1793.]

RELATIONS WITH FRANCE.

515

ing her voyage, even though bloodshed had been the consequence, yet when the temper of the popular mind, so strongly inclined to take sides with France, is considered, and that disaffection to the Government had now manifested itself in the western part of Pennsylvania by an open resistance to the laws, it was probably the wiser course not further to excite the popular feeling, especially as it might increase the suspicions of the leaning of the administration against France, and in favor of Great Britain; and so far lessen its weight and efficiency at the time they were most needed. That force was not resorted to for the purpose of preventing the departure of "The Little Democrat," is expressly ascribed “to the forbearance of the Government," in an official letter subsequently written by Mr. Jefferson to Mr. Morris, the American Minister in France.

The Judges of the Supreme Court having declined to answer the queries put by the Executive, as out of the sphere of their judicial duties, which were limited to cases of legal controversy, it was decided in the Cabinet to lay down the rules to be observed towards the vessels of the belligerents in the ports of the United States; which rules were carefully framed in accordance with the received doctrines of international law relative to the duties of neutrals, slightly modified by the treaty between the United States and France.

The popular sentiment in favor of France continued to gain strength in America by the new aliment which it was constantly receiving from that focus of political zeal, and by the fervid appeals of citizen Genet, encouraged as they were by those presses which most had the favor and confidence of the people. Among other complaints against the administration, the proclamation of neutrality, which had obtained the sanction of Jefferson

516

HAMILTON AND MADISON.

[CHAP. VII.

and Randolph, began now to be openly assailed, not only as manifesting an unfriendly disposition towards France, but as transcending the constitutional powers of the Executive.

Mr. Hamilton, in a series of papers in Fenno's journal, maintained the wisdom and legality of the proclamation. To these papers, which were signed Pacificus, Mr. Madison replied in another series, in Freneau's paper, under the signature of Helvidius. Their pens, which five or six years before had so cordially co-operated in recommending the new Constitution of the United States to the adoption of the American people, were now in conflict on the construction of that instrument; and these eminent statesmen never afterwards concurred on any great question, except perhaps in giving the preference to Jefferson over Aaron Burr, for the Presidency.

Mr. Madison confined his objections to the constitutionality of the proclamation; and now that the passions which animated the parties at the time have almost passed away, we may venture to assert that though the powers assumed by the President of giving his opinion on a point which it belonged exclusively to Congress to decide, could lead to no serious mischief, but, on the contrary, that its admonition to the American citizen to observe the duties of neutrality might be seasonable and useful, it will scarcely be disputed by jurists that Mr. Madison's exposition of this part of the Constitution is sounder than those of his ingenious adversary, and more in accordance with the true theory of this government.

Mr. Genet continued to assail the administration with applications and complaints-applications as inadmissible as the complaints were unfounded. He had, from the first, in his correspondence with the Secretary of

1793.]

GENET'S RECALL DEMANDED.

517

State, insisted on the right of France to arm vessels in the American ports, by the twenty-second article of the treaty, and "under the general sense and usage of mankind," notwithstanding "the diplomatic subtleties and aphorisms of Vattel," on no better ground than that such right of arming had been positively forbidden to other nations, while it had been neither forbidden nor granted to France. He insisted that the United States should vindicate their rights, according to his construction of the law of nations, and to fail in this was to be faithless to France. Not content with thus indecorously remonstrating against the conduct of the administration, he assailed their motives, and that too in a tone of undis guised insolence and contumacy.

Mr. Jefferson's part of the correspondence was at once temperate, dignified, and firm. At length the government, finding no other course consistent with its selfrespect, insisted on the Minister's recall; but to avoid offence to France, a full detail of his conduct here, and a justification of the course pursued by the United States, were sent to their Minister, Mr. Gouverneur Morris.

1

Genet was accordingly ordered home, but before he left the United States, the Gironde party, to which he belonged, had been overthrown; and he deemed it prudent to remain in the United States, where he soon afterwards married, and in unobtrusive quiet passed the remainder of his life.

Among other instances of this Minister's mischievous intermeddling was his intrigue with some malcontents in Kentucky to take possession of New Orleans. The plan seems to have been formed in August, and in November he despatched four agents to that State to enlist men, and to take measures for the projected expedition. George Rogers Clarke, who distinguished himself in the Revolu

518

GENET RECALLED.

[CHAP. VII. tion, issued proposals for raising troops, on which occasion he styled himself Major-General of the armies of France, and Commander-in-chief of the revolutionary legions on the Mississippi. The project was defeated by the timely interposition of the General government, which, by proclamation, warned the people of the West of the scheme, and gave orders to General Wayne to suppress it even by force, if necessary.

Before the recall of Genet had been decided on, the Cabinet differed about the propriety of making an appeal to the American people, by laying before them the whole of this Minister's extraordinary and offensive correspondence with the State department. Mr. Hamilton was decidedly in favor of the appeal. Messrs. Jefferson and Randolph opposed it, as more likely to do harm than good, by making both Genet and his supporters more violent, and by causing the President, who had hitherto preserved a character for impartiality, to be regarded as the head of a party; and because Genet would be sure to make a similar appeal; in which case the affair would assume the character of a contest between the President and a foreign Minister. The President finding his Cabinet thus divided, suspended his decision, or rather decided on not making the appeal.

It was then proposed to send away Genet, but this being opposed by Randolph, the President suspended the decision of that question also. He, however, after some days, himself proposed it, but it was then objected to by Mr. Jefferson, as a measure generally leading to war; and because the United States would thereby make an enemy of the only nation which was sincerely their friend that it was unnecessary, as they might hourly look for his recall; and lastly, that Genet might refuse to obey the order. No decision was made on this ques

1793.]

BRITISH PROVISION ORDER.

519

tion, in accordance with what seems to have been General Washington's uniform course when his Cabinet was equally divided.

While the Government was thus harassed and insulted by the rashness and presumption of the Minister from France, the course of events then passing in Europe was tending to involve them in a dispute with Great Britain.

In consequence of the failure of the harvest of 1792 in a great part of France, she required large importations of grain from other countries, and it being known that supplies could be obtained from the United States in greater abundance and on better terms than from any other country, both by reason of their numerous shipping and of their neutral character, Great Britain determined. to use her naval power to prevent those supplies. She accordingly, in June, 1793, gave instructions to her armed ships to detain all vessels bound to France with provisions, and to send them into the most convenient port, that their cargoes might be purchased by the British Government: they were also required to seize all ships attempting to enter ports declared to be blockaded, except those of Denmark and Sweden, on their first attempt; and that all vessels which appeared to be bound to such ports should be admonished to proceed to other ports; but if they continued their course with their first view, they should be condemned, as also all vessels which had sailed for a blockaded port, after the declaration of blockade had been known in the country from which they had sailed.

Mr. Jefferson, in September, wrote to Mr. Pinckney, the American Minister in London, to urge a revocation of this order in council, as contrary to the law of nations, and to require indemnification for the losses sustained under it by American citizens.