State of parties.
Mr. Genet appears to have been prevented from acquiescing in a line of conduct thus deliberately adopted and prudently pursued, by a belief that the sentiments of the people were in direct opposition to the measures of their government. So excessive, and so general, were the demonstrations of enthusiastic devotion to France; so open were their expressions of outrage and hostility towards all the powers at war with that republic; so thin was the veil which covered the chief magistrate from that stream of malignant opprobrium directed against every measure which thwarted the views of Mr. Genet; that a person less sanguine than that minister might have cherished the hope of being able ultimately to triumph over the opposition to his designs. Civic festivals, and other public assemblages of people, at which the ensigns of France were displayed in union with those of America; at which the red cap, as a symbol of French liberty and fraternity, triumphantly passed from head to head; at which toasts were given expressive of a desire to identify the people of America with those of France; and, under the imposing guise of adhering to principles not to men, containing allusions to the influence of the President which could not be mistaken; appeared to Mr. Genet to indicate a temper extremely favourable to his hopes, and very different from that which would be required for the preservation of an honest neutrality. Through the medium of the press, these sentiments were communicated to the public, and were represented as flowing from the hearts of the great body of the people. In various other modes, that important engine contributed its powerful aid to the extension of opinions, calculated, essentially, to vary the situation of the United States. The proclamation of neutrality which was treated as a royal edict, was not only considered as assuming powers not belonging to the executive, and, as evidencing the monarchical tendencies of that department, but as demonstrating the disposition of the government to break its connexions with France, and to dissolve the friendship which united the people of the two republics. The declaration that "the duty and interest of the United States required that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial towards the belligerent powers," gave peculiar umbrage. The scenes of the revolutionary war were brought into review; the object and effect of British hostility were painted in glowing colours; and the important aids afforded by France were drawn with a pencil not less animated. That the conduct of Britain, since the treaty of peace had furnished unequivocal testimony of enmity to the United States, was strongly pressed. With this continuing enmity was contrasted the amicable dispositions professed by the French republic; and it was asked with indignation, whether the interests of the United States required that they should pursue "a line of conduct entirely impartial between these two powers? That the services of the one as well as the injuries of the other, should be forgotten? that a friend and an enemy should be treated with equal favour? and that neither gratitude nor resentment should constitute a feature of the American character?" The supposed freedom of the French was opposed to the imagined slavery of the English; and it was demanded whether "the people of America were alike friendly to republicanism and to monarchy? to liberty and to despotism?"
With infectious enthusiasm it was contended, that there was a natural and inveterate hostility between monarchies and republics; that the present combination against France was a combination against liberty in every part of the world; and that the destinies of America were inseparably linked with those of the French republic.
On the various points of controversy which had arisen between the executive and Mr. Genet, this active and powerful party openly and decidedly embraced the principles for which that minister contended. It was assumed that his demands were sanctioned by subsisting treaties, and that his exposition of those instruments was perfectly correct. The conduct of the executive in withholding privileges to which France was said to be entitled by the most solemn engagements, was reprobated with extreme acrimony; was considered as indicative of a desire to join the coalesced despots in their crusade against liberty; and as furnishing to the French republic such just motives for war, that it required all her moderation and forbearance to restrain her from declaring it against the United States.
Mr. Genet was exhorted not to relax in his endeavours to maintain the just rights of his country; and was assured that, in the affections of the people, he would find a firm and certain support.
These principles and opinions derived considerable aid from the labours and intrigues of certain societies, who had constituted themselves the guardians of American liberty.
The manner in which that attention of the conduct of those invested with the power which is essential in balanced governments, may safely be employed, had been so misconceived, that temporary and detached clubs of citizens had occasionally been formed in different parts of the United States, for the avowed purpose of watching the conduct of their rulers. After the adoption of the constitution, some slight use was made, by its enemies, of this weapon; and, in the German Republican Society particularly, many of the most strenuous opponents of the administration were collected.
Democratic societies formed.
