CHAPTER the treaties. They admitted the right of France to VI. change her government, but they questioned her right, 1793. after such a change, to hold the United States to treaties made with a view to a totally different state of things, and which, if now carried out, might impose obligations on the United States, and expose them to dangers never dreamed of when the treaties were made. As to the effect of the guarantee, supposing the treaties binding, they held that it did not apply to an offensive war on the part of France, which the present war must be taken to be, as she had made the first declaration of it; pending, therefore, the present war, the guarantee must be considered as suspended. Jefferson, whom Randolph inclined to support, thought the treaties as binding in case of the republic as in case of the king. As to the effect or operation of the guarantee they declined to give any opinion, it not being at present necessary. Yet, by agreeing to the proclamation of neutrality, they concurred in putting a limit to the binding force of that guarantee, rather difficult to reconcile with its existence at all. Hamilton's views had at least the advantage of consistency; and the course which he advised, of explicitly declaring the obligation of the guarantee suspended, would have found ample justification in the course adopted by the French Convention itself. Before news reached France of WashMay 17. ington's proclamation of neutrality, orders had been issued there, in direct repugnance to the treaty of com merce with the United States, for the capture and forfeiture of enemy's goods on board neutral vessels; whereas the treaty provided that free ships should make free goods. On the representation of Morris, this order was suspended for a few days as to American vessels, but this suspension was soon recalled, and the treaty in that respect, as VI. afterward in others, quite disregarded. The excuse was CHAPTER the peculiar position in which France was placed, in substance the same argument on which Hamilton relied. 1793. The course actually adopted had this disadvantage in it: by seeming to recognize the treaties as in full binding force, guarantee and all, it gave France an opportunity, of which afterward she amply availed herself, to set up claims upon the United States quite inconsistent with their independent neutrality. The proclamation, as issued, announced the disposition April 22. of the United States to pursue a friendly and impartial conduct toward all the belligerent powers, a course alike required by their duty and their interest. It exhorted and warned the citizens to avoid all acts not in accordance with such a disposition; and declared the resolu tion of the government not only not to interfere on behalf of those who might expose themselves to punishment or forfeiture under the law of nations by aiding or abetting either of the belligerents, but to cause all such acts done within the jurisdiction of the United States to be prosecuted in the proper courts. Whether the state of the public feeling would have admitted, on the part of the American government, any position less ambiguous than the one actually takensuch, for instance, as a suspension of the guaranteemay well admit of a doubt. Not only did enthusiasm run very high on behalf of the French republic, but that feeling was seconded and inflamed by all the hatred of Great Britain treasured up during the Revolutionary war. Genet, the new French embassador, knew. very well how to take advantage of both these sentiments. Placed, according to his own account, at the age of twelve years, in the bureau of foreign affairs, he had translated, under his father's direction, into the French language, CHAPTER the new American Constitutions and many political es VI. says, "thus contributing to penetrate the French with 1793. the spirit of '76." After being seven years head of the bureau at Versailles, under the direction of Vergennes, he had passed one year at London in a diplomatic capac ity, two at Vienna, one at Berlin, and five in Russia, whence he had recently been expelled by the Empress Catharine. Having been lately employed in revolutionizing Geneva and annexing it to the French republic, he had been selected by the Girondins, then in power, as a fit person to be sent to America, the object of his mission being, in fact, as appeared from his instructions afterward published, to draw the United States, as far as possible, into making common cause with France. By no means deficient in abilities, nor without experience as a diplomatist, he was completely filled with that terrible fanaticism, setting all ordinary rules of prudence, and, indeed, of morals at defiance, hitherto, in the history of the world, connected mostly with religious ideas, but passing at this era into politics, and seeming to concentrate in the hearts of the popular leaders, and in an active mass of the people themselves, all the hatred, rage, and revenge which centuries of oppression had served to accumulate; an enthusiasm aggravated to the highest pitch by the union of the kings and aristocracies of Europe against the French republic; and potent enough to drive even wise men into madness. His reception at Charleston, on the part of Governor Moultrie and the citizens, had been most enthusiastic. Being provided with blank commissions, both naval and military, he caused to be fitted out two privateers, manned mostly with Americans, which put to sea under the French flag, and, cruising along the coast, soon made numerous captures of homeward-bound British vessels. VI. He also assumed, under a decree of the Convention, the CHAPTER extraordinary authority of authorizing the French consuls throughout the United States to erect themselves 1793. into courts of admiralty for trying and condemning such prizes as the French cruisers might bring into American ports. The frigate L'Ambuscade, in which he had arrived at Charleston, soon sailed for Philadelphia, making prizes of several British vessels by the way. One was captured within the Capes of the Delaware, the restitution of which was speedily demanded by the British minister, who presented, also, numerous other complaints against the doings of the privateers fitted out at Charleston. At a cabinet council held to consider these memorials, it was agreed that the privateering commissions issued by Genet, as well as the condemnation of prizes by the French consuls, were unauthorized by treaty, irregular, and void. It was also agreed that the Grange, the vessel captured by the French frigate L'Ambuscade within the Capes of the Delaware, must be restored to the British owners. As to the vessels captured by the privateers fitted out by Genet and sent into the United States, it was the opinion of Hamilton and Knox that, as these captures were manifestly illegal, adherence to the proclamation of neutrality required that the captured vessels should be restored to their owners, as otherwise the United States would allow themselves to be made the instrument of injury to Great Britain. Jefferson and Randolph maintained, on the other hand, that if the captures were illegal, as to which they did not choose to commit themselves, the owners ought to be left to the courts of law to recover their property; that a disavowal of assent to the proceedings in which these captures originated, and the steps taken for future prevention, ought to be satisfactory to the English; and that to atIV. D D CHAPTER tempt to restore the captured vessels by force would VI. amount to reprisals against the French republic-a very 1793. serious matter indeed, and which the executive had no right to enter upon without special authority from Congress. Hamilton insisted, in reply, that here was not a question of mere ownership, proper for the courts, but a question of neutrality, demanding, as it was admitted the case of the Grange did, the direct interference of the government, which Great Britain, under the circumstances, would have a right to expect, and of which France would have no right to complain. On this disputed point-as to which Washington subsequently conformed to the opinion of Hamilton-decision was suspended. Meanwhile, the resolutions on the points agreed May 15. to were communicated to Ternant. This communication Ternant handed over to Genet, who arrived just at this time at the seat of government. For reasons of policy as well as security, the French minister had proceeded from Charleston to Philadelphia by land. His journey had been almost a triumphal procession. Those same Republicans who had severely reprobated any excessive marks of respect toward Washington, thought it almost impossible to do too much to honor the French republic in the person of her minister. May 16. On his approach to Philadelphia, he was met at Gray's Ferry by an immense crowd, who escorted him into the city. The next day he received addresses from numerous societies, and from the citizens at large, who waited May 18. upon him in a body for that purpose. The day following he was presented to the president and officially accredited. But on this occasion he was by no means so well satisfied. Not only did the president's address seem very tame after all the fervid speeches he had heard between Charleston and Philadelphia, but he actually found |