TO THE PRESIDENT OF THE UNITED STATES D. S. MSS.

Th. Jefferson has the honor to inclose to the President the letter of the National Assembly to him of Dec. 22. 92. It’s most distinct object seems to have been to thank the US. for their succours to St. Domingo. It glances blindly however at commercial arrangements, and on the 19 th . of Feb. the same assembly passed the decree putting our commerce in their dominions on the footing of natives directing their Executive Council to treat with us on the subject. On this the following questions arise.

1. Would the President chuse to answer the letter, acknoleging it’s receipt, thanking them in turn for the favors to our commerce, and promising to consult the constitutional powers (the Senate) on the subject of the treaty proposed?

2. Would he rather chuse to make no reply to the letter, but that Mr. Morris be instructed to negociate a renewal of Mr. Genet’s powers to treat to his successor?

3. Or would he chuse that nothing be said on the subject to any body?

If the President would in his judgment be for a treaty on the principles of the decree, or any modification of them, the 1 st . or 2 d . measure will be to be adopted.

If he is against a treaty on those principles or any modification of them, the 3 d . measure seems to be the proper one.

TO THE U. S. MINISTER TO FRANCE
(GOUVERNEUR MORRIS) J. MSS.

The letter of the 16th instant, with its documents accompanying this, will sufficiently inform you of the transactions, which have taken place between Mr. Genet, the minister of France, and the Government here, and of the painful necessity they have brought on, of desiring his recall. The letter has been prepared, in the view of being itself, with its documents, laid before the Executive of the French Government. You will, therefore, be pleased to lay it before them, doing everything which can be done on your part, to procure it a friendly and dispassionate reception and consideration. The President would indeed think it greatly unfortunate, were they to take it in any other light; and, therefore, charges you, very particularly, with the case of presenting this proceeding in the most soothing view, and as the result of an unavoidable necessity on his part.

Mr. Genet, soon after his arrival, communicated the decree of the National Convention of February 19, 1793, authorizing their Executive to propose a treaty with us on liberal principles, such as might strengthen the bonds of good will, which unite the two nations; and informed us in a letter of May 23, that he was authorized to treat accordingly. The Senate being then in recess, and not to meet again till fall, I apprized Mr. Genet that the participation in matters of treaty, given by the Constitution to that branch of our Government, would, of course, delay any definitive answer to his friendly proposition. As he was sensible of this circumstance, the matter has been understood to lie over, till the meeting of Senate. You will be pleased, therefore, to explain to the Executive of France this delay, which has prevented, as yet, our formal accession to their proposition to treat; to assure them, that the President will meet them, with the most friendly dispositions, on the grounds of treaty proposed by the Nationial Convention, as soon as he can do it in the forms of the Constitution; and you will, of course, suggest for this purpose, that the powers of Mr. Genet be renewed to his successor.

CABINET OPINIONS ON RECALL OF GENET J. MSS.

At a meeting of the Heads of Departments and the Attorney General at the President’s, on the 1st and 2d of August, 1793, on a review of the whole of Mr. Genet’s correspondence and conduct, it was unanimously agreed, that a letter should be written to the Minister of the United States at Paris, stating the same to him, resuming the points of difference which had arisen between the government of the United States and Mr. Genet, assigning the reasons for the opinions of the former, and desiring the recall of the latter; and that this letter, with those which have passed between Mr. Genet and the Secretary of State, and other necessary documents, shall be laid by Mr. Morris, before the Executive of the French government.

At a meeting of the same at the President’s, August 15th, the rough draft of the said letter, having been prepared by the Secretary of State, was read for consideration, and it was agreed that the Secretary of the Treasury should take measures for obtaining a vessel, either by hire or purchase, to be sent to France express with the dispatches when ready.

At a meeting of the same at the President’s, August 20th, said letter was read and corrected by paragraphs, and finally agreed to.

At a meeting of the same at the President’s, August 23d, it was agreed that the proceeding letter should bear the date of the last document which is to accompany it, to wit, August 16th; and unanimously approved, and to bear date this day.

Sealed and signed this 23d day of August, 1793.

TO JAMES MADISON MAD.MSS.

You will perceive by the enclosed papers that Genet has thrown down the gauntlet to the President by the publication of his letter my answer, and is himself forcing that appeal to the public, risking that disgust, which I had so much wished should have been avoided. The indications from different parts of the continent are already sufficient to shew that the mass of the republican interest has no hesitation to disapprove of this intermeddling by a foreigner, the more readily as his object was evidently, contrary to his professions, to force us into the war. I am not certain whether some of the more furious republicans may not schismatize with him.

The following arrangements are established.

Sept. 10. the Pr. sets out for Mt. Vernon, will be here again the 30th. Oct. 5th or a little sooner I set out to be absent 6. weeks, by agreement. Consequently I shall be here again about Nov. 17. to remain to Dec. 31. I break up my house the last of Septemb. Shall leave my carriage horses in Virginia return in the stage, not to have the embarrassment of ploughing them through the mud in January. I shall take private lodgings on my return.—Billy who is just going on a nautical expedition to Charlestown, called on me yesterday to desire I would send you the enclosed account which he said was necessary for you to debit those for whom the articles were. Adieu.

CABINET OPINION ON PRIVATEERS AND PRIZES W. MSS.

At a meeting of the Heads of departments Attorney General at the President’s on the 31st day of Aug. 1793.

A letter from Mr. Gore to Mr. Lear, dated Boston Aug. 24. was read, stating that the Roland, a privateer fitted out at Boston, furnished with a commission under the government of France, had sent a prize into that port, which being arrested by the Marshal of the district by process from a court of justice, was rescued from his possession by M. du Plaine Consul of France, with an armed force from one of the ships of his nation, it is the opinion that the Attorney of the district be instructed to institute such prosecution as the laws will authorize against the said du Plaine; and to furnish to the government of the U. S. authentic evidence of the facts before mentioned, whereon if it shall appear that the rescue was made by the sd. du Plaine, or his order, it is the opinion that his Exequetur should be revoked.—Also that the Attorney of the district be desired to furnish copies of his applications or other correspondence with the Governor of Massachusetts relative to the several privateers prizes which have been the subjects of his letters to Mr. Lear.

A letter from Mr. Maury Consul for the U. S. at Liverpool dated July 4. 1793. was read, covering an inauthenticated copy of certain additional instructions from the court of St. James’s to the commanders of their ships of war, dated June 8. 1793. permitting them to stop the vessels of neutral nations laden with corn, flour or meal bound to any port of France, to send them into British ports, from whence they are not to be permitted to proceed to the port of any country not in amity with Gr. Britain. Whereupon it is the opinion that Mr. Pinckney be provisionally instructed to make representations to the British ministry on the sd. instruction as contrary to the rights of neutral nations and to urge a revocation of the same and full indemnification to any individuals, citizens of these states, who may in the mean time suffer loss in consequence of the sd. instruction. Also that explanations be desired by Mr. Pinckney of the reasons of the distinction made in the 2d. Article of the sd. instructions between the vessels of Denmark Sweden those of the U. S. attempting to enter blockaded ports.

Information having been also received thro’ the public papers of a decree passed by the National assembly of France revoking the principle of free ships making free goods enemy ships enemy goods, and making it lawful to seize neutral vessels bound with provisions to another country to carry them into the ports of France, there to be landed paid for, also of another decree excepting the vessels of the U. S. from the operation of the preceding decrees, it is the opinion that Mr. Morris be provisionally instructed, in case the first mentioned decrees have passed not the exceptions, to make representations thereon to the French government as contrary to the treaty existing between the two countries the decree relative to provisions contrary also to the law of nations to require a revocation thereof and full indemnification to any citizen of these states who may in the mean time have suffered loss therefrom, and also in case the sd. decrees the exceptions were both passed that then a like indemnification be made for losses intervening between the dates of the sd. decrees exceptions. 1

A Letter from the Governor of Georgia of the 13 instant covering the proceedings of a Council of War relatively to an expedition against certain towns of the Creek Nation was communicated for consideration.

It is the opinion that the Governor of Georgia be informed that the President disapproves the measure as unauthorised by law as contrary to the present state of affairs and to the instructions heretofore given and expects that it will not be proceeded in, that requiring the previous consideration of Congress it will be submitted to them at their ensuing session, if circumstances shall not then render it unnecessary or improper: that the Governor of South Carolina be also informed that the co-operation desired of him by the Governor of Georgia is not to be afforded, and that the Agent for procuring supplies of provisions for the service of the United States in Georgia be instructed, that no provisions are to be furnished on their account for the purpose of the said expedition.

TO JAMES MADISON MAD. MSS.

