TO J. MADISON.
May 13.
I wrote you on the 5th covering an open letter to Colonel Monroe, since that I have received yours of April 29. We are going on here in the same spirit still. The Anglophobia has seized violently on three members of our council. This sets almost every day on questions of neutrality. H. produced the other day the draft of a letter from himself to the collector of the customs, giving them in charge to watch over all proceedings in their district, contrary to the laws of neutrality or tending to impair our peace with the belligerent powers, and particularly to observe if vessels pierced for guns should be built, and to inform him of it. This was objected to, 1st. As setting up a system of espionage, destructive of the peace of society. 2d. Transferring to the treasury department the conservation of the laws of neutrality and peace with foreign nations. 3d. It was rather proposed to intimate to the judges that the laws respecting neutrality being now come into activity, they should charge grand juries with the observance of them; these being constitutional and public informers, and the person accused knowing of what they should do, and having an opportunity of justifying themselves. E. R. found out a hair to split, which, as always happens, became the decision. H. is to write to the collectors of the customs, who are to convey their information to the attorney of the district, to whom E. R. is to write, to receive their information and proceed by indictment. The clause respecting the building vessels pierced for guns is to be omitted; for, though three against one, thought it would be a breach of neutrality; yet they thought we might defer giving a public opinion on it as yet. Everything, my dear Sir, hangs upon the opinion of a single person, and that the most indecisive one I ever had to do business with. He always contrives to agree in principle with one, but in conclusion with the other. Anglophobia, secret anti-gallomany, a federalisme outree, and a present ease in his circumstances not usual, have decided the complexion of our dispositions, and our proceedings towards the conspirators against human liberty, and the asserters of it, which is unjustifiable in principle, in interest, and in respect to the wishes of our constituents. A manly neutrality, claiming the liberal rights ascribed to that condition by the very persons at war, was the part we should have taken, and would I believe have given satisfaction to our allies. If anything prevents its being a mere English neutrality, it will be that the penchant of the President is not that way, and above all, the ardent spirit of our constituents. The line is now drawn so clearly as to show on one side, 1. The fashionable circles of Philadelphia, New York, Boston and Charleston, (natural aristocrats.) 2. Merchants trading on British capital. 3. Paper men, (all the old tories are found in some one of the three descriptions.) On the other side are, 1. Merchants trading on their own capital. 2. Irish merchants. 3. Tradesmen, mechanics, farmers, and every other possible description of our citizens. Genett is not yet arrived though hourly expected. I have just heard that the workmen I had desired from Europe were engaged and about to embark. Another strong motive for making me uneasy here. Adieu.
TO MR. HAMMOND.
Philadelphia, May 15, 1793.
Sir,—Your several memorials of the 8th instant have been laid before the President, as had been that of the 2d, as soon as received. They have been considered with all the attention and the impartiality which a firm determination to do what is equal and right between all the belligerent powers, could inspire.
In one of these, you communicate, on the information of the British consul at Charleston, that the consul of France at the same place had condemned as legal prize, a British vessel, captured by a French frigate, and you justly add that this judicial act is not warranted by the usage of nations, nor by the stipulations existing between the United States and France. I observe further, that it is not warranted by any law of the land. It is consequently a mere nullity; as such it can be respected in no court, can make no part in the title to the vessel, nor give to the purchaser any other security than what he would have had without it. In short, it is so absolutely nothing as to give no foundation of just concern to any person interested in the fate of the vessel; and in this point of view, Sir, I am in hopes you will see it. The proceeding, indeed, if the British consul has been rightly informed, and we have no other information of it, has been an act of disrespect towards the United States, to which its government cannot be inattentive; a just sense of our own rights and duties, and the obviousness of the principle, are a security that no inconveniences will be permitted to arise from repetitions of it.
The purchase of arms and military accoutrements by an agent of the French government, in this country, with an intent to export them to France, is the subject of another of the memorials. Of this fact we are equally uninformed as of the former. Our citizens have been always free to make, vend and export arms. It is the constant occupation and livelihood of some of them. To suppress their callings, the only means perhaps of their subsistence, because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle, and impossible in practice. The law of nations, therefore, respecting the rights of those at peace, does not require from them such an internal derangement in their occupations. It is satisfied with the external penalty pronounced in the President's proclamation, that of confiscation of such portion of these arms as shall fall into the hands of any of the belligerent powers on their way to the ports of their enemies. To this penalty our citizens are warned that they will be abandoned; and that even private contraventions may work no inequality between the parties at war, the benefits of them will be left equally free and open to all.
The capture of the British ship Grange by the French frigate l'Embuscade, has on inquiry been found to have taken place within the bay of Delaware and jurisdiction of the United States, as stated in your memorial of the 2d instant. The government is, therefore, taking measures for the liberation of the crew and restitution of the ship and cargo.