It condemns in the highest degree the conduct of any of our citizens who

may personally engage in committing hostilities at sea against any of the

nations, parties to the present war, and will exert all the means with

which the laws and Constitution have armed them to discover such as offend

herein, and bring them to condign punishment. Of these dispositions I am

authorized to give assurances to all the parties, without reserve. Our

real friendship for them all, our desire to pursue ourselves the path

of peace, as the only one leading surely to prosperity, and our wish to

preserve the morals of our citizens from being vitiated by courses of

lawless plunder and murder, may assure you that our proceedings in this

respect, will be with good faith, fervor and vigilance. Instructions

are consequently given to the proper law officer, to institute such

proceedings as the laws will justify, for apprehending and punishing

certain individuals of our citizens, suggested to have been concerned in

enterprises of this kind, as mentioned in one of your memorials of the

8th instant.

The practice of commissioning, equipping and manning vessels in our ports,

to cruise on any of the belligerent parties, is equally and entirely

disapproved; and the government will take effectual measures to prevent

a repetition of it. The remaining point in the same memorial is reserved

for further consideration.

I trust, Sir, that in the readiness with which the United States have

attended to the redress of such wrongs as are committed by their citizens,

or within their jurisdiction, you will see proofs of their justice and

impartiality to all parties; and that it will insure to their citizens

pursuing their lawful business by sea or by land, in all parts of the

world, a like efficacious interposition of governing powers to protect

them from injury, and redress it, where it has taken place. With such

dispositions on both sides, vigilantly and faithfully carried into effect,

we may hope that the blessings of peace on the one part, will be as little

impaired, and the evils of war on the other, as little aggravated, as the

nature of things will permit; and that this should be so, is, we trust,

the prayer of all.

I have the honor to be, with sentiments of respect, Sir, your most

obedient, and most humble servant.

TO M. DE TERNANT.[25]

Philadelphia, May 15, 1793.

Sir,--Having received several memorials from the British minister on

subjects arising out of the present war, I take the liberty of enclosing

them to you, and shall add an explanation of the determinations of the

government thereon. These will serve to indicate the principles on which

it is meant to proceed; and which are to be applied, with impartiality,

to the proceedings of both parties. They will form, therefore, as far as

they go, a rule of action for them as for us.

In one of these memorials, it is stated, that arms and military

accoutrements are now buying up by a French agent in this country, with

an intent to export them to France. We have answered, &c.

* * * * *

Another of these memorials complains that the consul of France at

Charleston, has condemned as legal prize, a British vessel captured by

a French frigate, observing that this judicial act is not warranted by

the usage of nations nor by the stipulations existing between the United

States and France. It is true, &c.

* * * * *

Our information is not perfect on the subject matter of another of these

memorials, which states that a vessel has been fitted out at Charleston,

manned there, and partly too with citizens of the United States, received

a commission there to cruise against nations at peace with us, and

has taken and sent a British vessel into this port. Without taking all

these facts for granted, we have not hesitated to express our highest

disapprobation of the conduct of any of our citizens who may personally

engage in committing hostilities at sea against any of the nations,

parties to the present war, and to declare, that if the case has happened,

or that should it happen, we will exert all the measures with which the

laws and Constitution have armed us, to discover such offenders and bring

them to condign punishment. And that the like conduct shall be observed,

should the like enterprises be attempted against your nation, I am

authorized to give you the most unreserved assurances.

* * * * *

The capture of the British ship Grange, by the French frigate l'Embuscade,

within the Delaware, has been the subject of a former letter to you. On

full and mature consideration, the government deems the capture to have

been unquestionably within its jurisdiction, and that according to the

rules of neutrality and the protection it owes to all persons while within

its limits, it is bound to see that the crew be liberated, and the vessel

and cargo restored to their former owners. The Attorney General of the

United States has made a statement of the grounds of this determination,

a copy of which I have the honor to enclose you. I am, in consequence,

charged by the President of the United States to express to you his

expectation, and at the same time his confidence, that you will be pleased

to take immediate and effectual measures for having the ship Grange and

her cargo restored to the British owners, and the persons taken on board

her set at liberty.

I am persuaded, Sir, you will be sensible, on mature consideration, that

in forming these determinations, the government of the United States has

listened to nothing but the dictates of immutable justice; they consider

the rigorous exercise of that virtue as the surest means of preserving

perfect harmony between the United States and the powers at war.

I have the honor to be, with sentiments of great respect, Sir, your most

obedient, and most humble servant.

FOOTNOTES:

[25] [The parts of this letter which are mere repetitions of what is

contained in the preceding, to the British minister, are omitted.]

TO J. MADISON.

Philadelphia, May 19, 1793.

* * * * *

I dare say you will have judged from the pusillanimity of the

proclamation, from whose pen it came. A fear lest any affection should be

discovered is distinguishable enough. This base fear will produce the very

evil they wish to avoid. For our constituents seeing that the government

does not express their mind, perhaps rather leans the other way, are

coming forward to express it themselves. It was suspected that there was

not a clear mind in the P's counsellors to receive Genet. The citizens,

however, determined to receive him. Arrangements taken for meeting him at

Gray's Ferry in a great body. He escaped that by arriving in town with the

letters which brought information that he was on the road. The merchants,

_i. e._ Fitzsimmons & Co., were to present an address to _the P._ on the

neutrality proclaimed. It contained much wisdom, but no affection. You

will see it in the papers enclosed. The citizens are determined to address

_Genet_. Rittenhouse, Hutcheson, Dallas, Sargeant, &c., were at the head

of it. Though a select body of only thirty was appointed to present it,

yet a vast concourse of people attended him. I have not seen it; but it is

understood to be the counter address. Ternant's hopes of employment in the

French army turn out to be without grounds. He is told by the Minister of

War expressly that the places of Marechal de Camp are all full. He thinks

it more prudent, therefore, to remain in America. He delivered yesterday

his letters of recall, and Mr. Genet presented his of credence. It is

impossible for anything to be more affectionate, more magnanimous than

the purport of his mission. We know that under present circumstances we

have a right to call upon you for the guarantee of our islands. But we do

not desire it. We wish you to do nothing but what is for your own good,

and we will do all in our power to promote it. Cherish your own peace and

prosperity. You have expressed a willingness to enter into a more liberal

treaty of commerce with us; I bring full powers (and he produced them) to

form such a treaty, and a preliminary decree of the National Convention to

lay open our country and its colonies to you for every purpose of utility,

without your participating the burthens of maintaining and defending them.

We see in you the only person on earth who can love us sincerely, and

merit to be so loved. In short, he offers everything, and asks nothing.

Yet I know the offers will be opposed, and suspect they will not be

accepted. In short, my dear Sir, it is impossible for you to conceive what

is passing in our conclave; and it is evident that one or two, at least,

under pretence of avoiding war on the one side, have no great antipathy

to run foul of it on the other, and to make a part in the confederacy of

princes against human liberty. The people in the western parts of this

State have been to the excise officer, and threatened to burn his house,

&c. They were blackened and otherwise disguised, so as to be unknown.

He has resigned, and H. says there is no possibility of getting the law

executed there, and that probably the evil will spread. A proclamation is

to be issued, and another instance of my being forced to appear to approve

what I have condemned uniformly from its first conception.

I expect every day to receive from Mr. Pinckney the model of the Scotch

threshing machine. It was to have come in a ship which arrived three weeks

ago, but the workman had not quite finished it. Mr. P. writes me word

that the machine from which my model is taken, threshes eight quarters

(sixty-four bushels) of oats _an hour_, with four horses and four men. I

hope to get it in time to have one erected at Monticello to clean out the

present crop. I enclose you the pamphlet you desired. Adieu.

TO THE GOVERNOR OF VIRGINIA.

Philadelphia, May 21, 1793.

Sir,--I have been duly honored with your favor of May the 8th, covering

the letter of Mr. Newton, and that of May the 13th, with the letter of

the British Consul at Norfolk and the information of Henry Tucker, all of

which have been laid before the President.

The putting the several harbors of the United States into a state of

defence, having never yet been the subject of deliberation and decision

with the Legislature, and consequently, the necessary moneys not having

been appropriated or levied, the President does not find himself in a

situation competent to comply with the proposition on the subject of

Norfolk.

Mr. Newton supposes, that by the treaties with France and Holland,

those powers are authorized to arm vessels within our ports. A careful

examination of the treaties will show, however, that no such permission

has been stipulated therein. Measures are accordingly taken to correct

this error as to the past, and others will be taken to prevent a

repetition of it. Proceedings are ordered against Mr. Hooper and other

American citizens who have participated in any hostilities against

nations at peace with the United States, and circular instructions

are given to the District Attorneys of the United States, to institute

like prosecutions in all future similar cases. The bringing vessels to,

of whatever nation, while within the limits of the protection of the

United States, will be pointedly forbidden; the government being firmly

determined to enforce a peaceable demeanor among all the parties within

those limits, and to deal to all the same impartial measure.

I have the honor to be, with the most perfect respect, your Excellency's

most obedient, and most humble servant.

TO MR. VAN BERCKEL.

Philadelphia, May 29, 1793.