My last was of the 25th, since that I have received yours of the 20th, and Col. M’s of the 21st. Nothing further has passed with mr. Genet, but one of his Consuls has committed a pretty serious deed at Boston, by going with an armed force taken from a French frigate in the harbor, and rescuing a vessel out of the hands of the marshal who had arrested her by process from a court of justice. In another instance he kept off the marshal by an armed force from serving a process on a vessel. He is ordered consequently to be arrested himself prosecuted punished for the rescue, and his Exequatur will be revoked.—You will see in the newspapers the attack made on our commerce by the British king in his additional instructions of June 8. Tho’ we have only newspaper information of it, provisional instructions are going to mr. Pinckney to require a revocation of them and indemnification for all losses which individuals sustain by them in the meantime. Of the revocation I have not the least expectation. I shall therefore be for laying the whole business (respecting both nations) before Congress. While I think it impossible they should not approve of what has been done disagreeable to the friendly nation, it will be in their power to soothe them by strong commercial retaliations against the hostile one. Pinching their commerce will be just against themselves, advantageous to us, and conciliatory towards our friends of the hard necessities into which their agent has driven us. His conduct has given room for the enemies of liberty of France, to come forward in a stile of acrimony against that nation which they never would have dared to have done. The disapprobation of the agent mingles with the reprehension of his nation gives a toleration to that which it never had before. He has still some defenders in Freneau, Greenleaf’s papers, who they are I know not: for even Hutcheson Dallas give him up. I enclose you a Boston paper, which will give you a specimen of what all the papers are now filled with. You will recognize mr. A— under the signature of Camillus. He writes in every week’s paper now, generally under different signatures. This is the first in which he has omitted some furious incartade against me. Hutcheson says that Genet has totally overturned the republican interest in Philadelphia. However, the people going right themselves if they always see their republican advocates with them, an accidental meeting with the monocrats will not be a coalescence.—You will see much said again said, about G.’s threat to appeal to the people. I can assure you it is a fact.—I received yesterday the MS. you mentioned to me from F—n. I have only got a dozen pages into it, and never was more charmed with anything. Profound arguments presented in the simplest point of view entitle him really to his antient signature. In the papers received from you I have seen nothing which ought to be changed, except a part of one sentence not necessary for it’s object, running foul of something of which you were not apprized. A malignant fever has been generated in the filth of Water street which gives great alarm. About 70. people had died of it two days ago, as many more were ill of it. It has now got into most parts of the city is considerably infectious. At first 3. out of 4. died, now about 1. out of 3. It comes on with a pain in the head, sick stomach, then a little chill, fever, black vomiting and stools, and death from the 2d to the 8th day. Everybody who can, is flying from the city, and the panic of the country people is likely to add famine to the disease. Tho’ becoming less mortal, it is still spreading, and the heat of the weather is very unpropitious. I have withdrawn my daughter from the city, but am obliged to go to it every day myself.—My threshing machine is arrived at New York. Mr. Pinckney writes me word that the original from which this model is copied threshes 150. bushels of wheat in 8. hours, with 6. horses and 5. men. It may be moved either by water or horses. Fortunately the workman who made it (a millwright) is come in the same vessel to settle in America. I have written to persuade him to go on immediately to Richmd, offering him the use of my model to exhibit, and to give him letters to get him into immediate employ in making them. I expect an answer before I write to you again. I understand that the model is made mostly in brass, in the simple form in which it was first ordered, to be worked by horses. It was to have cost 5. guineas, but Mr. Pinckney having afterwards directed it to be accommodated to water movement also, it has made it more complicated, and costs 13. guineas. It will thresh any grain from the Windsor bean down to the smallest. Adieu.

P.S. The market was the last winter from 25. to 50 per cent higher than it was in the winter preceding. It is now got to from 50. to 100. per cent higher. I think by the winter it will be generally 100 per cent on the prices of 1790. European goods are also much risen. Of course you must expect a rise in the boarding houses compounded of these two. In the mean time the produce of the farmer, say wheat, rice, tobacco has not risen a copper. The redundancy of paper then in the cities is palpably a tax on the distant farmer.

P.S. Sep. 2. I have made great progress into the Ms. and still with the same pleasure. I have no doubt it must produce great effect. But that this may be the greatest possible, it’s coming out should be timed to the best advantage. It should come out just so many days before the meeting of Congress as will prevent suspicions of it’s coming with them, yet so as to be a new thing when they arrive, ready to get into their hands while yet unoccupied, before the panic of the culprit shall be over, or any measures for defeating it’s first effect may be taken. I will direct it to appear a fortnight before their meeting unless you order otherwise. It might as well be thrown into a churchyard, as come out now.

TO THE U. S. ATTORNEY FOR MASSACHUSETTS
(CHRISTOPHER GORE) J. MSS.

The President is informed through the channel of a letter from yourself to mr. Lear, that M. du Plaine, Consul of France at Boston, has lately, with an armed force, seized rescued a vessel from the officer of a court of justice, by process from which she was under arrest in his custody: and that he has in like manner, with an armed force, opposed prevented the officer, charged with process from a court against another vessel, from serving that process. This daring violation of the laws requires the more attention, as it is by a foreigner clothed with a public character, arrogating an unfounded right to Admiralty jurisdiction, and probably meaning to assert it by this act of force. You know that by the law of nations, Consuls are not diplomatic characters, and have no immunities whatever against the laws of the land. To put this altogether out of dispute, a clause was inserted in our Consular Convention with France, making them amenable to the laws of the land, as other inhabitants. Consequently, M. du Plaine is liable to arrest, imprisonment, other punishments, even capital, as other foreign subjects resident here. The President therefore desires that you will immediately institute such a prosecution against him, as the laws will warrant. If there be any doubt as to the character of his offence, whether of a higher or lower grade, it will be best to prosecute for that which will admit the least doubt, because an acquittal, though it might be founded merely on the opinion that the grade of offence with which he is charged is higher than his act would support, yet it might be construed by the uninformed to be a judiciary decision against his amenability to the law, or perhaps in favor of the jurisdiction these consuls are assuming. The process therefore, should be of the surest kind, and all the proceedings well grounded. In particular, if an arrest, as is probable, be the first step, it should be so managed as to leave room neither for escape nor rescue. It should be attended with every mark of respect, consistent with safe custody, and his confinement as mild comfortable also, as that would permit. These are the distinctions to which a Consul is entitled, that is to say, of a particular decorum of deportment towards him, indicative of respect to the sovereign whose officer he is.

The President also desires you will immediately obtain the best evidence it shall be in your power to procure, under oath or affirmation, of the transaction stated in your letter, and that in this, you consider yourself as acting as much on behalf of M. du Plaine as the public, the candid truth of the case being exactly that which is desired, as it may be the foundation of an act, the justice of which should be beyond all question. This evidence I shall be glad to receive within as few days, or even hours, of delay as possible.

I am also instructed to ask the favor of you to communicate copies of any memorials, representations or other written correspondence which may have passed between the Governor yourself, with respect to the privateers prizes which have been the subject of your letters to mr. Lear.

TO THOMAS MANN RANDOLPH J. MSS.

I wrote to you on the 26th ult.; since which I have received yours of the 14th ult. Maria is well, and is with me on the Schuylkill. A malignant fever has been generated in the filth of the docks of Philadelphia which has given great alarm. It is considerably infectious. At 1st 3. out of 4. died, at present not more than one out of three. Several days ago (my latest information), about 70. had died and about that number were ill of it. It is called commonly a yellow fever, but by the physicians Typhus gravior. Begins with a pain in the head, sickness in the stomach, with a slight rigor, fever, black vomitings and fæces, and death from the 2 nd to the 8 th day. At first it was confined to Water street, but is now in many parts of the city. It is still spreading, tho’ become less mortal. Everybody, who can, is flying from the city, and the country people, being afraid to come to the market, there is fear of a want of supplies. Tho’ there is some degree of danger, yet, as is usual, there is much more alarm than danger; and knowing it to be usual also to magnify these accounts in proportion to distance, I have given you the particulars, that you may know exactly, what the case is.—My threshing machine is arrived at New York, and will be here this week. Mr. Pinckney writes me that the model from which my model is taken, gets out 150. bushels of wheat in 8. hours with 6. horses and 5. men. It will thresh any grain from the Windsor-bean to the milled, and may be moved by horses or water: It happens that the workman who made it (a millwright) is come over in the same vessel. I have written to advise him to go to Virginia, and commence building these machines, offering him the use of my model to exhibit in Richmond if he chuses, in order to get himself into work.—Your letter of the 14th does not mention the receipt of any of mine on the subject of sending on the horse. Still however presuming some of them will have got to hand [ illegible ] Tarquin so that he will arrive at Georgetown the day after to-morrow. He has orders to wait there a week if necessary.—The character you give Giovannini is a just one. He is sober, industrious and honest. He lived with me as a gardener some time before I went to Europe, however I shall find it necessary to have a gardener constantly at his business, and think to teach a negro at once. Our last accounts from France are of a very mixed complexion. The combined armies had made no progress, the insurgents of Brittany had obtained a signal victory, and had afterwards been more signally defeated, but not suppressed.—My love to my dear Martha and am dear Sir yours affectionately and constantly.

TO THE BRITISH MINISTER 1
(GEORGE HAMMOND) J. MSS.

I am honored with yours of August 30th. Mine of the 7th of that month assured you that measures were taking for excluding, from all further asylum in our ports, vessels armed in them to cruise on nations with which we are at peace, and for the restoration of the prizes, the Lovely Lass, Prince William Henry, and the Jane of Dublin, and that should the measures for restitution fail in their effect, the President considers it as incumbent on the United States, to make compensation for the vessels.

We are bound by our treaties with three of the belligerent nations, by all the means in our power to protect and defend their vessels and effects in our ports or waters, or in the Seas near our shores, and to recover and restore the same to the right owners, when taken from them. If all the means in our power are used, and fail in their effect, we are not bound, by our treaties with those nations, to make compensation.

