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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 xpedient 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 republíc 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 sus pended; and in the council of the succeeding day it was determined to retain in port all* privateers which had been equipped by any of the bel They were particularly enumerated, and the decision was also extended to the ship

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ligerent powers within the United States. This determination was im mediately 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 pro voking France, to engage America in the war, for the purpose of extirpating republican principles.*

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;

Jane, an English armed merchantman, alleged by Mr. Genet to be a privateer, and the governor was requested to attend to her, and if he found her augmenting her force and about to depart, to cause her to be stopped.

The Jane had augmented her armament by replacing four old gun-carriages with new ones, and opening two new port-holes. The request of the British consul that these alterations might be allowed was peremptorily rejected, and directions were given that she should be restored precisely to the situation in which she entered the port. Had she attempted to sail without obeying these orders, Governor Mifflin had taken measures to stop her at Mud Island.

* See note, No. XI. at the end of the volume. VOL. II.

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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 preser vation 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 fol lowed, 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 Presi dent 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 the 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 execu

tive, 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 Presi dent 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* 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 See note, No. XII. at the end of the volume.

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