Sir,--I am favored with your note of the 22d instant, stating that under

circumstances of invasion and urgent danger, their High Mightinesses,

the States General of the United Netherlands, had found it necessary to

lay an embargo on all vessels in their ports; and that an American ship,

the Hope, being involved in this general order, the master had claimed

an exemption under the eighth article of our treaty, which it had been

necessary to refuse him.

I have laid this note before the President of the United States, and

have it in charge from him to assure you, that the United States having

the utmost confidence in the sincerity and good faith with which their

High Mightinesses will observe the treaty between the two countries,

feel no dissatisfaction at the circumstance mentioned in your note. They

are sensible that in human affairs, there are moments of difficulty and

necessity, to which it is the office of friendship to accommodate its

strict rights.

The President considers the explanation, which their High Mightinesses

have instructed you to give of this incident, as a proof of their desire

to cultivate harmony and good understanding with these United States,

and charges me to assure you that he has nothing more at heart than to

convince their High Mightinesses of the same amicable sentiments on the

part of this country, and of the certainty with which they may count on

its justice and friendship on every occasion.

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

obedient, and most humble servant.

TO MESSRS. CARMICHAEL AND SHORT.

Philadelphia, May 31, 1793.

Gentlemen,--In my letters of October the 14th and November the 3d, 1792,

I communicated to you papers and observations on the conduct of the

Spanish officers on our south-western frontier, and particularly of the

Baron de Carondelet, the Governor of New Orleans. These made it evident

that he had industriously excited the southern Indians to war against us,

and had furnished them with arms and ammunition in abundance, for that

express purpose. We placed this under the view of the commissioners of

Spain here, who undertook to communicate it to their court, and also to

write on the subject to the Baron de Carondelet. They have lately made us

communications from both these quarters; the aspect of which, however,

is by no means such as to remove the causes of our dissatisfaction. I

send you these communications, consisting of treaties between Spain, the

Creeks, Choctaws, Chickasaws, and Cherokees, handed us by express order

from their court, a speech of Baron de Carondelet to the Cherokees, and

a letter from Messrs. de Viar and Jaudenes, covering that speech, and

containing in itself very serious matter.

I will first observe to you, that the question stated in that letter to

have been proposed to the Cherokees, what part they would take, in the

event of a war between the United States and Spain? was never proposed by

authority from this government. Its instructions to its agents have, on

the contrary, been explicitly to cultivate, with good faith, the peace

between Spain and the Indians; and from the known prudence and good

conduct of Governor Blount, to whom it is imputed, it is not believed to

have been proposed by him. This proposition then, you are authorized to

disavow to the court of Madrid, in the most unequivocal terms.

With respect to the treaties, the speech and the letter, you will see that

they undertake to espouse the concerns of Indians within our limits; to be

mediators of boundary between them and us; to guarantee that boundary to

them; to support them with their whole power; and hazard to us intimations

of acquiescence to avoid disagreeable results. They even propose to extend

their intermeddlings to the northern Indians. These are pretensions so

totally inconsistent with the usages established among the white nations,

with respect to Indians living within their several limits, that it

is believed no example of them can be produced, in times of peace; and

they are presented to us in a manner which we cannot deem friendly. The

consequence is, that the Indians, and particularly the Creeks, finding

themselves so encouraged, have passed, without the least provocation on

our part, from a state of peace, which appeared to be well settled, to

that of serious hostility. Their murders and depredations, which, for

some months, we were willing to hope were only individual aggressions,

now assume the appearance of unequivocal war. Yet such is our desire

of courting and cultivating the peace of all our Indian neighbors, that

instead of marching at once into their country and taking satisfaction

ourselves, we are peaceably requiring punishment of the individual

aggressors; and, in the meantime, are holding ourselves entirely on the

defensive. But this state of things cannot continue. Our citizens are

entitled to effectual protection, and defensive measures are, at the same

time, the most expensive and least effectual. If we find then, that peace

cannot be obtained by the temperate means we are still pursuing, we must

proceed to those which are extreme, and meet all the consequences, of

whatever nature, or from whatever quarter they may be. We have certainly

been always desirous to avoid whatever might disturb our harmony with

Spain. We should be still more so, at a moment when we see that nation

making part of so powerful a confederacy as is formed in Europe, and under

particular good understanding with England, our other neighbor. In so

delicate a position, therefore, instead of expressing our sense of these

things, by way of answer to Messrs. Viar and Jaudenes, the President has

thought it better that it should be done to you, and to trust to your

discretion the moment, the measure, and the form of communicating it

to the court of Madrid. The actual state of Europe at the time you will

receive this, the solidity of the confederacy, and especially as between

Spain and England, the temper and views of the former, or of both, towards

us, the state of your negotiation, are circumstances which will enable you

better to decide how far it may be necessary to soften, or even perhaps

to suppress, the expressions of our sentiments on this subject. To your

discretion, therefore, it is committed by the President, to let the court

of Spain see how impossible it is for us to submit with folded arms to

be butchered by these savages, and to prepare them to view, with a just

eye, the more vigorous measures we must pursue to put an end to their

atrocities, if the moderate ones we are now taking should fail of that

effect.

Our situation on other accounts and in other quarters, is critical. The

President is, therefore, constantly anxious to know the state of things

with you, and I entreat you to keep him constantly and well-informed.

Mr. Yznardi, the younger, lately appointed consul of the United States at

Cadiz, may be a convenient channel of forwarding your letters.

I have the honor to be, with great esteem and respect, Gentlemen, your

most obedient, and most humble servant.

TO JAMES MADISON.

June 2, 1793.

I wrote you on the 27th ult. You have seen in the papers that some

privateers have been fitted out in Charleston by French citizens, with

their own money, manned by themselves, and regularly commissioned by

their nation. They have taken several prizes, and brought them into

our ports. Some native citizens had joined them. These are arrested and

under prosecution, and orders are sent to all the ports to prevent the

equipping privateers by any persons foreign or native. So far is right.

But the vessels so equipped at Charleston are ordered to leave the

ports of the United States. This I think was not right. Hammand demanded

further surrender of the prizes they had taken. This is refused on the

principle that by the laws of war the property is transferred to the

captors. You will see in a paper I enclose, Dumourier's "Address to his

nation, and also Saxe Cobourg." I am glad to see a probability that the

constitution of 1791, would be the term at which the combined powers would

stop. Consequently, that the re-establishment of that is the worst the

French have to fear. I am also glad to see that the combiners adopt the

slow process of nibbling at the strong posts on the frontiers. This will

give to France a great deal of time. The thing which gives me uneasiness

is their internal combustion. This may by famine be rendered extreme.

E. R. sets out the day after to-morrow for Virginia. I have no doubt

he is charged to bring back a faithful statement of the dispositions

of that State. I wish therefore he may fall into hands which will not

deceive him. Have you time and the means of impressing Wilson Nicholas

(who will be much with E. R.) with the necessity of giving him a strong

and perfect understanding of the public mind? Considering that this

journey may strengthen his nerves, and dispose him more favorably to the

propositions of a treaty between the two republics, knowing that in this

moment the division on that question is 4 to 1, and that the last news has

no tendency to proselyte any of the majority, I have myself proposed to

refer taking up the question till his return. There is too at this time

a lowering disposition perceivable both in England and Spain. The former

keeps herself aloof, and in a state of incommunication with us, except

in the way of demand. The latter has not begun auspiciously with C. and

S. at Madrid, and has lately sent 1,500 men to New Orleans, and greatly

strengthened her upper posts on the Mississippi. I think it more probable

than otherwise that Congress will be convened before the constitutional

day. About the last of July this may be known. I should myself wish to

keep their meeting off to the beginning of October, if affairs will permit

it. The invasion of the Creeks is what will most likely occasion its

convocation. You will see Mrs. House's death mentioned in the papers. She

extinguished almost like a candle. I have not seen Mrs. Trist since, but

I am told she means to give up the house immediately, and that she has

suffered great loss in her own fortune by exertions hitherto to support

it. Browse is not returned, nor has been heard of for some time. Bartram

is extremely anxious to get a large supply of seeds of the Kentucky

coffee tree. I told him I would use all my interest with you to obtain

it, as I think I heard you say that some neighbors of yours had a large

number of trees. Be so good as to take measures for bringing a good

quantity, if possible, to Bartram when you come to Congress. Adieu. Yours

affectionately.

TO MR. RANDOLPH.

Philadelphia, June 2, 1793.

Dear Sir,--I have to acknowledge the receipt of yours of May 16th, with

the information always pleasing of your being all well. In addition to

the news which you will see in the papers, we now have the certainty

of Dumourier's operation. He had proposed an armistice to the Prince

of Saxe Cobourg, which was agreed to on condition of his withdrawing

his troops from the Netherlands. He did so; it was then agreed that he

should march with his army (on whom he thought he could rely) to Paris,

and re-establish the constitution of 1791. On which Cobourg stipulated

peace on the part of the Emperor and K. of Prussia. Dumourier's army knew

nothing of this. He made them believe the deputies sent from the National

Assembly were to arrest and carry him to Paris to be tried for his defeat

of the 18th to the 22d of March. They considered this as an injury to

themselves, and really loved and confided in him. They set out with him,

but very soon began to suspect his purpose was to overset the republic,

and set up a king. They began to drop off in parties, and at length in a

body refused to go further. On this he fled with two regiments of horse,

mostly foreigners, to the Austrians. His Saxe Cobourg's address to the

French nation prove all this. Hostilities recommenced; and the combiners

have determined not to attempt to march to Paris, as the last year, but

to take all the strong places on the frontier. This will at least give

time to the republic. The first thing to be feared for them is famine.

