They consume but a small proportion of what they receive. The residue

is partly forwarded for consumption in the inland parts of Europe, and

partly re-shipped to other maritime countries. On the latter portion, they

intercept between us and the consumer, so much of the real value as is

absorbed by the charges attending an intermediate deposit.

Foreign goods, except some East India articles, are received in the

vessels of any nation.

Our ships may be sold and naturalized there, with exceptions of one or

two privileges, which scarcely lessen their value.

In the American possessions of the United Netherlands, and Sweden, our

vessels and produce are received, subject to duties, not so heavy as to

have been complained of.

_Great Britain_ receives our pot and pearl ashes free, while those of

other nations pay a duty of two shillings and three pence the quintal.

There is an equal distinction in favor of our bar iron, of which article,

however, we do not produce enough for our own use. Woods are free from us,

whilst they pay some small duty from other countries. Indigo and flaxseed

are free from all countries. Our tar and pitch pay eleven pence sterling

the barrel. From other alien countries they pay about a penny and a third

more.

Our tobacco, for their own consumption, pays one shilling three pence

sterling the pound, custom and excise, besides heavy expenses of

collection; and rice, in the same case, pays seven shillings four pence

sterling the hundred weight, which rendering it too dear as an article of

common food, it is consequently used in very small quantity.

Our salted fish, and other salted provisions, except bacon, are

prohibited. Bacon and whale oils are under prohibitory duties: so are our

grains, meals and bread, as to internal consumption, unless in times of

such scarcity as may raise the price of wheat to fifty shillings sterling

the quarter, and other grains and meals in proportion.

Our ships, though purchased and navigated by their own subjects, are not

permitted to be used, even in their trade with us.

While the vessels of other nations are secured by standing laws, which

cannot be altered but by the concurrent will of the three branches of

the British Legislature, in carrying thither any produce or manufacture

of the country to which they belong, which may be lawfully carried

in any vessels, ours, with the same prohibition of what is foreign,

are further prohibited by a standing law (12. Car. 2. c. 18, s. 3,)

from carrying thither all and any of our domestic productions and

manufactures. A subsequent act, indeed, has authorized their executive

to permit the carriage of our own productions in our own bottoms, at

its sole discretion; and the permission has been given from year to

year, by proclamation; but subject every moment to be withdrawn on that

single will, in which event, our vessels having anything on board, stand

interdicted from the entry of all British ports. The disadvantage of

a tenure which may be so suddenly discontinued, was experienced by our

merchants on a late occasion, when an official notification that this law

would be strictly enforced, gave them just apprehensions for the fate of

their vessels and cargoes despatched or destined to the ports of Great

Britain. It was privately believed, indeed, that the order of that court

went further than their intention, and so we were, afterwards, officially

informed; but the embarrassments of the moment were real and great, and

the possibility of their renewal lays our commerce to that country under

the same species of discouragement, as to other countries where it is

regulated by a single legislator; and the distinction is too remarkable

not to be noticed, that our navigation is excluded from the security of

fixed laws, while that security is given to the navigation of others.

Our vessels pay in their ports one shilling nine pence sterling per ton,

light and tritrity dues, more than is paid by British ships, except in

the port of London, where they pay the same as British.

The greater part of what they receive from us, is re-exported to other

countries, under the useless charges of an intermediate deposit and double

voyage.

From tables published in England, and composed, as is said, from the books

of their Custom Houses, it appears, that of the indigo imported there in

the years 1773-4-5, one third was re-exported; and from a document of

authority, we learn that of the rice and tobacco imported there before

the war, four-fifths were re-exported. We are assured, indeed, that the

quantities sent thither for re-exportation since the war, are considerably

diminished; yet less so than reason and national interest would dictate.

The whole of our grain is re-exported, when wheat is below fifty shillings

the quarter, and other grains in proportion.

Great Britain admits in her islands our vegetables, live provisions,

horses, wood, tar, pitch and turpentine, rice and bread stuff, by a

proclamation of her executive, limited always to the term of a year, but

hitherto renewed from year to year. She prohibits our salted fish and

other salted provisions. She does not permit our vessels to carry thither

our own produce. Her vessels alone may take it from us, and bring in

exchange, rum, molasses, sugar, coffee, cocoa nuts, ginger and pimento.

There are, indeed, some freedoms in the island of Dominica, but under

such circumstances as to be little used by us. In the British continental

colonies, and in Newfoundland, all our productions are prohibited, and

our vessels forbidden to enter their ports. Their Governors, however, in

times of distress, have power to permit a temporary importation of certain

articles in their own bottoms, but not in ours.

Our citizens cannot reside as merchants or factors within any of the

British plantations, this being expressly prohibited by the same statute

of 12 Car. 2, c. 18, commonly called their navigation act.

Of our commercial objects, _Spain_ receives favorably our bread stuff,

salted fish, wood, ships, tar, pitch, and turpentine. On our meals,

however, when re-exported to their colonies, they have lately imposed

duties of from half a dollar to two dollars the barrel, the duties being

so proportioned to the current price of their own flour, as that both

together are to make the constant sum of nine dollars per barrel.

They do not discourage our rice, pot and pearl ash, salted provisions, or

whale oil; but these articles being in small demand at their markets, are

carried thither but in a small degree. Their demand for rice, however, is

increasing. Neither tobacco nor indigo are received there.

Themselves and their colonies are the actual consumers of what they

receive from us.

Our navigation is free with the kingdom of Spain, foreign goods being

received there in our ships on the same conditions as if carried in

their own, or in the vessels of the country of which such goods are the

manufacture or produce.

_Spain_ and _Portugal_ refuse to those parts of America which they govern,

all direct intercourse with any people but themselves. The commodities

in mutual demand between them and their neighbors, must be carried to be

exchanged in some part of the dominant country, and the transportation

between that and the subject State, must be in a domestic bottom.

TO MR. HAMMOND.

Philadelphia, February 16, 1793.

Sir,--I have duly received your letter of yesterday, with the statement

of the duties payable on articles imported into Great Britain. The object

of the report, from which I had communicated some extracts to you, not

requiring a minute detail of the several duties on every article, in

every country, I had presented both articles and duties in groups, and in

general terms, conveying information sufficiently accurate for the object.

And I have the satisfaction to find, on re-examining the expression in

the report, that they correspond with your statement as nearly as generals

can with particulars. The differences which any nation makes between our

commodities and those of other countries, whether favorable or unfavorable

to us, were proper to be noted. But they were subordinate to the more

important questions, what countries _consume_ most of our produce, exact

the lightest duties, and leave to us the most favorable balance?

You seem to think that in the mention made of your _official_

communication of April the 11th, 1792, that the clause in the navigation

act (prohibiting our own produce to be carried in our own vessels into

the British European dominions) would be strictly enforced in future, and

the _private belief_ expressed at the same time, that the intention of

that court did not go so far, that the latter terms are not sufficiently

accurate. About the fact it is impossible we should differ, because it

is a written one. The only difference then, must be a merely verbal one.

For thus stands the fact: In your letter of April the 11th, you say, you

have received, by a circular despatch from your court, directions to

inform this government that it had been determined in future strictly

to enforce this clause of the navigation act. This I considered as an

_official_ notification. In your answer of April the 12th to my request

of explanation, you say, "In answer to your letter of this day, I have the

honor of observing, that I have no other instructions upon the subject of

my communication, than such as are contained in the circular despatch, of

which I stated the purport in my letter dated yesterday. I have, however,

no difficulty in assuring you, that the result of my _personal conviction_

is, that the determination of his Majesty's government to enforce

the clause of the act, &c., is not intended to militate against the

proclamation," &c. This _personal conviction_ is expressed in the report

as a _private belief_, in contradistinction to the _official_ declaration.

In your letter of yesterday, you choose to call it "a formal assurance of

your conviction." As I am not scrupulous about words when they are once

explained, I feel no difficulty in substituting in your report your own

words, "_personal conviction_," for those of "_private belief_," which

I had thought equivalent. I cannot indeed insert that it was a _formal_

assurance, lest some readers might confound this with an _official_ one,

without reflecting that you could not mean to give _official_ assurance

that the clause would be enforced, and _official_ assurance, at the same

time, of your personal conviction that it would not be enforced.

I had the honor to acknowledge verbally the receipt of your letter of the

3d of August, when you did me that of making the inquiry verbally about

six weeks ago; and I beg leave to assure you, that I am, with due respect,

Sir, your most obedient, and most humble servant.

TO M. DE TERNANT.

Philadelphia, February 17, 1793.

Sir,--I have duly received your letter of yesterday, and am sensible of

your favor in furnishing me with your observations on the statement of

the commerce between our two nations, of which I shall avail myself for

the good of both. The omission of our participation with your vessels, in

the exclusive transportation of our tobacco, was merely that of the copy,

as it was expressed in the original draught where the same circumstance

respecting our whale oil was noted; and I am happy that your notice of it

has enabled me to reinstate it before the report goes out of my hand.

I must candidly acknowledge to you, that I do not foresee the same effect

in favor of our navigation, from the late reduction of duties on our

tobaccos in France, which you seem to expect. The difference in favor of

French vessels is still so great, as, in my opinion, to make it their

interest to quit all other branches of the carrying business, to take

up this; and as your stock of shipping is not adequate to the carriage

of all your exports, the branches which you abandon will be taken up

by other nations; so that this difference thrusts us out of the tobacco

carriage, to let other nations in to the carriage of other branches of

your commerce. I must therefore avail myself of this occasion to express

my hope, that your nation will again revise this subject, and place it

on more equal grounds. I am happy in concurring with you more perfectly

in another sentiment, that as the principles of our governments become

more congenial, the links of affection are multiplied between us. It is

impossible they should multiply beyond our wishes. Of the sincere interest

we take in the happiness and prosperity of your nation, you have had the

most unequivocal proofs.