The force and power of these institutions had been fully developed, and their efficacy in prostrating existing establishments clearly ascertained by the revolution in France. The increased influence which they derived from corresponding with each other, had been unequivocally demonstrated; and soon after the arrival of Mr. Genet, a democratic society was formed in Philadelphia on the model of the Jacobin club in Paris. An anxious solicitude for the preservation of freedom, the very existence of which was menaced by a "European confederacy transcendent in power and unparalleled in iniquity;" which was endangered also by "the pride of wealth and arrogance of power," displayed within the United States; was the motive assigned for the association. "A constant circulation of useful information, and a liberal communication of republican sentiments, were thought to be the best antidotes to any political poison with which the vital principle of civil liberty might be attacked:" and to give the more extensive operation to their labours, a corresponding committee was appointed, through whom they would communicate with other societies, which might be established on similar principles, throughout the United States.
Faithful to their founder, and true to the real objects of their association, these societies continued, during the term of their existence, to be the resolute champions of all the encroachments attempted by the agents of the French republic on the government of the United States, and the steady defamers of the views and measures of the American executive.
Thus strongly supported, Mr. Genet persisted in his construction of the treaties between the two nations; and, in defiance of the positive determination of the government, continued to act according to that construction.
The President was called to Mount Vernon by urgent business, which detained him less than three weeks; and, in his absence, the heads of departments superintended the execution of those rules which had been previously established.
In this short interval, a circumstance occurred, strongly marking the rashness of the minister of France, and his disrespect to the executive of the United States.
The Little Sarah, an English merchantman, had been captured by a French frigate, and brought into the port of Philadelphia, where she was completely equipped as a privateer, and was just about to sail on a cruise under the name ofle petit Democrat, when the secretary of the treasury communicated her situation to the secretaries of state and of war; in consequence of which, Governor Mifflin was desired to cause an examination of the fact. The warden of the port was directed to institute the proper inquiries; and late in the evening of the sixth of July, he reported her situation, and that she was to sail the next day.
Genet calculates upon the partialities of the American people for France and openly insults their government.
In pursuance of the instructions which had been given by the President, the governor immediately sent Mr. Secretary Dallas for the purpose of prevailing on Mr. Genet to relieve him from the employment of force, by detaining the vessel in port until the arrival of the President, who was then on his way from Mount Vernon. Mr. Dallas communicated this message to the French minister in terms as conciliatory as its nature would permit. On receiving it, he gave a loose to the most extravagant passion. After exclaiming with vehemence against the measure, he complained, in strong terms, and with many angry epithets, of the ill treatment which he had received from some of the officers of the general government, which he contrasted with the cordial attachment that was expressed by the people at large for his nation. He ascribed the conduct of those officers to principles inimical to the cause of France, and of liberty. He insinuated that, by their influence, the President had been misled; and observed with considerable emphasis, that the President was not the sovereign of this country. The powers of peace and war being vested in congress, it belonged to that body to decide those questions growing out of treaties which might involve peace or war; and the President, therefore, ought to have assembled the national legislature before he ventured to issue his proclamation of neutrality, or to prohibit, by his instructions to the state governors, the enjoyment of the particular rights which France claimed under the express stipulations of the treaty of commerce. The executive construction of that treaty was neither just nor obligatory; and he would make no engagement which might be construed into a relinquishment of rights which his constituents deemed indispensable. In the course of this vehement and angry declamation, he spoke of publishing his correspondence with the officers of government, together with a narrative of his proceedings; and said that, although the existing causes would warrant an abrupt departure, his regard for the people of America would induce him to remain here, amidst the insults and disgusts that he daily suffered in his official character from the public officers, until the meeting of congress; and if that body should agree in the opinions and support the measures of the President, he would certainly withdraw, and leave the dispute to be adjusted between the two nations themselves. His attention being again called by Mr. Dallas to the particular subject, he peremptorily refused to enter into any arrangements for suspending the departure of the privateer, and cautioned him against any attempt to seize her, as she belonged to the republic; and, in defence of the honour of her flag, would unquestionably repel force by force.
On receiving the report of Mr. Dallas, Governor Mifflin ordered out one hundred and twenty militia, for the purpose of taking possession of the privateer; and communicated the case, with all its circumstances, to the officers of the executive government. On the succeeding day, Mr. Jefferson waited on Mr. Genet, in the hope of prevailing on him to pledge his word that the privateer should not leave the port until the arrival of the President. The minister was not less intemperate with Mr. Jefferson than he had been with Mr. Dallas. He indulged himself, in a repetition of nearly the same passionate language, and again spoke, with extreme harshness, of the conduct of the executive. He persisted in refusing to make any engagements for the detention of the vessel; and, after his rage had in some degree spent itself, he entreated that no attempt might be made to take possession of her, as her crew was on board, and force would be repelled by force.