Though we have no similar Treaty with Great Britain, it was the opinion of the President that we should use towards that nation the same rule which, under this article, was to govern us with the other nations; and even to extend it to captures made on the high Seas and brought into our ports, if done by vessels which had been armed within them.

Having, for particular reasons, forborne to use all the measures in our power for the restitution of the three vessels mentioned in my letter of August 7th, the President thought it incumbent on the United States to make compensation for them; and though nothing was said in that letter of other vessels taken under like circumstances, and brought in after the 5th of June and before the date of that letter, yet, where the same forbearance had taken place, it was and is his opinion that compensation would be equally due.

As to prizes made under the same circumstances, and brought in after the date of that letter, the President determined that all the means in our power should be used for their restitution. If these fail us, as we should not be bound by our treaties to make compensation to the other powers, in the analogous case, he did not mean to give an opinion that it ought to be done to Great Britain. But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States.

Instructions are given to the Governors of the different States, to use all the means in their power for restoring prizes of this last description, found within their ports. Though they will, of course take measures to be informed of them, and the General Government has given them the aid of the Custom House officers for this purpose, yet you will be sensible of the importance of multiplying the channels of their information as far as shall depend on yourself or any person under your direction, in order that the governors may use the means in their power, for making restitution. Without knowledge of the capture, they cannot restore it. It will always be best to give the notice to them directly: but any information which you shall be pleased to send to me also, at any time, shall be forwarded to them as quickly as the distance will permit.

Hence you will perceive, Sir, that the President contemplates restitution or compensation, in the cases before the seventh of august, and, after that date, restitution, if it can be effected by any means in our power: and that it will be important that you should substantiate the fact that such prizes are in our ports or waters.

Your list of the privateers illicitly armed in our ports, is, I believe, correct.

With respect to losses by detention, waste, spoliation, sustained by vessels taken as before mentioned between the dates of June 5 and Aug 7, it is proposed, as a provisional measure, that the collector of the customs of the district, and the British consul, or any other person you please, shall appoint persons to establish the value of the vessel and cargo, at the times of her capture and of her arrival in the port into which she is brought, according to their value in that port. If this shall be agreeable to you, and you will be pleased to signify it to me, with the names of the prizes understood to be of this description, instructions will be given accordingly, to the collectors of the customs where the respective vessels are.

I have the honor to be, with great respect, Sir, your most obedient, and most humble servant.

CABINET DECISIONS W. MSS.

At a meeting at the President’s Sep. 7. 1793.

A circular letter from the Secretary of state to the Consuls Vice Consuls of France, informing them that their Exequaturs will be revoked if they repeat certain proceedings, also one to Mr. Genet covering a copy of the letter of the Secretary of State to Mr. Gouverneur Morris desiring the recall of Mr. Genet, were read approved.

A letter from the Govern r . of Georgia to the Sec y . of state dated Aug. 21. 1793. was read communicating the demand by the Vice Consul of France in Georgia of certain individuals under prosecution in a court of justice. It is the opinion that he be answered that the law must take it’s course.

A memorial from Mr. Hammond dated Sep. 6. complaining of the capture of the British brig the William Tell by the French brig le Cerf, within the limits of the protection of the U. S. and the refusal of the French Minister Consul to have the prize delivered into the hands of a Marshal charged with process from a court to arrest her, was read. It is the opinion that a letter be written to Mr. Genet calling for evidence in the cases of the vessels heretofore reclaimed not yet finally decided on, which were permitted to remain in the hands of the French Consuls in the mean time, informing him that the letter of June 25. was not intended to authorize opposition to the officers, or orders, of courts respecting vessels taken within the limits of our protection, that therefore the brig William Tell ought to be delivered into the hands of the officer charged to arrest her, and that in the event of the court’s deciding that it has no jurisdiction of the case, as in that of the ship William whereon the letter of June 25. was written, she may again be replaced in the Consul’s hands till the Executive shall have decided thereon.

A letter from L t . Gov r . Wood dated Aug. 29. stating that the French vessel the Orion was arrived in Norfolk had brought in the Sans Culottes as a prize, and doubting whether from the particular circumstances of this prize she came within the general orders heretofore given. It is the opinion that the situation of the Sans Culottes is the same in respect to England France as any other French vessel not fitted in our ports, and therefore that the Orion is within the 17 th . article of our treaty, the rules heretofore given on that subject.

A memorial from Mr. Hammond dated Sep. 4. was read complaining of the long stay of the French fleet in New York, that a regular succession of them appears to be appointed for cruizing on the coasts, that a jurisdiction over prizes is exercised by the French Consuls, and desiring to be informed whether it be the intention of the Executve to permit this indefinitely. It is the opinion that Mr. Hammond be informed that effectual measures are taken to put an end to the exercise of admiralty jurisdiction by the French Consuls, that the French have by treaty a right to come into our ports with their prizes, exclusively, that they have also a right by treaty to enter our ports for any urgent necessity, that this right is exclusive as to privateers but not so as to public vessels of war and has therefore not been denied to British ships of war nor has the Executive as yet prescribed to either any limits to the time they may remain in their ports.

A letter from Mr. Bordman at Boston dated Sep. 4. was read complaining of the capture of the schooner Flora an American vessel by the Roland, one of the illicit privateers. It is the opn. he must seek redress in the courts of law.

The draught of a letter to Mr. Pinckney on the additional instructions of the court of St. James’s dated June 8. 93. was read and approved.

A Question was proposed by the President Whether we ought not to enquire from Mr. Hammond if he is prepared to give an answer on the subject of the inexecution of the treaty? It is the opinion that it will be better to await the arrival of the next packet, then to make the application to Mr. Hammond, and if he be not prepared to answer, that Mr. Pinckney be instructed to remonstrate on the subject to the British court.

TO THE U. S. MINISTER TO GREAT BRITAIN
(THOMAS PINCKNEY) J. MSS.

We have received, through a channel which cannot be considered as authentic, the copy of a paper styled “Additional instructions to the commanders of his Majesty’s ships of war and privateers,” c. dated at St. James’s, June 8, 1793. If this paper be authentic, I have little doubt but that you have taken measures to forward it to me. But as your communications of it may miscarry, and time, in the meanwhile, be lost, it has been thought better that it should be supposed authentic; that, on that supposition, I should notice to you its very exceptionable nature, and the necessity of obtaining explanations on the subject from the British Government; desiring, at the same time, that you will consider this letter as provisionally written only, and as if never written, in the event that the paper, which is the occasion of it, be not genuine.

The first article of it permits all vessels, laden wholly or in part with corn, flour or meal, bound to any port in France, to be stopped, and sent into any British port, to be purchased by that Government, or to be released only on the condition of security given by the master, that he will proceed to dispose of his cargo in the ports of some country in amity with his Majesty.

This article is so manifestly contrary to the law of nations, that nothing more would seem necessary, than to observe that it is so. Reason and usage have established, that when two nations go to war, those who choose to live in peace retain their natural right to pursue their agriculture, manufactures, and other ordinary vocations; to carry the produce of their industry for exchange to all nations, belligerent or neutral, as usual; to go and come freely, without injury or molestation; and, in short, that the war among others shall be, for them, as if it did not exist. One restriction on those mutual rights has been submitted to by nations at peace; that is to say, that of not furnishing to either party implements merely of war, for the annoyance of the other, or anything whatever to a place blockaded by its enemy. What these implements of war are, has been so often agreed, and is so well understood, as to leave little question about them at this day. There does not exist, perhaps, a nation in our common hemisphere which has not made a particular enumeration of them, in some or all of their treaties, under the name of contraband. It suffices for the present occasion to say, that corn, flour, and meal, are not of the class of contraband, and consequently remain articles of free commerce. A culture, which, like that of the soil, gives employment to such a proportion of mankind, could never be suspended by the whole earth, or interrupted for them, whenever any two nations should think proper to go to war.

The state of war, then, existing between Great Britain and France, furnishes no legitimate right either to interrupt the agriculture of the United States, or the peaceable exchange of its produce with all nations; and consequently the assumption of it will be as lawful hereafter as now, in peace as in war. No ground acknowledged by the common reason of mankind, authorizes this act now, and unacknowledged ground may be taken at any time and all times. We see, then, a practice begun, to which no time, no circumstances, prescribe any limits, and which strikes at the root of our agriculture, that branch of industry which gives food, clothing, and comfort, to the great mass of the inhabitants of these States. If any nation whatever has a right to shut up, to our produce, all the ports of the earth, except her own, and those of her friends, she may shut up these also, and so confine us within our own limits. No nation can subscribe to such pretensions; no nation can agree at the mere will or interest of another, to have its peaceable industry suspended, and its citizens reduced to idleness and want. The loss of our produce, destined for foreign markets, or that loss which would result from an arbitrary restraint of our markets, is a tax too serious for us to acquiesce in. It is not enough for a nation to say, we and our friends will buy your produce. We have a right to answer, that it suits us better to sell to their enemies as well as their friends. Our ships do not go to France to return empty; they go to exchange the surplus of our produce, which we can spare, for surpluses of other kinds, which they can spare, and we want; which they can furnish on better terms, and more to our mind, than Great Britain or her friends. We have a right to judge for ourselves what market best suits us, and they have none to forbid to us the enjoyment of the necessaries and comforts which we may obtain from any other independent country.

