignity of their efforts.

"Although the prospect of retirement is most grateful to my soul, and I have not a wish to mix again in the great world, or to partake in its politics, yet I am not without my regrets at parting with (perhaps never more to meet) the few intimates whom I love. Among these, be assured you are one."


NOTE—No. XVI. See Page 329.

In the speech delivered by the President on taking the oaths of office, after some judicious observations on the constitution of his country, and on the dangers to which it was exposed, that able statesman thus spoke of his predecessor.

"Such is the amiable and interesting system of government (and such are some of the abuses to which it may be exposed) which the people of America have exhibited, to the admiration and anxiety of the wise and virtuous of all nations, for eight years, under the administration of a citizen, who, by a long course of great actions, regulated by prudence, justice, temperance and fortitude, conducting a people inspired with the same virtues, and animated with the same ardent patriotism and love of liberty, to independence and peace, to increasing wealth and unexampled prosperity, has merited the gratitude of his fellow-citizens, commanded the highest praises of foreign nations, and secured immortal glory with posterity.

"In that retirement which is his voluntary choice, may he long live to enjoy the delicious recollection of his services, the gratitude of mankind, the happy fruits of them to himself and the world, which are daily increasing, and that splendid prospect of the future fortunes of his country which is opening from year to year. His name may be still a rampart, and the knowledge that he lives a bulwark against all open or secret enemies of his country's peace."


NOTE—No. XVII. See Page 330.

To testify their love for the person who had for eight years administered the government of the United States, the merchants of Philadelphia had prepared a splendid banquet for the day, to which the general, several officers of rank in the late army, the heads of departments, foreign ministers, and other persons of distinction were invited.

In the rotundo in which it was given, an elegant compliment was prepared for the principal guest, which is thus described in the papers of the day.

"Upon entering the area the general was conducted to his seat. On a signal given, music played Washington's march, and a scene which represented simple objects in the rear of the principal seat was drawn up, and discovered emblematical painting.

"The principal was a female figure large as life, representing America, seated on an elevation composed of sixteen marble steps. At her left side, stood the federal shield and eagle, and at her feet, lay the cornucopia; in her right hand, she held the Indian calumet of peace supporting the cap of liberty: in the perspective appeared the temple of fame; and on her left hand, an altar dedicated to public gratitude, upon which incense was burning. In her left hand she held a scroll inscribed valedictory; and at the foot of the altar lay a plumed helmet and sword, from which a figure of General Washington, large as life, appeared, retiring down the steps, pointing with his right hand to the emblems of power which he had resigned, and with his left to a beautiful landscape representing Mount Vernon, in front of which oxen were seen harnessed to the plough. Over the general appeared a Genius placing a wreath of laurels on his head."


NOTE—No. XVIII. See Page 348.

(All footnotes on pages covered by Note No. XVIII are references to the correspondence of Thomas Jefferson.)

A letter from Mr. Jefferson to Mr. Mazzei, an Italian who had passed some time in the United States, was published in Florence, and republished in the Moniteur, with some severe strictures on the conduct of the United States, and a remark "that the French government had testified its resentment by breaking off communication with an ungrateful and faithless ally until she shall return to a more just and benevolent conduct. No doubt," adds the editor, "it will give rise in the United States to discussions which may afford a triumph to the party of good republicans, the friends of France.

"Some writers, in disapprobation of this wise and necessary measure of the Directory, maintain that, in the United States, the French have for partisans only certain demagogues who aim to overthrow the existing government. But their impudent falsehoods convince no one, and prove only, what is too evident, that they use the liberty of the press to serve the enemies of France."

Mr. Jefferson, in his correspondence,[59] has animadverted on the preceding note with such extreme bitterness, as to impose on its author the necessity of entering into some explanations. Censure from a gentleman who has long maintained an unexampled ascendency over public opinion, can not be entirely disregarded.

The offence consists in the reference to the letter written by him to Mr. Mazzei, which was published in Florence, and republished in Paris by the editor of the Moniteur, then the official paper of the Directory. In this letter, Mr. Jefferson says, a paragraph was interpolated which makes him charge his own country with ingratitude and injustice to France.

By the word "country," Mr. Jefferson is understood to allude to the government, not to the people of America.