He then also said that she was not ready to sail immediately. She would change her position, and fall down the river a small distance on that day; but was not yet ready to sail.
In communicating this conversation to Governor Mifflin, Mr. Jefferson stated his conviction that the privateer would remain in the river until the President should decide on her case; in consequence of which, the governor dismissed the militia, and requested the advice of the heads of departments on the course which it would be proper for him to pursue. Both the governor and Mr. Jefferson stated, that in reporting the conversation between Mr. Genet and himself, Mr. Dallas had said that Mr. Genet threatened, in express terms, "to appeal from the President to the people."
Thus braved and insulted in the very heart of the American empire, the secretaries of the treasury, and of war, were of opinion that it was expedient to take immediate provisional measures for establishing a battery on Mud Island, under cover of a party of militia, with directions, that if the vessel should attempt to depart before the pleasure of the President should be known concerning her, military coercion should be employed to arrest her progress.
The secretary of state dissenting from this opinion, the measure was not adopted. The vessel fell down to Chester before the arrival of the President, and sailed on her cruise before the power of the government could be interposed.
On the 11th of July the President reached Philadelphia, and requested that his cabinet ministers would convene at his house the next day at nine in the morning.
Among the papers placed in his hands by the secretary of state, which required immediate attention, were those which related to the Little Democrat. On reading them, a messenger was immediately despatched for the secretary, but he had retired, indisposed, to his seat in the country. Upon hearing this, the President instantly addressed a letter to him, of which the following is an extract. "What is to be done in the case of the Little Sarah, now at Chester? Is the minister of the French republic to set the acts of this government at defiancewith impunity—and then threaten the executive with an appeal to the people? What must the world think of such conduct? and of the government of the United States in submitting to it?
"These are serious questions—circumstances press for decision;—and as you have had time to consider them, (upon me they come unexpectedly,) I wish to know your opinion upon them even before to-morrow—for the vessel may then be gone."
In answer to this letter, the secretary stated the assurances which had on that day been given to him by Mr. Genet, that the vessel would not sail before the President's decision respecting her should be made. In consequence of this information, immediate coercive measures were suspended; and in the council of the succeeding day it was determined to retain in port all[6]privateers which had been equipped by any of the belligerent powers within the United States. This determination was immediately communicated to Mr. Genet; but, in contempt of it, the Little Democrat proceeded on her cruise.
Inthis, as in every effort made by the executive to maintain the neutrality of the United States, that great party which denominated itself "THE PEOPLE," could perceive only a settled hostility to France and to liberty, a tame subserviency to British policy, and a desire, by provoking France, to engage America in the war, for the purpose of extirpating republican principles.[7]
The administration received strong additional evidence of the difficulty that would attend an adherence to the system which had been commenced, in the acquittal of Gideon Henfield.
A prosecution had been instituted against this person who had enlisted in Charleston on board a French privateer equipped in that port, which had brought her prizes into the port of Philadelphia. This prosecution had been directed under the advice of the attorney general, who was of opinion, that persons of this description were punishable for having violated subsisting treaties, which, by the constitution, are the supreme law of the land; and that they were also indictable at common law, for disturbing the peace of the United States.
It could not be expected that the democratic party would be inattentive to an act so susceptible of misrepresentation. Their papers sounded the alarm; and it was universally asked, "what law had been offended, and under what statute was the indictment supported? Were the American people already prepared to give to a proclamation the force of a legislative act, and to subject themselves to the will of the executive? But if they were already sunk to such a state of degradation, were they to be punished for violating a proclamation which had not been published when the offence was committed, if indeed it could be termed an offence to engage with France, combating for liberty against the combined despots of Europe?"
As the trial approached, a great degree of sensibility was displayed; and the verdict in favour of Henfield was celebrated with extravagant marks of joy and exultation. It bereaved the executive of the strength to be derived from an opinion, that punishment might be legally inflicted on those who should openly violate the rules prescribed for the preservation of neutrality; and exposed that department to the obloquy of having attempted a measure which the laws would not justify.