This act, too, tends directly to draw us from that state of peace, in which we are wishing to remain. It is an essential character of neutrality, to furnish no aids (not stipulated by treaty) to one party, which we are not equally ready to furnish to the other. If we permit corn to be sent to Great Britain and her friends, we are equally bound to permit it to France. To restrain it, would be a partiality which might lead to war with France, and, between restraining it ourselves, and permitting her enemies to restrain it unrightfully, is no difference. She would consider this as a mere pretext, of which she would not be the dupe; and on what honorable ground could we otherwise explain it? Thus we should see ourselves plunged, by this unauthorized act of Great Britain into a war with which we meddle not, and which we wish to avoid, if justice to all parties, and from all parties, will enable us to avoid it. In the case where we found ourselves obliged, by treaty, to withhold from the enemies of France the right of arming in our ports, we thought ourselves in justice bound to withhold the same right from France also, and we did it. Were we to withhold from her supplies of provisions, we should, in like manner, be bound to withhold them from her enemies also, and thus shut to ourselves all the ports of Europe, where corn is in demand, or make ourselves parties in the war. This is a dilemma, which Great Britain has no right to force upon us, and for which no pretext can be found in any part of our conduct. She may, indeed, feel the desire of starving an enemy nation; but she can have no right of doing it at our loss, nor of making us the instrument of it.

The President, therefore, desires that you will immediately enter into explanations on this subject with the British Government. Lay before them, in friendly and temperate terms, all the demonstrations of the injury done us by this act, and endeavor to obtain a revocation of it, and full indemnification to any citizens of these States, who may have suffered by it in the mean time. Accompany your representations with every assurance of our earnest desire to live on terms of the best friendship and harmony with them, and to found our expectation of justice on their part on a strict observance of it on ours.

It is with concern, however, I am obliged to observe, that so marked has been the inattention of the British court to every application which has been made to them on any subject, by this Government, (not a single answer, I believe, having ever been given to one of them, except in the act of exchanging a minister) that it may become unavoidable, in certain cases, where an answer of some sort is necessary, to consider their silence as an answer; perhaps this is their intention. Still, however, desirous of furnishing no color of offence, we do not wish you to name to them any term for giving an answer. Urge one as much as you can without commitment, and on the first day of December be so good as so give us information of the state in which this matter is, that it may be received during the session of Congress.

The second article of the same instruction allows the armed vessels of Great Britain to seize, for condemnation, all vessels on their first attempt to enter a blockaded port, except those of Denmark and Sweden, which are to be prevented only, but not seized on their first attempt. Of the nations inhabiting the shores of the Atlantic ocean, and practising its navigation, Denmark, Sweden, and the United States, alone are neutral. To declare, then, all neutral vessels (for as to the vessels of the belligerent Powers, no order was necessary) to be legal prize, which shall attempt to enter a blockaded port, except those of Denmark and Sweden, is exactly to declare that the vessels of the United States shall be lawful prize, and those of Denmark and Sweden shall not. It is of little consequence that the article has avoided naming the United States, since it has a description applicable to them, and to them alone, while it exempts the others from its operation, by name. You will be pleased to ask an explanation of this distinction, and you will be able to say in discussing its justice, that in every circumstance we treat Great Britain on the footing of the most favored nation, where our treaties do not preclude us, and that even these are just as favorable to her as hers are to us. Possible she may be bound by treaty to admit this exception in favor of Denmark and Sweden, but she cannot be bound by treaty to withhold it from us; and if it be withheld merely because not established with us by treaty, what might not we, on the same ground, have withheld from Great Britain, during the short course of the present war, as well as the peace which has preceded it.

Whether these explanations with the British Government shall be verbal or in writing, is left to yourself. Verbal communications are very insecure, for it is only necessary to deny them or to change their terms, in order to do away their effect at any time; those in writing have many and obvious advantages, and ought to be preferred, unless there be obstacles of which we are unapprised.

CIRCULAR TO THE FRENCH CONSULS J. MSS.

Finding by the protests of several of the consuls of France, by their advertisements in the public papers, and other proceedings, and by other sufficient testimony, that they claim, and are exercising, within the United States, a general admiralty jurisdiction, and in particular, assume to try the validity of prizes, and to give sentence thereon, as judges of admiralty; and moreover, that they are undertaking to give commissions within the United States, and to enlist, or encourage the enlistment of men, natives or inhabitants of these States, to commit hostilities on nations with whom the United States are at peace, in direct opposition to the laws of the land: I have it in charge, from the President of the United States, to give notice to all the consuls and vice consuls of France, in the United States, as I hereby do to you, that if any of them shall commit any of the acts before mentioned, or assume any jurisdiction not expressly given by the convention between France and the United States, the exequatur of the consul so transgressing will be immediately revoked, and his person be submitted to such prosecutions and punishments as the laws may prescribe for the case.

TO JAMES MADISON MAD. MSS.

I have received and am charmed with No. V. I thought the introduction an useful lesson to others as I found it to myself, for I had really, by constantly hearing the sound, been led into a pretty free use of it myself. I struck out the passage you desired in the last page. I struck out also the words “and neutrality” in the following passage “taking the proclamation in its proper sense as reminding all concerned that as the U S were at peace, the laws of peace and neutrality were still obligatory,” also a paragraph of 4. lines that a minister from France was hourly expected when the proclamation issued. There was one here at the time,—the other did not arrive in 6. weeks. To have waited that time should have given full course to the evil.

I went through Franklin with enchantment; what peculiarly pleased me was that there was not a sentence from which it could be conjectured whether it came from N. S, E. or west. At last a whole page of Virginia flashed on me. It was in the section on the state of parties, and was an apology for the continuance of slavery among us. However this circumstance may be justly palliated, it had nothing to do with the state of parties, with the bank, encumbered a good cause with a questionable argument; many readers who would have gone heart hand with the author so far would have flown off in a tangent from that paragraph. I struck it out. Justify this if you please to those concerned, and if it cannot be done, say so, it may still be re-established. I mentioned to you in my last that a Fr. Consul at Boston had rescued a vessel out of the hands of a Marshal by military force. Genet has at New York forbidden a marshal to arrest a vessel, and given orders to the French squadron to protect her by force. Was there ever an instance before of a diplomatic man overawing obstructing the course of the law in a country by an armed force? The yellow fever increases. The week before last about 3. a day died. This last week about 11. a day have died; consequently, from known data about 33. a day are taken, and there are about 330. patients under it. They are much scattered through the town, and it is the opinion of the physicians that there is no possibility of stopping it. They agree that it is a nondescript disease, and no two agree in any one part of their process of cure. The Presidt goes off the day after tomorrow, as he had always intended. Knox then takes flight. Hamilton is ill of the fever, as is said. He had two physicians out at his house the night before last. His family think him in danger, he puts himself so by his excessive alarm. He had been miserable several days before from a firm persuasion he should catch it. A man as timid as he is on the water, as timid on horseback, as timid in sickness, would be a phænomenon if his courage of which he has the reputation in military occasions were genuine. His friends, who have not seen him, suspect it is only an autumnal fever he has. I would really go away, because I think there is rational danger, but that I had before announced that I should not go till the beginning of October, I do not like to exhibit the appearance of panic. Besides that I think there might serious ills proceed from there being not a single member of the administration in place. Poor Hutcheson dined with me on Friday was sennight, was taken that night on his return home, died the day before yesterday. It is difficult to say whether the republican interest has suffered more by his death or Genet’s extravagance. I sometimes cannot help seriously believing the latter to be a Dumourier, endeavouring to draw us into the war against France as Dumourier, while a minister, drew on her the war of the empire.—The Indians have refused to meet our commissioners unless they would make the Ohio a boundary by preliminary condn. Consequently they are on their return we may suppose Wayne in movement.—Since my last which was of the 1st your’s of the 22d Aug. 2d. Sep. are received. Adieu.

TO THE FRENCH MINISTER
(EDMOND CHARLES GENET) J. MSS.

In my letter of June 25th, on the subject of the ship William, and generally of vessels suggested to be taken within the limits of the protection of the United States, by the armed vessels of your nation, I undertook to assure you, it would be more agreeable to the President, that such vessels should be detained, under the orders of yourself, or the consuls of France, than by a military guard, until the Government of the United States should be able to inquire into and decide on the fact. In two separate letters, of the 29th of the same month, I had the honor to inform you of the claims, lodged with the Executive, for the same ship William and the brig Fanny; to enclose you the evidence on which they were founded, and to desire that, if you found it just, you would order the vessels to be delivered to the owners; or if overweighed, in your judgment, by any contradictory evidence which you might have or acquire, you would do me the favor to communicate that evidence, and that the consuls of France might retain the vessels in their custody, in the meantime, until the Executive of the United States should consider and decide finally on the subject.

When that mode of proceeding was consented to for your satisfaction, it was by no means imagined it would have occasioned such delays of justice to the individuals interested. The President is still without information, either that the vessels are restored, or that you have any evidence to offer as to the place of capture. I am, therefore, sir, to repeat the request of early information on the subject, in order, that, if any injury has been done those interested, it may be no longer aggravated by delay.

