viewed the whole ground of the controversy, from beginning to end, sustaining his former positions and overturning those of the British Minister, by such clear and conclusive arguments, as drove his antagonist fairly from the field. He showed that, with respect to property confiscated by the individual States, the treaty merely stipulated, that Congress should recommend to the legislatures of the several States, to provide for its restitution. That Congress had done all in their power, and all they were bound by the treaty to do; that it was left with the States to comply or not, as they might think proper, with the recommendation of Congress, and that this was so understood by the British negotiators, and by the British ministry, at the time the treaty was concluded. He also claimed, that the first infractions were on the part of Great Britain, by retaining the western posts, and the deportation of negroes; and that the delays and impediments which had taken place, in the collection of British debts, were justifiable on that acoount.

Hammond never undertook an answer to this communication. After more than a year had elapsed, without hearing any thing from him, Mr. Jefferson invited his attention to the subject, and requested an answer. But Hammond evaded the challenge, alleging as an excuse for his neglect, that he awaited instructions from his government. In this state the matter rested until it became merged in disputes of a more serious character, by the outbreak of a general war in Europe, which changed the political relations of both

continents.

Against another pretension on the part of Great Britain, and one which ultimately conduced to the second war with that nation, Mr. Jefferson had the honor of opposing the first formal resistance of our government. This was the impressment of seamen on board American ships, under color of their being British subjects. This custom was peculiar to England; she had practised it towards all other nations, from time immemorial, but with accumulated rigor towards the United States, since their independence. She claimed the absolute right of going on board American ships, with her press-gangs, and constraining into her service all seamen whatsoever, who could not produce upon the spot, written evidences of their citizenship. The consequence was that American citizens were frequently carried off, and subjected to multiplied cruelties, not only without evidence, but even against evidence. In opposition to this preposter

ous claim, the Secretary of State proclaimed the determined voice of the government, and authorized a rigorous system of reprisal, unless the practice should be abandoned. He contended that American bottoms should be prima facie evidence that all on board were Americans, which would throw the burden of proof, where it ought to be, on those who set themselves up against natural right. Under date of June 11, 1792, he thus writes to our Minister at London :

"We entirely reject the mode which was the subject of a conversation between Mr. Morris and him, [British Minister,] which was, that our seamen should always carry about them certificates of their citizenship. This is a condition never yet submitted to by any nation, one with which seamen would never have the precaution to comply; the casualties of their calling would expose them to the constant destruction or loss of this paper evidence, and thus, the British government would be armed with legal authority to impress the whole of our seamen. The simplest rule will be, that the vessel being American, shall be evidence that the seamen on board her are such. If they apprehend that our vessels might thus become asylums for the fugitives of their own nation from impressgangs, the number of men to be protected by a vessel may be limited by her tonnage, and one or two officers only be permitted to enter the vessel in order to examine the numbers on board; but no press-gang should be allowed ever to go on board an American vessel, till after it shall be found that there are more than their stipulated number on board, nor till after the master shall have refused to deliver the supernumeraries (to be named by himself) to the pressofficer who has come on board for that purpose; and, even then, the American Consul should be called in. In order to urge a settlement of this point, before a new occasion may arise, it may not be amiss to draw their attention to the peculiar irritation excited on the last occasion, and the difficulty of avoiding our making immediate reprisals on their seamen here."

On the subject of impressment, Mr. Jefferson's own private opinion was, that American bottoms should be conclusive evidence that all on board were American citizens, inasmuch as the right of expatriation was a natural right, the free enjoyment of which no nation had the authority to molest, with respect to any other nation, unless by special and mutual agreement. But the administration were not prepared, at this time, to carry their resistance to the principle, further than was necessary for the protection of their own seamen, without affording an asylum for others.

The combination of European despots against the republic of France, in 1793, placed the United States in a new, and to them, inexperienced position. The situation of a neutral nation is always delicate and embarrassing; but peculiarly so, when it is connected with the belligerent parties by extensive commercial relations, and when its subjects are divided by powerful political partialities and antipathies towards the Powers at war. This was precisely the situation of the United States. One universal feeling of indignation at the interference of England and her allies, with the revolutionary struggle of France, pervaded the whole republican party in America; and nothing but the extraordinary firmness and prudence of their leader, backed of course, on this occasion, by the whole weight of the administration, could have prevented the generous enthusiasm of the nation from embroiling the government in the foreign conflict, and from plunging its citizens into a ferocious and bloody war with each other.

