Washington and his colleagues; a chronicle of the rise and fall of federalism

il 8, and at once began activities so authoritative as to amount to an erection of French sovereignty in the United States. The subsequent failure of his efforts and

monarchy, and it was as an interpreter attached to that bureau that the son began his career in 1775. While still a youth, he gained literary distinction by his translations of historical works from Swedish into French. Genet was successively attached to the French Embassies at Berlin and Vienna, and in 1781 he succeeded his father in the Department of Foreign

ce, the explanation should be sought in the circumstances of his mission more than in the nature of his personality. When the matter is considered from this standpoint, not only does one find that Genet'

into a useful ally. Jefferson, while Minister to Paris, had been sympathetic with the Revolutionary movement. In 1789, the English Ambassador reported to his government that Jefferson was much consulted by the leaders of the Third Estate. On the other hand, Gouverneur Morris, who was then living in Paris, sympathized frankly with the King. Nevertheless he was chosen to succeed Jefferson as the American Minister. In notifying him of the appointment, Washington let him know that there had been objections. "It was urged that in France you were considered as a favorer of the

special efforts in that quarter. Spain, which had entered the coalition against republican France, held the lower Mississippi. Spain was therefore the common enemy of France and of the American settlements west of the mountains. Ought not then those two republican interests to work together to expel Spain and to seize Louisiana? Moreover, there was a belief, not without grounds, that the older States which formed the American union were indifferent to the needs and interests of the country west of the Alleghenies and would be more relieved than afflicted if it should take its destinies into its own hands. Such considerations animated a group of Americans in Paris, among whose prominent members were Thomas Paine, the pamphleteer, Joel Barlow, the poet, and Dr. James O'Fallon, a

any time, and depart." All vessels of either country had the right to take refuge in the ports of the other, whether from stress of weather or pursuit of enemies, "and they shall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance." It was expressly provided that such hospitality should not be extended to vessels of an enemy of either country. The accompanying instrument, entitled a treaty of alliance, was a mutual guarantee of territorial possessions, "forever against all other powers." These broad rights and privileges were s

ll needful powers for that purpose, so far as the French government could confer them. According to a dispatch from Morris to the State Department, Genet

overnment that Moultrie had permitted him to arm privateers and had assisted the various branches of his mission in every possible way. Such was Genet's energy that within five days after his arrival he had opened a recruiting station at which Amer

or, and took this vessel with her to Philadelphia as a prize. As Genet neared Philadelphia on May 16, L'Ambuscade gave notice by firing three guns, at which signal a procession was formed to meet Genet at Gray's Ferry and escort him to his lodgings. He found awaiting him a letter from George Rogers Clark, which gave an account of his plans for the invasion of Louisiana and the capture of New Orleans, and which announced his readiness to start if he were assisted by some f

commander that the frontier had yet produced, and such was the weakness of the Spanish defenses that had his expedition been actually launched as planned, the conquest of Louisiana might indeed have been accomplished.

fect this desirable purpose may be adopted without delay." On arriving at Philadelphia a few days later, Washington was met by a distracted Cabinet. The great difficulty was the conflict of obligations. The United States had a treaty of alliance with France; it had a treaty of peace with Great Britain. The situation had become such that it could not sustain both relations at the same time. If the United States remained neutral, it would have to deny to France privileges conferred by the treaty which had been negotiated w

f the French Republic. Chief Justice Marshall left on record his opinion that this feeling "was almost universal," and that "a great majority

genious tissue and suite, that they were not the President's, that they were raised upon a prepared chain of argument, in short, that the language was Hamilton's and the doubts his alone." In Jefferson's opinion they were designed to lead "to a declaration of the Executive that our treaty with France is void."

citizens of the United States in the war between France and Great Britain, &c

e with France as applying to the present situation of the parties? May they either ren

efferson-"Is it necessary or advisable to call together the two Houses of Congress, with a view to th

mous agreement that a proclamation should be issued "forbidding our citizens taking any part in any hostilities on the seas with or against any of the belligerent powers; and warning them against carrying to any such powers any of those articles deemed contraband, according to the modern usage of nations; and enjoining them from all acts and proceedings inconsistent with the duties of a friendly nation toward those at war." Jefferson's scruples having been appeased by avoiding the use of the term "neutrality," it was now unanimously decided that Congress should not be called. It was further decided that the French Minister should be received. Jefferson and Randolph, however, were of opinion that he should be received without conditions, while Hamilton, supported by Knox, held that the Minister ought to be apprised of the intentio

xpression of the affection of America for France. The proclamation was issued on April 22, two weeks after the arrival of Genet at Charleston. The procedure that had been adopted at Jefferson's instance avoided none of the difficulties that a declaration of neutrality would have encountered but rather increased them by putting the Government in a false position. The mere omission of the term did not prevent it from being known as a neutralit

