The Life of George Washington, Vol. 5 | Page 9

John Marshall
infringement of national sovereignty to the prejudice of a third party, in which the government was to demand a reparation, with the double view of vindicating its own rights, and of doing justice to the suffering party.
They, therefore, were of opinion that, in the case stated for their consideration, restitution ought to be made.
On the point respecting which his cabinet was divided, the President took time to deliberate. Those principles on which a concurrence of sentiment had been manifested being considered as settled, the secretary of state was desired to communicate them to the ministers of France and Britain; and circular letters were addressed to the executives of the several states, requiring their co-operation, with force if necessary, in the execution of the rules which were established.
The citizen Genet was much dissatisfied with these decisions of the American government. He thought them contrary to natural right, and subversive of the treaties by which the two nations were connected. In his exposition of these treaties, he claimed, for his own country, all that the two nations were restricted from conceding to others, thereby converting negative limitations into an affirmative grant of privileges to France.
Without noticing a want of decorum in some of the expressions which Mr. Genet had employed, he was informed that the subjects on which his letter treated had, from respect to him, been reconsidered by the executive; but that no cause was perceived for changing the system which had been adopted. He was further informed that, in the opinion of the President, the United States owed it to themselves, and to the nations in their friendship, to expect, as a reparation for the offence of infringing their sovereignty, that the vessels, thus illegally equipped, would depart from their ports.
Mr. Genet was not disposed to acquiesce in these decisions. Adhering to his own construction of the existing treaty, he affected to consider the measures of the American government as infractions of it, which no power in the nation had a right to make, unless the United States in congress assembled should determine that their solemn engagements should no longer be performed. Intoxicated with the sentiments expressed by a great portion of the people, and unacquainted with the firm character of the executive, he seems to have expected that the popularity of his nation would enable him to overthrow that department, or to render it subservient to his views. It is difficult otherwise to account for his persisting to disregard its decisions, and for passages with which his letters abound, such as the following:
"Every obstruction by the government of the United States to the arming of French vessels must be an attempt on the rights of man, upon which repose the independence and laws of the United States; a violation of the ties which unite the people of France and America; and even a manifest contradiction of the system of neutrality of the President; for, in fact, if our merchant vessels,[5] or others, are not allowed to arm themselves, when the French alone are resisting the league of all the tyrants against the liberty of the people, they will be exposed to inevitable ruin in going out of the ports of the United States, which is certainly not the intention of the people of America. Their fraternal voice has resounded from every quarter around me, and their accents are not equivocal. They are pure as the hearts of those by whom they are expressed, and the more they have touched my sensibility, the more they must interest in the happiness of America the nation I represent;--the more I wish, sir, that the federal government should observe, as far as in their power, the public engagements contracted by both nations; and that, by this generous and prudent conduct, they will give at least to the world, the example of a true neutrality, which does not consist in the cowardly abandonment of their friends in the moment when danger menaces them, but in adhering strictly, if they can do no better, to the obligations they have contracted with them. It is by such proceedings that they will render themselves respectable to all the powers; that they will preserve their friends and deserve to augment their numbers."
[Footnote 5: The regulation alluded to as was stated by Mr. Jefferson in reply, did not relate to vessels arming for defence, but to cruisers against the enemies of France.]
A few days previous to the reception of the letter from which the above is an extract, two citizens of the United States, who had been engaged by Mr. Genet in Charleston to cruise in the service of France, were arrested by the civil magistrate, in pursuance of the determination formed by the executive for the prosecution of persons having thus offended against the laws. Mr. Genet demanded
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