I pray you to accept assurances of sincere attachment to you personally,

and of the sentiments of respect and esteem with which I am, Sir, your

most obedient, and most humble servant.

TO M. DE TERNANT.

Philadelphia, February 20, 1793.

Sir,--I have laid before the President of the United States your

notification of the 17th instant, in the name of the Provisory Executive

Council charged with the administration of your government, that the

French nation has constituted itself into a Republic. The President

receives with great satisfaction this attention of the Executive Council,

and the desire they have manifested of making known to us the resolution

entered into by the National Convention, even before a definitive

regulation of their new establishment could take place. Be assured, Sir,

that the government and the citizens of the United States, view with the

most sincere pleasure every advance of your nation towards its happiness,

an object essentially connected with its liberty, and they consider the

union of principles and pursuits between our two countries, as a link

which binds still closer their interests and affections. We earnestly wish

on our part that these our natural dispositions may be improved to mutual

good, by establishing our commercial intercourse on principles as friendly

to natural right and freedom, as are those of our governments.

I am, with sincere esteem and respect, Sir, your most obedient, and most

humble servant.

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Philadelphia, February 20, 1793.

Sir,--The House of Representatives, about the close of the session before

the last, referred to me the report of a committee on a message from

the President of the United States, of the 14th of February, 1791, with

directions to report to Congress the nature and extent of the privileges

and restrictions of the commercial intercourse of the United States

with foreign nations, and measures for its improvement. The report was

accordingly prepared during the ensuing recess, ready to be delivered at

the next session, that is to say, at the last. It was thought possible

at that time, however, that some changes might take place in the existing

state of things, which might call for corresponding changes in measures.

I took the liberty of mentioning this in a letter to the Speaker of

the House of Representatives, to express an opinion that a suspension

of proceedings thereon, for a time, might be expedient, and to propose

retaining the report till the present session, unless the House should

be pleased to signify their pleasure to the contrary. The changes then

contemplated have not taken place, nor, after waiting as long as the term

of the session will admit, in order to learn something further on the

subject, can anything definite thereon be now said. If, therefore, the

House wishes to proceed on the subject, the report shall be delivered at

a moment's warning. Should they not choose to take it up till their next

session, it will be an advantage to be permitted to keep it by me till

then, as some further particulars may perhaps be procured relative to

certain parts of our commerce, of which precise information is difficult

to obtain. I make this suggestion, however, with the most perfect

deference to their will, the first intimation of which shall be obeyed on

my part, so as to occasion them no delay.

I have the honor to be, with sentiments of the most perfect esteem and

respect, Sir, your most obedient, and most humble servant.

TO THE MINISTER OF FRANCE.

Philadelphia, February 23, 1793.

Sir,--I have laid before the President of the United States your

notification of the 17th instant, in the name of the Provisory Executive

Council, charged with the administration of your Government, that the

French nation has constituted itself into a Republic. The President

receives, with great satisfaction, this attention of the Executive

Council and the desire they have manifested of making known to us

the resolution entered into by the National Convention, even before a

definitive regulation of their new establishment could take place. Be

assured, Sir, that the Government and the citizens of the United States

view with the most sincere pleasure every advance of your nation towards

its happiness, an object essentially connected with its liberty, and they

consider the union of principles and pursuits between our two countries

as a link which binds still closer their interests and affections.

[The genuine and general effusions of joy which you saw overspread our

country on their seeing the liberties of yours rise superior to foreign

invasion and domestic trouble, have proved to you that our sympathies

are great and sincere, and] we earnestly wish on our part that these, our

mutual dispositions, may be improved to mutual good, by establishing our

commercial intercourse on principles as friendly to natural right and

freedom as are those of our Government. I am, with sincere esteem and

respect, Sir, your most obedient, and most humble servant.

TO J. MADISON.

March, 1793.

The idea seems to gain credit that the naval powers combining against

France, will prohibit supplies, even of provisions, to that country.

Should this be formally notified, I should suppose Congress would be

called, because it is a justifiable cause of war, and as the Executive

cannot decide the question of war on the affirmative side, neither ought

it to do so on the negative side, by preventing the competent body from

deliberating on the question. But I should hope that war would not be

their choice. I think it will furnish us a happy opportunity of setting

another precious example to the world, by showing that nations may be

brought to do justice by appeals to their interests as well as by appeals

to arms. I should hope that Congress, instead of a denunciation of war,

would instantly exclude from our ports all the manufactures, produce,

vessels and subjects of the nations committing this aggression, during the

continuance of the aggression, and till full satisfaction made for it.

This would work well in many ways, safely in all, and introduce between

nations another umpire than arms. It would relieve us, too, from the risks

and the horrors of cutting throats. The death of the King of France has

not produced as open condemnations from the monocrats as I expected. I

dined the other day in a company where the subject was discussed. I will

name the company in the order in which they manifested their partialities;

beginning with the warmest Jacobinism, and proceeding by shades, to the

most heart felt aristocracy. Smith, (N. Y.,) Coxe, Stewart, T. Shippen,

Bingham, Peters, Breck, Meredith, Wolcott. It is certain that the ladies

of this city, of the first circle, are open-mouthed against the murderers

of a sovereign, and they generally speak those sentiments which the more

cautious husband smothers. Ternant has at length openly hoisted the flag

of monarchy by going into deep mourning for his prince. I suspect he

thinks a cessation of his visits to me a necessary accompaniment to this

pious duty. A connection between him and Hamilton seems to be springing

up. On observing that Duer was Secretary to the old Board of Treasury, I

suspect him to have been the person who suggested to Hamilton the letter

of mine to that board, which he so tortured in his Catullus. Dunlop has

refused to print the piece which we had heard of before your departure,

and it has been several days in Bache's hands, without any notice of it.

The President will leave this about the 27th instant, and return about

the 20th of April. Adieu.

TO MAJOR GENERAL GATES.

Philadelphia, March 12, 1793.

Dear General,--During the invasion of Virginia in 1780 and 178--,

nearly the whole of the public records of that State were destroyed

by the British. The least valuable part of these happens to be the

most interesting to me, I mean the letters I had occasion to write to

the characters with whom my office in the Executive brought me into

correspondence. I am endeavoring to recover copies of my letters from the

hands to whom they were addressed, and have been happy to find this more

practicable than I had apprehended. While you commanded in the south, I

had occasion to write to you sometimes on the subject of our proceedings.

If you happen to have preserved these letters, you will particularly

oblige me by trusting me with them till I can have them copied, when the

originals shall be returned. If you could repose the same confidence in me

as to the letters you addressed to me, it would increase the obligation.

The whole shall be sacredly returned. I have been the more disposed to

trouble you on this occasion as it furnishes me a pretext of recalling

myself to your recollection, and an opportunity of expressing to you

assurances of the sincere esteem and respect with which I have the honor

to be, dear General, your sincere friend and servant.

TO GOUVERNEUR MORRIS.

Philadelphia, March 12, 1793.

Dear Sir,--Your Nos. 8 to 13, inclusive, have been duly received. I

am sensible that your situation must have been difficult during the

transition from the late form of government to the re-establishment

of some other legitimate authority, and that you may have been at a

loss to determine with whom business might be done. Nevertheless, when

principles are well understood, their application is less embarrassing.

We surely cannot deny to any nation that right whereon our own government

is founded, that every one may govern itself according to whatever form

it pleases, and change these forms at its own will; and that it may

transact its business with foreign nations through whatever organ it

thinks proper, whether King, Convention, Assembly, Committee, President,

or anything else it may choose. The will of the nation is the only thing

essential to be regarded. On the dissolution of the late constitution in

France, by removing so integral a part of it as the King, the National

Assembly, to whom a part only of the public authority had been delegated,

appear to have considered themselves as incompetent to transact the

affairs of the nation legitimately. They invited their fellow-citizens,

therefore, to appoint a National Convention. In conformity with this

their idea of the defective state of the national authority, you were

desired from hence to suspend further payments of our debt to France

till new orders, with an assurance, however, to the acting power, that

the suspension should not be continued a moment longer than should be

necessary for us to see the re-establishment of some person or body of

persons authorized to receive payment and give us a good acquittal; (if

you should find it necessary to give any assurance or explanation at all.)

In the meantime, we went on paying up the four millions of livres which

had been destined by the last constituted authorities to the relief of

St. Domingo. Before this was completed, we received information that a

National Assembly had met, with full powers to transact the affairs of

the nation, and soon afterwards, the minister of France here presented an

application for three millions of livres, to be laid out in provisions to

be sent to France. Urged by the strongest attachment to that country, and

thinking it even providential that moneys lent to us in distress could

be re-paid under like circumstances, we had no hesitation to comply with

the application, and arrangements are accordingly taken, for furnishing

this sum at epochs accommodated to the demand and our means of paying

it. We suppose this will rather overpay the instalments and interest due

on the loans of eighteen, six, and ten millions, to the end of 1792; and

we shall certainly use our utmost endeavors to make punctual payments

of the instalments and interest hereafter becoming exigible, and to omit

no opportunity of convincing that nation how cordially we wish to serve

them. Mutual good offices, mutual affection, and similar principles

of government, seem to destine the two nations for the most intimate

communion; and I cannot too much press it on you, to improve every

opportunity which may occur in the changeable scenes which are passing,

and to seize them as they occur, for placing our commerce with that nation

and its dependencies, on the freest and most encouraging footing possibly.