The intention of the letter of June 25th having been to permit such vessels to remain in the custody of the consuls, instead of that of a military guard, (which in the case of the ship William, appeared to have been disagreeable to you) the indulgence was of course, to be understood as going only to cases where the Executive might take or keep possession with a military guard, and not to interfere with the authority of the courts of justice, in any case wherein they should undertake to act. My letter of June 29th, accordingly, in the same case of the ship William, informed you, that no power in this country could take a vessel out of the custody of the courts, and that it was only because they decided not to take cognizance of that case, that it resulted to the Executive to interfere in it.

Consequently, this alone put it in their power to leave the vessel in the hands of the consul. The courts of justice exercise the sovereignty of this country, in judiciary matters, are supreme in these, and liable neither to control nor opposition from any other branch of the government. We learn, however, from the enclosed paper, that the consul of New York, in the first instance, and yourself in a subsequent one, forbade an officer of justice to serve the process with which he was charged from his court, on the British brig William Tell, taken by a French armed vessel, within a mile of our shores, as has been deposed on oath and brought into New York, and that you had even given orders to the French squadron there to protect the vessel against any person who should attempt to take her from their custody. If this opposition were founded, as is there suggested, on the indulgence of the letters before cited, it was extending that to a case not within their purview; and even had it been precisely the case to which they were to be applied, is it possible to imagine you might assert it, within the body of the country, by force of arms.

I forbear to make the observations which such a measure must suggest, and cannot but believe, that a moment’s reflection will evince to you the depth of the error committed in this opposition to an officer of justice, and in the means proposed to be resorted to in support of it.

I am therefore charged to declare to you expressly, that the President expects and requires, that the officer of justice be not obstructed, in freely and peaceably serving the process of his court; and that, in the mean time, the vessel and her cargo be not suffered to depart, till the judiciary, if it will undertake it, or himself, if not, shall decide whether the seizure has been within the limits of our protection.

TO THE BRITISH MINISTER 1
(GEORGE HAMMOND) J. MSS.

I have the honor to acknowledge the receipt of your two memorials, of the fourth and sixth instant, which have been duly laid before the President of the United States.

You cannot be uninformed of the circumstances which have occasioned the French squadron, now in New York, to seek asylum in the ports of the United States. Driven from those where they were on duty, by the superiority of the adverse party, in the civil war which has so unhappily afflicted the colonies of France, filled with the wretched fugitives, from the same scenes of distress and desolation, without water or provisions for the shortest voyage, their vessels scarcely in a condition to keep the sea at all, they were forced to seek the nearest ports in which they could be received, and supplied with necessaries. That they have ever been out again to cruise, is a fact we have never heard, and which we believe to be impossible, from the information received of their wants, and other impediments to active service. This case has been noted specially, to show that no inconvenience could have been produced to the trade of the other belligerent Powers, by the presence of this fleet in our harbors. I shall now proceed to more general ground.

France, England, and all other nations, have a right to cruise on our coasts—a right, not derived from our permission, but from the law of nature. To render this more advantageous, France has secured to herself, by treaty with us, (as she has done also, by a treaty with Great Britain, in the event of a war with us, or any other nation,) two special rights: 1st. Admission for her prizes and privateers into our ports. This by the seventeenth and twenty-second articles, is secured to her exclusively of her enemies, as is done for her in the like case by Great Britain, were her present war with us, instead of Great Britain. 2d. Admission for her public vessels of war into our ports, in cases of stress of weather, pirates, enemies, or other urgent necessity, to refresh, victual, repair, c. This is not exclusive: as we are bound by treaty to receive the public armed vessels of France, and we are not bound to exclude those of her enemies, the Executive had never denied the same right of asylum in our ports, to the public armed vessels of your nation. They, as well as the French, are free to come into them, in all cases of weather, pirates, enemies, or other urgent necessity, and to refresh, victual, repair, c. And so many are these urgent necessities, to vessels far from their own ports, that we have thought inquiries into the nature as well as the degree of their necessities which drove them hither, as endless as they would be fruitless; and, therefore, have not made them. And the rather because there is a third right, secured to neither by treaty, but due to both, on the principles of hospitality between friendly nations—that of coming into our ports, not under the pressure of urgent necessity, but whenever their comfort or convenience induced them. On this ground, also, the two nations are on a footing.

As it has never been conceived, that either would detain their ships of war in our ports, when they were in a condition for action, we have never conceived it necessary to prescribe any limits to the time of their stay. Nor can it be viewed as an injury to either party, to let their enemies lie idle in our ports from year’s end to year’s end, if they choose it. Thus, then the public ships of war of both nations enjoy a perfect equality in our ports: 1st. In cases of urgent necessity; 2d, in cases of comfort or convenience; and, 3d, in the time they choose to continue. And all a friendly Power can ask from another is, to extend to her the same indulgence which she extends to other friendly Powers. And though the admission of the prizes and privateers of France is exclusive, yet it is the effect of treaty, made long ago for valuable considerations, not with a view to the present circumstances, nor against any nation in particular, but all in general, and may, therefore, be faithfully observed, without offence to any; and we mean faithfully to observe it. The same exclusive article has been stipulated, as was before observed, by Great Britain, in her treaty with France; and, indeed, is to be found in the treaties between most nations.

With respect to the usurpation of admiralty jurisdiction by the consuls of France, within these States, the honor and right of the States themselves were sufficient motives for the Executive to take measures to prevent its continuance, as soon as they were apprized of it. They have been led, by particular considerations, to await the effect of these measures, believing they would be sufficient; but finding, at length, they were not, such others have been lately taken, as can no longer fail to suppress this irregularity completely.

The President is duly sensible of the character of the act of opposition made to the service of legal process on the brig William Tell; and he presumes, the representations made on that subject to the minister of France, will have the effect of opening a free access to the officer of justice, when he shall again present himself with the precept of his court.

TO ST. GEORGE TUCKER J. MSS.

Your favor of June 14 came to hand some time ago, and nothing but a load of business has prevented my sooner acknoleging it. No person on earth heard with more sincere regret the tales which were the subject of it, nobody lamented more the torture thro’ which their victim must have passed. For myself, when placed under the necessity of deciding in a case where on the one hand is a young and worthy person, all the circumstances of whose education and position in life pronounce her virtuous and innocent, and on the other the proneness of the world to sow and spread slander, there is no hesitation in my mind. I needed no evidence therefore on this question, and could at any time have conscientiously appeared as one of her compurgators,—what an ocean is life! And how our barks get separated in beating through it! One of the greatest comforts of the retirement to which I shall soon withdraw will be its rejoining me to my earliest and best friends, and acquaintance. I shall hope to be in your way in some of your tacks, and to be able to assure you personally of the sincere respect and esteem with which I am, dear sir, your friend and servant.

TO THE FRENCH MINISTER
(EDMOND CHARLES GENET) J. MSS.

I have the honor of your letter of the 6th inst. and can assure you with real truth of the readiness and zeal with which the Executive will concur in preventing, within the limits of the United States, any preparation of hostilities against France or her colonies, as far as this can be effected by the extension of that portion of the public power, with which they are invested by the laws. Your letter requests the arrest and delivery of Tanguy, Galbaud, Conscience, and Bonne, escaped from the ship Jupiter, and from the punishment of crime committed against the republic of France; and also that necessary measures be taken to prevent the carrying into execution certain plots formed by them and others against their country. These two requisitions stand on different ground. The laws of this country take no notice of crimes committed out of their jurisdiction. The most atrocious offender, coming within their pale, is received by them as an innocent man, and they have authorized no one to seize or deliver him. The evil of protecting malefactors of every dye is sensibly felt here, as in other countries; but until a reformation of the criminal codes of most nations, to deliver fugitives from them, would be to become their accomplices; the former therefore is viewed as the lesser evil. When the consular convention with France was under consideration, this subject was attended to; but we could agree to go no further than is done in the 9th article of that instrument, when we agree mutually to deliver up “captains, officers, mariners, sailors, and all other persons being part of the crews of vessels” c. Unless, therefore, the persons before named be part of the crew of some vessel of the French nation, no person in this country is authorized to deliver them up; but, on the contrary, they are under the protection of the laws. If they are part of the crew of a vessel, they are to be delivered up; but then it happens that the district judge of each State is, by the law of Congress, made the competent person to execute this article of the convention, and consequently each within his own State, and no one over all the States; so that as criminals they cannot be given up, and if they be of the crew of a vessel, the act of Congress has not given authority to any one officer to send his process through all the States of the Union. The other branch of your request is more completely provided for by the laws, which authorize coercions as to expeditions formed in the territory of the United States against nations with whom they are at peace. If, therefore, you will be pleased to give me such information as to persons and places as may indicate to what points the vigilance of the officers is to be directed, proper measures will be immediately taken for preventing every attempt to make any hostile expedition from these States against any of the dominions of France. The stronger the proofs you can produce and the more pointed as to persons, the stronger will be the means of coercion which the laws will allow to be used.

I have not yet laid this matter before the President, who is absent from the seat of government; but to save delay, which might be injurious, I have taken the liberty, as the case is plain, to give you this provisory answer. I shall immediately communicate it to the President, and if he shall direct anything in addition or alteration, it shall be the subject of another letter. In the mean time, I may venture to let this be considered as a ground for your proceeding.