importance. If it was still in force, the treaty formed part of the law of the land, and American citizens might plead immunity for acts done in pursuance of its provisions. Hamilton was for suspending the treaty since a situation had arisen which made its provisions inconsistent with a policy of neutrality. His main contention was that the obligations imposed by the treaty of '78 were no longer binding on the United States, since they contemplated only defen

d interfere with American citizens in their dealings with him? He shrewdly refrained from any attempt to defend the capture of the Grange by L'Ambuscade in Delaware Bay. "The learned conclusions of the Attorney-General of the United States, and the declarations of the American Government, have been on this subject the rule of my conduct. I have caused the prize to be given up." But he stood firm on rights secured by the treaty. "As long as the States, assembled in

ilities against a nation at peace with the United States." So great is the force of legal pedantry that Jefferson was unable to agree that the President should proclaim neutrality in clear and positive terms; but that same pedantry was effectively employed in covering the legal flaws of Jefferson's position in his notes to Genet. He attenuated the treaty obligations by strict construction and also by reservations founded on the general principles of international law. "By our treaties with several of the belligerent Powers," he told Genet, "we have established a style of peace with them. But without appealing to treaties, we are at peace with them all by the law o

eutral Power. It may seem as if Jefferson was attempting the impossible feat of trying to ride at one time two horses going in opposite directions, but such was his dexterity that in appearance he was largely successful. Meanwhile he contrived to throw on Hamilton and his adherents the blame for the feebleness and inconsistency of national policy. In letters to his Congressional lieutenants, Monroe in the Senate and

ing the time of all this excitement show that he thought little of it, although he more than anyone else was its target. In May, 1793, he wrote that the number of persons who went to meet Genet "would be stated high at a hundred," and he did not believe that a tenth part of the city participated in the meetings and addresses of Genet's sympathizers. "A crowd will always draw a crowd, whatever be the purpose. Curiosity will supply the place, of attachment to, or interest in, the object." Washington's own letters at this period show no trace of concern about his personal safety though he smarted under the attacks on his motives. An entry of August 2, 1793, in Jefferson's private diary, forming the volume since known as "The Anas," relates that at a cabinet meeting Knox exhibited a print entitled the funeral of George W--n, in which the Presiden

med a part. This circumstance has given trouble to Jefferson's biographers, and it is now somewhat difficult to make those allowances to which Jefferson is entitled from the candid historian. Such behavior at the present day would be regarded as treacherous, for it is now a settled doctrine that it is the duty of a member of the President's Cabinet to give unreserved support to his policy, or to resign. But at that period, neither in England nor in the United Sta

inds open to reason their effect was marked. Jefferson wrote to Madison, "For God's sake, my dear Sir, take up your pen, select the most striking heresies, and cut him to pieces in the face of the public." Madison did take up his pen, but he laid it down again without attempting to controvert Hamilton's argument. The five articles

t come to America for Jefferson's comfort but to accomplish certain things for his own government, it must be owned that he had considerable success. Although his means were small, he managed to engage in the French service an active American fleet including such vessels as Le Cassius, L'Ami de le Point à Petre, L'Amour de la Liberté, La Vengeance, La Montagne, Le Vainqueur de la Bastille, La Carmagnole, L'Espérance, Le Citoyen Genet, Sans Pareil, and Le Petit Démocrate. The last-mentioned vessel was originally an English merchantman, the brig Little Sarah, brought into Philadelphia harbor as a French prize. When

o to be an avoidance of the proper responsibility of the executive. Nevertheless he took part in preparing the case, and of the twenty-nine questions submitted to the Supreme Court, Hamilton framed twenty-one, Jefferson seven, and Washington himself the last. Jefferson notified Genet of this consultation as a

sterly exposition of international obligations, now took up the particular issues raised by Genet's claims, which at that time were receiving ardent championship. Freneau's National Gazette held that Genet had really acted "too tamely," had been "too accommodating for the peace of the United

at, "if the instalments falling due in this year could be advanced without incurring more danger," it would be well to make the payments, as he "thought it very material to keep alive the friendly sentiments of France." But this wa

th ample reason, conditioned the recall of Genet upon the recall of Morris, who was succeeded by James Monroe. Meanwhile Genet's situation had become perilous through revolution at home. On October 16, 1793, his Government issued an order for his arrest. The United States now became his

on would be appointed, with full powers, to settle this treaty, and graced with such a character as became the royalty to which he was accredited." Washington then nominated Thomas Pinckney, at that time minister in London, as minister plenipotentiary in Spain. When Pinckney arrived on the scene he was met with the dilatory methods then characteristic of Spanish diplomacy, and finally he had to bring matters to an issue by demanding his passports. His determination so impressed the Spanish Government that it finally consented to a treaty, October 27, 1795, which fixed the southern boundary of the United States and opened the Mississippi River to navigation. The boundary line was to run east along t