This letter, containing the sentence now alleged to be interpolated, was published throughout the United States in the summer of 1797. It became immediately, as may well be supposed, the subject of universal conversation. The writer, and the individual to whom it particularly alludes, filled too large a space in the public mind for such a paper not to excite general attention and deep interest. It did excite both.

Had it been fabricated, Mr. Jefferson, it was supposed, could not have permitted it to remain uncontradicted. It came in a form too authentic, the matter it contained affected his own reputation and that of the illustrious individual who is its principal subject, too vitally to permit the imputation to remain unnoticed. It would not, it could not have remained unnoticed, if untrue. Yet its genuineness was never questioned by Mr. Jefferson, or by any of his numerous friends. Not even to General Washington, as is now avowed, was it ever denied. Had it been denied to him, his strong sense of justice and of right would have compelled him to relieve the reputation of the supposed writer from a charge of such serious import.

It was, of course, universally received as a genuine letter. An open avowal of it could not have added to the general conviction.

The letter having this irresistible claim on the general confidence, no one part of it was entitled to less credit than every other. The interpolation of a particular sentence was neither suggested nor suspected. The whole was published in Europe and republished in America as the letter of Mr. Jefferson, with his name subscribed. The genuineness of no part of it was ever called into question. How then could the public or any individual have ventured to select a particular sentence, and to say—this is spurious?

Had it been suggested by Mr. Jefferson or his confidential friends that the letter was in general his, but that one sentence was fabricated, there is not perhaps an individual in the United States who would have pointed to that which censured the conduct of our government towards France, as the fabricated sentence. That which placed the then chief magistrate at the head of the "Anglican, monarchical, and aristocratical party which had sprung up," would have been much more probably selected. This conjecture is hazarded because, at the date of the letter,[60] Mr. Jefferson shared the confidence of General Washington, and was on terms of intimate professed friendship with him; while his censures of the conduct of the United States towards France were open and unreserved. The sentence there said to be interpolated would, if really written by him, have involved no imputation on his sincerity,—would have consisted perfectly with his general declarations. These declarations were so notorious, especially after the mission of Mr. Jay to Great Britain, and the reception of the treaty negotiated by him, that there was perhaps not an individual in the United States, at all conversant with public affairs, to whom they were unknown. Without reference to other proofs, sufficient evidence of this fact is furnished by that portion of his correspondence which has been selected for publication. Some examples will be quoted.

In a letter of the 27th of April, 1795,[61] he says, "I sincerely congratulate you on the great prosperities of our two first allies, the French and the Dutch.[62] If I could but see them now at peace with the rest of their continent, I should have little doubt of dining with Pichegru in London next autumn; for I believe I should be tempted to leave my clover for a while, to go and hail the dawn of republicanism in that island."

In a letter of September 21st, 1795,[63] after speaking of the discussions in the papers concerning the treaty, and alluding to the efforts made to give it effect as the boldest act of Hamilton and Jay to undermine the government, he says, "a bolder party stroke was never struck. For it certainly is an attempt by a party who find they have lost their majority in one branch of the legislature, to make a law by the aid of the other branch and of the executive, under colour of a treaty, which shall bind up the hands of the adverse branch from ever restraining the commerce of their patron nation."

On the 30th of November, 1795,[64] he says, "I join with you in thinking the treaty an execrable thing." "I trust the popular branch of the legislature will disapprove of it, and thus rid us of this infamous act, which is really nothing more than an alliance between England and the Anglo men of this country, against the legislature and people of the United States."

On the 21st of December, 1795,[65] speaking of a contemporary member of the cabinet, he says, "The fact is that he has generally given his principles to the one party and his practice to the other, the oyster to one, and the shell to the other. Unfortunately, the shell was generally the lot of his friends, the French and Republicans, and the oyster of their antagonists."

On the 21st of March, 1796,[66] he says, "The British treaty has been formally at length laid before congress. All America is a tiptoe to see what the house of representatives will decide on it." Speaking of the right of the legislature to determine whether it shall go into effect or not, and of the vast importance of the determination, he adds, "It is fortunate that the first decision is to be made in a case so palpably atrocious as to have been predetermined by all America."

