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[CHAP. IV. bosom of the United States, the interests, the rights and the dignity of the French nation, which persons, on whom time would do" it "justice, were laboring secretly to misrepresent."

On the 17th, the Secretary of State answered the French Minister's letter of the 8th, and so much of that of the 14th as pertained to the stopping of a French arnied vessel at New York. He stated that the latter vessel (the Polly, rechristened the Republican) was fitted out, armed and manned in the port of New York, for the express purpose of cruising against nations with whom the United States were at peace; and that being on the point of departure, she was seized by the Governor of the State, on the orders previously dispatched by the Government to all the States of the Union to prevent violations of our neutrality. The transaction being reported to the President, orders had been immediately sent to deliver the vessel and crew to "the tribunals of the country, that if the act was of those forbidden by the law, it might be punished; if it was not forbidden [that] it might be so declared, and all persons apprised of what they might or might not do." In answer to the assertion that France was authorized by treaties to fit out armed vessels in American ports, he said:

"None of the engagements in our treaties stipulate this permission. The 17th article of that of commerce permits the armed vessels of either party to enter the ports of the other, and to depart with their prizes freely: but the entry of an armed vessel into a port is one act; the equipping a vessel in that port, arming her, manning her, is a different one and not engaged by any article of the treaty. You think, sir, that this opinion is also contrary to the law of nature and usage of nations. We are of opinion it is dictated by that law and usage; and this had been very maturely inquired into before it was adopted as a principle of conduct. But we will not assume the exclusive right of saying what that law and usage is."

After quoting from Vattel to sustain his position, the Secre tary added:

"The testimony of these and other writers on the law and usage of nations, with your own just reflections on them, will satisfy you that the United States, in prohibiting all the belligerent Powers from equipping, arming, and manning vessels of war in their ports, have exercised a right and a duty, with justice and with great moderation. By our treaties with several of the belligerent Powers, which are a part of the laws of our land, we have established a style of peace with them. But without appealing to treaties, we are at peace with them all by the law of nature; for, by nature's law, man is at peace with man, till some aggression is committed, which, by the same law, authorizes one to destroy another as his enemy. For our

CHAP. IV.]

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155

citizens, then, to commit murders and depredations on the members of nations at peace with us. or to combine to do it, appeared to the Executive, and to those whom they consulted, as much against the laws of the land, as to murder or rob, or combine to murder or rob, its own citizens; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only; this being an appropriate part of each nation, on an element where all have a common jurisdiction. So say our laws, as we understand them ourselves. To them the appeal is made; and whether we have construed them well or ill, the constitutional judges will decide. Till that decision shall be obtained, the Government of the United States must pursue what they think right, with firmness, as is their duty."

On the 18th, the French Minister communicated to the Secretary of State that he should be under the necessity of stopping the payment of drafts drawn by the administration of St. Domingo, in favor of citizens of the United States who had furnished provisions, etc., on the supposition that four millions. of the debt of the latter to France had been specially appropriated for the payment of such drafts, by terms of the arrangement between M. de Ternant and their Government.' Genet stated the bills would be certainly ultimately paid, but that no official decree having been issued by his Government for such an application of its funds by himself, and being disappointed in obtaining another prepayment, he felt constrained "to obey only the empire of circumstances," and apply the moneys intended for the payment of the colonial drafts to the purchase of provisions for France and her colonies. He said he had determined to issue a notice in the papers to calm the fears of the holders of the drafts which he was compelled to temporarily set aside, and to encourage the citizens of the United States "to carry succor to their brothers, the French republicans of the Antilles, whose fate depended on this generous act; without which the French colonies would be reduced by famine, to put themselves under a government [England] whose commercial principles would not assuredly be so advantageous to the United States." He inclosed a copy of his proposed notice.

On the 22d he replied to the Secretary's communication of the 17th. His anger overboiled. He said:

"Discussions are short, when matters are taken upon their true principles. Let us explain ourselves as republicans. Let us not lower ourselves to the level of

At the time the United States consented to the prepayment of some installments of the French loan, at the solicitation of De Ternant, as already recorded.

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[CHAP. IV.

ancient politics by diplomatic subtleties. Let us be as frank in our overtures, in our declarations, as our two nations are in their affections; and by this plain and sincere conduct arrive at the object by the shortest way. All the reasonings, sir, contained in the letter you did me the honor to write me the 17th of this month, are extremely ingenious; but I do not hesitate to tell you, that they rest on a basis which I cannot admit. You oppose to my complaints, to my just reclamations, upon the footing of right, the private or public opinions of the President of the United States; and this ægis not appearing to you sufficient, you bring forward aphorisms of Vattel, to justify or excuse infractions committed on positive treaties. Sir, this conduct is not like ours.

*

I cannot

"It is not thus that the American people wish we should be treated. suppose, and I wish to believe, that the measures of this nature were not conceived in the heart of General Washington-of that celebrated hero of liberty. I can attribute them only to extraneous impressions over which time and truth will triumph."

