purchase of the debt was equally a charge on the same fund, and appeared "in no report to Congress, at the last session, or at any other time, as appertaining to the Domestic fund or surplus revenue.-On the contrary, that sum is expressly stated to have been issued out of the foreign fund in my third letter to the House of Representatives of the thirteenth of February seventeen hundred and ninety-three, which was proved by a certificate of the Register, showing that it was originally carried in the books of the Treasury to the account of the foreign fund."

He then referred to his previous Report to the President, to show the amount that would remain to be borrowed for the purchases of the Debt--which, if the European War should continue, might in all probability be advantageously applied to that purpose, as fast as it could be commanded.

At the period of these perplexing difficulties, Hamilton had the happiness to receive a letter from his father in Santa Cruz-accepting an invitation to join him in the United States-"I have now settled," he wrote him, "all my business in this part of the world, with the assistance of my good friend Mr. Donald." * We daily expect news of peace; and when that takes place, provided it is not too late in the season, I will embark in the first vessel that sails for Philadelphia." †

* *

His advanced age and the continuance of the War prevented him from carrying this purpose into effect.

$1,715,098 11.

Hamilton's Works, v. 567, June 13, 1793.

CHAPTER XCI.

THE Government was now compelled to exert its powers in performance of its neutral obligations.

The Court of Admiralty having decided against its jurisdiction over questions of prize between belligerent Nations, the partisans of France were encouraged. There being no judicial authority to interpose, it was by them believed, there would be no further prevention of the course they had resolved to take.

A communication was made by Jefferson to the French Minister of the circumstances which attended the capture of the "William," that she was taken after a pilot was on board, within two miles of the light-house at Cape Henry by the "Genet," fitted out in Charleston.

Upon this statement, he was asked "to be so good as to give orders to the French Consul to take the vessel into his custody, and deliver her to the owners."

A similar request was on the same day, made as to the brigantine "Fanny" captured "within the limits of the protection of the United States," and sent as a prisoner into Philadelphia.

These requests were preferred during the absence of the President, and after an express assent by Genet, to a proposition, that the detention of the captured vessel should be made by the Consul of France. Confiding in

the fulfilment of it, an armed force placed on board the William" was withdrawn.

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A few days after, a case occurred requiring a more decisive interposition. On the twenty-second of June, the warden of Philadelphia reported to the Governor of Pennsylvania that the Brig "Little Sarah," since called the "Petit Democrat," (an English merchant vessel,) mounting from two to four guns, taken off the American coast, by the Ambuscade, was fitting as a privateer.

This information was communicated to the President, who had proceeded to Mount Vernon. Doubts being entertained as to the facts, nothing was done in relation to her. On the sixth of July, full information was obtained, that she was fitted out and intended as a cruiser--that she had augmented her military equipment so as to mount fourteen iron cannon and six swivels, and to be manned by one hundred and twenty men, and was to sail the following day.

Governor Mifflin, in consequence of this information, sent Dallas, the Secretary of State of Pennsylvania, to Genet, to endeavor to prevail upon him to enter into an arrangement for detaining the vessel in port without the necessity of employing, for that purpose, military force. The result of this application is stated in the following letter from Hamilton of the thirteenth of August.*

("Mr. Dallas reported to Governor Mifflin, that Mr. Genet had absolutely refused to do what had been requested of him--that he had been very angry and intemperate, that he had complained of ill treatment from the Government, and had declared that he would appeal from the President to the people,') mentioned his expectation of the arrival of three ships of the line;-observing, that he would know how to do justice to his country, or, at

*To Rufus King.

6

least, he had a frigate at his command, and could easily withdraw himself-said, that he would not advise an at tempt to take possession of the Vessel as it would be resisted.

[The refusal was so peremptory, that Governor Mifflin, in consequence of it, ordered out one hundred and twenty men for the purpose of taking possession of the vessel.]

"This conversation between Genet and Dallas was, in toto, repeated by Governor Mifflin to General Knox the day following; and, the day after that, the Governor confirmed to me the declaration with regard to appealing to the people: owned that something like the threat to do justice to his country, by means of the ships of the line, was thrown out by Mr. Genet,-but showed an unwillingness to be explicit on this point, objecting to a more particular disclosure, that it would tend to bring Mr. Dallas into a scrape.

"Mr. Jefferson on Sunday went to Mr. Genet to endeavor to prevail upon him to detain the Petit Democrat,' till the President could return and decide upon the case; but, as Mr. Jefferson afterwards communicated, he absolutely refused to give a promise of the kind, saying only, that she would not probably be ready to depart before the succeeding Wednesday, the day of the President's expected return.

"This however Mr. Jefferson construed into an intimation that she would remain.

"Mr. Jefferson also informed, that Mr. Genet had been very unreasonable and intemperate in his conversation, (though he did not descend to particulars,) and that Dallas had likewise told him (Mr. Jefferson) that Genet had declared he would appeal from the President to the people.*

* Jefferson reports:-" "Mr Dallas told me that on his proposing the subject of detaining the Vessel, he flew into a great passion, talked extravagantly,

.

"The Petit Democrat, instead of remaining, as Mi. Jefferson had concluded, fell down to Chester, previous to the Wednesday referred to, where she was when the President returned. A letter was written to Mr. Gene! by order of the President, informing him that the case of this vessel, among others, was under consideration, and desiring, that she might be detained until he should come to a decision about her, but this requisition was disregarded. She departed in defiance of it.* †

"It is true, as you have heard, that things, if possible, still more insulting have since been done by Mr. Genet, but of this at present no use can be made, no more than · of some antecedent transactions, nearly if not quite as exceptionable. The mass would confound Mr. Genet and his associates; perhaps it may not be long before a promulgation of it will take place.

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"I am of opinion with you that, the charge ought to be insisted upon.

and concluded by refusing to order the Vessel to stay.-Mr. D. mentioned some things which he had not said to me, and particularly his declaration, that he would appeal from the President to the People.”—(See this in State Department, Washington.)

* The minutes of Jefferson as to this interview with Genet, exhibit nis deportment in a light equally offensive, charging the United States with a violation of the treaty with France-that they suffered their flag to be insulted and disregarded by the English-that he had been thwarted and opposed in every thing-avowing his intention to press the President to convene Congress -they being the sovereign. He refused to give an explicit assurance to detain the privateer, stating, though in indefinite terms, that she would not be in readiness.

On communicating this information, Hamilton remarked:-"I give the detail that you may have the whole subject before you, but I cannot give leave to make use of it all.-All that part" (within brackets) "may be fairly made use of. This part is so circumstanced as to take away all scruples of personal or official delicacy.-'Tis not so with the rest.-It can therefore only be confidentially disclosed to persons whose discretion may be relied on, and whose knowledge may be useful."