This will infallibly produce anarchy. Indeed, that joined to a draught of

soldiers, has already produced some serious insurrections. It is still

a comfort to see by the address of Dumourier and Saxe Cobourg that the

constitution of 1791 is the worst thing which is to be forced on the

French. But even the falling back to that would give wonderful vigor to

our monocrats, and unquestionably affect the tone of administering our

government. Indeed, I fear that if this summer should prove disastrous

to the French, it will damp that energy of republicanism in our new

Congress, from which I had hoped so much reformation. We have had here

for a considerable time past true winter weather, quite cold enough for

white frost. Though that accident has not happened, fires are still kept

up, having been intermitted only for short intervals of very hot weather.

I have not yet received my model of the threshing mill. I wish it may come

in time for the present crop; after so mild a winter as the last we must

expect weavil. My love to my dear Martha, and kiss the little ones for

me. Adieu my dear Sir. Yours with constant affection.

MR. GENET, MINISTER PLENIPOTENTIARY OF FRANCE.

Philadelphia, June 5, 1793.

Sir,--In my letter of May the 15th, to M. de Ternant, your predecessor,

after stating the answer which had been given to the several memorials of

the British minister, of May the 8th, it was observed that a part still

remained unanswered of that which respected the fitting out of armed

vessels in Charleston, to cruise against nations with whom we were at

peace.

In a conversation which I had afterwards the honor of holding with you,

I observed that one of those armed vessels, the citizen Genet, had come

into this port with a prize; that the President had thereupon taken

the case into further consideration, and after mature consultation and

deliberation, was of opinion, that the arming and equipping vessels in

the ports of the United States to cruise against nations with whom they

are at peace, was incompatible with the territorial sovereignty of the

United States; that it made them instrumental to the annoyance of those

nations, and thereby tended to compromit their peace; and that he thought

it necessary as an evidence of good faith to them, as well as a proper

reparation to the sovereignty of the country, that the armed vessels of

this description should depart from the ports of the United States.

The letter of the 27th instant, with which you have honored me, has

been laid before the President, and that part of it which contains your

observations on this subject has been particularly attended to. The

respect due to whatever comes from you, friendship for the French nation,

and justice to all, have induced him to re-examine the subject, and

particularly to give your representations thereon, the consideration they

deservedly claim. After fully weighing again, however, all the principles

and circumstances of the case, the result appears still to be, that it is

the _right_ of every nation to prohibit acts of sovereignty from being

exercised by any other within its limits; and the _duty_ of a neutral

nation to prohibit such as would injure one of the warring powers; that

the granting military commissions within the United States by any other

authority than their own, it is an infringement on their sovereignty, and

particularly so when granted to their own citizens to lead them to acts

contrary to the duties they owe their own country; that the departure

of vessels thus illegally equipped from the ports of the United States,

will be but an acknowledgment of respect analogous to the breach of it,

while it is necessary on their part, as an evidence of their faithful

neutrality. On these considerations, Sir, the President thinks that the

United States owe it to themselves and to the nations in their friendship,

to expect this act of reparation on the part of vessels, marked in their

very equipment with offence to the laws of the land, of which the laws of

nations makes an integral part.

The expressions of friendly sentiments which we have already had the

satisfaction of receiving from you, leave no room to doubt that the

conclusion of the President being thus made known to you, these vessels

will be permitted to give no further umbrage by their presence in the

ports of the United States.

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

Sir, your most obedient, and most humble servant.

TO MR. HAMMOND.

Philadelphia, June 5, 1793.

Sir,--In the letter which I had the honor of writing you on the 15th

of May, in answer to your several memorials of the 8th of that month, I

mentioned that the President reserved for further consideration, a part

of the one which related to the equipment of two privateers in the port

of Charleston. The part alluded to, was that wherein you express your

confidence that the executive government of the United States would pursue

measures for repressing such practices in future, and for restoring to

their rightful owners any captures, which such privateers might bring into

the ports of the United States.

The President, after a full investigation of this subject and the most

mature consideration, has charged me to communicate to you, that the first

part of this application is found to be just, and that effectual measures

are taken for preventing repetitions of the act therein complained of; but

that the latter part, desiring restitution of the prizes, is understood

to be inconsistent with the rules which govern such cases, and would,

therefore, be unjustifiable towards the other party.

The principal agents in this transaction were French citizens. Being

within the United States at the moment a war broke out between their own

and another country, they determine to go into its defence; they purchase,

they arm and equip a vessel with their own money, man it themselves,

receive a regular commission from their nation, depart out of the

United States, and then commence hostilities by capturing a vessel. If,

under these circumstances, the commission of the captors was valid, the

property, according to the laws of war, was by the capture transferred to

them, and it would be an aggression on their nation, for the United States

to rescue it from them, whether on the high seas or on coming into their

ports. If the commission was not valid, and, consequently, the property

not transferred by the laws of war to the captors, then the case would

have been cognizable in our courts of admiralty, and the owners might

have gone thither for redress. So that on neither supposition, would the

executive be justifiable in interposing.

With respect to the United States, the transaction can be in nowise

imputed to them. It was the first moment of the war, in one of their most

distant ports, before measures could be provided by the government to meet

all the cases which such a state of things was to produce, impossible to

have been known, and therefore, impossible to have been prevented by that

government.

The moment it was known, the most energetic orders were sent to every

State and port of the Union, to prevent a repetition of the accident.

On a suggestion that citizens of the United States had taken part in

the act, one, who was designated, was instantly committed to prison,

for prosecution; one or two others have been since named, and committed

in like manner; and should it appear that there were still others, no

measures will be spared to bring them to justice. The President has even

gone further. He has required, as a reparation of their breach of respect

to the United States, that the vessels so armed and equipped, shall depart

from our ports.

You will see, Sir, in these proceedings of the President, unequivocal

proofs of the line of strict right which he means to pursue. The measures

now mentioned, are taken in justice to the one party; the ulterior

measure, of seizing and restoring the prizes, is declined in justice to

the other; and the evil, thus early arrested, will be of very limited

effects; perhaps, indeed, soon disappear altogether.

I have the honor to be, with sentiments of respect, Sir, your most

obedient, and most humble servant.

TO THE PRESIDENT OF THE UNITED STATES.

June 6, 1793.

I cannot but think that to decline the propositions of Mr. Genet on the

subject of our debt, without assigning any reason at all, would have a

very dry and unpleasant aspect indeed. We are then to examine what are our

good reasons for the refusal, which of them maybe spoken out, and which

may not. 1st. Want of confidence in the continuance of the present form of

government, and consequently that _advances_ to them might commit us with

their successors. This cannot be spoken out. 2d. Since they propose to

take the debt in produce, it would be better for us that it should be done

in moderate masses yearly, than all in one year. This cannot be professed.

3d. When M. de Calonne was Minister of Finance, a Dutch company proposed

to buy up the whole of our debt, by dividing it into actions or shares.

I think Mr. Claviere, now Minister of Finance, was their agent. It was

observed to M. de Calonne, that to create such a mass of American paper,

divide it into shares, and let them deluge the market, would depreciate

the rest of our paper, and our credit in general; that the credit of a

nation was a delicate and important thing, and should not be risked on

such an operation. M. de Calonne, sensible of the injury of the operation

to us, declined it. In May, 1791, there came, through Mr. Otto, a similar

proposition from Schweizer, Jeanneret & Co. We had a communication on

the subject from Mr. Short, urging this same reason strongly. It was

referred to the Secretary of the Treasury, who, in a letter to yourself,

assigned the reasons against it, and these were communicated to Mr. Otto,

who acquiesced in them. This objection, then, having been sufficient to

decline the proposition twice before, and having been urged to the two

preceding forms of government (the ancient and that of 1791), will not

be considered as founded in objections to the present form. 4th. The law

allows the whole debt to be paid only on condition it can be done on terms

_advantageous_ to the United States. The minister foresees this objection,

and thinks he answers it by observing the _advantage_ which the payment in

_produce_ will occasion. It would be easy to show that this was not the

sort of advantage the Legislature meant, but a _lower rate of interest_.

5th. I cannot but suppose that the Secretary of the Treasury, being much

more familiar than I am with the money operations of the Treasury, would,

on examination, be able to derive practical objections from them. We

pay to France but five per cent. The people of this country would never

subscribe their money for less than six. If, to remedy this, obligations

at less than five per cent. were offered, and accepted by Genet, he must

part with them immediately, at a considerable discount, to indemnify the

loss of the one per cent., and at still greater discount to bring them

down to par with our present six per cent., so that the operation would

be equally disgraceful to us and losing to them, &c., &c.