The phrenzy of the popular excitement in favor of France, was greatly increased by the intemperate character of the minister of the French republic, Mr. Genet. No sooner had this gentleman arrived in the United States, than, presuming on the state of public feeling, he began the design of forcing them to become a party to the war, by an extraordinary course of proceedings. He landed on the 8th of April, 1793, at Charleston, a port so remote from his points, both of departure and destination, as to excite attention; and instead of proceeding directly to Philadelphia, and presenting his credentials to the President, he remained in Charleston five or six weeks. While there, he was constantly engaged in authorizing the fitting and arming vessels in that port, enlisting men, foreigners and citizens, and giving them commissions to cruise and commit hostilities on the nations at war with France. These vessels were taking and bringing prizes into our ports; and the Consuls of France, by his direction, were assuming to hold courts of admiralty on them, to try, condemn, and authorize their sale as legal prize. All this was done and doing before Mr. Genet had been received and accredited by the President, without his consent or consultation, in defiance of an express proclamation by the government, and in palpable contravention of the law of nations. These proceedings immediately called forth from the British Minister several memorials thereon; to which Mr. Jefferson replied, on the 15th of May, condemning, in

the highest degree, the transactions complained against, and assuring the British Minister that the United States would take the most effectual measures to prevent their repetition. Mr. Genet reached Philadelphia the next day. His progress through the country had been triumphal; and he was received at Philadelphia amidst the plaudits and acclamations of the people. On his presentation to the President, he assured him that on account of the remote situation of the United States, and other circumstances, France did not expect them to become a party in the war, but wished to see them preserve their prosperity and happiness in peace. But in a conference with the Secretary of State, soon after his reception, he alluded to his proceedings at Charleston, and expressed a hope that the President had not absolutely decided against them. He added, that he would write the Secretary a note, justifying his conduct under the treaty between the two nations; but if the President should finally. determine otherwise, he must submit, as his instructions enjoined him to do what was agreeable to the Americans.

In pursuance of his intimation, he addressed a letter to the Secretary of State, on the 27th of May, in which it appeared that he was far from possessing a disposition to acquiesce in the decisions of the government. This letter laid the foundation of a correspondence, which is confessedly unparalleled in the annals of diplomacy. The communications of Mr. Jefferson embody a complete system of national law, as applicable to the rights and obligations of neutral nations, and present an invaluable commentary on the logic and the legal interpretation of treaties. For elegance and dignity of composition, for coolness and energy of reasoning, for the godlike chastity of purpose, with which they repelled the glowing and seductive appeals of a beloved and persecuted nation, and above all, for that more than Roman firmness with which they resisted the torrent of sympathetic enthusiasm which poured from the hearts of his own countrymen, these papers will forever remain a monument to the genius, wisdom, and self-denying patriotism of the author. They embrace in themselves a volume of the American State-papers; and a mere outline of them, would exceed the limits prescrib ed to this. Aside from their momentous appliancy to the occasion, they derive additional importance from the consideration, that they formed the commencement, and the true exposition of that system of policy to which the United States have inflexibly adhered, through

every season in which the warring Powers of the earth have placed them in the predicament of a neutral nation. As a circumstance of some curiosity, if not of some weight, it might be added, that Mr. Jefferson's controversy with Genet, was the first of two transactions only in his political life, which received the open and avowed approbation of the federalists as a party.

'The communications of Genet, on the other hand, were a tissue of inflammatory declamation, and indignity. To the reasonings of Mr. Jefferson on the obligations of the United States, to observe an impartial neutrality towards all the belligerent parties, he applied the epithet of "diplomatic subtelties.". And when he sustained the principles advanced by him, by quotations from Vattel, and other approved jurisconsults, Genet called them "the aphorisms of Vattel," &c. "You oppose," said he, "to my complaints, to my just reclamations, upon the footing of right, the private or public opinion of the President of the United States; and this egis not appearing to you sufficient, you bring forward aphorisms of Vattel, to justify or excuse infractions committed on positive treaties." And he added, "do not punish the brave individuals of your nation who arrange themselves under our banner, knowing perfectly well, that no law of the United States gives to the government the sole power of arresting their zeal, by acts of rigor. The Americans are free; they are not attached to the glebe, like the slaves of Russia; they may change their situation when they please, and by accepting at this moment the succor of their arms in the habit of trampling on tyrants, we do not commit the plagiat of which you speak. The true robbery, the true crime would be to enchain the courage of these good citizens, of these sincere friends of the best of causes." At other times he would address himself to the political feelings of Mr. Jefferson himself, whom he had been induced to consider his personal friend, and who, he said, "had initiated him into mysteries which had inflamed his hatred against all those who aspire to an absolute power."

During the whole time, also, Mr. Genet was industriously engaged in disseminating seditious addresses among the people, and attempting, by every means in his power, to inflame their passions, already sufficiently excited, and induce them to arise in arms against the enemies of France. What an ungenerous moment