the granting military commissions within the United States by any other authority than their own, is an infringement on their sovereignty, and particularly so when granted to their own citizens to lead them to act contrary to the duties they owe to their own country; that the departure of vessels thus illegally equipped from the ports of the United States will be but an acknowledgment of respect analogous to the breach of it, while it is necessary on their part, as an evidence of their faithful neutrality. On these considerations, sir, the President thinks that the United States owe it to themselves and to the nations in their friendship, to expect this out of reparation on the part of vessels marked in their very equipment with offense to the laws of the land, of which the law of nations makes an integral part.

"The expressions of friendly sentiment which we have already had the satisfaction of receiving from you, leave no room to doubt that the conclusion of the President being thus made known to you, these vessels will be permitted to give no further umbrage by their presence in the ports of the United States.

"I have, &c.,

Mr. Jefferson to Mr. Hammond.

"T. JEFFERSON."

"PHILADELPHIA, June 5, 1793.

"SIR: In the letter which I had the honor of writing you on the 15th of May, in answer to your several memorials of the 8th of that month, I mentioned that the Presi dent reserved for further consideration a part of the one which related to the equipment of two privateers in the port of Charleston. The part alluded to was that wherein you express your confidence that the executive government of the United States would pursue measures for repressing such practices in future, and for restoring to their rightful owners any captures which such privateers might bring into the ports of the United States.

"The President, after a full investigation of this subject and the most mature consideration, has charged me to communicate to you that the first part of this application is found to be just, and that effectual measures are taken for preventing repetitions of the act therein complained of; but that the latter part, desiring restitution of the prizes, is understood to be inconsistent with the rules which govern such cases, and would, therefore, be unjustifiable towards the other party.

"The principal agents in this transaction were French citizens. Being within the United States at the moment a war broke out between their own and another country, they determined to go into its defense; they purchase, arm, and equip a vessel with their own money, man it themselves, receive a regular commission from their nation, depart out of the United States, and then commence hostilities by capturing a vessel. If, under these circumstances, the commission of the captors was valid, the property according to the laws of war was by the capture transferred to them, and it would be an aggression on their nation for the United States to rescue it from them, whether on the high seas or on coming into their ports. If the commission was not valid, and conse quently the property not transferred by the laws of war to the captors, then the case would have been cognizable in our courts of admiralty, and the owners might have gone thither for redress. So that on neither supposition would the Executive be justifiable in interposing.

"With respect to the United States, the transaction can in no wise be imputed to them. It was in the first moment of the war, in one of their most distant ports, before measures could be provided by the government to meet all the cases which such a state of things was to produce, impossible to have been known, and therefore impossible to have been prevented by that government.

"The moment it was known the most energetic orders were sent to every State and port in the Union to prevent a repetition of the accident. On a suggestion that citizens of the United States had taken part in the act, one who was designated was instantly committed to prison for prosecution; one or two others have been since named and committed in like manner; and should it appear that there were still others, no measures will be spared to bring them to justice. The President has even gone further. He has required, as a reparation of their breach of respect to the United States, that the vessels so armed and equipped shall depart from our ports.

"You will see, sir, in these proceedings of the President unequivocal proofs of the line of strict right which he means to pursue. The measures now mentioned are taken in justice to the one party; the ulterior measure of seizing and restoring the prizes is declined in justice to the other, and the evil thus early arrested will be of very limited effect; perhaps, indeed, soon disappear altogether. "I have, &c.,

Tucker, vol. i,

p. 513.

"TH. JEFFERSON."

Shortly afterwards a case occurred in which M. Genet openly defied the authority of the government. An English letter of marque, the Little Sarah, had been captured by a French frigate and sent into Phila delphia, where she was fitted out as a privateer under the name of the Little Democrat.

American State

163.

1793.

M. Genet was applied to to stop this vessel from sailing, but he refused to interfere, and said that force would be repelled by force. A detachment of 120 militia were sent to guard the vessel, but on M. Genet entering into an implied engagement that the vessel should not leave the river, they were withdrawn. The President then determined to submit to the judges a series of questions upon the points at issue between the government and M. Genet, and requested the latter to Papers, vol. i, p. detain the Little Democrat, the ships Jane and William, in the Delaware, the Citoyen Genet, and her two prizes, the Lovely Lass and Mr. Jefferson to Prince William Henry, and the brig Fanny, in the Chesapeake, until Genet, July 12, the opinion of the judges could be ascertained. The Little Democrat sailed four or five days after this, while the judges 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. The cabinet accordingly decided to lay down certain rules to be observed towards belligerents in the ports of the United States. These rules were carefully framed in accordance with the received doctrines of international law, slightly modified by the treaty between the United States and France, and were communicated to the collectors of customs with the following circular:

Tucker, vol. i,

p. 515.