I think it very material myself to keep alive the friendly sentiments

of that country, as far as can be done without risking war or double

payment. If the instalments falling due this year can be advanced,

without incurring those dangers, I should be for doing it. We now see by

the declaration of the Prince of Saxe Cobourg, on the part of Austria

and Prussia, that the ultimate point they desire is to restore the

constitution of 1791. Were this even to be done before the pay days of

this year, there is no doubt in my mind but that that government (as

republican as the present, except in the form of its Executive) would

confirm an advance so moderate in sum and time. I am sure the _nation_

of France would never suffer their government to go to war _with us_ for

such a _bagatelle_, and the more surely if that bagatelle shall have been

granted by us so as to _please_ and not to _displease_ the nation; so as

to keep their affections engaged on our side. So that I should have no

fear in advancing the instalments of this year at epochs convenient to the

Treasury. But at any rate should be for assigning reasons for not changing

the form of the debt. These thoughts are very hastily thrown on paper, as

will be but too evident.

I have the honor to be, with sentiments of sincere attachment and respect,

Sir, your most obedient, and most humble servant.

TO JAMES MADISON.

June 9, 1793.

I have to acknowledge the receipt of your two favors of May 27th and

29th, since the date of my last which was of the 2d instant. In that of

the 27th you say you must not make your final exit from public life till

it will be marked with justifying circumstances which all good citizens

will respect, and to which your friends can appeal. To my fellow-citizens

the debt of service has been fully and faithfully paid. I acknowledge

that such a debt exists, that a tour of duty, in whatever line he can

be most useful to his country, is due from every individual. It is not

easy perhaps to say of what length exactly this tour should be, but we

may safely say of what length it should not be. Not of our whole life,

for instance, for that would be to be born a slave--not even of a very

large portion of it. I have now been in the public service four and

twenty years; one half of which has been spent in total occupation with

their affairs, and absence from my own. I have served my tour then. No

positive engagement, by word or deed, binds me to their further service.

No commitment of their interests in any enterprise by me requires that

I should see them through it. I am pledged by no act which gives any

tribunal a call upon me before I withdraw. Even my enemies do not pretend

this. I stand clear then of public right on all points--my friends I have

not committed. No circumstances have attended my passage from office to

office, which could lead them, and others through them, into deception

as to the time I might remain, and particularly they and all have known

with what reluctance I engaged and have continued in the present one, and

of my uniform determination to return from it at an early day. If the

public then has no claim on me, and my friends nothing to justify, the

decision will rest on my own feelings alone. There has been a time when

these were very different from what they are now; when perhaps the esteem

of the world was of higher value in my eye than everything in it. But age,

experience and reflection preserving to that only its due value, have set

a higher on tranquillity. The motion of my blood no longer keeps time

with the tumult of the world. It leads me to seek for happiness in the

lap and love of my family, in the society of my neighbors and my books,

in the wholesome occupations of my farm and my affairs, in an interest

or affection in every bud that opens, in every breath that blows around

me, in an entire freedom of rest, of motion, of thought, owing account

to myself alone of my hours and actions. What must be the principle of

that calculation which should balance against these the circumstances of

my present existence--worn down with labors from morning to night, and

day to day; knowing them as fruitless to others as they are vexatious to

myself, committed singly in desperate and eternal contest against a host

who are systematically undermining the public liberty and prosperity, even

the rare hours of relaxation sacrificed to the society of persons in the

same intentions, of whose hatred I am conscious even in those moments of

conviviality when the heart wishes most to open itself to the effusions

of friendship and confidence, cut off from my family and friends, my

affairs abandoned to chaos and derangement, in short, giving everything

I love in exchange for everything I hate, and all this without a single

gratification in possession or prospect, in present enjoyment or future

wish. Indeed, my dear friend, duty being out of the question, inclination

cuts off all argument, and so never let there be more between you and me,

on this subject.

I enclose you some papers which have passed on the subject of a new town.

You will see by them that the paper Coryphæus is either undaunted or

desperate. I believe that the statement enclosed has secured a decision

against his proposition. I dined yesterday in a company where Morris

and Bingham were, and happened to sit between them. In the course of

a conversation after dinner, Morris made one of his warm declarations

that after the expiration of his present senatorial term, nothing on

earth should ever engage him to serve again in any public capacity.

He did this with such solemnity as renders it impossible he should not

be in earnest. The President is not well. Little lingering fevers have

been hanging about him for a week or ten days, and affected his looks

most remarkably. He is also extremely affected by the attacks made and

kept up on him in the public papers. I think he feels those things more

than any person I ever yet met with. I am sincerely sorry to see them.

I remember an observation of yours, made when I first went to New York,

that the satellites and sycophants which surrounded him had wound up the

ceremonials of the government to a pitch of stateliness which nothing

but his personal character could have supported, and which no character

after him could ever maintain. It appears now that even his will be

insufficient to justify them in the appeal of the times to common sense

as the arbiter of everything. Naked he would have been sanctimoniously

reverenced; but enveloped in the rags of royalty, they can hardly be torn

off without laceration. It is the more unfortunate that this attack is

planted on popular ground, on the love of the people to France and its

cause, which is universal. Genet mentions freely enough in conversation

that France does not wish to involve us in the war by our guarantee. The

information from St. Domingo and Martinique is, that those two islands

are disposed and able to resist any attack which Great Britain can make

on them by land. A blockade would be dangerous, could it be maintained in

that climate for any length of time. I delivered to Genet your letter to

Roland. As the latter is out of office, he will direct it to the minister

of the Interior. I found every syllable of it strictly proper. Your

ploughs shall be duly attended to. Have you ever taken notice of Tull's

horse-houghing plough? I am persuaded that where you wish your work to

be very exact, and our great plough where a less degree will suffice,

leave us nothing to wish for from other countries as to ploughs, under

our circumstances. I have not yet received my threshing machine. I fear

the late, long, and heavy rains must have extended to us, and effected

our wheat. Adieu. Yours affectionately.

TO GOUVERNEUR MORRIS.

Philadelphia, June 13, 1793.

Dear Sir,--The insulated state in which France is placed with respect

to almost all the world, by the present war, has cut off all means of

addressing letters to you through other countries. I embrace the present

occasion by a private individual going to France directly, to mention,

that since the date of my last public letter, which was April the 24th,

and which covered the President's proclamation of April, I have received

your Nos. 17 to 24. M. de Ternant notified us of his recall on the 17th of

May, and delivered the letter of the Provisory Executive Council to that

effect. I now enclose you the President's answer to the Council, which you

will be pleased to deliver; a copy of it is also enclosed, open, for your

information. Mr. Genet delivered his credentials on the same day on which

M. de Ternant took his leave, and was received by the President. He found

himself immediately immersed in business, the consequence of this war. The

incidents to which that gives daily rise, and the questions respecting

chiefly France and England, fills the executive with business, equally

delicate, difficult and disagreeable. The course intended to be pursued

being that of a strict and impartial neutrality, decisions rendered by

the President rigorously on that principle, dissatisfy both parties, and

draw complaints from both. That you may have a proper idea of them, I

enclose you copies of several memorials and letters, which have passed

between the executive and the ministers of those two countries, which will

at the same time develop the principles of the proceedings, and enable

you to satisfy them in your communications, should it be necessary. I

enclose also the answer given to Mr. Genet, on a proposition from him

to pay up the whole of the French debt at once. While it will enable you

to explain the impracticability of the operation proposed, it may put it

in your power to judge of the answer which would be given to any future

proposition to that effect, and perhaps to prevent their being brought

forward. The bill lately passed in England, prohibiting the business of

this country with France from passing through the medium of England, is a

temporary embarrassment to our commerce, from the unhappy predicament of

its all hanging on the pivot of London. It will be happy for us, should it

be continued till our merchants may establish connections in the countries

in which our produce is consumed, and to which it should go directly.

Our commissioners have proceeded to the treaty with the northwestern

Indians. They write, however, that the treaty will be a month later than

was expected. This delay, should it be extended, will endanger our losing

the benefit of our preparations for the campaign, and consequently bring

on a delicate question, whether these shall be relinquished for the

result of a treaty in which we never had any confidence? The Creeks have

proceeded in their depredations till they assume the appearance of formal

war. It scarcely seems possible to avoid its becoming so. They are so

strong and so far from us, as to make very serious addition to our Indian

difficulties. It is very probable that some of the circumstances arising

out of our affairs with the Indians, or with the belligerent powers of

Europe, may occasion the convocation of Congress at an earlier day than

that to which its meeting stands at present.

I send you the forms of the passports given here. The one in three

columns is that now used; the other having been soon discontinued. It

is determined that they shall be given in our own ports only, and to

serve but for one voyage. It has also been determined, that they shall

be given to all vessels _bona fide_ owned by American citizens _wholly_,

whether built here or not. Our property, whether in the form of vessels,

cargoes, or anything else, has a right to pass the seas untouched by

any nation, by the law of nations; and no one has a right to ask where a

vessel was built, but where is she owned? To the security which the law

of nations gives to such vessels against all nations, are added particular

stipulations with three of the belligerent powers. Had it not been in our

power to enlarge our national stock of shipping suddenly in the present

exigency, a great proportion of our produce must have remained on our

hands for want of the means of transportation to market. At this time,

indeed, a great proportion is in that predicament. The most rigorous

measures will be taken to prevent any vessel, not wholly and _bona fide_

owned by American citizens, from obtaining our passports. It is much our

interest to prevent the competition of other nations from taking from us

the benefits we have a right to expect from the neutrality of our flag;

and I think we may be very sure that few, if any, will be fraudulently

obtained within our ports.

