construes differently from that to which he is sent, the treaties and
laws which are to form a common rule of action for both, it would be
unjust in either to claim an exclusive right of construction. Each
nation has an equal right to expound the meaning of their common rules;
and reason and usage have established, in such cases, a convenient and
well understood train of proceeding. It is the right and duty of the
foreign missionary to urge his own constructions, to support them with
reasons which may convince, and in terms of decency and respect which
may reconcile the government of the country to a concurrence. It is the
duty of that government to listen to his reasonings with attention and
candor, and to yield to them when just. But if it shall still appear to
them that reason and right are on their side, it follows of necessity,
that exercising the sovereign powers of the country, they have a right
to proceed on their own constructions and conclusions as to whatever is
to be done within their limits. The minister then refers the case to his
own government, asks new instructions, and, in the mean time,
acquiesces in the authority of the country. His government examines his
constructions, abandons them if wrong, insists on them if right, and the
case then becomes a matter of negotiation between the two nations. Mr.
Genet, however, assumes a new and bolder line of conduct. After deciding
for himself ultimately, and without respect to the authority of the
country, he proceeds to do what even his sovereign could not authorize,
to put himself within the country on a line with its government, to act
as co-sovereign of the territory; he arms vessels, levies men, gives
commissions of war, independently of them, and in direct opposition to
their orders and efforts. When the government forbids their citizens to
arm and engage in the war, he undertakes to arm and engage them. When
they forbid vessels to be fitted in their ports for cruising on nations
with whom they are at peace, he commissions them to fit and cruise.
When they forbid an unceded jurisdiction to be exercised within their
territory by foreign agents, he undertakes to uphold that exercise, and
to avow it openly. The privateers Citoyen Genet and Sans Culottes having
been fitted out at Charleston (though without the permission of the
government, yet before it was forbidden) the President only required
they might leave our ports, and did not interfere with their prizes.
Instead, however, of their quitting our ports, the Sans Culottes remains
still, strengthening and equipping herself, and the Citoyen Genet went
out only to cruise on our coast, and to brave the authority of the
country by returning into port again with her prizes. Though in the
letter of June the 5th, the final determination of the President was
communicated, that no future armaments in our ports should be permitted,
the Vainqueur de la Bastille was afterwards equipped and commissioned in
Charleston, the Anti-George in Savannah, the Carmagnole in Delaware,
a schooner and a sloop in Boston, and the Polly or Republican was
attempted to be equipped in New York, and was the subject of reclamation
by Mr. Genet, in a style which certainly did not look like relinquishing
the practice. The Little Sarah or Little Democrat was armed, equipped,
and manned, in the port of Philadelphia, under the very eye of the
government, as if meant to insult it. Having fallen down the river, and
being evidently on the point of departure for a cruise, Mr. Genet was
desired in my letter of July the 2th, on the part of the President,
to detain her till some inquiry and determination on the case should
be had. Yet within three or four days after, she was sent out by orders
from Mr. Genet himself, and is, at this time, cruising on our coasts, as
appears by the protest of the master of one of our vessels maltreated by
her.
The government thus insulted and set at defiance by Mr. Genet, and
committed in its duties and engagements to others, determined still to
see in these proceedings but the character of the individual, and not to
believe, and it does not believe, that they are by instructions from his
employers. They had assured the British Minister here, that the vessels
already armed in our ports should be obliged to leave them, and that no
more should be armed in them. Yet more had been armed, and those before
armed had either not gone away, or gone only to return with new prizes.
They now informed him that the order for departure should be enforced,
and the prizes made contrary to it should be restored or compensated.
The same thing was notified to Mr. Genet in my letter of August the 7th,
and that he might not conclude the promise of compensation to be of no
concern to him, and go on in his courses, he was reminded that it would
be a fair article of account against his nation.
Mr. Genet, not content with using our force, whether we will or not, in
the military line against nations with whom we are at peace, undertakes
also to direct the civil government; and particularly, for the executive
and legislative bodies, to pronounce what powers may or may not be
exercised by the one or the other. Thus in his letter of June the 8th,
he promises to respect the political opinions of the President, till
the Representatives shall have confirmed or rejected them; as if the
President had undertaken to decide what belonged to the decision of
Congress. In his letter of June the 4th, he says more openly, that the
President ought not to have taken on himself to decide on the subject
of the letter, but that it was of importance enough to have consulted
Congress thereon; and in that of June the 22nd, he tells the President
in direct terms, that Congress ought already to have been occupied on
certain questions which he had been too hasty in deciding: thus making
himself, and not the President, the judge of the powers ascribed by the
constitution to the executive, and dictating to him the occasion when he
should exercise the power of convening Congress at an earlier day than
their own act had prescribed.