About this time, a question growing out of the war between France and Britain, the decision of which would materially affect the situation of the United States, was presented to the consideration of the executive.
It will be recollected that during the war which separated America from Britain, the celebrated compact termed thearmed neutralitywas formed in the north of Europe, and announced to the belligerent powers. A willingness to acquiesce in the principles it asserted, one of which was that free bottoms should make free goods, was expressed by the governments engaged in the war, with the single exception of Great Britain. But, however favourably the United States, as a belligerent, might view a principle which would promote the interests of inferior maritime powers, they were not willing, after the termination of hostilities, to enter into engagements for its support which might endanger their future peace; and, in this spirit, instructions were given to their ministers in Europe.
This principle was ingrafted into the treaty of commerce with France; but no stipulation on the subject had been made with England. It followed, that, with France, the character of the bottom was imparted to the cargo; but with Britain, the law of nations was the rule by which the respective rights of the belligerent and neutral were to be decided.
Construing this rule to give security to the goods of a friend in the bottoms of an enemy, and to subject the goods of an enemy to capture in the bottoms of a friend, the British cruisers took French property out of American vessels, and their courts condemned it as lawful prize.
Mr. Genet had remonstrated against the acquiescence of the American executive in this exposition of the law of nations, in such terms as he was accustomed to employ; and on the 9th of July, in the moment of the contest respecting the Little Democrat, he had written a letter demanding an immediate and positive answer to the question, what measures the President had taken, or would take, to cause the American flag to be respected? He observed, that "as the English would continue to carry off, with impunity, French citizens, and French property found on board of American vessels, without embarrassing themselves with the philosophical principles proclaimed by the President of the United States," and as the embarrassing engagements of France deprived her of the privileges of making reprisals at every point, it was necessary for the interests of both nations, quickly to agree on taking other measures.
Not receiving an immediate answer, Mr. Genet, towards the close of July, again addressed the secretary of state on the subject. In this extraordinary letter, after complaining of the insults offered to the American flag by seizing the property of Frenchmen confided to its protection, he added, "your political rights are counted for nothing. In vain do the principles of neutrality establish, that friendly vessels make friendly goods; in vain, sir, does the President of the United States endeavour, by his proclamation, to reclaim the observation of this maxim; in vain does the desire of preserving peace lead to sacrifice the interests of France to that of the moment; in vain does the thirst of riches preponderate over honour in the political balance of America: all this management, all this condescension, all this humility, end in nothing; our enemies laugh at it; and the French, too confident, are punished for having believed that the American nation had a flag, that they had some respect for their laws, some conviction of their strength, and entertained some sentiment of their dignity. It is not possible for me, sir, to paint to you all my sensibility at this scandal which tends to the diminution of your commerce, to the oppression of ours, and to the debasement and vilification of republics. It is for Americans to make known their generous indignation at this outrage; and I must confine myself to demand of you a second time, to inform me of the measures which you have taken, in order to obtain restitution of the property plundered from my fellow citizens, under the protection of your flag. It is from our government they have learnt that the Americans were our allies, that the American nation was sovereign, and that they knew how to make themselves respected. It is then under the very same sanction of the French nation, that they have confided their property and persons to the safeguard of the American flag; and on her, they submit the care of causing those rights to be respected. But if our fellow citizens have been deceived, if you are not in a condition to maintain the sovereignty of your people, speak; we have guaranteed it when slaves, we shall be able to render it formidable, having become freemen."
On the day preceding the date of this offensive letter, the secretary of state had answered that of the 9th of July; and, without noticing the unbecoming style in which the decision of the executive was demanded, had avowed and defended the opinion, that "by the general law of nations, the goods of an enemy found in the vessels of a friend are lawful prize." This fresh insult might therefore be passed over in silence.