On the 27th of the same month he says,[67] "If you decide in favour of your right to refuse co-operation, I should wonder on what occasion it is to be used, if not in one, where the rights, the interest, the honour and faith of our nation are so grossly sacrificed; where a faction has entered into a conspiracy with the enemies of their country to chain down the legislature at the feet of both; where the whole mass of your constituents have condemned the work in the most unequivocal manner, and are looking to you as their last hope to save them from the effects of the avarice and corruption of the first agent, the revolutionary machinations of others, and the incomprehensible acquiescence of the only honest man who has assented to it. I wish that his honesty and his political errors may not furnish a second occasion to exclaim, 'curse on his virtues, they have undone his country.'"

On the 12th of June, 1796,[68] he says, "Congress have risen. You will have seen by their proceedings what I always observed to you, that one man outweighs them all in influence over the people, who have supported his judgment against their own, and that of their representatives. Republicanism must lie on its oars, resign the vessel to its pilot, and themselves to the course he thinks best for them."

On the 22d of January, 1797,[69] he says, "I sincerely deplore the situation of our affairs with France. War with them and consequent alliance with Great Britain will completely compass the object of the executive council from the commencement of the war between France and England; taken up by some of them from that moment; by others more latterly."

On the 17th of June, 1797,[70] he says, "I have always hoped that the popularity of the late President being once withdrawn from active effect, the natural feelings of the people towards liberty would restore the equilibrium between the executive and legislative departments which had been destroyed by the superior weight and effect of that popularity; and that their natural feelings of moral obligation would discountenance the unnatural predilection of the executive in favour of Great Britain. But, unfortunately, the preceding measures had already alienated the nation who were the object of them, and the reaction has on the minds of our citizens an effect which supplies that of the Washington popularity.

"P.S. Since writing the above we have received a report that the French Directory has proposed a declaration of war against the United States to the Council of Ancients, who have rejected it. Thus we see two nations who love one another affectionately, brought by the ill temper of their executive administrations to the very brink of a necessity to imbrue their hands in the blood of each other."

On the 14th of February, 1799,[71] he says, "The President has appointed, and the senate approved, Rufus King, to enter into a treaty of commerce with the Russians, at London, and William Smith (Phocion) envoy extraordinary and minister plenipotentiary to go to Constantinople to make one with the Turks. So that as soon as there is a coalition of Turks, Russians, and English against France, we seize that moment to countenance it as openly as we dare, by treaties which we never had with them before. All this helps to fill up the measure of provocation towards France, and to get from them a declaration of war which we are afraid to be the first in making."

If these sentiments, in perfect coincidence with the pretensions of France, and censuring the neutral course of the American government, were openly avowed by Mr. Jefferson; if, when they appeared embodied in a letter addressed to a correspondent in Europe, and republished throughout the United States, they remained, even after becoming the topic of universal interest and universal excitement, totally uncontradicted, who could suspect that any one sentence, particularly that avowing a sentiment so often expressed by the writer, had been interpolated?

Yet Mr. Jefferson, unmindful of these circumstances, after some acrimonious remarks on Colonel Pickering, has said,[72] "and even Judge Marshall makes history descend from its dignity, and the ermine from its sanctity, to exaggerate, to record, and to sanction this forgery."

The note itself will best demonstrate the inaccuracy of this commentary. To this text an appeal is fearlessly made.

This unmerited invective is followed by an accusation not less extraordinary. It is made a cause of crimination that the author has copied the remark of the Parisian editor, instead of the letter itself.

To remove this reproach, he will now insert the letter, not as published in Europe, and transferred from the French to the American papers, but as preserved and avowed by Mr. Jefferson, and given to the world by his grandson. It is in these words.

"Monticello, April 24th, 1796.[73]

"My Dear Friend,

"The aspect of our politics has wonderfully changed since you left us. In place of that noble love of liberty and republican government which carried us triumphantly through the war, an Anglican, monarchical, and aristocratical party has sprung up, whose avowed object is to draw over us the substance as it has already done the forms of the British government. The main body of our citizens, however, remain true to their republican principles; the whole landed interest is republican, and so is a great mass of talents. Against us are the executive, the judiciary, two out of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants and Americans trading on British capitals, speculators and holders in the banks and public funds, a contrivance invented for the purposes of corruption, and for assimilating us in all things to the rotten as well as sound parts of the British model. It would give you a fever were I to name to you the apostates who have gone over to these heresies, men who were Samsons in the field and Solomons in council, but who have had their heads shorn by the harlot England. In short, we are likely to preserve the liberty we have obtained only by unremitting labours and perils. But we shall preserve it; and our mass of weight and wealth on the good side is so great as to leave no danger that force will ever be attempted against us. We have only to awake and snap the Lilliputian cords with which they have been entangling us during the first sleep which succeeded our labours.