TO JOHN ROSS 1 J. MSS.

As all the world is flying, I think to fly too in two or three days, but I am money-bound. I shall have 215. dollars free out of moneys to be received for me at the Treasury between two and three weeks hence. But, to pay some matters to people in want, and to carry me home also I have occasion for 100. Doll. more. Having never had any money connection at Philadelphia, I take the liberty of applying to you rather than to any other person, to enable me to receive immediately the amount of the enclosed order on mr. Bankson (one of my clerks who is to receive the money at the treasury for me) and of my own note for 100. D. which I cannot get by discount from the bank till Wednesday next, and my wish is to go on Sunday or Monday. I expect to be absent 7. weeks, but for fear any accident might delay me a few days, I have left the date of my note blank to be filled on the day it shall be lodged in the bank, that I may be the less hurried by this circumstance in my return. I will assuredly see that it be taken up in time. If you can, for this paper, furnish me a check on the bank or its amount otherwise, you will enable my wheels to get into motion, which otherwise stand still. I have the honor to be with great esteem and respect dear sir your most obedient servant.

TO THE PRESIDENT OF THE UNITED STATES J. MSS.

I have duly received your 2. favors from Chester and Elkton, and have now the honor to enclose you an address from the town and vicinity of Petersburg, which in a letter from mr. Peachey I was desired to deliver you.

I also enclose you a letter from mr. Genet on the subject of Galbaud, and his conspiracies, with my answer sent to him. My hurry of business has prevented my translating the former, but if it cannot be done in your family, I shall be in time to do it myself.

I enclose also mr. Hammond’s reply to my letter of ye 9th. mr. Pinckney’s letter of July 5. mr. Hammond’s letter of Sep. 12. communicating the English instructions for the seizure of corn, and the answer I propose to send him if approved by you. I expect also to receive from the office a blank commission for the collector of Annapolis in time to enclose it herein.

Having found on my going to town, the day you left it, that I had but one clerk left, and that business could not be carried on, I determined to set out for Virginia as soon as I could clear my own letter files. I have now got through it so as to leave not a single letter unanswered, or anything undone, which is in a state to be done, and expect to set out tomorrow or next day. I shall hope to be at Mount Vernon on the 5th day to take your orders. The fever here is still diffusing itself, it is not quite as fatal. Colo. Hamilton and mrs. Hamilton are recovered. The consul Dupont is dead of it. So is Wright. The consul Hauterive has sent me an answer to my circular letter, as proud as could have been expected, and not very like a desisting from the acts forbidden. As I shall probably be with you as soon as this letter, I shall add nothing further than assurances of the high respect and esteem with which I have the honor to be sincerely dear sir your most obedient and humble servant.

TO THE FRENCH MINISTER
(EDMOND CHARLES GENET) J. MSS.

The correspondence which has taken place between the Executive and yourself, the acts which you have thought proper to do, to countenance, in opposition to the laws of the land, have rendered it necessary in the opinion of the President to lay a faithful statement of them before the government of France, to explain to them the reasons the necessity which have dictated our measures, to renew the assurances of that sincere friendship which has suffered no intermission during the course of these proceedings, and to express our extreme anxiety that none may be produced on their part. This has accordingly been directed to be done by the Min. Pleny. of the U S at Paris, in a letter a copy of which I now enclose to you; and, in order to bring to an end what cannot be permitted to continue, there could be no hesitation to declare in it the necessity of their having a representative here disposed to respect the laws and authorities of the country, to do the best for their interest which these would permit. An anxious regard for those interests, and a desire that they may not suffer, will induce the executive in the meantime to receive your communications in writing, to admit the continuance of your functions so long as they shall be restrained within the limits of the law as heretofore announced to you, or shall be of the tenor usually observed towards independent nations by the representative of a friendly power residing with them.

The President thought it respectful to your nation as well as yourself to leave to yourself the restraining certain proceedings of the Consuls of France within the U S, which you were informed were contrary to the laws of the land, therefore not to be permitted. He has seen with regret however that you have been far from restraining these proceedings, that the duty has devolved on him of suppressing them by the authority of the country. I enclose to you the copy of a letter written to the several Consuls Vice-consuls of France, warning them that this will be done if any repetition of these acts shall render it necessary. To the Consul of France at Boston, no such letter has been written. A more serious fact is charged on him, which if proved as there is reason to expect, will render the revocation of his Exequatur an act of immediate duty.

TO JAMES MADISON J. MSS.

I have to acknolege yours of Aug. 27. Sep. 2. The fever in town is become less mortal, but extends. Dupont the Fr. Consul is dead of it. So is Wright the painter. His wife also. Lieper is said to be dead, but that is not certain. J. Barclay ill. Ham. and his wife recovered. Willing on the recovery. The banks are not shut up, as I had been falsely informed when I wrote you last. I have some expectation to set out tomorrow, and shall make it eight days to your house; but it is very possible I may yet be detained here two or three days. The arrangement on which I had consented to remain another quarter was that the President was to be absent three weeks, and after that I was to be absent 6. weeks. This got me rid of 9. weeks of the 13. and the remaining 4. Congress would be setting. My view in this was precisely to avoid being at any more councils as much as possible, that I might not be committed in anything further. This fever by driving me off sooner, will bring me back sooner, so far counteract my view.—But I need not take the trouble of writing on this subject, as I shall see you as early as you will get this letter. Adieu.

TO THE BRITISH MINISTER
(GEORGE HAMMOND) J. MSS.

I have yet to acknowledge the receipt of your favor of the 12th instant, covering an additional instruction to the commanders of British armed vessels, and explaining its principles; and I receive it readily as a proof of your willingness to anticipate our inquiries on subjects interesting to us. Certainly none was ever more so than the instruction in question, as it strikes at the root of our agriculture, and at the means of obtaining for our citizens in general, the numerous articles of necessity and comfort which they do not make for themselves, but have hitherto procured from other nations by exchange. The paper has been before communicated to the President, but instructions immediately sent to our minister at London, to make proper representations on the subject, in the effect of which we have all that confidence which the justice of the British Government is calculated to inspire. That “all provisions are to be considered as contraband in the case where the depriving an enemy of these supplies is one of the means intended to be employed, ” or in any case but that of a place actually blockaded, is a position entirely new. However, the discussion having been transferred to another place, I forbear to enter into it here.

We had conjectured, but did not before entirely know, that the distinction which the instruction makes between Denmark and Sweden on the one hand, and the United States on the other, in the case of vessels bound to ports blockaded, was on the principle explained by you, that what was yielded to those countries by treaty, it is not unfriendly to refuse to us, because not yielded to us by treaty. I shall not contest the right of the principle, as a right to its reciprocity necessarily results to us.

A STATEMENT 1 J. MSS.

A Question whether Mr. G. has threat d . to appeal from the Pr. to the people of the US. has excited considble. attention from the public has been thot worthy of call g . forth the evidence of the highest officers of the govmt. to bear testimony to it, to justify the disclosure of the secret private consultations of the Exve. The performce. of an official duty having implicated me in the transaction, I have made me necessarily made me a party in the operation having connected me with the matter in question I have been vouched in affirmation of the charge. It is with much regret that I enter for anything in so disagreeable an altercn. but consider g . it’s present ground, silence on my part might beget surmises which would not be just. I had conversons. on the Sunday the 7 th . of July with Mr. Genet and Mr. Dallas as has been stated in the public papers. I had a private consultn with the Secr y . of the Treasury was on the next Monday to decide what sh d . be done in the event of the L. S’s attempting to depart and it was then I made my communication to them. The Pr. ret d . on the Wednesday, on that day I committed the same communications to writing in a Report to him a full detail of what has passed. I did this when the transactions were fully in my mind, particular circumstanees of the moment conversations led me to detail with more minuteness than usual every circumstance which I could recollect thought worthy any the least notice. I did this when it was impossible to I could not foresee then foresee that the question altercation which has now arisen to nor consequently give to the statem t . any hue which might reflect on that, and under no other view than that of aspect respecting it. My only object was to give ing to the Pr. a circumstantial faithful relation of what he had a right to know. And I did it with with a sacred regard to truth. I have since heard the same transactions matters spoken of on different occn. by different persons, that my memory I c d . not trust to my insomuch that I should fear to attempt from memory alone for to distinguish at this time what I have heard from one person on what occasion what from another, what on one occn. or what on another. I think it therefore safest to give the whole statement, report, without attempting of a the suppression of a tittle of it. There are. As it contains many things in it which relate not at all to the present question, some which it will be obvious it might be imagined that to be made public. Had these been omitted Were these however now omitted it m t . have been thought that tho’ the parts given forth were in the very words of the report consequently not stated with a view to the present case, yet that it has it might be imagined that their suppression the aspect of what would remain might be sensibly affected by it. been. I chuse then to throw my self on the indulgencies of those who may need it, rather than to incur their suspicions, and therefore give a verbal copy of the whole report as follows.

TO THE PRESIDENT OF THE UNITED STATES D. S. MSS.