Besides what we have furnished publicly for the relief of St. Domingo,

individual merchants of the United States have carried considerable

supplies thither, which have been sometimes purchased, sometimes taken by

force, and bills given by the administration of the colony on the minister

here, which have been protested for want of funds. We have no doubt that

justice will be done to these our citizens, and that without a delay which

would be ruinous to them. We wish authority to be given to the minister

of France here to pay the just demands of our citizens, out of the moneys

he may receive from us.

During the fluctuating state of the _assignats_ of France, I must ask

the favor of you to inform me, in every letter, of the rate of exchange

between them and coin, this being necessary for the regulation of our

Custom Houses.

Congress closed its session on the 2d instant. You will see their acts in

the newspapers forwarded to you, and the body of them shall be sent as

soon as the octavo edition is printed. We are to hold a treaty with the

western Indians in the ensuing month of May, but not under very hopeful

auspices.

You will perceive by the newspapers, a remarkable fall in the price of

our public paper. This is owing chiefly to the extraordinary demand for

the produce of our country, and a temporary scarcity of cash to purchase

it. The merchants holding public paper are obliged to part with it at any

price, to raise money.

I sent you, by the way of London, a dozen plans of the city of Washington

in the federal territory, hoping you would have them displayed to public

view where they would be most seen by those descriptions of men worthy

and likely to be attracted to it. Paris, Lyons, Rouen, and the sea port

towns of Havre, Nantes, Bordeaux and Marseilles, would be proper places

to send some of them. I trust to Mr. Taylor to forward you the newspapers

by every direct occasion to France. These are rare at all times, and

especially in the winter; and to send them through England would cost

too much in postage. To these circumstances, as well, probably, as to

some miscarriages, you must ascribe the length of intervals sometimes

experienced in the receipt of your papers.

I have the honor to be, with great esteem and respect, dear Sir, your most

obedient, and most humble servant.

TO GOUVERNEUR MORRIS.

Philadelphia, March 15, 1793.

Dear Sir,--The President has seen with satisfaction, that the ministers

of the United States in Europe, while they have avoided an useless

commitment of their nation on the subject of the Marquis de La Fayette,

have nevertheless shown themselves attentive to his situation. The

interest which the President himself, and our citizens in general, take

in the welfare of this gentleman, is great and sincere, and will entirely

justify all prudent efforts to serve him. I am therefore to desire, that

you will avail yourself of every opportunity of sounding the way towards

his liberation, of finding out whether those in whose power he is are

very tenacious of him, of insinuating through such channels as you shall

think suitable, the attentions of the government and people of the United

States to this object, and the interest they take in it, and of procuring

his liberation by informal solicitations, if possible. But if formal ones

be necessary, and the moment should arrive when you shall find that they

will be effectual, you are authorized to signify, through such channel as

you shall find suitable, that our government and nation, faithful in their

attachments to this gentleman for the services he has rendered them, feel

a lively interest in his welfare, and will view his liberation as a mark

of consideration and friendship for the United States, and as a new motive

for esteem and a reciprocation of kind offices towards the power to whom

they shall be indebted for this act.

A like letter being written to Mr. Pinckney, you will of course take care,

that however you may act through different channels, there be still a

sufficient degree of concert in your proceedings.

I am, with great and sincere esteem, dear Sir, your most obedient, and

most humble servant.

TO MR. PINCKNEY.

Philadelphia, March 16, 1793.

Dear Sir,--I wrote you on the 30th of December, and again a short letter

on the 1st of January, since which I have received yours of October the 2d

and 5th, November 6th and 9th, and December the 13th, 14th, 15th. I now

enclose you the Treasurer's second of exchange for twenty-four thousand

seven hundred and fifty guilders, to be employed in the purchase of copper

for the mint, from Sweden, or wherever else it can be got on the best

terms; the first of exchange having been enclosed in my letter of December

the 30th.

I am in hopes you will have been able to enter into proper arrangements

with the British minister for the protection of our seamen from

impressment, before the preparations for war shall have produced

inconvenience to them. While he regards so minutely the inconveniences to

themselves which may result from a due regulation of this practice, it is

just he should regard our inconveniences also, from the want of it. His

observations in your letter imply merely, that if they should abstain from

injuring us, it might be attended with inconvenience to themselves.

You ask, what should be your conduct, in case you should at any

time discover negotiations to be going on, which might eventually be

interesting to us? The nature of the particular case will point out what

measures, on your part, would be the most for our interest, and to your

discretion we must refer the taking such measures, without waiting for

instructions, where circumstances would not admit of such a delay. A

like necessity to act may arise on other occasions. In the changeable

scenes, for instance, which are passing in Europe, were a moment to offer

when you could obtain any advantage for our commerce, and especially in

the American colonies, you are desired to avail us of it to the best

advantage, and not to let the occasion slip by for want of previous

instruction.

You ask, what encouragements are given to emigrants by the several States?

No other than a permission to become citizens, and to participate of the

rights of citizens, except as to eligibility to certain offices in the

government. The rules, as to these, are not uniform in the States. I have

found it absolutely impracticable to obtain, even for my office, a regular

transmission of the laws of the several States: consequently, it would be

more so to furnish them to our ministers abroad. You will receive by this

or the first proper conveyance, those of Congress, passed at their last

session.

It is impossible for me to give any authority for the advance of moneys

to Mr. Wilson. Were we to do it in his case, we should, on the same

principles, be obliged to do it in several others wherein foreign nations

decline or delay doing justice to our citizens. No law of the United

States would cover such an act of the executive; and all we can do

legally, is, to give him all the aid which our patronage of his claims

with the British court, can effect.

With respect to the payment of your allowances, as the laws authorize the

payment of a given number of dollars to you, and as your duties place you

in London, I suppose we are to pay you _the dollars_ there, or other money

of equal value, estimated by the par of the metals. Such has, accordingly,

been the practice ever since the close of the war. Your powers to draw on

our bankers in Holland, will leave you the master of fixing your drafts

by this standard.

The transactions of Europe are now so interesting, that I should be

obliged to you, every week, to put the Leyden gazettes of the week under

cover to me; and put them into such ship's bags as shall be first coming

to any port north of North Carolina.

Mr. Barclay's death is just made known to us, and measures are taking in

consequence of it.

You will perceive by the newspapers, a remarkable fall in the price of

our public paper. This is owing chiefly to the extraordinary demand for

the produce of our country, and a temporary scarcity of cash to purchase

it. The merchants holding public paper are obliged to part with it at any

price, to raise money.

I am, with much respect, dear Sir, your most obedient, and most humble

servant.

TO ----[22]

Philadelphia, March 18, 1793.

Dear Sir,--I received your kind favor of the 26th ult., and thank you for

its contents as sincerely as if I could engage in what they propose. When

I first entered on the stage of public life (now twenty-four years ago),

I came to a resolution never to engage while in public office in any kind

of enterprise for the improvement of my fortune, nor to wear any other

character than that of a farmer. I have never departed from it in a single

instance; and I have in multiplied instances found myself happy in being

able to decide and to act as a public servant, clear of all interest,

in the multiform questions that have arisen, wherein I have seen others

embarrassed and biased by having got themselves into a more interested

situation. Thus I have thought myself richer in contentment than I should

have been with any increase of fortune. Certainly I should have been much

wealthier had I remained in that private condition which renders it lawful

and even laudable to use proper efforts to better it. However, my public

career is now closing, and I will go through on the principle on which

I have hitherto acted. But I feel myself under obligations to repeat my

thanks for this mark of your attention and friendship.

We have just received here the news of the decapitation of the King

of France. Should the present foment in Europe not produce republics

everywhere, it will at least soften the monarchical governments by

rendering monarchs amenable to punishment like other criminals, and doing

away that rages of insolence and oppression, the inviolability of the

King's person. We I hope shall adhere to our republican government, and

keep it to its original principles by narrowly watching it. I am, with

great and sincere affection, dear Sir, your friend and servant.

FOOTNOTE:

[22] [No address.]

TO COLONEL HUMPHREYS.

Philadelphia, March 21, 1793.

Sir,--The death of Admiral Paul Jones first, and afterwards of Mr.

Barclay, to whom the mission to Algiers, explained in the enclosed

papers, was successively confided, have led the President to desire you

to undertake the execution of it in person. These papers, being copies of

what had been delivered to them, will serve as your guide. But Mr. Barclay

having been also charged with a mission to Morocco, it will be necessary

to give you some trouble with respect to that also.

Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first

to receive from Mr. Pinckney in London any papers or information, which

his agency in the Algerine business may have enabled him to communicate

to you: he will then proceed to deliver the whole to you, and accompany

and aid you in the character of secretary.

It is thought necessary that you should, in the first instance, settle Mr.

Barclay's accounts respecting the Morocco mission, which will probably

render it necessary that you should go to Gibraltar. The communications

you have had with Mr. Barclay in this mission, will assist you in your

endeavors at a settlement. You know the sum received by Mr. Barclay on

that account, and we wish as exact a statement as can be made of the

manner in which it has been laid out, and what part of its proceeds is

now on hand. You will be pleased to make an inventory of these proceeds

now existing. If they or any part of them can be used for the Algerine

mission, we would have you by all means apply them to that use, debiting

the Algerine fund and crediting that of Morocco with the amount of such

application. If they cannot be so used, then dispose of the perishable

articles to the best advantage, and if you can sell those not perishable

for what they cost, do so, and what you cannot so sell, deposit in any

safe place under your own power. In this last stage of the business,

return us an exact account, 1. Of the specific articles remaining on hand

for that mission, and their value. 2. Of its cash on hand. 3. Of any money

which may be due to or from Mr. Barclay or any other person on account of

this mission; and take measures for replacing the clear balance of cash

in the hands of Messrs. W. and J. Willincks, and Nicholas and Jacob Van

Staphorsts and Hubbard.