"I will forward the testimonials, &c."

The reader is requested to pause, to reflect on the state of things at the date of this letter, and to ask himself if its inevitable tendency be not to strengthen the impression in the Directory of France which had influenced its conduct towards the United States?—If it be not in the same spirit with the interpolated sentence, carried to a greater extreme, and calculated to produce the same effect?—If the editor who made the interpolation might not reasonably suppose that he was only applying expressly to France a sentiment already indicated in terms too plain to be misunderstood?

France and Great Britain were then waging deadly war against each other. In this mortal conflict, each sought to strengthen herself, or weaken her adversary by any influence to be acquired over foreign powers—by obtaining allies when allies were attainable, or securing neutrality where co-operation was not to be expected. The temper with which the American people contemplated this awful spectacle can not be forgotten. The war of our revolution, in which France fought by the side of America against Great Britain, was fresh in their recollection. Her unexamined professions of republicanism enlisted all their affections in her favour, and all their antipathies against the monarchs with whom she was contending. Feelings which were believed to be virtuous, and which certainly wore the imposing garb of patriotism, impelled them with almost irresistible force against that wise neutrality which the executive government had laboured to preserve, and had persisted in preserving with wonderful and unexampled firmness. France might, not unreasonably, indulge the hope that our government would be forced out of its neutral course, and be compelled to enter into the war as her ally. The letter to Mazzei could scarcely fail to encourage this hope.

The suggestion had been repeatedly made, and France not only countenanced but acted on it, that the American people were ready to take part with her, and were with difficulty restrained by their government. That the government had fallen into the hands of an English party who were the more closely attached to their favourite nation, because they were unfriendly to republicanism, and sought to assimilate the government of the United States to that of England. Partiality to England was ingratitude to France. Monarchical propensities were of course anti-republican, and led to a system of policy separating the United States from republican France, and connecting them with her monarchical enemies.

These sentiments were expressed in the interpolated sentence; and are intimated in terms perhaps more offensive, certainly not to be mistaken, in the letter as avowed.

Review its language.

"In place of that noble love of liberty and republican government which carried us triumphantly through the War, an Anglican, monarchical, and aristocratical party has sprung up, whose avowed object is to draw over us the substance as it has already done the forms of the British government."

Could this party have been friendly—must it not have been hostile to France? It was not only monarchical and aristocratical,—it was Anglican also. Consequently it was anti-Gallican. But it did not comprehend the mass of the people. "The main body of our citizens, however," continues the letter, "remain true to their republican principles; the whole landed interest is republican, and so is a great mass of talents." Who then composed this odious Anglican, monarchical, aristocratical party? The letter informs us: "Against us are the executive, the judiciary, two out of three branches of the legislature, all the officers of the government, all who want to be officers, all timid men who prefer the calm of despotism to the boisterous sea of liberty, British merchants and Americans trading on British capitals, speculators, and holders in the banks and public funds."

The executive then and at least one other branch of the legislature were Anglican. The judiciary, a department not absolutely insignificant in a maritime war, was also Anglican. But the executive, being the organ of intercourse with foreign nations, is considered by them as essentially the government. This being thought Anglican, its course being such as to induce the writer to brand it with this odious epithet, ought it to excite surprise that an editor, the organ of the French government, made the strictures upon it which are quoted in the note? Are not those strictures as applicable to the letter now avowed as to the interpolated sentence?

The remark that the "French government had testified its resentment by breaking off communication with an ungrateful and faithless ally until she shall return to a more just and benevolent conduct," was the assertion of a fact which had taken place, and the commentary discloses its object not less plainly than did the time at which this fact was announced to the American government and people.[74] "It will give rise in the United States," says the editor, "to discussions which may afford a triumph to the party of good republicans, the friends of France."