On the following expressions no commentary shall be made.
July 9. ‘Les principes philosophiques proclames par le Président.’
June 22. ‘Les opinions privées ou publiques de M. le Président, et cette
égide ne paroissant pas suffisante.’
June 22. ‘Le gouvernement fédéral s’est empressé, poussé par je ne se gais
quelle influence.’
June 22. ‘Je ne puis attribuer des démarches de cette nature qu’a des
impressions étrangeres dont le terns et la vérité triompheront.’
June 25. ‘On poursuit avec acharnement, en vertu des instructions de M.
le Président, les armateurs Francais.’
June 14. ‘Ce refus tend a accomplir le système infernal du roi
d’Angleterre, et des autres rois ses accomplices, pour faire perir par
la famine les Républicans Francais avec la liberté.
June 8. ‘La lache abandon de ses amis.’
July 25. ‘En vain le desirde conserver la paix fait-il sacrifier les
interets de la France a cet interêt du moment; en vain la soif des
richesses l’emporte-t-elle sur l’honneur dans la balance politique de
l’Amérique. Tous ces menagemens, toute cette condescendance, toute cette
humilité n’aboutissent a rien: nos ennemis en rient, et les Francais
trop confiants sont punis pour avoir cru que la nation Américaine
avoit un pavilion, qu’elle avoit quelque egard pours ses loix, quelque
conviction de ses forces, et qu’elle tenoit au sentiment de sa dignité.
Il ne m’est pas possible de peindre toute ma sensibilité sur ce
scandale, qui tend à la diminution de votre commerce, à l’oppression
du notre, et à l’abaissement, à l’avilissement des republiques. Si nos
concitoyens ont été trompes, si vous n’êtes point en état de soutenir la
souveraineté de votre peuple, parlez; nous l’avons garantie quand
nous étions esclaves, nous saurons la rendre rédoubtable étant devenus
libres.’ We draw a veil over the sensations which these expressions
excite. No words can render them; but they will not escape the
sensibility of a friendly and magnanimous nation, who will do us
justice. We see in them neither the portrait of ourselves, nor the
pencil of our friends; but an attempt to embroil both; to add still
another nation to the enemies of his country, and to draw on both a
reproach, which it is hoped will never stain the history of either.
The written proofs, of which Mr. Genet was himself the bearer, were
too unequivocal to leave a doubt that the French nation are constant in
their friendship to us. The resolves of their National Convention, the
letters of their Executive Council attest this truth, in terms which
render it necessary to seek in some other hypothesis, the solution of
Mr. Genet’s machinations against our peace and friendship.
Conscious, on our part, of the same friendly and sincere dispositions,
we can with truth affirm, both for our nation and government, that we
have never omitted a reasonable occasion of manifesting them. For I will
not consider as of that character, opportunities of sallying forth from
our ports to way-lay, rob, and murder defenceless merchants and others,
who have done us no injury, and who were coming to trade with us in
the confidence of our peace and amity. The violation of all the laws of
order and morality which bind mankind together, would be an unacceptable
offering to a just nation. Recurring then only to recent things, after
so afflicting a libel we recollect with satisfaction, that in the course
of two years, by unceasing exertions, we paid up seven years’ arrearages
and instalments of our debt to France, which the inefficiency of our
first form of government had suffered to be accumulating: that
pressing on still to the entire fulfilment of our engagements, we have
facilitated to Mr. Genet the effect of the instalments of the present
year, to enable him to send relief to his fellow citizens in France,
threatened with famine: that in the first moment of the insurrection
which threatened the colony of St. Domingo, we stepped forward to their
relief with arms and money, taking freely on ourselves the risk of
an unauthorized aid, when delay would have been denial: that we have
received, according to our best abilities, the wretched fugitives from
the catastrophe of the principal town of that colony, who, escaping from
the swords and flames of civil war, threw themselves on us naked
and houseless, without food or friends, money or other means, their
faculties lost and absorbed in the depth of their distresses: that
the exclusive admission to sell here the prizes made by France on her
enemies, in the present war, though unstipulated in our treaties,
and unfounded in her own practice or in that of other nations, as
we believe; the spirit manifested by the late grand jury in their
proceedings against those who had aided the enemies of France with arms
and implements of war; the expressions of attachment to his nation, with
which Mr. Genet was welcomed on his arrival and journey from south to
north, and our long forbearance under his gross usurpations and
outrages of the laws and authority of our country, do not bespeak the
partialities intimated in his letters. And for these things he rewards
us by endeavors to excite discord and distrust between our citizens
and those whom they have entrusted with their government, between the
different branches of our government, between our nation and his.