I have the honor to inclose herewith the following papers:

• 1. A Note from Mr. Coxe which covered a letter from Nassau.
• 2. A letter from George Nicholas which covered his commission, returned.
• 3. A letter from Mr. Gore, relating to Mr. Duplaine, the communications between him Gov r . Hancock, which I asked at the desire of the Secretary at war, which are for him.
• 4. A letter from Mr. Genet of Sep. 14. which, being merely an answer to one of mine, requires no reply.
• 5. A letter from Mr. Genet of Sep. 13.

This is an answer to the written and verbal applications made to him on the subject of the William the Fanny. After being in his hands between two three months, the Consul at Philadelphia is still too busy to furnish the information I had desired. He is since dead, which of course furnishes a new excuse for delay. This indicates clearly enough that Mr. Genet does not mean to deliver them up. However he adds that the information would be useless until we settle what is to be deemed the extent of the limits of our protection. As this has never yet been decided, I am not able to answer him until you shall be pleased to determine what shall be proposed on that subject. I think myself that these limits are of great consequence, would not hesitate the sacrifice of money to obtain them large. I would say, for instance, to Great Britain, “we will pay you for such of these vessels as you chuse; only requiring in return that the distance of their capture from shore shall, as between us, be ever considered as within our limits: now say for yourself, which of these vessels you will accept payment for.” With France it might not be so easy to purchase distance by pecuniary sacrifices: but if by giving up all further reclamation of the vessels in their hands, they could be led to fix the same limits (say 3. leagues) I should think it an advantageous purchase, besides ridding us of an article of account which they may dispute. I doubt on the whole whether any thing further can be effectually done on this subject until your return to the seat of government, or to the place where you will fix for the time.

Mr. Genet’s answer with respect to his opposing the service of process on a vessel is singularly equivocal. I rather conjecture he means to withdraw the opposition, and I am in hopes my letter to Mr. Hammond will have produced another effort by the Marshal which will have succeeded. Should this not be the case, if military constraint cannot be used without endangering military opposition, this vessel also may become a subject of indemnification.

Mr. Bankson writes me word that Genl. Moylan’s residence being off the Post road, he had been obliged to send an express to him, which was not yet returned. Besides the duplicate dispatches for Gouvern r . Morris, I had left in his hands letters for all our foreign Ministers Consuls. He writes me that the Communications with Philadelphia had been so much intercepted that he had not yet obtained conveyances.

The death of Wright will require a new nomination of an engraver. If it be left to Mr. Rittenhouse, I think he would prefer Scott.

Just before I left Philada. I received from Mr. Genet a claim of exemption from tonnage for their vessels which quitted the Cape in distress made the first ports in the U. S. particularly as to those which came to Baltimore, the tonnage of which amounted to a large sum. As you were come away, I thought it would shorten the business to send his claim in a letter addressed to the Secretary of the Treasury, but (as he was sick) under cover to Mr. Wolcott, in hopes they would make a report thereon to you for your consideration. The necessity of these abridgments of formalities in our present distant situations requires that I should particularly suggest to you the expediency of desiring Genl. Knox to communicate to the foreign ministers himself directly any matters relative to the interpositions of his department through the governors. For him to send these to me from Boston to this place merely that I may send them back to the ministers at Philadelphia or New York, might be an injurious delay of business.

I shall hope to have the honor of a line from you whenever you shall have fixed on the time and place at which you shall decide to reassemble us.

TO THE PRESIDENT OF THE UNITED STATES J. MSS.

I was the day before yesterday honored with your favor of the 7th inst. by post and yesterday I received that of the 11th by express from Colo. Carrington. I will take care to be at Germantown by the 1st of the month. As the ploughing thro the roads of the month of January would be disagreeable with my own horses, I shall send them back from Fredericksburg, for which place I will set out to-morrow (Friday) sennight, in order to take the stage from thence of Monday the 28th. This of course will deprive me of the honor of waiting on you at Mount Vernon, but perhaps I may have that of seeing you on the road.

I have carefully considered the question Whether the President may call Congress to any other place than that to which they have adjourned themselves, and think he cannot have such a right unless it has been given him by the constitution or the laws, that neither of these has given it. The only circumstance which he can alter, as to their meeting, is that of time by calling them at an earlier day than that to which they stand adjourned, but no power to change the place is given. Mr. Madison happened to come here yesterday after the receipt of your letter. I proposed the question to him, and he thinks there was particular caution intended used in the diction of the Constitution to avoid giving the President any power over the place of meeting; lest he should exercise it with local partialities.

With respect to the Executive, the Residence law has fixed our offices at Philadelphia till the year 1800, therefore it seems necessary that we should get as near them as we may with safety.

As to the place of meeting for the legislature, were we authorized to decide that question I should think it right to have it in some place in Pensylvania, in consideration of the principles of the Residence bill, that we might furnish no pretext to that state to infringe them hereafter. I am quite unacquainted with Reading, it’s means of accommodation. It’s situation is perhaps as little objectionable as that of Lancaster, less so than Trenton or perhaps Wilmington. However I think we have nothing to do with the question, that Congress must meet in Philadelphia even if it be in the open fields, to adjourn themselves to some other place.—I am extremely afraid something has happened to mr. Bankson, on whom I relied for continuance at my office. For two posts past I have not received any letter from him, nor dispatches of any kind. This involves new fears for the duplicates of those to mr. Morris. I have the honor c.

P.S. Mr. Randolph’s, and mr. Trumbul’s letters are returned.

TO THOMAS MANN RANDOLPH J. MSS.

After having experienced on my journey the extremes of heat, cold, dust rain, I arrived here yesterday. I found at Baltimore that the stages run no further North, and being from that circumstance thrown into the hands of the harpies who prey upon travellers, was pretty well fleeced to get here. I think from Fredericksburg here with a single servant cost me upwards of seventy dollars. Before this change in the weather the fever had very much abated in Philadelphia, at this time it has almost entirely disappeared, in so much that the inhabitants are very many of them returning into the city. This is very necessary for our accommodation here, as this place is so full that I have been able to obtain a bed in a corner of the public room of a tavern only, and that as a great favor, the other alternative being to sleep on the floor in my cloak before the fire. In this state I am awaiting till some of the Philadelphians may take courage to go into the city, and make a vacancy here. Nothing will be done by the President as to the meeting of Congress. It is imagined that knowing he is here, they will rendezvous here, and after settling informally to what place they will remove, they will go into the fields of the city and pass a regular vote. The pure blacks have been found insusceptible of the infection. The mixed blood has taken it. What is more singular is that tho hundreds have been taken with the disease out of Philadelphia, have died of it after being well attended, yet not a single instance has occurred of anybody’s catching it out of Philadelphia. The question for the session of Congress will lie between Philadelphia, New York Lancaster.—Freneau’s paper is discontinued. I fear it is the want of money. He promises to resume it before the meeting of Congress. I wish the subscribers in our neighborhood would send on their money. My love to my dear daughters am with sincere esteem Dear Sir Yours affectionately.

P.S. Mr. Hollingsworth at the head of Elk thinks he can immediately send me on a good overseer in the place of Rogers. I authorized him to allow exactly the same as to Biddle. Consequently on his arrival I must get you to give him orders on Watson Colo. Bell for the same necessaries which I had furnished to Biddle.

TO JAMES MADISON MAD. MSS.

I overtook the President at Baltimore, we arrived here yesterday, myself fleeced of seventy odd dollars to get from Fredericksburg here, the stages running no further than Baltimore. I mention this to put yourself Monroe on your guard. The fever in Phila. has so much abated as to have almost disappeared. The inhabitants are about returning. It has been determined that the President shall not interfere with the meeting of Congress. R. H. K. were of opinion he had a right to call them to any place but that the occasion did not call for it. I think the President inclined to the opinion. I proposed a proclmn. notifying that the Executive business would be done here till further notice, which I believe will be agreed. H. R. Lewis, Rawle c., all concur in the necessity that Congress should meet in Phila., vote there their own adjournment, if it shall then be necessary to change the place. The question will be between N Y Lancaster. The Pensylva. members are very anxious for the latter, will attend punctually to support it, as well as to support Muhlenburg, oppose the appointment of Smith (S. C.) speaker, which is intended by the Northern members. According to present appearances this place cannot lodge a single person more. As a great favor I have got a bed in the corner of the public room of a tavern: and must continue till some of the Philadelphians make a vacancy by removing into the city. Then we must give him from 4. to 6. or 8. dollars a week for cuddies without a bed, and sometimes without a chair or table. There is not a single lodging house in the place. Ross Willing are alive. Hancock is dead. Johnson of Maryld has refused. 1 Ru. L. and Mcl. 2 in contemplation. The last least.—You will have seen Genet’s letters to Moultrie to myself. Of the last I know nothing but from the public papers; and he published Moultrie’s letter his answer the moment he wrote it. You will see that his inveteracy against the President leads him to meditate the embroiling him with Congress. They say he is going to be married to a daughter of Clinton’s. If so, he is afraid to return to France. Hamilton is ill, suspicious he has taken the fever again by returning to his house. He of course could not attend here to-day. But the Pr had showed me his letter on the right of calling Congress to another place. Adieu.

TO THE FRENCH MINISTER
(EDMOND CHARLES GENET) J. MSS.

I have now to acknowledge and answer your letter of September 13, wherein you desire that we may define the extent of the line of territorial protection on the coasts of the United States, observing that Governments and jurisconsults have different views on this subject.