The letter, without the aid of the interpolated sentence, could not fail to cherish this sentiment. It states explicitly an unequivocal division and a decided hostility between those who administered the government, and the great body of land holders, who, in this country, are the people. The first were Anglican and monarchical, the last were republican, and, in the language of the Moniteur, "the friends of France." What so certain to produce or continue the rupture of communication mentioned by the editor as the opinion that this statement was true? If we could doubt, our doubts are removed by the declaration that it would produce "discussions in the United States which may afford a triumph to the party of good republicans, the friends of France;" and by the declaration of Mr. Adet.

The interpolated sentence then does not vary the import of the letter, nor change the impression it made in France, and must make on the mind of the reader.

Were it otherwise, Mr. Jefferson should have directed his reproaches towards himself for the countenance his silent acquiescence gave to the opinion that the whole letter was genuine—not towards the great body of his countrymen who yielded implicit faith to this imposing testimony.

Could such a letter from such a personage be entirely overlooked by the biographer of Washington? Having assumed the task of delineating the character, and detailing the actions and opinions of the great soldier and statesman of America, an essential part of which was to be looked for in the difficulties and the opposition he encountered and overcame, could a transaction which contains such strong intrinsic evidence of those difficulties and that opposition be passed over in total silence? These questions were revolved in his mind while engaged in this part of the work; and the result to which his judgment conducted him was a conviction that, though he might forbear to make those strictures on the letter which the relative situation of the writer and the individual so seriously criminated seemed to invite, his duty required him to notice it so far as it indicated the violence of party spirit at the time, the extreme to which it was carried, the dangers to which it led, and the difficulties which the wise and firm mind of Washington was doomed to encounter.

The remarks of the French editor were quoted because they have a strong tendency, especially when connected with subsequent events, to explain the motives by which the Directory was actuated in its aggressions on the United States, and to justify the policy of the Washington administration. These remarks did not grow out of the interpolated sentence, nor were they confined to it. They apply to the whole letter. That sentence is not cited, nor is any particular allusion made to it, in the note which is charged with "exaggerating, recording, and sanctioning the forgery." How then could Mr. Jefferson deliberately make the charge?

In the same letter he endeavours to convey the opinion that the harsh and injurious strictures made to Mazzei were not intended for General Washington, and that this distinguished individual never applied them to himself.

The evidence in support of this proposition is not derived from the person whose opinion Mr. Jefferson undertakes to state. The writer says,[75] "I do affirm that there never passed a word, written or verbal, directly or indirectly, between General Washington and myself on the subject of that letter." If his observations on this point are to be considered as reasoning rather than assertion, they may be freely examined.

At the head of the list of those composing the "Anglican, monarchical, aristocratical party," the letter places "the executive." "Against us are the executive, the judiciary, two out of three branches of the legislature, all the officers of government, all who want to be officers," &c.

The letter speaks in the present tense, and the term "executive" can describe only the then actual President. Consequently, it designates General Washington as expressly as if he had been named.

If this positive evidence could be strengthened by auxiliary proof, it is furnished by the same sentence. "All officers of government, all who want to be officers," are included in the enumeration of those composing the party opposed to "the main body of citizens who remained true to republican principles."

By whom were these Anglican, monarchical, and aristocratical officers selected? By General Washington. To him alone were they indebted for their appointments. To whom did those "who wanted to be officers" look for the gratification of their wishes? To the same person. Would every individual in search of office enlist himself in a party so odious to "the main body of our citizens," and "the whole landed interest," if he did not think the road leading directly to that which he sought?

As if willing to keep out of view what can not be explained away, Mr. Jefferson turns our attention to other passages supposed to be more equivocal. He insists[76] that the letter saying "that two out of the three branches of the legislature were against us, was an obvious exception of him; it being well known that the majorities in the two branches of the senate and representatives were the very instruments which carried, in opposition to the old and real republicans, the measures which were the subjects of condemnation in this letter."

But did these measures obtain the force of laws by the mere act of the senate and house of representatives? Did not the President assent to them? If he did, how could the expression "two out of three branches of the legislature" be an obvious exception of him? But the letter speaks of the then existing legislature. "Against us are two out of three branches of the legislature." The fact is notorious that the house of representatives was, at the date of the letter, opposed to the administration. Mr. Jefferson himself gives us this information. In September, 1795,[77] he terms the effort to carry the treaty with Great Britain into effect, "an attempt of a party who find they have lost their majority in one branch of the legislature to make a law by the aid of the other branch and the executive under colour of a treaty," &c. Mr. Jefferson then has deprived himself of this explanation. He could not have intended to exclude the President by the phrase "two out of three branches of the legislature."

