[52] A little later, Jefferson wrote to Madison: “The president is not well; little lingering fevers have been hanging about him for a week or ten days, and affect 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 these things more than any other person I ever yet met with. I am sincerely sorry to see them.” How utterly insincere appears the last clause of this paragraph, compared with the one next preceding it! The most scurrilous of the attacks alluded to proceeded from Freneau, a clerk in Mr. Jefferson's office!
[53] Letter to Mr. Jefferson, Secretary of State, dated “Philadelphia, May 23d, 1793, second year of the republic.”
[54] “During these proceedings,” says Chief-Justice Jay, “the circuit court was held at Richmond by the chief justice, who in his charge to the grand jury explained the obligations of the United States as a neutral nation, and directed the jury to present all persons within their district guilty of violating the laws of nations with respect to any of the belligerent powers. The charge was well calculated to strengthen the government, by letting the public perceive that the supreme court would fearlessly discharge its duty, in punishing acts forbidden by the neutral position of the nation.”—Life and Writings of John Jay, i. 302.
CHAPTER XXII.
genet's letter to the secretary of state on the subject of treaty guaranties—the question reconsidered by the cabinet—their decision and genet's anger—genet supported and misled by the republicans—his indecorous correspondence with the secretary of state—madness of the populace—hamilton and madison—position of the government assailed—washington on the democratic societies—called to mount vernon—genet fits out a privateer at philadelphia—measures to prevent her sailing—washington returns to philadelphia—a cabinet council—genet defies the government—one of the american privateers acquitted—washington laments the disaffection of the people, but swerves not—determination to have genet recalled—proceedings in the cabinet—washington's wrath.
The action of the cabinet gave umbrage to Genet, and he wrote a spirited letter to the secretary of state. He assented to the restoration of “The Grange,” she having been captured within American waters, but he protested most vehemently against all interference on the part of the United States with the privateers at sea. He alleged that they were armed and furnished by French residents in Charleston, were commanded by French officers, or Americans who knew of no law or treaty to restrain their action, and that they had gone to sea with the consent of the governor of South Carolina. He argued, that as the treaty of commerce secured to the parties the right of bringing prizes into each other's ports, it followed that their right to the control and disposal of prizes so brought in, was conceded to each. As the treaty of 1778 only forbade each party allowing enemies to fit out privateers in their respective ports, it was fair to conclude that there was also conceded a mutual right in the parties themselves to fit out privateers in the ports of the other. He insisted that the Americans on board the privateers had, for the time, entered the service of France and renounced the protection of the United States, and that therefore they were no longer responsible to their own government for their acts.
Notwithstanding the want of decorum in some portions of Genet's letter, the president and his cabinet reconsidered the questions at issue in the light of the minister's arguments. Their opinions remained unchanged, and Genet was informed that the privateer then in the Delaware, bearing his name, must forthwith leave American waters; that orders had been sent to all the ports of the United States for the seizure of all vessels fitted out as privateers, and to prevent the sale of any prizes captured by such vessels; and also for the arrest of Henfield and Singleterry, two Americans, who had enlisted on board the Citizen Genet at Charleston.