This matter being settled, you will be pleased to proceed on the mission

to Algiers. This you will do by the way of Madrid, if you think any

information you can get from Mr. Carmichael or any other, may be an

equivalent for the trouble, expense and delay of the journey. If not,

proceed in whatever other way you please to Algiers.

Proper powers and credentials for you, addressed to that government, are

herewith enclosed. The instructions first given to Admiral Paul Jones are

so full that no others need be added, except a qualification in one single

article, to wit: should that government finally reject peace on the terms

in _money_, to which you are authorized to go, you may offer to make the

first payments for peace and that for ransom in _naval stores_, reserving

the right to make the subsequent annual payments in money.

You are to be allowed your travelling expenses, your salary as minister

resident in Portugal going on. Those expenses must be debited to the

Algerine mission, and not carried into your ordinary account as resident.

Mr. Cutting is allowed one hundred dollars a month, and his expenses,

which, as soon as he joins you, will of course be consolidated with yours.

We have made choice of him as particularly qualified to aid, under your

direction, in the matters of account, with which he is well acquainted.

He receives here an advance of one thousand dollars, by a draft on our

bankers in Holland, in whose hands the fund is deposited. This, and all

other sums furnished him, to be debited to the Algerine fund. I enclose

you a letter to our bankers giving you complete authority over these

funds, which you had better send with your first draft, though I send a

copy of it from hence by another opportunity.

This business being done, you will be pleased to return to Lisbon, and

to keep yourself and us, thereafter, well informed of the transactions

in Morocco; and as soon as you shall find that the succession to

that government is settled and staple, so that we may know to whom a

commissioner may be addressed, be so good as to give us the information,

that we may take measures in consequence.

I have the honor to be, with much respect, Sir, your most obedient, and

most humble servant.

TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA.

Philadelphia, March 21, 1793.

Sir,--Present appearances in Europe rendering a general war there

probable, I am to desire your particular attention to all the indications

of it, and on the first imminent symptoms of rupture among the maritime

powers, to put our vessels on their guard. In the same event the patronage

of our Consuls will be particularly requisite to secure to our vessels

the right of neutrality, and protect them against all invasions of it.

You will be pleased, also, in the same case, to give no countenance to

the usurpation of our flag by foreign vessels, but rather, indeed, to aid

in detecting it, as without bringing to us any advantage, the usurpation

will tend to commit us with the belligerent powers, and to subject

those vessels which are truly ours to harassing scrutinies in order to

distinguish them from the counterfeits.

The law requiring the Consuls of the United States to give bond with

two or more good sureties for the faithful performance of their duties,

I enclose you a blank bond for that purpose. According to a standing

regulation which places our Consuls in Europe in relation with the

Minister of the United States in the same country with them, if there be

one, and if none, then with their minister in Paris, and our Consuls in

America in immediate relation with the Secretary of State, you will be

pleased to have your sureties approved by the person to whom you stand

thus referred, and to send the bond when executed, by a safe conveyance,

to the Secretary of State, to be disposed of according to law; and this

with all the expedition the case will admit, provided this should not

have been done before. A set of the laws of the United States is likewise

herewith enclosed, together with a copy of a former circular letter,

intended as a standing instruction to our Consuls.

I am, with esteem, Sir, your most obedient, and most humble servant.

TO COLONEL DAVID.

Philadelphia, March 22, 1793.

Dear Sir,--I thank you sincerely for your friendly letter of January 8.

Particular circumstances have forced me to protract awhile my departure

from office, which, however, will take place in the course of the year.

Continue, therefore, if you please, the general address of your letters,

to "The Secretary of State," &c., as recommended. Be assured that I

shall carry into retirement and retain the most affectionate sentiments

towards you. I am, in truth, worn down with drudgery, and while every

circumstance relative to my private affairs calls imperiously for my

return to them, not a single one exists which could render tolerable

a continuation in public life. I do not wonder that Captain O'Bryan

has lost patience under his long-continued captivity, and that he may

suppose some of the public servants have neglected him and his brethren.

He may possibly have imputed neglect to me, because a forbearance to

correspond with him would have that appearance, though it was dictated by

the single apprehension, that if he received letters from me as Minister

Plenipotentiary of the United States at Paris, or as Secretary of State,

it would increase the expectations of the captors, and raise the ransom

beyond what his countrymen would be disposed to give, and so end in their

perpetual captivity. But, in truth, I have labored for them constantly

and zealously in every situation in which I have been placed. In the

first moment of their captivity, I first proposed to Mr. Adams to take

upon ourselves their ransom, though unauthorized by Congress. I proposed

to Congress and obtained their permission to employ the Order of Mercy in

France for their ransom, but never could obtain orders for the money till

just as I was leaving France, and was obliged to turn the matter over to

Mr. Short. As soon as I came here I laid the matter before the President

and Congress in two long reports, but Congress could not decide till the

beginning of 1792, and then clogged their ransom by a previous requisition

of peace. The unfortunate death of two successive commissioners have

still retarded their relief, and even should they be now relieved, will

probably deprive me of the gratification of seeing my endeavors for them

crowned at length with success by their arrival when I am here. It would,

indeed, be grating to me if, after all, I should be supposed by them to

have been indifferent to their situation. I will ask of your friendship

to do me justice in their eyes, that to the pain I have already felt

for them, may not be added that of their dissatisfaction. I explained my

proceedings on their behalf to a Dr. Warner, whom I saw at Paris, on his

way to Algiers, and particularly the reason why I did not answer O'Bryan's

letter. I desired him to communicate it to Captain O'Bryan. But I did not

know whether he did it. I think it more probable that Mr. Carmichael will

impute to me also an event which must take place this year. In truth,

it is so extraordinary a circumstance, that a public agent placed in a

foreign court for the purpose of correspondence, should, in three years,

have found means to get but one letter to us, that he must himself be

sensible that if he could have sent us letters, he ought to be recalled

as negligent, and if he could not, he ought to be recalled as useless.

I have, nevertheless, procured his continuance, in order to give him an

opportunity which occurred of his rendering a sensible service to his

country, and thereby drawing some degree of favor on his return.

Wishing you every circumstance of success and happiness, I am, with great

esteem, dear Sir, your sincere friend and servant.

TO COLONEL HUMPHREYS.

Philadelphia, March 22, 1793.

Dear Sir,--I have to acknowledge the receipt of your letters from No. 60

to 67, inclusive. You cannot be too vigilant against any such treaty as

that mentioned in No. 60, which, by giving the exclusive supply of wheat

to Naples, would altogether debar the United States from it. This would

bear so hard on us, that not only an exclusion of their wines from the

United States ought to be expected on their part, but every other measure

which might open to us a market _in any other part of the world_, however

Portugal might be affected by it. And I must forever repeat it, that,

instead of excluding our _wheat_, we must continue to hope that they will

open their ports to our _flour_, and that you will continue to use your

efforts, on every good occasion, to obtain this without waiting for a

treaty.

As there appears at present a probability of a very general war in Europe,

you will be pleased to be particularly attentive to preserve for our

vessels all the rights of neutrality, and to endeavor that our flag be not

usurped by others to procure to themselves the benefits of our neutrality.

This usurpation tends to commit us with foreign nations, to subject those

vessels truly ours to rigorous scrutinies and delays, to distinguish them

from counterfeits, and to take the business of transportation out of our

hands.

Continue, if you please, your intelligence relative to the affairs of

Spain, from whence we learn nothing but through you; to which it will be

acceptable that you add leading events from other countries, as we have

several times received important facts through you, even from London,

sooner than they have come from London directly.

The letters enclosed for Mr. Carmichael and Mr. Short are of a very secret

nature. If you go by Madrid, you will be the bearer of them yourself;

if not, it would be better to retain them than to send them by any

conveyance which does not command your entire confidence. I have never

yet had a letter from Mr. Carmichael but the one you brought from Madrid.

A particular circumstance will occasion forbearance yet a little longer.

Captain Cutting will bring you a copy of the laws of the last session of

Congress, and of the gazettes to the time of his departure.

Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe

it will be safer that I direct letters for you, during your absence, to

Messrs. Bulkeley and Son, with whom you will leave what directions on the

subject you shall think proper.

I am, with great and sincere esteem and respect, dear Sir, your most

obedient, and most humble servant.

TO MESSRS. CARMICHAEL AND SHORT.[23]

Philadelphia, March 23, 1793.

Gentlemen,--It is intimated to us in such a way as to attract our

attention, that France means to send a strong force early this spring

to offer independence to the Spanish American colonies, beginning with

those on the Mississippi; and that she will not object to the receiving

those on the east side into our confederation. Interesting considerations

require, that we should keep ourselves free to act in this case according

to circumstances, and consequently, that you should not, by any clause of

treaty, bind us to guarantee any of the Spanish colonies against their own

independence, nor indeed against any other nation. For when we thought

we might guarantee Louisiana, on their ceding the Floridas to us, we

apprehended it would be seized by Great Britain, who would thus completely

encircle us with her colonies and fleets. This danger is now removed

by the concert between Great Britain and Spain; and the times will soon

enough give independence, and consequently free commerce to our neighbors,

without our risking the involving ourselves in a war for them.

I am, with great respect and esteem, your most obedient humble servant.

[24]The above meets the approbation of

George Washington.

FOOTNOTES:

[23] [This letter was in cypher, but a literal copy of it preserved.]

[24] [This is in the handwriting of General Washington.]

TO MR. DUMAS.

Philadelphia, March 24, 1793.

