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.

V. HAMILTON TO WASHINGTON.

(Cabinet Paper.)

April, 1793.

Question the Third proposed by the President of the United States. "If a minister from the republic of France shall be received, shall it be absolutely, or with qualifications; and if with qualifications, of what kind?"

Answer.

It is conceived to be advisable that the reception of the expected minister from the republic of France should be qualified by a previous declaration, 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 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 originally contracted 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 apprise him beforehand of the intention to reserve that question, lest silence on the point should occasion misconstruction." The grounds of this opinion are as follow:

were

The treaties between the United States and France made with His Most Christian Majesty, his heirs and successors.

The government of France which existed at the time those treaties were made gave way, in the first instance, to a new constitution, formed by the representatives of the nation, and accepted by the king, which went into regular operation. Of a sudden a tumultuous rising took place. The king was seized, imprisoned, and declared to be suspended by the authority of the National Assembly, a body delegated to exercise the legislative functions of the already established government-in no shape authorized to divest any other of the constituted authorities of its legal capacities or powers. So far, then, what was done was a manifest assumption of power.

To justify it, it is alleged to have been necessary for the safety of the nation, to prevent the success of a counter-revolution meditated or patronized by the king.

On the other side, it is affirmed that the whole transaction was merely the execution of a plan which had been for some time projected, and had been gradually ripening, to bring about an abolition of the royalty and the establishment of a republican government.

No satisfactory proof is known to have been produced to fix upon the king the charges which have been brought against him.

On the other hand, declarations have escaped from characters who took a lead in the measure of suppressing the royalty, which seem to amount to a tacit acknowledgment that the events of the 10th of August were the result of a premeditated plan of the republican party to get rid of the monarchial power, rather than a necessary counteraction of mischievous designs on the part of the king.

Mr. De Malsherbes, one of the counsel of the king, makes this striking reflection on the point.

The events of the 10th of August were followed on the 2d and 3d of September with the massacre of a great number of persons in different parts of France, including several distinguished individuals who were known to be attached either to the ancient government, or to the constitution which had succeeded to it.

The suspension of the king was accompanied by a call upon the primary assemblies to depute persons to represent them in a convention, in order to the taking of such measures as the exigency of the conjuncture might require.

Under circumstances not free from precipitation, violence, and awe, deputies to a national convention were chosen. They assembled on the 17th of September, 1792, at Paris, and on the very day of their meeting decreed the abolition of royalty.

They proceeded in the next place to organize a temporary provisional government, charged with managing the affairs of the nation till a constitution should be established.

As a circumstance that gives a complexion to the course of things, it is proper to mention that the Jacobin Club at Paris (a society which, with its branches in different parts of France, appears to have had a prevailing influence over the affairs of the country), previous to the meeting of the convention, entered into measures with the avowed object of purging the convention of those persons, favorers of royalty, who might have escaped the attention of the primary assemblies.

In the last place, the late king of France has been tried and condemned by the convention, and has suffered death.

Whether he has suffered justly or unjustly, whether he has been a guilty tyrant or an unfortunate victim, is at least a problem. There certainly can be no hazard in affirming that no proof has yet come to light sufficient to establish a belief that the death of Louis is an act of national justice.

It appears to be regarded in a different light throughout Europe, and by a numerous and respectable part, if not by a majority, of the people of the United States.

Almost all Europe is or seems likely to be armed in opposition to the present rulers of France, with the declared or implied intention of restoring, if possible, the royalty in the successor of the deceased monarch.

The present war, then, turns essentially on the point-What shall be the future government of France? Shall the royal authority be restored in the person of the successor of Louis, or shall a republic be constituted in exclusion of it?

Thus stand the material facts which regard the origin of our connections with France and the obligations or dispensations that now exist.

They have been stated, not with a view to indicate a definitive opinion concerning the propriety of the conduct of the present rulers of France, but to show that the course of the revolution there has 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, and with such a spirit of justice and humanity, as ought to silence all scruples about the validity of what has been done, and the morality of aiding it, if consistent with policy.

This great and important question arises out of the facts which have been stated:

Are the United States bound, by the principles of the laws of nations, to consider the treaties heretofore made with France as in present force and operation between them and the actual governing powers of the French nation? or may they elect to consider their operation as suspended, reserving also a right to judge finally whether any such changes have happened in the political affairs of France as may justify a renunciation of those treaties?

It is believed that they have an option to consider the operation of those treaties as suspended, and will have eventually a right to renounce them, if such changes shall take place as can bona fide be pronounced to render a continuance of the connections which result from them disadvantageous or dangerous.

There are two general propositions which may be opposed to this opinion:-1st. That a nation has a right, in its own discretion, to change its form of government—to abolish one, and substitute another. 2d. That real treaties (of which description those in question are) bind the NATIONS whose governments contract, and continue in force notwithstanding any changes which happen in the forms of their government.

The truth of the first proposition ought to be admitted in its fullest latitude. But it will by no means follow, that, because a nation has a right to manage its own concerns as it thinks fit, and to make such changes in its political institutions as itself judges best calculated to promote its interests, it has therefore a right to involve other nations, with whom it may have had connections, absolutely and unconditionally, in the consequences of the changes which it may think proper to make. This would be to give to a nation or society not only a power over its own happiness, but a power over the happiness of other nations or societies. It would be to extend the operation of the maxim much beyond the reason of it, which is simply, that every nation ought to have a right to provide for its own happiness.

If, then, a nation thinks fit to make changes in its government, which render treaties that before subsisted between it and another nation useless, or dangerous, or hurtful to that other nation, it is a plain dictate of reason that the latter will have a right to renounce those treaties; because it also has a right to take care of its own happiness, and cannot be obliged to suffer this to be impaired by the means which its neighbor or ally may have adopted for its own advantage, contrary to the ancient state of things.

But it may be said, that an obligation to submit to the inconveniences that may ensue arises from the other maxim which has been stated-namely, that real treaties bind nations, notwithstanding the changes which happen in the forms of their governments.

All general rules are to be construed with certain reasonable limitations. That which has been just mentioned must be understood in this sense,-that changes in forms of government do not of course abrogate real treaties; that they continue absolutely binding on the party which makes the change, and will bind the other party, unless, in due time and for just cause, he declares his election to renounce them; that in good faith he ought not to renounce them, unless the change which happened does really render them useless, or materially less advantageous, or more dangerous than before. But for good and sufficient cause he

may renounce them.

Nothing can be more evident than that the existing forms of government of two nations may enter far into the motives of a real treaty. Two republics may contract an alliance, the principal inducement to which may be a similarity of constitutions, producing a common interest to defend their mutual rights and liberties. A change of the government of one of them into a monarchy or despotism may destroy the inducement and the main link of common interest. Two monarchies may form an alliance on a like principle, their common defence against a powerful neighboring republic. The change of the government of one of the allies may destroy the source of common sympathy and common interest, and render it prudent for the other ally to renounce the connection and seek to fortify itself in some other quarter.