Though our spring has been cold and wet, yet the crops of small grain are

as promising as they have ever been seen. The Hessian fly, however, to the

north, and the weavil to the south of the Potomac, will probably abridge

the quantity. Still it seems very doubtful whether we shall not lose more

for want of the means of transportation, and I have no doubt that the

ships of Sweden and Denmark would find full employment here.

We shall endeavor to get your newspapers under the care of Major Reid,

the bearer of this letter.

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

obedient, and most humble servant.

TO MR. PINCKNEY.

Philadelphia, June 14, 1793.

My last letters to you have been of the 7th of May and 4th instant. Since

the last date, yours of April the 15th has come to hand.

I enclose you several memorials and letters which have passed between

the Executive and the ministers of France and England. These will develop

to you the principles on which we are proceeding between the belligerent

powers. The decisions being founded in what is conceived to be rigorous

justice, give dissatisfaction to both parties, and produce complaints

from both. It is our duty, however, to persevere in them, and to meet

the consequences. You will observe that Mr. Hammond proposes to refer

to his court the determination of the President, that the prizes taken

by the Citoyen Genet, could not be given up. The reasons for this are

explained in the papers. Mr. Genet had stated that she was manned by

French citizens. Mr. Hammond had not stated the contrary before the

decision. Neither produced any proofs. It was therefore supposed that

she was manned, principally, with French citizens. After the decision,

Mr. Hammond denies the fact, but without producing any proof. I am really

unable to say how it was; but I believe it to be certain there were very

few Americans. He says, the issuing the commission, &c., by Mr. Genet,

within our territory, was an infringement of our sovereignty; therefore,

the proceeds of it should be given up to Great Britain. The infringement

was a matter between France and us. Had we insisted on any penalty or

forfeiture by way of satisfaction to our insulted rights, it would have

belonged to us, not to a third party. As between Great Britain and us,

considering all the circumstances explained in the papers, we deemed

we did enough to satisfy her. We are, moreover, assured, that it is the

standing usage of France, perhaps too of other nations in all wars, to

lodge blank commissions with all their foreign consuls, to be given to

every vessel of their nation, merchant or armed; without which a merchant

vessel would be punished as a pirate, were she to take the smallest

thing of the enemy that should fall in her way. Indeed, the place of the

delivery of a commission is immaterial. As it may be sent by letter to

any one, so it may be delivered by hand to him anywhere. The place of

_signature by the Sovereign_ is the material thing. Were that to be done

in any other jurisdiction than his own, it might draw the validity of

the act into question. I mention these things, because I think it would

be proper, that after considering them and such other circumstances as

appear in the papers, or may occur to yourself, you should make it the

subject of a conversation with the minister. Perhaps it may give you an

opportunity of touching on another subject. Whenever Mr. Hammond applies

to our government on any matter whatever, be it ever so new or difficult,

if he does not receive his answer in two or three days or a week, we are

goaded with new letters on the subject. Sometimes it is the sailing of

the packet, which is made the pretext for forcing us into premature and

undigested determinations. You know best how far your applications meet

such early attentions, and whether you may with propriety claim a return

of them; you can best judge, too, of the expediency of an intimation, that

where despatch is not reciprocal, it may be expedient and justifiable that

delay should be so.

Our Commissioners have set out for the place of treaty with the North

Western Indians. They have learned on their arrival at Niagara that

the treaty will be a month later than was expected. Should further

procrastination take place, it may wear the appearance of being intended

to make us lose the present campaign, for which all our preparations are

made. We have had little expectations of any favorable result from the

treaty; and whether for such a prospect we should give up a campaign,

will be a disagreeable question. The Creeks have proceeded in their

depredations and murder till they assume the appearance of unequivocal

war. It scarcely seems possible to avoid its becoming so. It is very

possible that our affairs with the Indians or with the belligerent powers

of Europe, may occasion the convocation of Congress at an earlier day than

that to which its meeting stands at present.

Though our spring has been cold and wet, yet the crops of small grain

are as promising as could be desired. They will suffer, however, by the

Hessian fly to the north and the weavil to the south of the Patowmac.

My letter of the 4th instant was written to go by the Packet, but hearing

before its departure that Major Jackson was to go in a few days by a

private vessel, it was committed to him, as is also the present letter.

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

obedient, and most humble servant.

TO M. GENET.

Philadelphia, June 17, 1793.

Sir,--I have received and laid before the President your letter of the

14th instant, stating that certain judiciary officers of the United

States, contrary to the laws of nations, and the treaties subsisting

between France and the United States, had arrested certain vessels and

cargoes taken by a French armed vessel and brought into this port, and

desiring that the authority of the President might be interposed to

restore the prizes with the damages for their detention.

By the laws of this country every individual claiming a right to any

article of property, may demand process from a court of justice, and

decision on the validity of his claim. This is understood to be the case,

which is the subject of your letter. Individuals claiming a right to the

prizes, have attached them by process from the Court of Admiralty, which

that Court was not free to deny, because justice is to be denied to no

man. If, at the hearing of the cause, it shall be found that it is not

cognizable before that Court, you may so far rely on its learning and

integrity as to be assured it will so pronounce itself. In like manner,

if having jurisdiction of the causes, it shall find the rights of the

claimants to be null, be assured it will pronounce that nullity, and in

either case the property will be restored, but whether with damages or

not, the Court alone is to decide. It happens in this particular case that

the rule of decision will be not the municipal laws of the United States

but the law of nations, and the law maritime, as admitted and practised

in all civilized countries, that the same sentence will be pronounced

here, that would be pronounced in the Republic of France, or in any other

country of Europe; and that if it should be unfavorable to the captors,

it will be for reasons understood and acknowledged in your own country,

and for the justice of which we might safely appeal to the jurists of your

own country. I will add, that if the seizure should be found contrary to

the treaties subsisting between France and the United States, the judges

will consider these treaties as constituting a conventional law for the

two nations, controlling all other laws, and will decree accordingly. The

functions of the Executive are not competent to the decision of questions

of property between individuals. These are ascribed to the judiciary

alone, and when either persons or property are taken into their custody,

there is no power in this country that can take them out. You will,

therefore, be sensible, Sir, that though the President is not the organ

for doing what is just in the present case, it will be effectually done

by those to whom the Constitution has ascribed the duty, and be assured

that the interests, the rights and the dignity of the French nation will

receive within the bosom of the United States all the support which a

friendly nation could desire, and a natural one yield.

I have the honor to be, with sentiments of great respect and esteem, Sir,

your most obedient, and most humble servant.

TO MR. GENET.

Philadelphia, June 17, 1793.

Sir,--I shall now have the honor of answering your letter of the 1st

instant, and so much of that of the 14th (both of which have been laid

before the President) as relates to a vessel armed in the port of New York

and about to depart from thence, but stopped by order of the Government.

And here I beg leave to premise, that the case supposed in your letter,

of a vessel arming for her own defence, and to repel unjust aggressions,

is not that in question, nor that on which I mean to answer, because not

having yet happened, as far as is known to the Government, I have no

instructions on the subject. The case in question is that of a vessel

armed, equipped, and manned in a port of the United States, for the

purpose of committing hostilities on nations at peace with the United

States.

As soon as it was perceived that such enterprises would be attempted,

orders to prevent them were despatched to all the States and ports of

the Union. In consequence of these, the Governor of New York, receiving

information that a sloop heretofore called the Polly, now the Republican,

was fitting out, arming, and manning in the port of New York, for the

express and sole purpose of cruising against certain nations with whom

we are at peace, that she had taken her guns and ammunition aboard, and

was on the point of departure, seized the vessel. That the Governor was

not mistaken in the previous indications of her object, appears by the

subsequent avowal of the citizen Hauterieve, consul of France at that

port, who, in a letter to the Governor, reclaims her as "Un vaisseau

armé en guerre, et pret à mettre à la voile;" and describes her object

in these expressions: "Cet usage etrange de la force publique contre les

citoyens d'une nation amie qui se reunissent ici _pour aller defendre

leur freres_," &c.; and again: "Je requiers, monsieur, l'autorité dont

vous etes revetu, pour faire rendre à des Francois, à des alliés, &c.,

la liberté _de voler au secours de leur patrie_." This transaction being

reported to the President, orders were immediately sent to deliver over

the vessel, and the persons concerned in the enterprise, to the tribunals

of the country, that if the act was of those forbidden by the law, it

might be punished; if it was not forbidden, it might be so declared, and

all persons apprized of what they might or might not do.

This, we have reason to believe, is the true state of the case, and

it is a repetition of that which was the subject of my letter of the

5th instant, which animadverted, not merely on the single fact of the

granting commissions of war by one nation within the territory of another,

but on the aggregate of the facts; for it states the opinion of the

President to be, "that the arming and equipping vessels in the ports of

the United States, to cruise against nations with whom we are at peace,

was incompatible with the sovereignty of the United States; that it

made them instrumental to the annoyance of those nations, and thereby

tended to commit their peace." And this opinion is still conceived to

be not contrary to the principles of natural law, the usage of nations,

the engagements which unite the two people, nor the proclamation of the

President, as you seem to think.