While a hope remained that the temperate forbearance of the executive, and the unceasing manifestations of its friendly dispositions towards the French republic, might induce the minister of that nation to respect the rights of the United States, and to abstain from violations of their sovereignty, an anxious solicitude not to impair the harmony which he wished to maintain between the two republics, had restrained the President from adopting those measures respecting Mr. Genet, which the conduct of that gentleman required. He had seen a foreign minister usurp within the territories of the United States some of the most important rights of sovereignty, and persist, after the prohibition of the government, in the exercise of those rights. In asserting this extravagant claim, so incompatible with national independence, the spirit in which it originated had been pursued, and the haughty style of a superior had been substituted for the respectful language of diplomacy. He had seen the same minister undertake to direct the civil government; and to pronounce, in opposition to the decisions of the executive, in what departments of the constitution of the United States had placed certain great national powers. To render this state of things more peculiarly critical and embarrassing, the person most instrumental in producing it, had, from his arrival, thrown himself into the arms of the people, stretched out to receive him; and was emboldened by their favour, to indulge the hope of succeeding in his endeavours, either to overthrow their government, or to bend it to his will. But the full experiment had now been made; and the result was a conviction not to be resisted, that moderation would only invite additional injuries, and that the present insufferable state of things could be terminated only by procuring the removal of the French minister, or by submitting to become, in his hands, the servile instrument of hostility against the enemies of his nation. Information was continually received from every quarter, of fresh aggressions on the principles established by the government; and, while the executive was thus openly disregarded and contemned, the members of the administration were reproached in all the papers of an active and restless opposition, as the violators of the national faith, the partisans of monarchy, and the enemies of liberty and of France.
Theunwearied efforts of that department to preserve that station in which the various treaties in existence had placed the nation, were incessantly calumniated[8]as infractions of those treaties, and ungrateful attempts to force the United States into the war against France.
The judgment of the President was never hastily formed; but, once made up, it was seldom to be shaken. Before the last letter of Mr. Genet was communicated to him, he seems to have determined to take decisive measures respecting that minister.
Rules laid down by the executive in relation to the powers at war within the ports of the United States.The president requests the recall of Genet.
Thatthe course to be pursued might be well considered, the secretary of state was requested to collect all the correspondence with him, to be laid before a cabinet council about to be held for the purpose of adjusting a complete system of rules to be observed by the belligerents in the ports of the United States. These rules were discussed at several meetings, and finally, on the third of August, received the unanimous approbation of the cabinet. They[9]evidence the settled purpose of the executive, faithfully to observe all the national engagements, and honestly to perform the duties of that neutrality in which the war found them, and in which those engagements left them free to remain.
In the case of the minister of the French republic, it was unanimously agreed that a letter should be written to Mr. Morris, the minister of the United States at Paris, stating the conduct of Mr. Genet, resuming the points of difference which had arisen between the government and that gentleman, assigning the reasons for the opinion of the former, desiring the recall of the latter, and directing that this letter, with those which had passed between Mr. Genet and the secretary of state, should be laid before the executive of the French government.
To a full view of the transactions of the executive with Mr. Genet, and an ample justification of its measures, this able diplomatic performance adds assurances of unvarying attachment to France, expressed in such terms of unaffected sensibility, as to render it impossible to suspect the sincerity of the concluding sentiment—"that, after independence and self-government, there was nothing America more sincerely wished than perpetual friendship with them."
An adequate idea of the passion it excited in Mr. Genet, who received the communication in September, at New York, can be produced only by a perusal of his letter addressed, on that occasion, to the secretary of state. The asperity of his language was not confined to the President, whom he still set at defiance, whom he charged with transcending the limits prescribed by the constitution, and of whose accusation before congress he spoke as an act of justice "which the American people, which the French people, which all free people were interested to reclaim:" nor to those "gentlemen who had been painted to him so often as aristocrats, partisans of monarchy, partisans of England, and consequently enemies of the principles which all good Frenchmen had embraced with a religious enthusiasm." Its bitterness was also extended to the secretary of state himself, whom he had been induced to consider as his personal friend, and who had, he said, "initiated him into mysteries which had inflamed his hatred against all those who aspire to an absolute power."
During these deliberations, Mr. Genet was received in New York with the same remarks of partiality to his nation, and of flattering regard to himself, which had been exhibited in the more southern states. At this place too, he manifested the same desire to encourage discontent at the conduct of the government, and to embark America in the quarrel, by impressing an opinion that the existence of liberty depended on the success of the French republic, which he had uniformly avowed. In answer to an address from the republican citizens of New York, who had spoken of the proclamation of neutrality as relating only to acts of open hostility, not to the feelings of the heart; and who had declared that they would "exultingly sacrifice a liberal portion of their dearest interests could there result, on behalf of the French republic, an adequate advantage;" he said—"in this respect I can not but interpret as you have done the declaration of your government. They must know that the strict performance of treaties is the best and safest policy; they must know that good faith alone can inspire respectability to a nation; that a pusillanimous conduct provokes insult, and brings upon a country those very dangers which it weakly means to avert.