Dear Sir,--I have to acknowledge the receipt of your favors of September

20, March 13, and Jan. 9. I shall hope your continuance to send us the

Leyden Gazette as usual, but all the other gazettes which you have

hitherto usually sent, may be discontinued. The scene in Europe is

becoming very interesting. Amidst the confusion of a general war which

seems to be threatening that quarter of the globe, we hope to be permitted

to preserve the line of neutrality. We wish not to meddle with the

internal affairs of any country, nor with the general affairs of Europe.

Peace with all nations, and the right which that gives us with respect

to all nations, are our object. It will be necessary for all our public

agents to exert themselves with vigilance for securing to our vessels

all the rights of neutrality, and from preventing the vessels of other

nations from usurping our flag. This usurpation tends to commit us with

the belligerent power, to draw on those vessels truly ours, vigorous

visitations to distinguish them from the counterfeits, and to take

business from us. I recommend these objects to you. I have done the same

to Mr. Greenleaf, lately appointed our Consul at Amsterdam. Be so good

as to remember to send your account immediately after the 30th of June.

I forward for you to Mr. Pinckney a copy of the laws of the late session

of Congress; and am, with sincere esteem, dear Sir, your most obedient

humble servant.

TO COLONEL HAMILTON.

Philadelphia, March 27, 1793.

Sir,--In compliance with the desire you expressed, I shall endeavor to

give you the view I had of the destination of the loan of three millions

of florins, obtained by our bankers in Amsterdam, previous to the acts

of the 4th and 12th of August, 1790, when it was proposed to adopt it

under those acts. I am encouraged to do this by the degree of certainty

with which I can do it, happening to possess an official paper wherein

I had committed to writing some thoughts on the subject, at the time,

that is to say, on the 26th of August, 1790. The general plan presented

to view, according to my comprehension of it, in your report and draught

of instructions, was, 1, to borrow, on proper terms, such a sum of money

as might answer all demands for principal and interest of the foreign

debt due to the end of 1791; 2, to consider two of the three millions of

florins already borrowed as if borrowed under the act of August 4, and

so far an execution of the operation before mentioned; 3, to consider

the third million of florins so borrowed as if borrowed under the act of

the 12th of August, and so far an execution of the powers given to the

President to borrow two millions of dollars for the purchase of the public

debt. I remember that the million of dollars surplus of the domestic

revenues, appropriated to the purchase of the public debt, appeared to me

sufficient for that purpose _here_, for probably a considerable time. I

thought, therefore, if any part of the three millions of florins were to

be placed under the act of the 12th of August, that it should rather be

employed in purchasing our _foreign paper_ at the market of Amsterdam.

I had myself observed the different degrees of estimation in which the

paper of different countries was held at that market, and wishing that our

credit there might always be of the first order, I thought a moderate sum

kept in readiness there to buy up any of our _foreign paper_, whenever

it should be offered below par, would keep it constantly to that mark,

and thereby establish for us a sound credit, where, of all places in the

world, it would be most important to have it.

The subject, however, not being with my department, and therefore having

no occasion afterwards to pay attention to it, it went out of my mind

altogether, till the late inquiries brought it forward again. On reading

the President's instructions of August 28, 1790 (two days later than the

paper before mentioned), as printed in your report of February 13, 1793,

in the form in which they were ultimately given to you, I observed that

he had therein neither confirmed _your_ sentiment of employing a part

of the money _here_, nor _mine_ of doing it _there_, in purchases of the

public debt: but had directed the application of the whole to the _foreign

debt_; and I inferred that he had done this on full and just deliberation,

well knowing he would have time enough to weigh the merits of the two

opinions, before the million of dollars would be examined _here_, or the

loans for the foreign debt would overrun their legal measure _there_. In

this inference, however, I might be mistaken; but I cannot be in the fact

that these instructions gave a sanction to neither opinion.

I have thus, Sir, stated to you the view I had of this subject in 1790,

and I have done it because you desired it. I did not take it up then as a

volunteer, nor should now have taken the trouble of recurring to it, but

at your request, as it is one in which I am not particularly concerned,

which I never had either the time or inclination to investigate, and on

which my opinion is of no importance.

I have the honor to be, with respect, Sir, your most obedient humble

servant.

TO J. MADISON.

Philadelphia, April 7, 1793.

We may now, I believe, give full credit to the accounts that war is

declared between France and England. The latter having ordered Chauvelen

to retire within eight days, the former seemed to consider it as too

unquestionable an evidence of an intention to go to war, to let the

advantage slip of her own readiness and the unreadiness of England. Hence,

I presume, the first declaration from France. A British packet is arrived;

but as yet we have nothing more than that she confirms the accounts of

war being declared. Genett not yet arrived. An impeachment is ordered here

against Nicholson, their Comptroller General, by a vote almost unanimous

of the House of Representatives. There is little doubt, I am told, that

much _mala fides_ will appear; but E. R. thinks he has barricaded himself

within the fences of the law.

* * * * *

Yours affectionately.

TO MR. HAMMOND.

Philadelphia, April 18, 1793.

Sir,--I have now the honor to enclose you the answer of the Attorney

General to my letter covering yours of March the 12th, on the case of

Hooper and Pagan, wherein he has stated the proceedings of Pagan for

obtaining a writ of error from the Supreme Court of the United States, for

revisal of the judgment of the inferior court pronounced against him; and

also, his opinion on the merits of the question, had the writ of error

been procured, and the merits thereby been brought into question. From

this statement you will be able to judge whether Pagan has, _bona fide_,

complied with the rule which requires that a foreigner, before he applies

for extraordinary interposition, should use his best endeavors to obtain

the justice he claims from the ordinary tribunals of the country. You

will perceive also, that had the writ been pressed for and obtained, and

the substantial justice of Pagan's claim thereby brought into discussion,

substantial justice would have been against him, according to the opinion

of the Attorney General, according to the uniform decisions of the courts

of the United States, even in the cases of their own citizens, and

according to the decision of this very case in the British provincial

court, where the evidence was taken and the trial first had. This does

not appear then to be one of those cases of gross and palpable wrong,

ascribable only to wickedness of the heart, and not to error of the head,

in the judges who have decided on it, and founding a claim of national

satisfaction. At least, that it is so, remains yet to be demonstrated.

The readiness with which the government of the United States has entered

into inquiries concerning the case of Mr. Pagan, even before that case

was ripe for their interposition, according to ordinary rules, will, I

hope, satisfy you that they would, with equal readiness, have done for

the redress of his case whatever the laws and Constitution would have

permitted them to do, had it appeared in the result that their courts had

been guilty of partiality or other gross wrong against Mr. Pagan. On the

contrary, it is hoped, that the marked attentions which have been shown to

him by the government of Massachusetts, as well as by that of the United

States, have evinced the most scrupulous dispositions to patronize and

effectuate his right, had right been on his side. I have the honor to be,

with due respect, Sir, your most humble servant.

[_The letter of the Attorney General, referred to in the preceding._]

TO THE SECRETARY OF STATE.

Philadelphia, April 12, 1793.

Sir,--You will perceive from the two letters marked A. and B. of which I

enclose copies, that the subject of Mr. Pagan has been for some time in my

view. The former of those letters being intended for you, and containing

a summary of facts, I determined to show it to Mr. Tilghman, who was

Pagan's counsel, before it was sent to you, in order that he might correct

any misstatement. This produced the latter letter from him to me; and I

have thought it more advisable to forward both of them to you, even in

the unfinished state of my own, than to reduce the case into a form which

might be supposed to be less accurate.

As I do not discover an essential difference between Mr. Tilghman and

myself, I shall not discuss any seeming variance, but proceed upon his

ideas.

It is too obvious to require a diffusive exposition, that the application

for a writ of error was not only prudent, but a duty in Pagan. To this Mr.

Tilghman explicitly assents, when he says that he was perfectly "satisfied

of the prudence of applying for the writ of error, as Pagan could not

complain of a defect of justice, until he had tried the writ of error and

found that mode ineffectual." This remark becomes the more important,

as it manifests that the process was not suggested as an expedient for

shifting any burthen from the government. Indeed I may with truth add,

that the proceedings, taken collectively, appeared to me to present

a sufficient intimation of the main question, to serve as a ground of

decision.

However, take the case under either aspect; as excluding the consideration

of the main question by an omission in the pleadings and record; or as

exhibiting it fully to the cognizance of the court.

It never was pretended that a writ of error ought to have been granted,

unless the matter was apparent on the record. Whose office was it to

make it thus apparent? Of the attorney who managed the pleadings. If,

therefore, he has failed to do so, we may presume that he considered

the ground untenable, or was guilty of inattention. Either presumption

would be fatal to a citizen of the United States; and the condition of a

foreigner cannot create a new measure in the administration of justice. It

is moreover certain, that those who have been consulted on Pagan's behalf,

as well as others, have seriously doubted whether a cause, which has been

pursued to the extent which his had reached before the commencement of

our new government, was susceptible of federal relief.

The last observation opens the inquiry, what remedy ought the Supreme

Court of the United States to have administered, even if the question had

been fairly before them? My opinion is, that the very merits are against

Mr. Pagan. In America, the construction of the armistice has been almost

universally to compute the places, within which different times were to

prevail, by latitude only. Am I misinformed, that such an interpretation

has been pressed by _our_ ministers, and not denied by those of London?

A second mode has been adopted, by describing a circle, and thereby

comprehending longitude as well as latitude; now let either rule be

adopted, and the position of the capture in this case will be adverse to

Pagan's pretensions.