Surely, not a syllable can be found in the last-mentioned instrument,

permitting the preparation of hostilities in the ports of the United

States. Its object was to enjoin on our citizens "a friendly conduct

towards all the belligerent powers;" but a preparation of hostilities is

the reverse of this.

None of the engagements in our treaties stipulate this permission. The

XVIIth article of that of commerce, permits the armed vessels of either

party to enter the ports of the other, and to depart with their prizes

freely; but the entry of an armed vessel into a port, is one act; the

equipping a vessel in that port, arming her, and manning her, is a

different one, and not engaged by any article of the treaty.

You think, Sir, that this opinion is also contrary to the law of nature

and usage of nations. We are of opinion it is dictated by that law and

usage; and this had been very maturely inquired into before it was adopted

as a principle of conduct. But we will not assume the exclusive right

of saying what that law and usage is. Let us appeal to enlightened and

disinterested judges. None is more so than Vattel. He says, L. 3. 8.

104. "Tant qu'un peuple neutre veut jouir surement de cet état, il doit

montrer en toutes choses une exacte impartialité entre ceux qui se font la

guerre. Car s'il favorise l'un au préjudice de l'autre, il ne pourra pas

se plaindre, quand celui ci le traitera comme adhérent et associé de son

ennemi. Sa neutralité seroit une neutralité frauduleuse, dont personne ne

veut être la dupe. Voyons donc en quoi consiste cette impartialité qu'un

peuple neutre doit garder.

"Elle se rapporte uniquement à la guerre, et comprend deux choses 1. Ne

point donner de secours quand on n'y est pas obligé; ne fournir librement

ne troupes, ni armes, ni munitions, ni rien de ce qui sert directement

à la guerre. Je dis _ne point donner de secours_, et non pas _en donner

egalement_; car il seroit absurde qu'un etat secourut en même tems deux

ennemis. Et puis il seroit impossible de le faire avec egalité; les

mêmes choses, le même nombre de troupes, la même quantitié d'armes, de

munitions, &c., fournies en des circonstances differentes, ne forment plus

des secours equivalents," &c. If the neutral power may not, consistent

with its neutrality, furnish men to either party, for their aid in war,

as little can either enrol them in the neutral territory by the law of

nations. Wolf, S. 1174, says, "Puisque le droit de lever des soldats est

un droit de majesté, qui ne peut être violé par une nation etrangere, il

n'est pas permis de lever des soldats sur le territorie d'autrui, sans

le consentement du mâitre du territorie." And Vattel, before cited, L.

3. 8. 15. "Le droit de lever des soldats appartenant uniquement à la

nation, on au souverain, personne ne peut en envoler en pays etranger

sans la permission du souveraine: Ceux qui entre prennant d'engager des

soldats en pays etranger sans la permission du souverain, et en general

quiquonque debauche les sujets d'autrui, viole un des droits les plus

sacrés du prince et de la nation. C'est le crime qu'on appelle _plagiat_,

ou vol d'homme. Il n'est aucun etat police qui ne le punisse très

sévérement," &c. For I choose to refer you to the passage, rather than

follow it through all its developments. The testimony of these, and other

writers, on the law and usage of nations, with your own just reflections

on them, will satisfy you that the United States, in prohibiting all

the belligerent powers from equipping, arming, and manning vessels of

war in their ports, have exercised a right and a duty, with justice and

with great moderation. By our treaties with several of the belligerent

powers, which are a part of the laws of our land, we have established a

state of peace with them. But, without appealing to treaties, we are at

peace with them all by the law of nature. For by nature's law, man is at

peace with man till some aggression is committed, which, by the same law,

authorizes one to destroy another as his enemy. For our citizens, then,

to commit murders and depredations on the members of nations at peace

with us, or combine to do it, appeared to the Executive, and to those

with whom they consulted, as much against the laws of the land, as to

murder or rob, or combine to murder or rob its own citizens; and as much

to require punishment, if done within their limits, where they have a

territorial jurisdiction, or on the high seas, where they have a personal

jurisdiction, that is to say, one which reaches their own citizens only,

this being an appropriate part of each nation on an element where all have

a common jurisdiction. So say our laws, as we understand them ourselves.

To them the appeal is made; and whether we have construed them well or

ill, the constitutional judges will decide. Till that decision shall be

obtained, the government of the United States must pursue what they think

right with firmness, as is their duty. On the first attempt that was made,

the President was desirous of involving in the censures of the law as few

as might be. Such of the individuals only, therefore, as were citizens

of the United States, were singled out for prosecution. But this second

attempt being after full knowledge of what had been done on the first,

and indicating a disposition to go on in opposition to the laws, they

are to take their course against all persons concerned, whether citizens

or aliens; the latter, while within our jurisdiction and enjoying the

protection of the laws, being bound to obedience to them, and to avoid

disturbances of our peace within, or acts which would commit it without,

equally as citizens are. I have the honor to be, with sentiments of great

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

TO MR. HAMMOND.

Philadelphia, June 19, 1793.

Sir,--I had the honor to address you a letter on the 29th of May was

twelvemonth, on the articles still unexecuted of the treaty of peace

between the two nations. The subject was extensive and important, and

therefore rendered a certain degree of delay in the reply to be expected.

But it has now become such as naturally to generate disquietude. The

interest we have in the western posts, the blood and treasure which their

detention costs us daily, cannot but produce a corresponding anxiety on

our part. Permit me, therefore, to ask when I may expect the honor of a

reply to my letter, and to assure you of the sentiments of respect with

which I have the honor to be, Sir, your most obedient, and most humble

servant.

TO J. MADISON.

June 23, 1793.

Dear Sir,--My last was of the 17th, if I may reckon a single line

anything. Yours of the 13th came to hand yesterday. The proclamation

as first proposed was to have been a declaration of neutrality. It

was opposed on these grounds: 1. That a declaration of neutrality was

a declaration there should be no war, to which the Executive was not

competent. 2. That it would be better to hold back the declaration of

neutrality, as a thing worth something to the powers at war, that they

would bid for it, and we might reasonably ask a price, the _broadest

privileges_ of neutral nations. The first objection was so far respected

as to avoid inserting the term _neutrality_, and the drawing the

instrument was left to E. R. That there should be a proclamation was

passed unanimously with the approbation or the acquiescence of all

parties. Indeed, it was not expedient to oppose it altogether, lest it

should prejudice what was the next question, the boldest and greatest

that ever was hazarded, and which would have called for extremities had it

prevailed. Spain is unquestionably picking a quarrel with us. A series of

letters from her commissioners here prove it. We are sending a courier to

Madrid. The inevitableness of war with the Creeks, and the probability,

I might say the certainty of it with Spain, (for there is not one of us

who doubts it,) will certainly occasion your convocation, at what time I

cannot exactly say, but you should be prepared for this important change

in the state of things. The President has got pretty well again; he

sets off this day to Mount Vernon, and will be absent a fortnight. The

death of his manager, hourly expected, of a consumption is the call; he

will consequently be absent on the 4th of July. He travels in a phaeton

and pair. Doctor Logan sends you the enclosed pamphlet. Adieu. Yours

affectionately.

INDEX TO VOL. III.

Adams, John--His alienation from Mr. Jefferson, 257.

His anonymous contributions to newspapers, 267.

Letter from Jefferson explaining the difference between them, 270.

Friendly relations with Jefferson restored, 292.

Algiers--War with our best policy, 164. (See Barbary States).

Provision for our prisoners, 269, 436, 533.

America--Origin of the aborigines of, 109.

Apportionment--Bill apportioning representation, 348.

Aubaine, Droit d'--Law of in France in relation to our citizens, 189.

Its abolition in France, 259.

Baily, M.--Made mayor of Paris, 78.

Bank of United States--Shares taken immediately, 268.

Bankrupt Bill--495.

Barclay, Thomas--His second mission to Morocco, 261.

Barbary States--Barclay's mission to, 261.

Letter to Emperor of Morocco, 264.

Provision for Algerine prisoners, 209, 436, 533.

Billon--Report of National Assembly of France on, 207.

Bill of Rights--Constitution should be so amended as to insert one,

3, 13.

Arguments for and against Bill of Rights, 4, 13, 201.

Amendments proposed by Jefferson, 100, 101.

Boundary--Difficulties on our Eastern Boundary, 230.

Canals--The Potomac and Ohio Canal, 29.

The Big Beaver and Cayahoga Canal, 30.

Capitol--Plans for Capitol at Washington, 507, 508.

Dr. Thornton's plan approved, 508.

Carolina, North--(See lands public).

Census--Of United States, 205.

Chargé des Affaires--Proper form for their credentials, 142.

Charters--Whether Legislature can revoke them, 103, 108.

Cherokees--Their rights under treaty of Hopewell, 192.

Clark, Gen.--His character and talents, 217.

Commerce--Our commercial relations with England and France, 99, 100, 320.

Whether, in our commercial regulations, we should discriminate in

favor of France, 99, 100.

Our commerce with French West Indies, 113, 114, 191, 319.

Statement of our commerce with England and France, 315, 316, 317, 318.

Our commercial relations with France, 509, 516.

Our commercial relations with the Netherlands, 510.

Our commercial relations with Great Britain, 511, 514.