The same letter contains also the following expression,[78] "Mr. Pickering quotes the passage in the letter of the men who were Samsons in the field and Solomons in the council, but who had their heads shorn by the harlot England." "Now this expression also was perfectly understood by General Washington. He knew that I meant it for the Cincinnati generally; and that from what had passed between us at the commencement of that institution, I could not mean to include him."

In the letter to Mazzei these words obviously designate distinguished individuals, not whole classes of men, many of whom were unknown. "It would give you a fever were I to name to you the apostates who have gone over to these heresies; men who were Samsons in the field and Solomons in the council, but who have had their heads shorn by the harlot England."

In addition to this apparent allusion to individuals, it may be asked, could Mr. Jefferson mean to say that every officer engaged in the war of our revolution (for almost every one of them was a member of the Cincinnati) was an apostate who had gone over to the heresies he was describing? Could he mean to say that all those who had passed their prime of manhood in the field fighting the battles of American independence, and of republicanism against England, had become apostates from the cause to which their lives had been devoted, and the vile instruments of the power it was their pride and boast to have overthrown? That they were in a body following their ancient chief in a course directly opposite to that glorious career by which they had elevated their country to its high rank among the nations of the earth?

There is other evidence that he could not have intended to fix this foul stigma on the officers of the revolution. They were far from being united in support of the administration. In Virginia certainly, a large number, perhaps a majority of the Cincinnati were opposed to it. Two[79] of them in congress at the time, and were among the most zealous supporters of Mr. Jefferson, and of that system of measures which he termed republican. The very letter under discussion contains an assertion incompatible with this construction of these terms. "The whole landed interest is republican." At the date of this letter there were few if any members of the Cincinnati in the south who were not also land holders. In the southern region generally, the army of our revolution was officered by land holders and their sons.

But if the writer of the letter could have intended to designate the members of the Cincinnati as "Samsons in the field," could he also have alluded to them as "Solomons in council?" Were the brave and hardy men who passed their youth, not in college, not in study, but under arms, suddenly converted, all of them, into "Solomons in council?" That some of them were entitled to this appellation is acknowledged with pride and pleasure, but as a class, it could not fit them. It is difficult to treat the proposition seriously.

It is impossible for the intelligent reader to concur with Mr. Jefferson in the conclusion he draws from these premises, when he says,[80] "General Washington then understanding perfectly what and whom I meant to designate in both phrases, and that they could not have any application or view to himself, could find in neither any cause of offence to himself."

But were it otherwise, had Mr. Jefferson been as successful in the opinion of others as he would seem to be in his own, in proving that the phrases on which he reasons do not comprehend General Washington, what would be gained? Would it follow that the word "executive" did not mean the President, or that it excluded General Washington who was President when the letter was written, and had been President during the whole time while the laws were enacted, and the measures carried into execution, which he so harshly criminates? If the word "executive" must mean him, does it palliate the injury to be assured that the writer did not class him among "Samsons in the field" or "Solomons in council?"

It is matter of some surprise to find a letter written so late as June, 1824, on the political paragraph contained in the letter to Mazzei, the following averment.[81] "In this information there was not one word which would not then have been or would not now be approved by every republican in the United States, looking back to those times."

In June, 1834, then, twenty-eight years after this extraordinary letter was written, and twenty-three years after its principal object had ceased to thwart the policy, or be an obstacle to the ambition of any man, Mr. Jefferson could deliberately, and on full consideration permit himself to make this assertion, and thus in effect to repeat the charge that General Washington belonged to an "Anglican, monarchical, and aristocratical party whose avowed object was to draw over us the substance as they had already done the forms of the British government,"—and this too while the venerated object of the charge was the chief magistrate of this great republic, acting under the obligation of a solemn oath "faithfully to execute the office of President of the United States, and to the best of his ability to preserve, protect, and defend the constitution!"

This unpleasant subject is dismissed. If the grave be a sanctuary entitled to respect, many of the intelligent and estimable friends of Mr. Jefferson may perhaps regret that he neither respected it himself, nor recollected that it is a sanctuary from which poisoned arrows ought never to be shot at the dead or the living.


END OF VOLUME V.


                                                                                                                                                                                                                                                                                                           

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