eration may obtain during the war, from any of the dominions now or heretofore possessed by Great Britain in North America, conformably to the fifth and sixth articles above written, the whole as their possession shall be affixed and assured to the said states at the moment of the cessation of their present war with England.

II. WASHINGTON TO THOMAS JEFFERSON, SECRETARY OF STATE.

Dear Sir,

MOUNT VERNON, 12 April, 1793.

Your letter of the 7th was brought to me by the last post. War having actually commenced between France and Great Britain, it behooves the government of this country to use every means in its power to prevent the citizens thereof from embroiling us with either of those powers, by endeavoring to maintain a strict neutrality. I therefore require, that you will give the subject mature consideration, that such measures as shall be deemed most likely to effect this desirable purpose may be adopted without delay; for I have understood, that vessels are already designated privateers, and are preparing accordingly.

Such other measures as may be necessary for us to pursue against events, which it may not be in our power to avoid or control, you will also think of, and lay them before me at my arrival in Philadelphia; for which place I shall set out tomorrow, but will leave it to the advices, which I may receive tonight by the post, to determine whether it is to be by the most direct route, or by the one I proposed to have come, that is, by Reading, the canals between the rivers of Pennsylvania, Harrisburg, Carlisle, &c., &c. With very great esteem and regard, I am, &c.

III. WASHINGTON TO SECRETARIES AND ATTOR

NEY-GENERAL.

[CIRCULAR]

PHILADELPHIA, 18 April, 1793.

The posture of affairs in Europe, particularly between France and Great Britain, places the United States in a delicate situation, and requires much consideration, of the measures which will be proper for them to observe in the war between those powers. With a view to forming a general plan of conduct for the executive I have stated and enclosed sundry questions, to be considered preparatory to a meeting at my house tomorrow, where I shall expect to see you at 9 o'clock, and to receive the result of your reflections thereon. I am, &c.

QUESTIONS SUBMITTED BY THE PRESIDENT.

PHILADELPHIA, 18 April, 1793.

I. Shall a proclamation issue for the purpose of preventing interferences of the citizens of the United States in the war between France and Great Britain, &c.? Shall it contain a declaration of neutrality or not? What shall it contain?

II. Shall a minister from the Republic of France be received? III. If received, shall it be absolutely or with qualifications; and, if with qualifications, of what kind?

IV. Are the United States obliged by good faith to consider the treaties heretofore made with France as applying to the present situation of the parties? May they either renounce them, or hold them suspended till the government of France shall be established?

V. If they have the right, is it expedient to do either, and which?

VI. If they have an option, would it be a breach of neutrality to consider the treaties still in operation?

VII. If the treaties are to be considered as now in operation, is the guarantee in the treaty of alliance applicable to a defensive war only, or to war either offensive or defensive?

VIII. Does the war in which France is engaged appear to be offensive or defensive on her part? Or of a mixed and equivocal character?

IX. If of a mixed, and equivocal character, does the guarantee in any event apply to such a war?

X. What is the effect of a guarantee such as that to be found in the treaty of alliance between the United States and France? XI. Does any article in either of the treaties prevent ships of war, other than privateers, of the powers opposed to France from coming into the ports of the United States to act as convoys to their own merchantmen? Or does it lay any other restraint upon them more than would apply to the ships of war of France?

XII. Should the future regent of France send a minister to the United States, ought he to be received?

XIII. Is it necessary or advisable to call together the two Houses of Congress, with a view to the present posture of Euro

pean affairs? If it is, what should be the particular object of such a call? 1

1

1 The opinion of the cabinet was thus expressed in a memorandum drawn up by Jefferson:

"At a meeting of the heads of departments and the attorney-general at the President's, April 19th, 1793, to consider the foregoing questions proposed by the President, it was determined by all, on the first question, that a proclamation shall issue forbidding our citizens to take part in any hostilities on the seas, with or against any of the belligerent powers; and warning them against carrying to any such powers any of those articles deemed contraband, according to the modern usage of nations; and enjoining them from all acts and proceedings inconsistent with the duties of a friendly nation towards those at war.

"On the second question, 'Shall a minister from the Republic of France be received?' it was unanimously agreed, that he shall be received.

"The remaining questions were postponed for further consideration." On the third question, Jefferson and Randolph were of opinion, that the minister should be received absolutely and without qualifications. Hamilton and Knox deemed it "advisable, that the reception of the minister expected from the Republic of France should be qualified substantially to this effect:

"That the government of the United States, uniformly entertaining cordial wishes for the happiness of the French nation, and disposed to maintain with it an amicable communication and intercourse, uninterrupted by political vicissitudes, does not hesitate to receive him in the character, which his credentials import; yet, considering the origin, course, and circumstances of the relations continued between the two countries, and the existing position of the affairs of France, it is deemed advisable and proper on the part of the United States to reserve to future consideration and discussion the question, whether the operation of the treaties, by which those relations were formed, ought not to be deemed temporarily and provisionally suspended; and under this impression it is thought due to a spirit of candid and friendly procedure, to apprize him beforehand of the intention to reserve that question, lest silence on the point should occasion misconstruction."

The other questions were elaborately discussed by each member of the cabinet in writing, and the relations between France and the United States, as then existing, were largely examined.

1. Writings of Washington (Ford ed.), Vol. XII, pp. 280-281.

IV. JEFFERSON TO THE PRESIDENT OF THE UNITED STATES W. MSS.

PHILADELPHIA, Apr. 28, 1793. SIR,--According to the intimation the other day, and indeed according to my own wish in a question, if not difficult, yet very important, I have the honor to inclose you a written opinion on the question Whether the U. S. ought to declare their treaties with France void, or suspended?

This contains my answer to the 2d, 3d, 4th, 5th & 6th of the written queries.

The 1st had been before answered & acted on.

The 7th, 8th, 9th & 10th are questions on the Guarantee, which it may possibly never be necessary to answer; or if we should be called on we may then take due time to give in the answer, which must always be framed in a considerable degree on the circumstances existing at that moment.

The 4th page of the inclosed contains my answer to the 11th.. The 12th I answer by saying that if the Nation of France shall ever reestablish such an officer as Regent (of which there is no appearance at present) I should be for receiving a Minister from him: but I am not for doing it from any Regent, so christened, and set up by any other authority.

The 13th has been decided negatively.

OPINION ON FRENCH TREATIES.

W. MSS.

Apr. 28, 1793.

I proceed, in compliance with the requisition of the President, to give an opinion in writing on the general Question, Whether the U. S. have a right to renounce their treaties with France, or to hold them suspended till the government of that country shall be established?

In the Consultation at the President's on the 19th inst. the Secretary of the Treasury took the following positions & consequences. 'France was a monarchy when we entered into treaties with it but it has now declared itself a Republic, & is preparing a Republican form of government. As it may issue in a Republic, or a Military despotism, or in something else which may possibly render our alliance with it dangerous to ourselves,