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.