Instructions to the collectors of customs.

"PHILADELPHIA, August 4, 1793.

"SIR: It appearing that repeated contraventions of our neutrality Mr. Hamilton to laws have taken place in the ports of the United States, without hav- the collectors of ing been discovered in time for prevention or remedy, I have it in com- 1793. customs; Aug. 4, mand from the President to address to the collectors of the respective districts a particular instruction on the subject.

American State Papers. vol. i, p.

"It is expected that the officers of customs in each district will, in 141. the course of their official functions, have a vigilant eye upon whatever may be passing within the ports, harbors, creeks, inlets, and waters of such district, of a nature to contravene the laws of neutrality, and upon discovery of anything of the kind, will give immediate notice to the governor of the State, and to the attorney of the judicial district comprehending the district of the customs within which any such contravention may happen.

"To assist the judgment of the officers on this head, I transmit herewith a schedule of rules concerning sundry particulars which have been adopted by the President, as deductions from the laws of neutrality, established and received among nations. Whatever shall be contrary to these rules will, of course, be to be notified as above mentioned.

"There are some points which, pursuant to our treaties, and the determination of the Executive, I ought to notice to you.

"If any vessel of the powers at war with France should bring or send within your district a prize made of the subjects, people, or property of France, it is immediately to be notified to the governor of the State, in order that measures may be taken, pursuant to the 17th article of the treaty with France, to oblige such vessel and her prize, or such prize, when sent in without the capturing vessel, to depart.

"No privateer of any of the powers at war with France, coming within a district of the United States, can, by the 22d article of our treaty with France, enjoy any other privilege than that of purchasing such victuals as shall be necessary for her going to the next port of the prince or state from which she has her commission. If she should do anything besides this, it is immediately to be reported to the governor, and the attorney of the district. You will observe by the rules transmitted, that the term privateer is understood not to extend to vessels armed, for merchandise and war, commonly called with us letters of marque, nor, of course, to vessels of war in the immediate service of the government of either of the powers at war.

"No armed vessel which has been or shall be originally fitted out in any port of the United States, by either of the parties at war, is henceforth to have asylum in any district of the United States. If any such armed vessel shall appear within your district she is immediately to be notified to the governor and to the attorney of the district, which is also to be done in respect to any prize that such armed vessel shall bring or send in. At foot is a list of such armed vessels of the above description as have hitherto come to the knowledge of the Executive.

"The purchasing within and exporting from the United States, by way of merchandise, articles commonly called contraband, being generally warlike instruments and military stores, is free to all the parties at war, and is not to be interfered with. If our own citizens undertake to carry them to any of the parties, they will be abandoned to the penalties which the laws of war authorize.

"You will be particularly careful to observe, and to notify as directed in other instances, the case of any citizen of the United States who shall be found in the service of either of the parties at war.

"In case any vessel shall be found in the act of contravening any of the rules or prin

ciples which are the ground of this instruction, she is to be refused a clearance until she shall have complied with what the governor shall have decided in reference to her. Care, however, is to be taken in this, not unnecessarily or unreasonably to embarrass trade or to vex any of the parties concerned.

"In order that contraventions may be the better ascertained, it is desired that the officer who shall first go on board any vessel arriving within your district shall make an accurate survey of her then condition as to military equipment to be forthwith reported to you; and that prior to her clearance a like survey be made, that any transgression of the rules laid down may be ascertained.

"But, as the propriety of any such inspection of a vessel of war in the immediate survey of the government of a foreign nation is not without question in reference to the usage of nations, no attempt is to be made to inspect any such vessel till further orders on the point.

"The President desires me to signify to you his most particular expectation that the instructions contained in this letter will be executed with the greatest vigilance, care, activity and impartiality. Omissions will tend to expose the government to serious imputations and suspicions, and proportionably to commit the good faith and peace of the country, objects of too much importance not to engage every proper exertion of your zeal.

"With consideration, I am, sir, &c.,

"ALEXANDER HAMILTON."

"1. The original arming and equipping of vessels in the ports of the United States by any of the belligerent parties for military service, offensive or defensive, is deemed unlawful.

"2. Equipments of merchant vessels by either of the belligerent parties in the ports of the United States, purely for the accommodation of them as such, is deemed lawful. "3. Equipments in the ports of the United States of vessels of war in the immediate service of the government of any of the belligerent parties, which, if done to other vessels, would be of a doubtful nature, as being applicable either to commerce or war, are deemed lawful; except those which shall have made prize of the subjects, people, or property of France, coming with their prizes into the ports of the United States, pursuant to the XVIIth article of our treaty of amity and commerce with France.