But none of these things, we hope, will be found in his power. That
friendship which dictates to us to bear with his conduct yet a while,
lest the interests of his nation here should suffer injury, will
hasten them to replace an agent, whose dispositions are such a
misrepresentation of theirs, and whose continuance here is inconsistent
with order, peace, respect, and that friendly correspondence which we
hope will ever subsist between the two nations. His government will see
too that the case is pressing. That it is impossible for two sovereign
and independent authorities to be going on within our territory at
the same time, without collision. They will foresee that if Mr. Genet
perseveres in his proceedings, the consequences would be so hazardous
to us, the example so humiliating and pernicious, that we may be forced
even to suspend his functions before a successor can arrive to continue
them. If our citizens have not already been shedding each other’s blood,
it is not owing to the moderation of Mr. Genet, but to the forbearance
of the government. It is well known that if the authority of the laws
had been resorted to, to stop the Little Democrat, its officers and
agents were to have been resisted by the crew of the vessel, consisting
partly of American citizens. Such events are too serious, too possible,
to be left to hazard, or to what is more than hazard, the will of an
agent whose designs are so mysterious.
Lay the case then immediately before his government. Accompany it with
assurances, which cannot be stronger than true, that our friendship for
the nation is constant and unabating; that faithful to our treaties,
we have fulfilled them in every point to the best of our understanding;
that if in any thing, however, we have construed them amiss, we are
ready to enter into candid explanations, and to do whatever we can be
convinced is right; that in opposing the extravagances of an agent,
whose character they seem not sufficiently to, have known, we have
been urged by motives of duty to ourselves and justice to others, which
cannot but be approved by those who are just themselves; and finally,
that after independence and self-government, there is nothing we more
sincerely wish than perpetual friendship with them.
I have the honor to be, with great respect and esteem, Dear Sir, your
most obedient and most humble servant,
Th: Jefferson.*
* A copy of the preceding letter was sent, enclosed by the
Secretary of State, to Mr. Genet.
LETTER CLXIV.--CIRCULAR TO THE MERCHANTS OF THE U.S., August 23, 1793
CIRCULAR TO THE MERCHANTS OF THE UNITED STATES.
Philadelphia, August 23, 1793,
Gentlemen,
Complaint having been made to the government of the United States, of
some instances of unjustifiable vexation and spoliation committed on our
merchant vessels by the privateers of the powers at war, and it being
possible that other instances may have happened of which no information
has been given to the government, I have it in charge from the President
to assure the merchants of the United States, concerned in foreign
commerce or navigation, that due attention will be paid to any injuries
they may suffer on the high seas or in foreign countries, contrary to
the law of nations or to existing treaties: and that on their forwarding
hither well authenticated evidence of the same, proper proceedings will
be adopted for their relief. The just and friendly dispositions of the
several belligerent powers, afford well-founded expectation that they
will not hesitate to take effectual measures for restraining their armed
vessels from committing aggressions and vexations on our citizens or
their property.
There being no particular portion or description of the mercantile body
pointed out by the laws for receiving communications of this nature, I
take the liberty of addressing it to the merchants of -------- for the
state of --------- requesting that through them, it may be made known to
all those of their State whom it may concern. Information will be freely
received either from the individuals aggrieved, or from any associations
of merchants who will be pleased to take the trouble of giving it, in a
case so interesting to themselves and their country.
I have the honor to be, with great respect, Gentlemen, your most
obedient servant,
Th: Jefferson.
LETTER CLXV.--TO MR. GORE, September 2, 1793
TO MR. GORE.
Philadelphia, September 2, 1793.