But what can be exacted from our government, after repeated trials, before

various jurisdictions, none of which can be charged with any symptom

of impropriety, and upon a subject, which, to say no more, is at least

equipoised? Nothing; and I appeal to the British reasoning on the Silesia

loan, as supporting this sentiment, in the following passage: "The law of

nations, founded upon justice, equity, convenience and the reason of the

thing, and confirmed by long usage, does not allow of reprisals, except

in case of violent injuries directed and supported by the State, and

justice absolutely denied, in _re minime dubia_, by all the tribunals,

and afterwards by the prince." Where the judges are left free, and give

sentence according to their consciences, "though it should be erroneous,

that would be no ground for reprisals. Upon doubtful questions, different

men think and judge differently; and all a friend can desire is, that

justice should be as impartially administered to him, as it is to the

subjects of that prince, in whose courts the matter is tried." Under such

circumstances, a citizen must acquiesce. So therefore must Pagan; against

whom even the court of Nova Scotia, within the dominions of his sovereign,

has once decided.

There are many smaller points, arising from the controversy, which might

be relied on. But I pass them over, from a hope that the observations

already made will induce you to think with me, that government is not

bound to interpose farther in the behalf of Pagan. I have the honor, Sir,

to be, with respect and esteem, your most obedient servant,

Edmond Randolph.

TO MR. PINCKNEY.

Philadelphia, April 20, 1793.

Dear Sir,--In a postscript to my letter of the 12th, I acknowledged the

receipt of yours of January the 3d; since which, those of January the 30th

and February the 5th have been received by the William Penn.

With respect to our negotiation with Mr. Hammond, it is exactly in the

state in which it was when you left America, not one single word having

been received in reply to my general answer, of which you had a copy. He

says, he waits for instructions, which he pretends to expect from packet

to packet. But sometimes the ministers are all in the country, sometimes

they are absorbed in negotiations nearer home, sometimes it is the hurry

of impending war, or attention to other objects, the stock of which is

inexhaustible, and can therefore never fail those who desire nothing but

that things shall rest as they are. Perhaps, however, the present times

may hasten justice.

We shall be glad to receive the assayer you hope to procure, as soon as

possible, for we cannot get one in this country equal to the business in

all its parts. With respect to Mr. Drost, we retain the same desire to

engage him, but we are forced to require an immediate decision, as the

officer employed in the interim, and who does tolerably well, will not

continue much longer under an uncertainty of permanent employment. I must

therefore desire you to press Mr. Morris to bring Drost to an immediate

determination; and we place the matter on this ground with him, that if he

is not embarked by the first day of July next, we shall give a permanent

commission to the present officer, and be free to receive no other. We

are likely to be in very great distress for copper for the mint, and must

therefore press your expediting what we desired you to order from Sweden.

You may, on every occasion, give assurances which cannot go beyond the

real desires of this country, to preserve a fair neutrality in the present

war, on condition that the rights of neutral nations are respected in

us, as they have been settled in _modern_ times, either by the express

declarations of the powers of Europe, or their adoption of them on

particular occasions. From our treaties with France and Holland, and

that of England and France, a very clear and simple line of conduct can

be marked out for us, and I think we are not unreasonable in expecting

that England shall recognize towards us the same principles which she has

stipulated to recognize towards France, in a state of neutrality.

I have the honor to be, with great and sincere esteem, dear Sir, your most

obedient, and most humble servant.

TO MR. VAN BERCKEL.

Philadelphia, April 23d, 1793.

Sir,--As far as the public gazettes are to be credited, we may presume

that war has taken place among several of the nations of Europe, in

which France, England, Holland and Russia, are particularly engaged.

Disposed, as the United States are, to pursue steadily the ways of peace,

and to remain in friendship with all nations, the President has thought

it expedient, by Proclamation, of which I enclose you a copy, to notify

this disposition to our citizens, in order to intimate to them the line

of conduct for which they are to prepare; and this he has done without

waiting for a formal notification from the belligerent Powers. He hopes

that those Powers and your nation in particular, will consider this early

precaution as a proof, the more candid, as it has been unasked, for the

sincere and impartial intentions of our country, and that what is meant

merely as a general intimation to our citizens, shall not be construed

to their prejudice in any Courts of Admiralty, as if it were conclusive

evidence of their knowledge of the existence of war, and of the Powers

engaged in it. Of this we could not give them conclusive information,

because we have it not ourselves; and till it is given us in form, and

so communicated to them, we must consider all their acts as lawful, which

would have been lawful in a state of peace. I have the honor to be, with

great respect, Sir, your most obedient, and most humble servant.

CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT.

Philadelphia, April 26, 1793.

Sir,--The public papers giving us reason to believe that the war is

becoming nearly general in Europe, and that it has already involved

nations with which we are in daily habits of commerce and friendship,

the President has thought it proper to issue the proclamation of which

I enclose you a copy, in order to mark out to our citizens the line of

conduct they are to pursue. That this intimation, however, might not work

to their prejudice, by being produced against them as conclusive evidence

of their knowledge of the existence of war and of the nations engaged in

it, in any case where they might be drawn into courts of justice for acts

done without that knowledge, it has been thought necessary to write to

the representatives of the belligerent powers here, the letter of which

a copy is also enclosed, reserving to our citizens those immunities to

which they are entitled, till authentic information shall be given to

our government by the parties at war, and be thus communicated, with

due certainty, to our citizens. You will be pleased to present to the

government where you reside, this proceeding of the President, as a

proof of the earnest desire of the United States to preserve peace and

friendship with all the belligerent powers, and to express his expectation

that they will in return extend a scrupulous and effectual protection to

all our citizens, wheresoever they may need it, in pursuing their lawful

and peaceable concerns with their subjects, or within their jurisdiction.

You will, at the same time, assure them that the most exact reciprocation

of this benefit shall be practised by us towards their subjects, in the

like cases.

I have the honor to be, with great esteem and respect, Sir, your most

obedient, and most humble servant.

TO M. DE TERNANT.

Philadelphia, April 27, 1793.

Sir,--Your letter of the 13th instant, asking moneys to answer the

expenses and salaries of the consular offices of France, has been duly

laid before the President, and his directions thereon taken.

I have in consequence to observe to you, that before the new government

of France had time to attend to things on this side the Atlantic, and

to provide a deposit of money for their purposes here, there appeared a

degree of necessity that we, as the friends and debtors of that nation,

should keep their affairs from suffering, by furnishing money for

urgent purposes. This obliged us to take on ourselves to judge of the

purpose, because, on the soundness of that, we were to depend for our

justification. Hence we furnished moneys for their colonies and their

agents here, without express authority, judging from the importance and

necessity of the case, that they would approve of our interference.

But this kind of necessity is now at an end; the government has

established a deposit of money in the hands of their minister here, and

we have nothing now to do but to furnish the money, which we are in the

course of doing, without looking into the purposes to which it is to be

applied. Their minister is to be the judge of these, and to pay it to whom

and for what he pleases.

If it be urged that they have appropriated all the money we are furnishing

to other objects, that you are not authorized to divert any of it to

any other purpose, and therefore that you _need a further sum_, it may

be answered that it will not lessen the stretch of authority to add

an _unauthorized payment by us_ to an _unauthorized application_ by

you, and that it seems fitter that their minister should exercise a

discretion over their appropriations, standing, as he does, in a place of

confidence, authority, and responsibility, than we who are strangers, and

unamenable to them. It is a respect we owe to their authority to leave

to those acting under that, the transactions of their affairs, without an

intermeddling on our part which might justly appear officious.

In this point of light, I hope you will view our conduct, and that the

consular officers will be sensible that in referring them to your care,

under which the national authority has placed them, we do but conform

ourselves to that authority. I have the honor to be, with sentiments

of great respect and esteem, Sir, your most obedient, and most humble

servant.

TO THE SECRETARY OF THE TREASURY.

Philadelphia, May 1, 1793.

Sir,--When you mentioned to me yesterday that M. de Ternant proposed to

apply for a sum of money, and founded himself on a letter of mine which

gave him reason to expect it, I thought I could not have written such a

letter, because I did not recollect it, and because it was out of the plan

which you know had been adopted, that when we furnished one sum of money

we should avoid promising another. I have now most carefully examined all

my letters to M. de Ternant, as far back as March 7, 1792, the date of

the first on the subject of furnishing money, and can assure you there is

not a word in one of them which can be construed into a promise, expressed

or implied, relative to the present subject, or which can have committed

the government in the smallest degree to a departure from the rules it

has laid down. I am equally confident that I have never said a word which

could do it. Upon the ground, therefore, of any such commitment by me,

the proposition will not be supported. With respect to these applications

in general, they were of course to pass through me; but I have considered

them as depending too much on the arrangements of your department to

permit myself to take and be tenacious of any particular ground other than

that, whatever rule we adopt, it be plain and persevered in uniformly in

all cases where the material circumstances are the same, so that we never

refuse to one what has been done for another. It is and ever has been my

opinion and wish that we should gratify the diplomatic gentlemen in every

way in which we can do it without too great inconvenience or commitment of

our own government. I think it our interest to do so; and am under this

impression in the present case so much, that I should readily concur, if

it be the pleasure of the President, in reconsidering the rule adopted on

a late occasion, and substituting any other consistent with our public

duties, more adapted to the gratification of the diplomatic gentlemen,

and uniformly to be applied where the material circumstances shall be the

same; for it would reverse our aim were we to put ourselves in the case

of disobliging one by refusing what we have done to gratify another. In

these sentiments, I will hand to the President any application which M.

de Ternant shall think proper to communicate to me in writing. I have the

honor to be, with great respect, Sir, your most obedient humble servant.

TO M. DE TERNANT.

Philadelphia, May 3, 1793.