"4. Equipments in the ports of the United States, by any of the parties at war with France, of vessels fitted for merchandise and war, whether with or without commissions, which are doubtful in their nature, as being applicable either to commerce or war, are deemed lawful, except those which shall have made prize, &c.

"5. Equipments of any of the vessels of France, in the ports of the United States, which are doubtful in their nature as being applicable to commerce or war, are deemed lawful.

"6. Equipments of every kind, in the ports of the United States, of privateers of the powers at war with France, are deemed unlawful.

"7. Equipments of vessels in the ports of the United States, which are of a nature solely adapted to war, are deemed unlawful; except those stranded or wrecked, as mentioned in the XVIIIth article of our treaty with France, the XVIth of our treaty with the United Netherlands, the XVIIIth of our treaty with Prussia.

"8. Vessels of either of the parties not armed, or armed previous to their coming into the ports of the United States, which shall not have infringed any of the foregoing rules, may lawfully engage or enlist their own subjects or citizens, not being inhabitants of the United States, except privateers of the powers at war with France, and except those vessels which have made prizes, &c."

167.

American State On the 7th of August Mr. Jefferson wrote to M. Genet, stating that Papers, vol. i, page the President had decided that compensation or restitution should be made in the case of vessels brought into United States ports as prizes by privateers fitted out in such ports since the 5th of June, and consequently called on him to restore these prizes, as otherwise the government of France would be considered liable for the repayment of the compensation paid to the persons aggrieved. Mr. Jefferson adds, "that besides taking efficacious measures to prevent the future fitting out of privateers in the ports of the United States, they will not give asylum therein to any which shall have been at any time so fitted out, and will cause restitution of all such prizes as shall be hereafter brought within their ports by any of the said privateers." Mr. Hammond was also informed of this decision of the President:

dispatch to Lord

Mr. Jefferson to Mr. Hammond.

"PHILADELPHIA, August 7, 1793.

"SIR: A constant expectation of carrying into full effect the declaraMS. inclosure tion of the President against permitting the armament of vessels within in Mr.Hammond's the ports of the United States to cruise on nations with which they are Grenville August at peace, has hitherto prevented me giving you a final answer on the subject of such vessels and their prizes. Measures to this effect are still taking, and particularly for excluding from all further asylum in our

10, 1793.

ports the vessels so armed and for the restoration of the prizes the Lively Lass, the Prince William Henry, and the Jane of Dublin, taken by them; and I am authorized in the meantime to assure you that should the measures for restoration fail in their effect, the President considers it as incumbent upon the United States to make compensation for the vessels.

"I have, &c.,

"T. JEFFERSON."

ted States minis

The affair of the Little Democrat, in which the government was thus Mr. Jefferson to "insulted and set at defiance by M. Genet," determined them on asking Mr. Morris, Unifor his recall; and the United States minister at Paris was accordingly ter at Paris, Auinstructed, on the 16th of August, to represent to the French govern- gust 16, 1793. ment that if M. Genet persevered in his proceedings the United States American State government would "be forced even to suspend his functions before a Papers, vol. i, page successor could arrive to continue them."

167.

M. Genet to Mr. Jefferson; June 1,

M. Genet seems to have tried to test the neutrality of the United States government on every point. He maintained the right of the French government not only to issue commissions and to equip vessels, but also openly to man their privateers in American ports. Two seamen, named Henfield and Singletary, were arrested on board the Citizen Genet at Philadelphia, for having enlisted in the French service. M. Genet remonstrated in his usual bombastic style, demanding their immediate release. This was refused, and Henfield brought to trial. The jury, however, acquitted him on the plea of his having been ignorant of hav- 1793. ing committed an offense in taking service in a French privateer. M. Genet also engaged in an intrigue for the seizure of New Orleans by American State some malcontents in Kentucky. In short, he managed, during the few Papers, vol. i, page months he remained the representative of France, to damage the interests of his country in every conceivable way; while the temperate remonstrances of the English minister afforded a contrast to these exaggerated pretensions, and served to confirm the President in his pages 517 and 518. policy of neutrality and to influence the cabinet in favor of England.

151.

Tucker, vol. i,

Certain prizes having been brought in by vessels fitted out after the MS. inclosure 5th of June as well as those brought in by vessels fitted out before that in Mr. Hamdate, of which restitution had already been refused, Mr. Hammond mond's dispatch wrote on the 30th of August to Mr. Jefferson requesting to be informed to Lord Grenville of the precise intentions of the government respecting the restoration of her, trof Sepof prizes.

tember, 1793.