"There is indeed too much reason to fear that you are involved in the general conspiracy of tyrants against liberty. They never will, they never can forgive you for having been the first to proclaim the rights of man. But you will force them to respect you by pursuing with firmness the only path which is consistent with your national honour and dignity.
"The cause of France is the cause of all mankind, and no nation is more deeply interested than you are in its success. Whatever fate awaits her, you are ultimately to share. But the cause of liberty is great and it shall prevail.
"And if France, under a despotic yoke, has been able so successfully to assert your rights, they can never again be endangered while she is at liberty to exert, in your support, that powerful arm which now defies the combined efforts of a whole world."
While these exertions were successfully making to give increased force, and a wider extent, to opinions which might subvert the system adopted by the executive, Mr. Jay, the chief justice of the United States, and Mr. King, a senator representing the state, arrived in New York from Philadelphia. They had been preceded by a report, which was whispered in private circles, that the French minister had avowed a determination to appeal from the President to the people. The confidential intercourse subsisting between these gentlemen and a part of the administration rendering it probable that this declaration, if made, had been communicated to them, they were asked, whether the report was true; having received the information through a channel[10]which was entitled to the most implicit faith, they answered that it was.
Their having said so was controverted; and they were repeatedly required, in the public papers, to admit or deny that they had made such an assertion. Thus called upon, they published a certificate avowing that they had made the declaration imputed to them.
On reflecting men this communication made a serious impression. The recent events in Poland, whose dismemberment and partition were easily traced to the admission of foreign influence, gave additional solemnity to the occurrence, and led to a more intent consideration of the awful causes which would embolden a foreign minister to utter such a threat.
That party, which in the commencement of the contests respecting the constitution was denominated federal, had generally supported the measures of the administration.
That which was denominated anti-federal, had generally opposed those measures. South of the Potomac especially, there was certainly many important exceptions to this arrangement of parties; yet as a general arrangement, it was unquestionably correct.
In the common partialities for France, in the common hope that the revolution in that country would be crowned with success, and would produce important benefits to the human race, they had equally participated; but in the course to be pursued by the United States, the line of separation between the two parties was clear and distinct. The federalists were universally of opinion that, in the existing war, America ought to preserve a neutrality as impartial as was compatible with her treaties; and that those treaties had been fairly and justly construed by the executive. Seduced however by their wishes, and by their affections, they at first yielded implicit faith to the assurances given by Mr. Genet of the disinclination of the French republic to draw them from this eligible position; and from this belief, they receded slowly and reluctantly.
They were inclined to ascribe the bitter invectives which were pronounced against the executive to an inveterate hostility to the government, and to those who administered it; and, when at length they were compelled to perceive that the whole influence of Mr. Genet was employed in stimulating and pointing these invectives, they fondly indulged the hope that his nation would not countenance his conduct. Adding to their undiminished attachment to the chief magistrate, a keen sense of the disgrace, the humiliation, and the danger of permitting the American government to be forced into any system of measures by the machinations of a foreign minister with the people, they had occasionally endeavoured, through the medium of the press, to keep the public mind correct; and, when it was announced that an appeal to themselves was threatened, they felt impelled by the strongest sentiments of patriotism and regard for national honour, to declare the indignation which the threat had inspired. In every quarter of the union, the people assembled in their districts, and the strength of parties was fully tried. The contest was warm and strenuous. But public opinion appeared to preponderate greatly in favour of neutrality, and of the proclamation by which its observance was directed. It was apparent too, that the American bosom still glowed with ardent affection for their chief magistrate; and that, however successful might have been the shafts directed against some of those who shared his confidence, the arrows aimed at himself had missed their mark.
Yet it was not to be concealed that the indiscreet arrogance of Mr. Genet, the direct insults to the President, and the attachment which many, who were in opposition to the general measures of the administration, still retained for the person of that approved patriot, contributed essentially to the prevalence of the sentiment which was called forth by the occasion.