Sir,--The Minister Plenipotentiary of his Britannic Majesty has

represented to the government of the United States, that on the 25th of

April last, the British ship Grange, while lying at anchor in the bay of

Delaware, within the territory and jurisdiction of the United States, was

taken possession of by the Embuscade, a frigate of the French Republic,

has been brought to this port, where she is now detained as prize, and the

crew as prisoners, and has made a requisition in form, for a restoration

of the vessel and liberation of the crew. I have the honor to furnish

you with copies of the evidence given in by the British minister, and

to observe, that the United States being at peace with all parties,

cannot see with indifference its territory or jurisdiction violated by

either; that the government will therefore proceed to inquire into the

facts, and for that purpose will receive with pleasure, and consider with

impartiality, any evidence you will be pleased to have them furnished

with on the subject; and the President hopes that you will take effectual

measures for detaining here the vessel taken, her crew and cargo, to

abide the decision which will be made thereon, and which is desired to be

without delay.

I have the honor to be, with great respect, Sir, your most obedient, and

most humble servant.

TO COLONEL MONROE.

Philadelphia, May 5, 1793.

Dear Sir,--The expectation that you are always from home prevents my

writing to you with regularity; a matter of little consequence to you, as

you probably receive Freneau's paper regularly, and consequently all the

news of any importance.

The fiscal party having tricked the House of Representatives out of the

negative vote they obtained, seem determined not to lose the ground they

gained by entering the lists again on matters of fact and reason; they

therefore preserve a triumphant silence, notwithstanding the attack

of the pamphlet entitled "An Examination Se-and-of-Timon." They show

their wisdom in this, if not their honesty. The war between France and

England seems to be producing an effect not contemplated. All the old

spirit of 1776, rekindling the newspapers from Boston to Charleston,

proves this; and even the monocrat papers are obliged to publish the

most furious philippics against England. A French frigate took a British

prize off the capes of Delaware the other day, and sent her up here.

Upon her coming into sight, thousands and thousands of the _yeomanry_ of

the city crowded and covered the wharves. Never before was such a crowd

seen there; and when the British colors were seen _reversed_, and the

French flying above them, they burst into peals of exultation. I wish

we may be able to repress the spirit of the people within the limits

of a fair neutrality. In the meantime, H. is panic-struck, if we refuse

our breach to every kick which Great Britain may choose to give it. He

is for proclaiming at once the most abject principles, such as would

invite and merit habitual insults; and indeed every inch of ground must

be fought in our councils to desperation, in order to hold up the face

of even a sneaking neutrality, for our votes are generally two and a

half against one and a half. Some propositions have come from him which

would astonish Mr. Pitt himself with their boldness. If we preserve even

a sneaking neutrality, we shall be indebted for it to the President, and

not to his counsellors. Immense bankruptcies have taken place in England.

The last advices made them amount to eleven millions sterling, and still

going on. Of the houses connected with America, they have fallen only

on those who had dealt in American paper. The beginning of the business

was from the alarm occasioned by the war, which induced cautious people

to withdraw their money from the country banks. This induced the Bank of

England to stop discounting, which brought on a general crush, which was

still going on. It is said that two millions of manufacturers would be

put out of employ by these failures. This is probably exaggerated. The

stocks are very low here now, and an immense mass of paper is expected

to be returned immediately from England, so that they will be still

lower. Notwithstanding this, the sinking fund is idle, not having had

a shilling to lay out (except the interest of the part sunk). You will

see in Freneau's next paper, a most advantageous decree of the French

National Assembly in our favor. They have lately sustained some severe

checks. The papers will confuse you on the subject. The truth is, that

in a combination of three operations, Clairfayt killed and wounded 1,400,

took 600. Saxe Cobourg killed and wounded 4,000, and took 1,600. Brunswick

killed and wounded 1,300, and took 700. This is the sum. Their defects

are as sensibly felt at Philadelphia as at Paris, and I foresee we are to

have a trying campaign of it. Great Britain has as yet not condescended to

notice us in any way. No wish expressed of her neutrality, no answer of

any kind to a single complaint for the daily violations committed on our

sailors and ships. Indeed, we promise beforehand so fast that she has not

time to ask anything. We expect Genet daily. When Ternant received certain

account of his appointment, thinking he had nothing further to hope from

the Jacobins, he that very day found out something to be offended at in

me (in which I had been made _ex officio_ the ostensible agent in what

came from another quarter, and he has never been undeceived), attached

himself intimately to Hamilton, put on mourning for the King, and became

a perfect counter revolutioner. A few days ago, he received a letter

from Genet, giving him a hope that they will employ him in the army. On

this, he tacked about again, became a Jacobin, and refused to present the

Viscount Noailles, and some French aristocrats arrived here. From what I

learn from Noailles, La Fayette has been more imprudent than I expected,

but certainly innocent.

Present my best affections to Mrs. Monroe, and accept them for yourself

also. Yours sincerely.

TO MR. PINCKNEY.

Philadelphia, May 7, 1793.

Dear Sir,--Since my letter of April the 16th, yours have been received of

March the 12th, 12th, 13th, 13th, and 19th. Before the receipt of these,

one of which covered the form of your passports, it had been determined

here, that passports should be issued in _our own ports_ only, as well

to secure us against those collusions which would be fraudulent towards

our friends, and would introduce a competition injurious to our own

vessels, as to induce these to remain in our own service, and thereby

give to the productions of our own soil the protection of its own flag

in its passage to foreign markets. As our citizens are free to purchase

and use _foreign-built_ vessels, and these, like all their other lawful

property, are entitled to the protection of their government, passports

will be issued to them as freely as to _home-built_ vessels. This is

strictly within our treaties, the letter of which, as well as their

spirit, authorizes passports to all vessels _belonging_ to citizens of

the United States. Our laws, indeed, indulge home-built vessels with

the payment of a lower tonnage, and to evidence their right to this,

permit them alone to take out registers from our own offices; but they do

not exclude foreign-built vessels owned by our citizens from any other

right. As our home built vessels are adequate to but a small proportion

of our transportation, if we could not suddenly augment the stock of our

shipping, our produce would be subject to war insurance in the vessels of

the belligerent powers, though we remain at peace ourselves.

In one of your letters of March the 13th, you express your apprehension

that some of the belligerent powers may stop our vessels going with grain

to the ports of their enemies, and ask instructions which may meet the

question in various points of view, intending, however, in the meantime,

to contend for the amplest freedom of neutral nations. Your intention

in this is perfectly proper, and coincides with the ideas of our own

government in the particular case you put, as in general cases. Such a

stoppage to an unblockaded port would be so unequivocal an infringement

of the neutral rights, that we cannot conceive it will be attempted.

With respect to our conduct as a neutral nation, it is marked out in our

treaties with France and Holland, two of the belligerent powers; and as

the duties of neutrality require an _equal_ conduct to both parties,

we should, on that ground, act on the same principles towards Great

Britain. We presume that this would be satisfactory to her because of

its equality, and because she too has sanctioned the same principles in

her treaty with France. Even our seventeenth article with France, which

might be disagreeable, as from its nature it is unequal, is adopted

exactly by Great Britain in her fortieth article with the same power, and

would have laid her, in a like case, under the same unequal obligations

against us. We wish then, that it could be arranged with Great Britain,

that our treaties with France and Holland, and that of France and Great

Britain (which agree in what respects neutral nations), should form the

line of conduct for us all, in the present war, in the cases for which

they provide. Where they are silent, the general principles of the law

of nations must give the rule, as the principles of that law have been

liberalized in latter times by the refinement of manners and morals,

and evidenced by the declarations, stipulations, and practice of every

civilized nation. In our treaty with Prussia, indeed, we have gone ahead

of other nations, in doing away restraints on the commerce of peaceful

nations, by declaring that nothing shall be contraband. For in truth, in

the present improved state of the arts, when every country has such ample

means of procuring arms within and without itself, the regulations of

contraband answer no other end than to draw other nations into the war.

However, as other nations have not given sanction to this improvement, we

claim it, at present, with Prussia alone.

You are desired to persevere till you obtain a regulation to guard our

vessels from having their hands impressed, and to inhibit the British

navy officers from taking them under the pretext of their being British

subjects. There appears but one practical rule, that the vessel being

American, shall be conclusive evidence that the hands are so to a certain

number, proportioned to her tonnage. Not more than one or two officers

shall be permitted to visit a vessel. Mr. Albion Coxe has just arrived.

I have the honor to be, with great and sincere esteem, dear Sir, your most

obedient, and most humble servant.

TO E. RANDOLPH.

May 8, 1793.

I have been still reflecting on the draft of letter from the Secretary

of the Treasury to the custom house officers, instructing them to be on

the watch as to all infractions or tendencies to infraction of the laws

of neutrality by our citizens, and to communicate the same to him. When

this paper was first communicated to me, though the whole of it struck me

disagreeably, I did not in the first moment see clearly the improprieties

but of the last clause. The more I have reflected, the more objectionable

the whole appears. By this proposal the collectors of the customs are to

be made an established corps of spies or informers against their fellow

citizens, whose actions they are to watch in secret, inform against in

secret to the Secretary of the Treasury, who is to communicate it to the

President. If the action and evidence appear to justify a prosecution,

a prosecution is to be set on foot on the _secret information of a

collector_. If it will not justify it, then the only consequence is that

the mind of government has been poisoned against a citizen, neither

known nor suspecting it, and perhaps too distant to bring forward his

justification. This will at least furnish the collector with a convenient

weapon to keep down a rival, draw a cloud over an inconvenient censor, or

satisfy mere malice and private enmity. The object of this new institution

is to be to prevent infractions of the laws of neutrality, and preserve

our peace with foreign nations. Acts involving war, or proceedings which

respect foreign nations, seem to belong either to the department of

war, or to that which is charged with the affairs of foreign nations;

but I cannot possibly conceive how the superintendence of the laws of

neutrality, or the preservation of our peace with foreign nations, can be

ascribed to the department of the treasury, which I suppose to comprehend

merely matters of revenue. It would be to add a new and a large field to a

department already amply provided with business, patronage, and influence.