Mr. Hammond says: "I understand that all captures made subsequently to the 5th of June, and antecedently to the 7th of August, by any vessel fitted out, armed and equipped in the ports of the United States, are either to be restored to the captors, or a compensation for their full value is to be paid to their owners by the government of the United States, and that all prizes made by vessels of this description subsequently to the 7th of August are to be seized, and immediately restored by the government of the United States, or if the restitution cannot be effected, a compensation for their full value is to be paid in the same manner as in the former case." Mr. Jefferson replied on the 5th of September:

"PHILADELPHIA, September 5, 1793. "SIR: I am honored with yours of August 30. Mine of the 7th of that month assured you that measures were taken for excluding from all further asylum in our ports vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes the Lovely Lass, Prince William Henry, and the Jane, of Dublin, and that should the measures for restitution fail in their effect, the President considered it as incumbent on the United States to make compensation for the vessels. "We are bound by our treaties with three of the belligerent nations, by all the means in our power, to protect and defend their vessels and effects in our ports or waters, or on the seas near our shores, and to recover and restore the same to the right owners when taken from them. If all the means in our power are used, and fail in their effect, we are not bound by our treaties with those nations to make compensation.

"Though we have no similar treaty with Great Britain, it was the opinion of the President that we should use towards that nation the same rule which, under this artiele, was to govern us with the other nations, and even to extend it to captures made on the high seas, and brought into our ports, if done by vessels which had been armed within them.

"Having, for particular reasons, forbore to use all the means in our power for the restitution of the three vessels mentioned in my letter of August 7, the President thought it incumbent on the United States to make compensation for them; and though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of June, and before the date of that letter, yet, when the same forbearance had taken place, it was and is his opinion that compensation would be equally due.

"As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail, as we should not be bound by our treaties to make compensation to the other powers, in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States.

"Instructions are given to the governors of the different States to use all the means in their power for restoring prizes of this last description found within their ports. Though they will, of course, take measures to be informed of them, and the general government has given them the aid of the custom-house officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself or any person under your direction, in order that the governors may use the means in their power for making restitution. Without knowledge of the capture, they cannot restore it. It will always be best to give the notice to them directly; but any information which you shall be pleased to send to me also, at any time, shall be forwarded to them as quickly as distance will permit. "Hence you will perceive, sir, that the President contemplates restitution or compensation in the cases before the 7th of August, and after that date, restitution, if it can be effected by any means in our power, and that it will be important that you should substantiate the fact that such prizes are in our ports or waters.

"Your list of the privateers illicitly armed in our ports is, I believe, correct. "With respect to losses by detention, waste, spoliation, sustained by vessels taken as before mentioned, between the dates of the 5th June and the 7th August, it is proposed as a provisional measure that the collector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the time of her capture, and of her arrival in the port into which she is brought, according to their value in that port.

"If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly to the collectors of the customs where the respective vessels are.

"I have, &c.,

(Signed)

"TH. JEFFERSON."

This letter was appended to the treaty of the 19th of November, 1794. The particular reasons referred to were the unwillingness of the Paper, vol. i, P. teers by force. Hertslett's State United States government to oppose the sailing of the French priva

801.

Mr. Jefferson to The result of the publication of the rules of the 4th August was that Mr. Morris; Au- the system of privateering was, generally speaking, suppressed, though cases seem to have occurred until the arrival of M. Genet's successor in American State February, 1794, who disavowed his acts, and recalled the commissions Papers, vol. i. P. he had granted to privateers.

gust 16, 1793.

167.

It must be remembered that the United States did not possess any navy at this time, the construction of a naval force not being carried out until 1794; so that even if the government wished to stop a privateer, they could only do so by employing militia to board her, unless she happened to be lying under the guns of a fort.

In October, M. Duplaine, the French vice-consul at Boston, having rescued by force a suspected vessel which had been seized by the marshal, the United States government withdrew his exequatur.

Congress met on the 3d of December, and in his address the President spoke of the measures adopted for the preservation of neutrality, and the necessity for legislation on the subject in the following terms: "As soon as the war in Europe had embraced those powers with American State whom the United States have the most extensive relations, there was Papers, vol. i, p. reason to apprehend that our intercourse with them might be interrupted, and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations." "In this posture of

21.

*

affairs, both new and delicate, I resolved to adopt general rules which should conform to the treaties and assert the privileges of the United States." "Although I have not thought myself at liberty to forbid the sale of prizes permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory or by vessels commissioned or equipped in warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure, and it will probably be found expedient to extend the legal code and the jurisdiction of the courts of the United States to many cases which, though dependent on principles already recognized, demand some further provisions.

"Where individuals shall within the United States array themselves in hostility