In the resolutions expressing the strongest approbation of the measures which had been adopted, and the greatest abhorrence of foreign influence, a decided partiality for France was frequently manifested; while in those of a contrary description, respect for the past services of the President, and a willingness to support the executive in the exercises of its constitutional functions, seemed, when introduced, to be reluctantly placed among the more agreeable declarations of detestation for those who sought to dissolve the union between America and France, and of the devotion with which the French revolution ought to be espoused by all the friends of liberty.
The effect which the certificate of Mr. Jay and Mr. King might possibly produce was foreseen; and Mr. Genet sought to avoid its influence by questioning its veracity. Not only had it never been alleged that the exceptionable expressions were used to the President personally, but it was certain that they had not been uttered in his presence. Affecting not to have adverted to this obvious circumstance, the minister, on the 13th of August, addressed a letter to the chief magistrate, which, being designed for publication, was itself the act he had threatened, in which he subjoined to a detail of his accusations against the executive, the demand of an explicit declaration that he had never intimated to him an intention to appeal to the people.
On the 16th this letter was answered by the secretary of state, who, after acknowledging its receipt by the President, added, "I am desired to observe to you that it is not the established course for the diplomatic characters residing here to have any direct correspondence with him. The secretary of state is the organ through which their communications should pass.
"The President does not conceive it to be within the line of propriety or duty, for him to bear evidence against a declaration, which, whether made to him or others, is perhaps immaterial; he therefore declines interfering in the case."
Seldom has more conclusive testimony been offered of the ascendency which, in the conflicts of party, the passions maintain over reason, than was exhibited, on this occasion, by the zealous partisans of the French minister. It might have been expected that, content with questioning the fact, or with diverting the obloquy attending it from the French nation, no American would have been found hardy enough to justify it; and but few, to condemn those gentlemen by whose means it had reached the public ear. Nothing could be farther removed from this expectation, than the conduct that was actually observed. The censure merited by the expressions themselves fell, not upon the person who had used them, but upon those who had communicated them to the public. Writers of considerable political eminence, charged them as being members of a powerful faction who were desirous of separating America from France, and connecting her with England, for the purpose of introducing the British constitution.
As if no sin could equal the crime of disclosing to the people a truth which, by inducing reflection, might check the flood of that passion for France which was deemed the surest test of patriotism, the darkest motives were assigned for the disclosure, and the reputation of those who made it has scarcely been rescued by a lapse of years, and by a change of the subjects of controversy, from the peculiar party odium with which they were at the time overwhelmed.
Sentiments of a still more extraordinary nature were openly avowed. In a republican country, it was said, the people alone were the basis of government. All powers being derived from them, might, by them, be withdrawn at pleasure. They alone were the authors of the law, and to them alone, must the ultimate decision on the interpretation belong. From these delicate and popular truths, it was inferred, that the doctrine that the sovereignty of the nation resided in the departments of government was incompatible with the principles of liberty; and that, if Mr. Genet dissented from the interpretation given by the President to existing treaties, he might rightfully appeal to the real sovereign whose agent the President was, and to whom he was responsible for his conduct. Is the President, it was asked, aconsecratedcharacter, that an appeal from his decisions must be considered criminal? or are the people in such a state of monarchical degradation, that to speak of consulting them is an offence as great, as if America groaned under a dominion equally tyrannical with the old monarchy of France?
It was soon ascertained that Mr. Dallas, to whom this threat of appealing to the people had been delivered, did not admit that the precise words had been used. Mr. Genet then, in the coarsest terms, averred the falsehood of the certificate which had been published, and demanded from the attorney general, and from the government, that Mr. Jay and Mr. King should be indicted for a libel upon himself and his nation. That officer accompanied his refusal to institute this information with the declaration that any other gentleman of the profession, who might approve and advise the attempt, could be at no loss to point out a mode which would not require his intervention.
While the minister of the French republic thus loudly complained of the unparalleled injury he received from being charged with employing a particular exceptionable phrase, he seized every fair occasion to carry into full execution the threat which he denied having made. His letters, written for the purpose of publication, and actually published by himself, accused the executive, before the tribunal of the people, on those specific points, from its decisions respecting which he was said to have threatened the appeal. As if the offence lay, not in perpetrating the act, but in avowing an intention to perpetrate it, this demonstration of his designs did not render his advocates the less vehement in his support, nor the less acrimonious in reproaching the administration, as well as Mr. Jay and Mr. King.