Our commercial relations with Spain, 512.

Our commercial relations with Portugal, 533.

Foreign built vessels, purchased by our citizens, stand on the

same footing as to neutral rights with home-built vessels, 550.

Coinage--Employment of Mr. Drost at the mint, 139, 140, 446.

Relative to copper coinage, 279.

Hamilton's report on the mint, 330. (See Mint.)

Confiscation--Relative to confiscation of refugees' property at

breaking out of Revolutionary war, 372, 377, 378, 380, 381,

382, 383, 384.

Question of restitution after the war, 372, 385, 386.

Restitution recommended by Congress, 376.

Confiscation of debts due here to the English, 387.

Debts not confiscated during war survive it, 406, 407.

But if confiscated, the debtor released, 407, 408.

Congress--Current business before, 208.

Corrupting influences brought to bear on, 360, 361, 362.

Constitutions--No such thing as a perpetual Constitution, 106, 108.

Constitution, Federal--Mr. Jefferson's opinion of, 12.

Its adoption, 13.

Its unpopularity in New York and Virginia, 24.

The elections under, 24.

Organization of Government under, 88.

Amendments to, 89.

Vote of States on, 207.

General acquiescence in, 132.

The successful operation of new government, 199, 200.

Consuls--_Native_ consuls always preferred, where they can be had,

155, 195.

Consular fees, 160.

Consular authentication of instruments, 160.

J. Johnson sent consul to London, 176.

Instructions to consuls, 187.

How far exempt from duties, taxes, &c., 193.

The footing on which law of nations places consuls, 295.

Circular to consuls, 429.

What security required of them, 429.

Our right to send Consuls to French colonies, 252.

Consular arrangements with Prussia, 457.

Currency--Great scarcity of metals after Revolution, 398. (See coinage).

Deane, Silas--His wretched condition, 101.

Debt.--Imprisonment for, wrong, 396, 397.

Debts, British--Remedy to recover suspended, 387, 391, 392, 393,

394, 395.

Justification of the suspension, 395.

Obstacles in way of recovery of in the States, 407, 408, 409,

410, 411, 412, 413, 414.

No interest on allowed during war, 415, 416, 417, 418, 419, 420.

Justification thereof, 416, 417, 418.

Debt, Foreign--Distinction between foreign and domestic debt, 156.

Payment of foreign debt pressed, 33.

Arrangement to pay officers, 37.

Amount due, 91, 92.

Mode of paying debt to France, 546, 575.

Debt, Public--The funding of, 152, 153, 165, 169.

Funded debt above par, 283.

Debt to France will not be paid in depreciated assignats, 294.

Condition of public debt, 361.

Debts, State--The question of their assumption by general government,

145, 148, 159, 166, 169, 185.

Arguments for and against assumption, 166.

Opposition to in Virginia and North Carolina, 198.

Democracy--The participation of the people in government, 81.

Distillation--Of pure from salt water, 228.

Dumas, M.--Statement of his case and claim, 331.

Education--The schools of Europe, 313.

England--Bad health of the King of, 6, 7, 25, 34, 49, 87.

Bad feeling in, towards U. States, 32.

Our diplomatic relations with, 182, 203.

Political relations with, 182.

Infractions by United States of her treaty with, 183.

Admission of our wheat by, 249.

Negotiations with, through Hammond, 365, 439.

Review of matters in controversy with, 365, 423, 424, 425, 426, 427.

Her seizure of our slaves at end of war, 387, 391.

Refuses to withdraw troops from our posts, 388.

On whom the blame of not executing the treaty should fall, 400.

Europe--Political condition of, 5, 9, 25, 34, 49, 154, 163.

War between Russia and Turkey, 56.

War between Russia and Sweden, 92.

War between England & France, 537.

Relations between Spain and England, 537.

Excise--Distinction between excise and import, 17.

Federalists--The views and aims of the party, 450, 503.

Strength of the party, 503.

The condition of, 548.

Fisheries--Report on whale and cod fisheries, 185, 214.

Fly, Hessian--An account of, 32, 38.

France--Election to States General, 8.

Question whether States should vote by persons or orders, 8, 11,

23, 27, 34, 36, 40, 41, 43.

Concessions by the King, 11, 78.

Riots, 22, 26.

Opening of States General, 22, 26, 43.

Condition of finances, 26.

Large numbers of inferior Clergy returned to Assembly, 27.

State of parties in National Assembly, 27, 34, 35.

Majority of Clergy unite with Tiers Etat, 40, 41, 43, 44.

Proposition to distribute bread among poor, 48.

Tiers Etat declare themselves National Assembly, 50, 53, 57.

Character of Tiers Etat, 58.

Character of the Noblesse, 58.

Clergy go over to Tiers Etat, 58.

A Royal session proclaimed, 60.

Duke of Orleans joins Tiers Etat, 62.

Proceedings of Court party, 60, 61.

Disaffection of soldiery, 64.

King urges Nobles and Clergy to go over to Tiers Etat, 64, 65, 83.

Supplies of provisions from U. S., 65, 67, 68, 69, 73.

Constitutional reforms by National Assembly, 69, 70, 71, 75, 94,

97, 115.

Scarcity of provisions in Paris, 73, 86, 94, 111, 117.

Military intervention by the Government, 74, 75.

Fall of Neckar and appointment of new minister, 85.

Character of new ministry, 75.

Insurrections, 76, 77, 78, 79, 84.

Bastile taken and destroyed, 77, 79, 84.

Fall of court ministry and recall of Neckar, 78, 79, 84.

Noblesse begin to emigrate, 79, 84, 87.

Massacres begin, 84, 85, 87.

The Constitutional reforms contemplated by liberal party, 89, 94, 97.

Internal condition of, 93, 94.

Financial embarrassments of France, 97, 115, 121.

Friendly disposition of National Assembly towards U. S., 99.

Division of parties in National Assembly, 116.

Danger of civil war, 117.

The King's flight from Paris, 284, 285, 293.

Plan of a French colony in America, 179.

How far our people exempt from Droit d'Aubaine in France, 189.

Commercial relations of, with U. S., 225, 274, 275, 356, 448.

Duty on our oil, 250.

Duty on our tobacco, 250, 274, 288, 289.

War between France and Spain, 357.

Payment of our debt, 252, 546.

Suspended by French revolution, 476.

Declaration of war by, against Hungary and Bohemia, 458.

Our shipments to Marseilles, 486.

Revolutionary government of France recognized by U. S., 489, 500, 522.

Military successes of France, 494, 495, 549, 570.

Effects of in United States, 502.

Mr. Jefferson's views of Jacobins, 501.

Reply to notification of establishment of French Republic, 518.

Plan of Allies to exclude neutral commerce with, 519.

Execution of King, 520.

Progress of the war, 549, 570.

Dumourier's desertion, 570.

Franklin, Benjamin--His declining health, 134.

His death, 139.

His philosophical attainments, 212.

His popularity in France, 213.

National Assembly of France expresses grief at his death, 218.

Freneau, Philip--Appointed clerk in State Department, 215.

Circumstances under which he was appointed, 464.

Fugitives--Surrender of depends on convention, 299.

Convention proposed by France, 299.

Difficulties in arranging a convention with Spain, 346.

Project of convention with Spanish provinces, 350.

General views on conventions for delivery of fugitives, 352.

Forcible seizure in Florida by Americans of slaves escaped there, 454.

Generations--Whether one generation can bind another, 103.

Genet, M.--His arrival in U. States as minister of France, 563.

Government--The best treatises on, 145.

The establishment of seat of, 145, 146, 148, 152, 160.

Removal of, to Philadelphia for ten years, and established

permanently at Georgetown afterwards, 162, 163, 169.

Hamilton, A.--His split with Jefferson, 460, 470.

His report on manufactures, 461.

His strong English bias, 548.

His political system, 548.

Hammond, Mr.--His negotiation with Jefferson, 365.

Hazzard, Mr.--His collection of State papers, 20.

Henry, Patrick--His views in respect to amendments to Virginia

constitution, 469.

Hessian Fly--An account of, 32, 38.

Humphreys, Col. David--Sent on special mission to Europe, 180.

Appointed resident minister to Portugal, 215.

Sent on special mission to Algiers, 529.

Import--Distinction between import and excise, 17.

Impressment--Of American sailors by England, 204, 206.

Case of Hugh Purdie, 204.

Provision for impressed seamen, 335.

Jefferson's views on impressment, 448.

Negotiations in relation to, 525.

Indians--Treaty with Creek Indians concluded, 184.

What right States have over Indians within their limits, 142, 281.

Their progress in civilization, 217.

Expedition against, fails, 117.

Our policy towards, 246, 247.

Hostility of the six nations, 248.

Intrigues of the English with, 248.

Disclaimed by their government, 331.

Scott's expedition against, 273, 279.

What right a State has over Indian territory within its limits,

192, 281.

Gen. Wilkinson's expedition against, 306.

Our intervention with, in favor of Spain, 358.

Intrigues of Spanish agents among, 455, 459, 474, 479, 480, 566.

Our conduct towards Creek Indians, 478, 479, 480.

Spain incites Indians to hostility against us, 478, 479, 480.

Our relations with the Indians, 478, 479, 480, 487, 581, 584.

