Mr. Genet had remonstrated against the acquiescence of the American executive in this exposition of the law of nations, in such terms as he was accustomed to employ; and on the 9th of July, in the moment of the contest respecting the Little Democrat, he had written a letter demanding an immediate and positive answer to the question, what measures the President had taken, or would take, to cause the American flag to be respected? He observed, that "as the English would continue to carry off, with impunity, French citizens, and French property found on board of American vessels, without embarrassing themselves with the philosophical principles proclaimed by the President of the United States," and as the embarrassing engagements of France deprived her of the privileges of making reprisals at every point, it was necessary for the interests of both nations, quickly to agree on taking other measures.
Not receiving an immediate answer, Mr. Genet, towards the close of July, again addressed the secretary of state on the subject. In this extraordinary letter, after complaining of the insults offered to the American flag by seizing the property of Frenchmen confided to its protection, he added, "your political rights are counted for nothing. In vain do the principles of neutrality establish, that friendly vessels make friendly goods; in vain, sir, does the President of the United States endeavour, by his proclamation, to reclaim the observation of this maxim; in vain does the desire of preserving peace lead to sacrifice the interests of France to that of the moment; in vain does the thirst of riches preponderate over honour in the political balance of America: all this management, all this condescension, all this humility, end in nothing; our enemies laugh at it; and the French, too confident, are punished for having believed that the American nation had a flag, that they had some respect for their laws, some conviction of their strength, and entertained some sentiment of their dignity. It is not possible for me, sir, to paint to you all my sensibility at this scandal which tends to the diminution of your commerce, to the oppression of ours, and to the debasement and vilification of republics. It is for Americans to make known their generous indignation at this outrage; and I must confine myself to demand of you a second time, to inform me of the measures which you have taken, in order to obtain restitution of the property plundered from my fellow citizens, under the protection of your flag. It is from our government they have learnt that the Americans were our allies, that the American nation was sovereign, and that they knew how to make themselves respected. It is then under the very same sanction of the French nation, that they have confided their property and persons to the safeguard of the American flag; and on her, they submit the care of causing those rights to be respected. But if our fellow citizens have been deceived, if you are not in a condition to maintain the sovereignty of your people, speak; we have guaranteed it when slaves, we shall be able to render it formidable, having become freemen."
On the day preceding the date of this offensive letter, the secretary of state had answered that of the 9th of July; and, without noticing the unbecoming style in which the decision of the executive was demanded, had avowed and defended the opinion, that "by the general law of nations, the goods of an enemy found in the vessels of a friend are lawful prize." This fresh insult might therefore be passed over in silence.
While a hope remained that the temperate forbearance of the executive, and the unceasing manifestations of its friendly dispositions towards the French republic, might induce the minister of that nation to respect the rights of the United States, and to abstain from violations of their sovereignty, an anxious solicitude not to impair the harmony which he wished to maintain between the two republics, had restrained the President from adopting those measures respecting Mr. Genet, which the conduct of that gentleman required. He had seen a foreign minister usurp within the territories of the United States some of the most important rights of sovereignty, and persist, after the prohibition of the government, in the exercise of those rights. In asserting this extravagant claim, so incompatible with national independence, the spirit in which it originated had been pursued, and the haughty style of a superior had been substituted for the respectful language of diplomacy. He had seen the same minister undertake to direct the civil government; and to pronounce, in opposition to the decisions of the executive, in what departments of the constitution of the United States had placed certain great national powers. To render this state of things more peculiarly critical and embarrassing, the person most instrumental in producing it, had, from his arrival, thrown himself into the arms of the people, stretched out to receive him; and was emboldened by their favour, to indulge the hope of succeeding in his endeavours, either to overthrow their government, or to bend it to his will. But the full experiment had now been made; and the result was a conviction not to be resisted, that moderation would only invite additional injuries, and that the present insufferable state of things could be terminated only by procuring the removal of the French minister, or by submitting to become, in his hands, the servile instrument of hostility against the enemies of his nation. Information was continually received from every quarter, of fresh aggressions on the principles established by the government; and, while the executive was thus openly disregarded and contemned, the members of the administration were reproached in all the papers of an active and restless opposition, as the violators of the national faith, the partisans of monarchy, and the enemies of liberty and of France.
[The] unwearied efforts of that department to preserve that station in which the various treaties in existence had placed the nation, were incessantly calumniated[8] as infractions of those treaties, and ungrateful attempts to force the United States into the war against France.
The judgment of the President was never hastily formed; but, once made up, it was seldom to be shaken. Before the last letter of Mr. Genet was communicated to him, he seems to have determined to take decisive measures respecting that minister.
Rules laid down by the executive in relation to the powers at war within the ports of the United States.
The president requests the recall of Genet.
[That] the course to be pursued might be well considered, the secretary of state was requested to collect all the correspondence with him, to be laid before a cabinet council about to be held for the purpose of adjusting a complete system of rules to be observed by the belligerents in the ports of the United States. These rules were discussed at several meetings, and finally, on the third of August, received the unanimous approbation of the cabinet. They[9] evidence the settled purpose of the executive, faithfully to observe all the national engagements, and honestly to perform the duties of that neutrality in which the war found them, and in which those engagements left them free to remain.
In the case of the minister of the French republic, it was unanimously agreed that a letter should be written to Mr. Morris, the minister of the United States at Paris, stating the conduct of Mr. Genet, resuming the points of difference which had arisen between the government and that gentleman, assigning the reasons for the opinion of the former, desiring the recall of the latter, and directing that this letter, with those which had passed between Mr. Genet and the secretary of state, should be laid before the executive of the French government.
To a full view of the transactions of the executive with Mr. Genet, and an ample justification of its measures, this able diplomatic performance adds assurances of unvarying attachment to France, expressed in such terms of unaffected sensibility, as to render it impossible to suspect the sincerity of the concluding sentiment—"that, after independence and self-government, there was nothing America more sincerely wished than perpetual friendship with them."