It was urged as a reason that the collectors of the customs are in

convenient positions for this espionage. They are in convenient positions

too for building ships of war; but will that business be transplanted from

its department, merely because it can be conveniently done in another?

It seemed the desire that if this means was disapproved, some other

equivalent might be adopted. Though we consider the acts of a foreigner

making a captive within our limits, as an act of public hostility, and

therefore to be turned over to the military, rather than the civil power;

yet the acts of our own citizens infringing the laws of neutrality or

contemplating that, are offences against the ordinary laws and cognisable

by them. Grand juries are the constitutional inquisitors and informers of

the country, they are scattered everywhere, see everything, see it while

they suppose themselves mere private persons, and not with the prejudiced

eye of a permanent and systematic spy. Their information is on _oath_,

is public, it is in the vicinage of the party charged, and can be at once

refuted. These officers taken only occasionally from among the people, are

familiar to them, the office respected, and the experience of centuries

has shown that it is safely entrusted with our character, property and

liberty. A grand juror cannot carry on systematic persecution against

a neighbor whom he hates, because he is not permanent in the office.

The judges generally, by a charge, instruct the grand jurors in the

infractions of law which are to be noticed by them; and our judges are in

the habit of printing their charges in the newspapers. The judges, having

notice of the proclamation, will perceive that the occurrence of a foreign

war has brought into activity the laws of neutrality, as a part of the law

of the land. This new branch of the law they will know needs explanation

to the grand juries more than any other. They will study and define the

subjects to them and to the public. The public mind will by this be warned

against the acts which may endanger our peace, foreign nations will see a

much more respectable evidence of our _bona fide_ intentions to preserve

neutrality, and society will be relieved from the inquietude which must

forever be excited by the knowledge of the existence of such a poison

in it as secret accusation. It will be easy to suggest this matter to

the attention of the judges, and that alone puts the whole machine into

motion. The one is a familiar, impartial and precious instrument, the

other, not popular in its present functions, will be odious in the new

ones, and the odium will reach the Executive, who will be considered as

having planted a germ of private inquisition absolutely unknown to our

laws. I am not quite certain what was considered as agreed upon yesterday;

it cannot be too late, however, to suggest the substitution of the judges

and grand jurors in place of the collectors of the customs.

TO THE SECRETARY OF THE TREASURY.

Philadelphia, May 8, 1793.

Sir,--I had wished to have kept back the issuing passports for sea

vessels till the question should be decided whether the treaty with France

should be declared void, lest the issuing the passports presented by that

treaty might be considered as prejudging the question. The importunities,

however, of the owners obliging me to give out a few, I had them printed

in the Dutch form only. Not then having sufficiently considered on the

best mode of distributing them, I took the liberty, as an expedient of

the moment, of sending seven (the number of vessels then waiting in this

port) to Mr. Delaney, asking the favor of him to fill them up and deliver

them for me. Application for another parcel coming, and the applicant

not being able to wait himself till I could send them to be signed by the

President, he desired I would lodge them with Mr. Cox, on whom it would

be convenient for him to call for them. I did so; and afterwards sent a

second parcel of a dozen, which were pressingly requested. The President

having now decided that the French passport may also be used, it is at

this time in the press, and the whole instrument completed with the two

passports. Letters and certificate in its final form, will be ready for

signature to-morrow. It has therefore now become necessary to determine

on the ultimate channel of distributing them. I am not the judge whether

the task of distribution might interfere too much with the other duties of

the collectors of the customs. If it would not, their position seems best

accommodated to that distribution. I took the liberty, therefore, to-day,

of proposing to the President that, if you should think there would be no

inconvenience in charging them with the distribution, the blanks might

be lodged with them; of which he approved, and I have now the honor of

submitting that question to you. If you find no inconvenience in it, I

will send 500 blanks, as soon as they shall be signed, either to your

office or to that of the commissioners of the revenue, whichever you shall

prefer, to be forwarded to the collectors of the different ports; and from

time to time afterwards will keep up a supply. Should it, however, in your

opinion, interfere too much with the other duties of those officers, I

will submit to the President the depositing them with the deputy marshals

appointed, or to be appointed in every port.

I will ask the favor of your answer, as the applications are numerous and

pressing, and I am unwilling to be further troublesome to the gentlemen

who have hitherto been so kind as to fill up and deliver them for me till

some arrangement would be made which might relieve me personally from

a business with the details of which I was not acquainted. I have the

honor to be, with great respect. Sir, your most obedient, and most humble

servant.

TO J. MADISON.

May 13.

I wrote you on the 5th covering an open letter to Colonel Monroe, since

that I have received yours of April 29. We are going on here in the same

spirit still. The Anglophobia has seized violently on three members of

our council. This sets almost every day on questions of neutrality. H.

produced the other day the draft of a letter from himself to the collector

of the customs, giving them in charge to watch over all proceedings in

their district, contrary to the laws of neutrality or tending to impair

our peace with the belligerent powers, and particularly to observe if

vessels pierced for guns should be built, and to inform _him_ of it. This

was objected to, 1st. As setting up a system of espionage, destructive

of the peace of society. 2d. Transferring to the treasury department the

conservation of the laws of neutrality and peace with foreign nations.

3d. It was rather proposed to intimate to the judges that the laws

respecting neutrality being now come into activity, they should charge

grand juries with the observance of them; these being constitutional and

public informers, and the person accused knowing of what they should do,

and having an opportunity of justifying themselves. E. R. found out a hair

to split, which, as always happens, became the decision. H. is to write

to the collectors of the customs, who are to convey their information to

the attorney of the district, to whom E. R. is to write, to receive their

information and proceed by indictment. The clause respecting the building

vessels pierced for guns is to be omitted; for, though three against one,

thought it would be a breach of neutrality; yet they thought we might

defer giving a public opinion on it as yet. Everything, my dear Sir,

hangs upon the opinion of a single person, and that the most indecisive

one I ever had to do business with. He always contrives to agree in

principle with one, but in conclusion with the other. Anglophobia,

secret anti-gallomany, a federalisme outree, and a present ease in his

circumstances not usual, have decided the complexion of our dispositions,

and our proceedings towards the conspirators against human liberty, and

the asserters of it, which is unjustifiable in principle, in interest,

and in respect to the wishes of our constituents. A manly neutrality,

claiming the liberal rights ascribed to that condition by the very persons

at war, was the part we should have taken, and would I believe have given

satisfaction to our allies. If anything prevents its being a mere English

neutrality, it will be that the penchant of the President is not that

way, and above all, the ardent spirit of our constituents. The line is

now drawn so clearly as to show on one side, 1. The fashionable circles of

Philadelphia, New York, Boston and Charleston, (natural aristocrats.) 2.

Merchants trading on British capital. 3. Paper men, (all the old tories

are found in some one of the three descriptions.) On the other side

are, 1. Merchants trading on their own capital. 2. Irish merchants. 3.

Tradesmen, mechanics, farmers, and every other possible description of our

citizens. Genett is not yet arrived though hourly expected. I have just

heard that the workmen I had desired from Europe were engaged and about

to embark. Another strong motive for making me uneasy here. Adieu.

TO MR. HAMMOND.

Philadelphia, May 15, 1793.

Sir,--Your several memorials of the 8th instant have been laid before

the President, as had been that of the 2d, as soon as received. They have

been considered with all the attention and the impartiality which a firm

determination to do what is equal and right between all the belligerent

powers, could inspire.

In one of these, you communicate, on the information of the British

consul at Charleston, that the consul of France at the same place had

condemned as legal prize, a British vessel, captured by a French frigate,

and you justly add that this judicial act is not warranted by the usage

of nations, nor by the stipulations existing between the United States

and France. I observe further, that it is not warranted by any law of

the land. It is consequently a mere nullity; as such it can be respected

in no court, can make no part in the title to the vessel, nor give to

the purchaser any other security than what he would have had without

it. In short, it is so absolutely nothing as to give no foundation of

just concern to any person interested in the fate of the vessel; and in

this point of view, Sir, I am in hopes you will see it. The proceeding,

indeed, if the British consul has been rightly informed, and we have

no other information of it, has been an act of disrespect towards the

United States, to which its government cannot be inattentive; a just

sense of our own rights and duties, and the obviousness of the principle,

are a security that no inconveniences will be permitted to arise from

repetitions of it.

The purchase of arms and military accoutrements by an agent of the French

government, in this country, with an intent to export them to France,

is the subject of another of the memorials. Of this fact we are equally

uninformed as of the former. Our citizens have been always free to make,

vend and export arms. It is the constant occupation and livelihood of

some of them. To suppress their callings, the only means perhaps of their

subsistence, because a war exists in foreign and distant countries, in

which we have no concern, would scarcely be expected. It would be hard

in principle, and impossible in practice. The law of nations, therefore,

respecting the rights of those at peace, does not require from them such

an internal derangement in their occupations. It is satisfied with the

external penalty pronounced in the President's proclamation, that of

confiscation of such portion of these arms as shall fall into the hands of

any of the belligerent powers on their way to the ports of their enemies.

To this penalty our citizens are warned that they will be abandoned;

and that even private contraventions may work no inequality between the

parties at war, the benefits of them will be left equally free and open

to all.

The capture of the British ship Grange by the French frigate l'Embuscade,

has on inquiry been found to have taken place within the bay of Delaware

and jurisdiction of the United States, as stated in your memorial of

the 2d instant. The government is, therefore, taking measures for the

liberation of the crew and restitution of the ship and cargo.

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