Spanish officers furnish them with arms, &c., 566.

Indies, West--View of U. S. in regard to French West Indies, 275.

Commerce with, 275, 276.

Insurrection of negroes in St. Domingo, 303, 306, 320, 450.

Relief furnished by U. States, 492.

Insurrection--Of negroes in St. Domingo, 303, 306, 320, 450.

Jefferson, Thomas--Made Doctor of Laws by Harvard University, 14.

Asks leave of absence from France, 31, 102, 121.

Draws Constitutional charter to be signed by King of France, 45,

46, 47.

Declines any office in U. States, 102.

Declines Secretaryship of State, 124.

Accepts the same, 126.

Reason for this change, 131.

The appointment of his Assistant, 127.

Arrives in New York to enter on duties of his office, 128, 129.

Elected member of American Academy of Arts and Sciences, 130.

Letters of farewell to Parisian friends, 133, 134, 135, 136.

His observations on the weather, 144.

His illness, 155.

Depredations on his property during the war, 197.

His visit to eastern States, 265.

His purpose to retire from the Cabinet, 467, 490, 521, 577.

Delay therein, and reasons for it, 506, 531.

Letter to Gen. Washington, urging him to serve a second term, 360.

His negotiations with Mr. Hammond, 439.

His conversations with Hammond, 365, 439.

His controversy with Hamilton, 460.

Statement of, to Washington, 460.

Summary of his views on Constitution, 463.

Hamilton's attacks upon him, 460, 470.

Collection of his letters, 520.

Refuses to embark in any enterprise to improve his fortune while

in public office, 527.

Jones, Paul--Difficulties with Russian officers, 301.

Sent Commissioner to Algiers, 431.

His instructions, 431.

His death, 528.

Juries--Remarks on, by Jefferson, 81.

Jurisdiction--One Sovereign not amenable to jurisdiction of another, 277.

Kaims, Lord--Jefferson's opinion of, 452.

La Fayette, Marquis de--Jefferson advises him to join Tiers Etat, 20.

Embarrassment of his position, 32.

Made commander in chief of National Guards, 84.

Efforts to secure his release from imprisonment, 524.

Lands, Public--What included in cession of North Carolina, 229.

Laws--Collection of laws of different States, 184.

No such thing as a perpetual law, 106, 108.

Law of Nations--One Sovereign not amenable to jurisdiction of

another, 277.

Enemy's property in our territory may be seized at beginning

of the war, 369.

Debts also may be confiscated, 387.

Right of one party where other violates a treaty, 391.

Before a foreigner can apply to executive for relief, he must

exhaust his remedies in the courts, 538, 540, 541, 585.

We acknowledge always the government de facto, 489, 500, 522.

Literature--Literary news of Europe, 14.

Loans--Negotiation of Holland loan, 247.

Destination of Holland loan, 536.

Louis XVI.--His execution, 520.

Luzerne, Marquis de--Letter of regret to, on termination of his

mission to U. S., 140, 141.

Gold medal for, 170.

Measure--Standard of, 157, 161.

The Standard adopted by National Assembly of France, 276. (See

weights and measures.)

Mesmerism--Jefferson considers Mesmer a maniac, 212.

Ministers, Foreign--Medals presented to on leaving, 142.

Breach of privilege, 453.

Mint--Arrangements for its establishment, 139, 140, 446, 509, 542.

An assayer for, 542.

Hamilton's report on, 330. (See coinage.)

Mississippi River--Question of the right of navigation with Spain, 172.

Necessity of some port on its banks, 173, 178, 228.

Negotiations in relation to, 178, 227, 233, 234, 328, 340, 341,

342, 344.

Morocco--Death of Emperor of, 357. (See Barbary States.)

Morris, Gouverneur--Appointed minister to France, 325.

His instructions, 325, 329, 448.

His salary, 325.

Opposition to his appointment, 329.

Morris, R.--His purchases of lands in Massachusetts, 231.

Moustier, Ct. de--Letter of respect to, on terminating his mission

to United States, 216.

Neckar, M.--His character, 52, 53.

His popularity in France, 61, 62.

His dismissal from office, 75.

His recall, 78, 79.

Neutrality--Principles of, pursued by our government, 559, 561,

571, 573, 574, 582.

Our efforts to preserve neutrality, 533, 535, 542, 551, 557,

564, 569, 574, 580, 583.

Proclamation of, 543, 544.

Circumstances attending it, 591.

Invasions of our neutrality by France, 547, 558, 560, 571,

583.

Existing treaties with France, &c., and duties under, 651.

Hamilton's interference with this question, 552, 556.

It is a question belonging to State and not Treasury department,

556.

Government does not prohibit exportation of arms, ammunition, &c.,

but leaves them to be confiscated, if seized, 558, 560.

Punishment of our citizens for invasions of, 559, 574.

The equipment and arming of vessels in our waters, violation of

our neutrality, 559, 561, 571, 573, 586, 587, 588, 589.

Right of France and Holland under pre-existing treaties, to arm

and equip vessels in our ports, 564.

Circumstances under which French vessels were armed and equipped

in our ports, 573.

Difficulties with French and English ministers, 585, 586.

Office--Rotation in, 18.

Olive--Introduction of, culture in South Carolina, 475.

Orleans, Duke of--Goes over to the Tiers Etat, 62.

His character, 95.

His faction, 118.

Pagan, Thomas--Memorial in his case, 308.

Answer thereto, 335.

Merits of his case, 538.

Paine, Thomas--Extract of letter from, 32.

Sensation produced by his pamphlet "The Rights of Man," 267, 279.

Passports--For sea vessels and mode of distributing them, 555.

To whom and on what conditions granted, 581.

Pinckney, Thomas--Appointed minister to England, 298, 321.

His letters of credence, 441.

Instructions to, 442.

Portugal--Establishment of mission to, 174, 175.

Health of Queen of, 359.

Her successor, 359.

Commercial relations with, 488.

Post-Office--Plan to increase speed of posts, 344.

President, The--Question of his re-eligibility, 13.

Prisoners--Redemption of Algerine prisoners, 112, 531. (See Barbary

States.)

Privateering--Proposition to abandon it in time of war, 477.

Proclamation--Against whiskey riots in Pennsylvania, 471.

Randolph, Edward--His vacillation in Cabinet, 569.

Republicans--Their ascendency in country, 491, 493.

Rhode Island--Accedes to the Union, 146.

Rice--The rice trade of France, 110.

Science--Scientific news of Europe, 15, 16.

Sea Letters--On what terms granted, and to whom, 130.

Secretaries--Proposed to give them seats on floor of Congress, 491.

Short, Wm.--Appointed resident minister at Hague, 322.

His salary and outfit, 322.

Joined in mission to Spain to negotiate for navigation of the

Mississippi river, 328.

Slavery--Slaves escaping to Florida restored to masters, 195, 219.

Difficulties in connection with fugitive slaves, 454.

Efforts to elevate negro race, 291.

Our slaves carried off by English at end of war, 387.

Spain--Presentation of case of Don Blas to court of, 138.

Independence of her colonies, 534.

Invasions by, of jurisdiction of United States, 222.

States General--(See France).

State, Department of--Statement of accounts of, 482, 483, 484.

St. Domingo--Sends deputies to States General of France, 52.

They are received, 64.

Insurrection of the negroes, 303, 306, 320, 450. (See West Indies.)

Stocks, Public--Depreciation in their value, 343, 430.

Sugar--The manufacture of from maple, 158.

Ternant, M.--His alienation from Jefferson and affiliation with

Hamilton, 549.

Treaties--Paramount to State laws, 402, 403, 404, 405, 406.

United States--Supply of corn from, for France, 66, 67, 68, 119, 122.

Credit of, in Holland, 114.

Division of parties in, 209, 363, 494, 495, 557.

Invasion of our jurisdiction by Spain, 222.

Prosperity of, 260.

Gambling, stock-jobbing and speculating mania abroad in, 285.

Condition of political parties, 361.

The federalists, their views, strength, and conduct, 450, 503, 548.

Virginia--Whether her first constitution was repealable by an

ordinary legislature, 202.

Destruction of her records in 1781, 258.

Jefferson's views of a new Constitution for, 314.

War--What amounts to levying war, 256.

Washington, George--Elected first President, 21.

Letter to, from Jefferson on the occasion, 30.

His health, 132, 166, 579.

His pure Republicanism, 224.

His visit to southern States, 245.

Equestrian statue of, proposed, 347.

Letter from Jefferson, urging him to serve a second term, 360.

Reasons urged in favor of it, 360, 361, 362, 364.

Dissensions in his Cabinet, 460.

His proclamation against Pennsylvania riots, 471.

Attacks upon him in newspapers, 579.

Washington City--Survey and map of, 221.

Laying off the city, 236, 297, 301, 336.

Reservation of public grounds, 238.

Proposition to build a whole street, 300.

Sale of lots, 301.

Plan for Capitol and President's house, 337, 507.

Dr. Thornton's model of Capitol approved, 508.

Waste--The law of, 452.

Weights and Measures--A standard of, 149, 150, 157, 161, 171, 496.

West Indies--(See Indies, West).

Whale Fishery--Of England, 112.

Wine--Mazzeis, experiment at making it in Virginia, 251, 284.