Sir,
The President is informed through the channel of a letter from yourself
to Mr. Lear, that M. Duplaine, Consul of France at Boston, has lately,
with an armed force, seized and rescued a vessel from the officer of
a court of justice, by process from which she was under arrest in his
custody: and that he has in like manner, with an armed force, opposed
and prevented the officer, charged with process from a court against
another vessel, from serving that process. This daring violation of the
laws requires the more attention, as it is by a foreigner clothed with
a public character, arrogating an unfounded right to admiralty
jurisdiction, and probably meaning to assert it by this act of force.
You know that by the law of nations, consuls are not diplomatic
characters, and have no immunities whatever against the laws of the
land. To put this altogether out of dispute, a clause was inserted in
our consular convention with France, making them amenable to the laws of
the land, as other inhabitants. Consequently, M. Duplaine is liable
to arrest, imprisonment, and other punishments, even capital, as other
foreign subjects resident here. The President therefore desires that you
will immediately institute such a prosecution against him, as the laws
will warrant. If there be any doubt as to the character of his offence,
whether of a higher or lower grade, it will be best to prosecute for
that which will admit the least doubt, because an acquittal, though it
might be founded merely on the opinion that the grade of offence with
which he is charged is higher than his act would support, yet it might
be construed by the uninformed to be a judiciary decision against his
amenability to the law, or perhaps in favor of the jurisdiction these
Consuls are assuming. The process, therefore, should be of the surest
kind, and all the proceedings well grounded. In particular, if an
arrest, as is probable, be the first step, it should be so managed as
to leave room neither for escape nor rescue. It should be attended with
every mark of respect, consistent with safe custody, and his confinement
as mild and comfortable also, as that would permit. These are the
distinctions to which a Consul is entitled, that is to say, of a
particular decorum of deportment towards him, indicative of respect to
the sovereign whose officer he is.
The President also desires you will immediately obtain the best evidence
it shall be in your power to procure, under oath or affirmation, of
the transaction stated in your letter, and that in this, you consider
yourself as acting as much on behalf of M. Duplaine as the public, the
candid truth of the case being exactly that which is desired, as it may
be the foundation of an act, the justice of which should be beyond all
question. This evidence I shall be glad to receive with as few days, or
even hours, of delay as possible.
I am also instructed to ask the favor of you to communicate copies of
any memorials, representations, or other written correspondence which
may have passed between the Governor and yourself, with respect to the
privateers and prizes which have been the subject of your letters to Mr.
Lear.
I have the honor to be, with great respect, Sir, your most obedient
servant,
Th: Jefferson.
LETTER CLXVI.--TO MR. HAMMOND, September 5, 1793
TO MR. HAMMOND.
Philadelphia, September 5, 1793.
I am honored with yours of August the 30th. Mine of the 7th of that
month assured you that measures were taking 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
considers 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 article, 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, forborne to use all the measures in our
power for the restitution of the three vessels mentioned in my letter of
August the 7th, 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 where
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 us, 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 government 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 the
distance will permit. Hence you will perceive, Sir, that the President
contemplates restitution or compensation, in the cases before the
seventh 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 June the 5th
and August the 7th, 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 times 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 the honor to be, with great respect, Sir, your most obedient and
most humble servant,
Th: Jefferson.
LETTER CLXVII.--TO MR. PINCKNEY, September 7,1793
TO MR. PINCKNEY.
Philadelphia, September 7,1793.
Sir,
We have received, through a channel which cannot be considered as
authentic, the copy of a paper, styled ‘Additional instructions to the
commanders of his Majesty’s ships of war and privateers, &c.’ dated at
St. James’s, June 8, 1793. If this paper be authentic, I have little
doubt but that you will have taken measures to forward it to me. But
as your communication of it may miscarry, and time in the meanwhile be
lost, it has been thought better that it should be supposed authentic:
that on that supposition I should notice to you its very exceptionable
nature, and the necessity of obtaining explanations on the subject
from the British government; desiring at the same time, that you will
consider this letter as provisionally written only, and as if never
written, in the event that the paper which is the occasion of it be not
genuine.
The first article of it permits all vessels, laden wholly or in part
with corn, flour, or meal, bound to any port in France, to be stopped,
and sent into any British port, to be purchased by that government, or
to be released only on the condition of security given by the master,
that he will proceed to dispose of his cargo in the ports of some
country in amity with his Majesty.