He reiterated that the 22d Article of the Treaty of Commerce between France and America did expressly authorize the former to arm in the ports of the latter, and interdict that privilege to every other nation; and he continued:

"If you cannot protect our commerce, and our colonies, which will, in future, contribute much more to your prosperity than to our own, at least do not arrest the civism of our own citizens; do not expose them to a certain loss, by obliging them to go out of your ports unarmed. 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 sad 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."

To the French Minister's annunciation of the 18th, in regard to the payment of the colonial drafts, the Secretary of State replied in a very brief 'note, on the 23d, that he was instructed to say that the United States Government could not recognize the propriety of the proposed step; and that if it was taken, the Government of the United States had itself so far countenanced contrary expectations, that it should hold itself under obligation to satisfy the remaining claims of its citizens.

The Secretary informed the French Minister by another letter, the same day, that an English privateer, fitted out in Georgia, had been seized by the State authorities, and delivered to the legal tribunals.

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157

The Minister (June 25th) returned his thanks, and complained that "many enemy's vessels" had been armed, had entered armed, remained in and gone out armed, of the ports of Charleston, Baltimore, Philadelphia, and New York, contrary to treaty stipulations with France; and he forwarded specifications and testimony of these facts.

The President left Philadelphia for Mount Vernon on the 23d of June, on account of the death of his manager.

Mr. Jefferson wrote to Colonel Monroe on the 28th:

"I do not augur well of the mode of conduct of the new French Minister; I fear he will enlarge the evils of those disaffected to his country. I am doing everything in my power to moderate the impetuosity of his movements, and to destroy the dangerous opinions which have been excited in him, that the people of the United States will disavow the acts of their Government, and that he has an appeal from the Executive to Congress, and from both to the people."

Some other correspondence took place between the Secretary of State and the French Minister, but none requiring our notice prior to the serious occurrences which are now to be recorded.

The French frigate Embuscade had captured a British. armed vessel called the Little Sarah, of four guns, and carried her into Philadelphia. Genet ordered her repaired; added to her armament ten guns from other French vessels in the port; and gave her a commission under the name of the Little Democrat. The Secretary of the Treasury being apprised of her preparations, communicated them to his colleagues, who were present.' The Cabinet concurred in opinion that the Governor of Pennsylvania should be desired to examine the situation of the vessel, to ascertain if the information received was true. Governor Mifflin made the necessary investigations, and reported, July 6th, that in place of her four original guns she now had fourteen on board. The next day (Sunday) the Governor informed the Secretary of State, by an express, that he understood the vessel would sail that day. Mr. Jefferson (who then resided out of the city) repaired immediately to town, where he was informed by Governor Mifflin that he had received his intelligence the night before, and had sent Mr. Dallas' at midnight to the French Minister. Dallas informed

1 Mr. Randolph, the Attorney-General, was absent in Virginia. ▾ Secretary of State of Pennsylvania.

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[CHAP. IV. the Secretary that on his proposing to Genet the subject of detaining the vessel, the latter "flew into a great passion, talked extravagantly, and concluded by refusing to order the vessel to stay."

The Governor had also sent for the Secretary of War, who had not yet arrived; and Mr. Jefferson, in the meantime, went to Genet to speak to him on the subject. After stating to the French Minister the information the Cabinet had received, he requested him to detain the vessel until Wednesday, when the President would arrive, and the matter could be laid before him.

Genet "took up the subject instantly in a very high tone," and for a time proceeded with such volubility, that Jefferson found all efforts "to take some part in the conversation were quite ineffectual." The latter thus subsequently reported the substance of the conversation to the President:

"He charged us with having violated the treaties between the two nations, and so went into the cases which had before been subjects of discussion; complained that we suffered our flag to be insulted and disregarded by the English; that they stopped all our vessels, and took out of them whatever they suspected to be French property; that they had taken all the provisions he had embarked in Americau vessels for the Colonies; that if we were not able to protect their vessels in our ports, nor their property on the high seas, we ought to permit them to protect it themselves; that they, on the contrary, paid the highest respect to our flag; that, though it was notorious that most of the cargoes sent from America were British property, yet, being in American vessels, or pretended American vessels, they never touched it, and thus had no chance of retaliating on their enemies; that he had been thwarted and opposed in everything he had to do with the Government; that he found himself in so disagreeable a situation, that he sometimes thought of packing up and going away, as he found he could not be useful to his nation in anything."

After expatiating on the friendly propositions he had brought from his nation, and affirming that such a return to them ought not to have been made by the Executive without consulting Congress, he declared that on the President's return he would certainly press him to convene Congress. Having got into a more moderate tone, Jefferson now stopped him at the mention of Congress, explained to him the functions of the several departments of the Government, and that all the questions which had arisen between him and it, belonged to the

This and the report of the subsequent interview between Jefferson and Genet will be found in the Minutes of the former in Sparks's Washington, vol. x. p. 536.