Whilst insult was thus added to insult, the utmost vigilance of the executive officers was scarcely sufficient to maintain an observance of the rules which had been established for preserving neutrality in the American ports. Mr. Genet persisted in refusing to acquiesce in those rules; and fresh instances of attempts to violate them were continually recurring. Among these, was an outrage committed in Boston, too flagrant to be overlooked.
A schooner, brought as a prize into the port of Boston by a French privateer, was claimed by the British owner; who instituted proceedings at law against her, for the purpose of obtaining a decision on the validity of her capture. She was rescued from the possession of the marshal, by an armed force acting under the authority of Mr. Duplaine, the French consul, which was detached from a frigate then lying in port. Until the frigate sailed, she was guarded by a part of the crew; and, notwithstanding the determination of the American government that the consular courts should not exercise a prize jurisdiction within the territories of the United States, Mr. Duplaine declared his purpose to take cognizance of the case.
To this act of open defiance, it was impossible for the President to submit. The facts being well attested, the exequatur which had been granted to Mr. Duplaine was revoked, and he was forbidden further to exercise the consular functions. It will excite surprise that even this necessary measure could not escape censure. The self-proclaimed champions of liberty discovered in it a violation of the constitution, and a new indignity to France.
Mr. Genet did not confine his attempts to employ the force of America against the enemies of his country to maritime enterprises. On his first arrival, he is understood to have planned an expedition against the Floridas, to be carried on from Georgia; and another against Louisiana, to be carried on from the western parts of the United States. Intelligence was received that the principal officers were engaged; and the temper of the people inhabiting the western country was such as to furnish some ground for the apprehension, that the restraints which the executive was capable of imposing, would be found too feeble to prevent the execution of this plan. The remonstrances of the Spanish commissioners on this subject, however, were answered with explicit assurances that the government would effectually interpose to defeat any expedition from the territories of the United States against those of Spain; and the governor of Kentucky was requested to co-operate in frustrating this improper application of the military resources of his state.
It was not by the machinations of the French minister alone that the neutrality of the United States was endangered. The party which, under different pretexts, urged measures the inevitable tendency of which was war, derived considerable aid, in their exertions to influence the passions of the people, from the conduct of others of the belligerent powers. The course pursued both by Britain and Spain rendered the task of the executive still more arduous, by furnishing weapons to the enemies of neutrality, capable of being wielded with great effect.
The resentment excited by the rigour with which the maritime powers of Europe retained the monopoly of their colonial commerce, had, without the aid of those powerful causes which had lately been brought into operation, been directed peculiarly against Great Britain. These resentments had been greatly increased. That nation had not mitigated the vexations and inconveniences which war necessarily inflicts on neutral trade, by any relaxations in her colonial policy.
Decree of the national convention relative to neutral commerce.
To this rigid and repulsive system, that of France presented a perfect contrast. Either influenced by the politics of the moment, or suspecting that, in a contest with the great maritime nations of Europe, her commerce must search for security in other bottoms than her own, she opened the ports of her colonies to every neutral flag, and offered to the United States a new treaty, in which it was understood that every mercantile distinction between Americans and Frenchmen should be totally abolished.
With that hasty credulity which, obedient to the wishes, can not await the sober and deliberate decisions of the judgment, the Americans ascribed this change, and these propositions, to the liberal genius of freedom; and expected the new commercial and political systems to be equally durable. As if, in the termrepublic, the avaricious spirit of commercial monopoly would lose its influence over men; as if the passions were to withdraw from the management of human affairs, and leave the helm to the guidance of reason, and of disinterested philanthropy; a vast proportion of the American people believed this novel system to be the genuine offspring of new-born liberty; and consequently expected that, from the success of the republican arms, a flood of untried good was to rush upon the world.
The avidity with which the neutral merchants pressed forward to reap the rich and tempting harvest offered to them by the regulations and the wants of France, presented a harvest not less rich and tempting to the cruisers of her enemies. Captures to a great extent were made, some with, others without, justifiable cause; and the irritations inseparable from disappointment in gathering the fruits of a gainful traffic, were extensively communicated to the agricultural part of society.
The vexations on the ocean to which neutrals are commonly exposed during war, were aggravated by a measure of the British cabinet, which war was not admitted to justify.