It is certain that, heretofore, they have been much divided in opinion as to the distance from their sea coasts, to which they might reasonably claim a right of prohibiting the commitment of hostilities. The greatest distance, to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upwards of twenty miles, and the smallest distance, I believe, claimed by any nation whatever, is the utmost range of a cannon ball, usually stated at one sea league. Some intermediate distances have also been insisted on, and that of three sea-leagues has some authority in its favour. The character of our coasts, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us, in reason, to as broad a margin of protected navigation, as any nation whatever. Not proposing, however, at this time, and without a respectful and friendly communication with the Powers interested in this navigation, to fix on the distance to which we may ultimately insist on the right of protection, the President gives instructions to the officers, acting under this authority, to consider those heretofore given them as restrained for the present to the distance of one sea-league, or three geographical miles from the sea-shore. This distance can admit of no opposition as it is recognized by treaties between some of the Powers with whom we are connected in commerce and navigation, and is as little or less than is claimed by any of them on their own coasts.

Future occasions will be taken to enter into explanations with them, as to the ulterior extent to which we may reasonably carry our jurisdiction. For that of the rivers and bays of the United States, the laws of the several States are understood to have made provision, and they are, moreover, as being landlocked, within the body of the United States.

Examining by this rule, the case of the British brig Fanny, taken on the 8th of May last, it appears from the evidence, that the capture was made four or five miles from the land, and consequently without the line provisionally adopted by the President as before mentioned. 1

TO THE BRITISH MINISTER
(GEORGE HAMMOND) J. MSS.

The President of the United States thinking that before it shall be finally decided to what distance from our sea shores the territorial protection of the United States shall be exercised, it will be proper to enter into friendly conferences explanations with the powers chiefly interested in the navigation of the seas on our coast, and relying that convenient occasions may be taken for these hereafter, finds it necessary in the mean time, to fix provisionally on some distance for the present government of these questions. You are sensible that very different opinions claims have been heretofore advanced on this subject. The greatest distance to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upwards of 20. miles, and the smallest distance I believe, claimed by any nation whatever is the utmost range of a cannon ball, usually stated at one sea-league. Some intermediate distances have also been insisted on, and that of three sea leagues has some authority in its favor. The character of our coast, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us in reason to as broad a margin of protected navigation as any nation whatever. Reserving however the ultimate extent of this for future deliberation the President gives instructions to the officers acting under his authority to consider those heretofore given them as restrained for the present to the distance of one sea-league or three geographical miles from the sea shore. This distance can admit of no opposition as it is recognized by treaties between some of the powers with whom we are connected in commerce and navigation, and is as little or less than is claimed by any of them on their own coasts. For the jurisdiction of the rivers and bays of the United States the laws of the several states are understood to have made provision, and they are moreover as being landlocked, within the body of the United States.

Examining by this rule the case of the British brig Fanny, taken on the 8th of May last, it appears from the evidence that the capture was made four or five miles from the land, and consequently without the line provisionally adopted by the President as before mentioned. 1

TO MARTHA JEFFERSON RANDOLPH J. MSS.

I wrote, my dear Martha, by last week’s post to mr. Randolph. Yesterday I received his of Oct. 31. The fever in Philadelphia has almost entirely disappeared. The Physicians say they have no new infections since the great rains which have fallen. Some previous ones are still to die or recover, and so close this tragedy. I think however the Executive will remain here till the meeting of Congress, merely to furnish a rallying point to them. The refugee inhabitants are very generally returning into the city. Mr. T. Shippen his lady are here. He is very slowly getting better. Still confined to the house. She well very burly. I told her of her sister’s pretentions to the fever ague at Blenheim. She complained of receiving no letter. Tell this to Mrs. Carter, making it the subject of a visit express, which will be an act of good neighbourhood.—The affairs of France are at present gloomy. Toulon has surrendered to England Spain. So has Grandanse and the country round about in St. Domingo. The English however have received a check before Dunkirk, probably a smart one, tho’ the particulars are not yet certainly known. I send Freneau’s papers. He has discontinued them, but promises to resume again. I fear this cannot be till he has collected his arrearages. My best regards to mr. Randolph. Accept my warmest love for yourself Maria, compliments to Miss Jane, kisses to the children, friendly affections to all. Adieu.

TO THE BRITISH MINISTER
(GEORGE HAMMOND) J. MSS.

I have to acknowledge the receipt of your letter of the 7th instant, on the subject of the British ship Roehampton, taken and sent into Baltimore by the French privateer the Industry, an armed schooner of St. Domingo, which is suggested to have augmented her force at Baltimore before the capture. On this circumstance a demand is grounded that the prize she has made shall be restored.

Before I proceed to the matters of fact in this case, I will take the liberty of calling your attention to the rules which are to govern it. These are, I. That restitution of prizes has been made by the Executive of the United States only in the two cases, 1, of capture within their jurisdiction, by armed vessels, originally constituted such without the limits of the United States; or 2d, of capture, either within or without their jurisdiction, by armed vessels, originally constituted such within the limits of the United States, which last have been called proscribed vessels.

II. That all military equipments within the ports of the United States are forbidden to the vessels of the belligerent powers, even where they have been constituted vessels of war before their arrival in our ports; and where such equipments have been made before detection, they are ordered to be suppressed when detected, and the vessel reduced to her original condition. But if they escape detection altogether, depart and make prizes, the Executive has not undertaken to restore the prizes.

With due care, it can scarcely happen that military equipments of any magnitude shall escape discovery. Those which are small may sometimes, perhaps, escape, but to pursue these so far as to decide that the smallest circumstance of military equipment to a vessel in our ports shall invalidate her prizes through all time, would be a measure of incalcuable consequences. And since our interference must be governed by some general rule, and between great and small equipments no practicable line of distinction can be drawn, it will be attended with less evil on the whole to rely on the efficacy of the means of prevention, that they will reach with certainty equipments of any magnitude, and the great mass of those of smaller importance also; and if some should in the event, escape all our vigilance, to consider these as of the number of cases which will at times baffle the restraints of the wisest and best-guarded rules which human foresight can devise. And I think we may safely rely that since the regulations which got into a course of execution about the middle of August last, it is scarcely possible that equipments of any importance should escape discovery.

These principles shewing that no demand of restitution holds on the ground of a mere military alteration or an augmentation of force, I will consider your letter only as a complaint that the orders of the President prohibiting these, have not had their effect in the case of the Industry, and enquire whether if this be so, it has happened either from neglect or connivance in those charged with the execution of these orders. For this we must resort to facts which shall be taken from the evidence furnished by yourself and the British vice-consul at Baltimore, and from that which shall accompany this letter.

About the beginning of August the Industry is said to have arrived at Baltimore with the French fleet from St. Domingo; the particular state of her armament on her arrival is lately questioned, but it is not questioned that she was an armed vessel of some degree. The Executive having received an intimation that two vessels were equipping themselves at Baltimore for a cruise, a letter was on the 6th of Augt addressed by the Secretary of War to the Governor of Maryland, desiring an inquiry into the fact. In his absence the Executive Council of Maryland charged one of their own body, the honorable Mr. Killy, with the inquiry. He proceeded to Baltimore, and after two days’ examination found no vessel answering the description of that which was the object of his inquiry. He then engaged the British vice-consul in the search, who was not able, any more than himself, to discover any such vessels. Captain Killy, however, observing a schooner, which appeared to have been making some equipments for a cruise, to have added to her guns, and made some alteration in her waist, thought these circumstances merited examination, though the rules of August had not yet appeared. Finding that his inquiries excited suspicion, and fearing the vessel might be withdrawn, he had her seized, and proceeded in investigation. He found that she was the schooner Industry, Captain Carver, from St. Domingo: that she had been an armed vessel for three years before her coming here, and as late as April last had mounted 16 guns; that she now mounted only 12, and he could not learn that she had procured any of these, or done anything else, essential to her as a privateer, at Baltimore. He therefore discharged her, and on the 23d of August the Executive Council made the report to the Secretary of war, of which I enclose you a copy. About a fortnight after this (Sep. 6) you added to a letter on other business a short paragraph, saying that you had “lately received information that a vessel named the Industry had, within the last 5 or 6 weeks, been armed, manned and equipped in the port of Baltimore.” The proceedings before mentioned having been in another department, were not then known to me. I therefore could only communicate this paragraph to the proper department. The separation of the Executive within a few weeks after, prevented any explanations on this subject, and without them it was not in my power to either controvert or admit the information you had received. Under these circumstances I think you must be sensible, Sir, that your conclusion from my silence, that I regarded the fact as proved, was not a very necessary one.

New inquiries at that time could not have prevented the departure of the privateer, or the capture of the Roehampton; for the privateer had then been out some time. The Roehampton was already taken, and was arriving at Baltimore, which she did about the day of the date of your letter. After her arrival, new witnesses had come forward to prove that the Industry had made some military equipments at Baltimore before her cruise. The affidavits taken by the British vice-consul, are dated about 9 or 10 days after the date of your letter and arrival of the Roehampton, and we have only to lament that those witnesses had not given their information to the vice-consul when Mr. Killy engaged his aid in the enquiries he was making, and when it would have had the effect of our detaining the privateer till she should have reduced herself to the condition in which she was when she arrived in our ports, if she had really added anything to her then force. But supposing the testimony just and full (tho taken ex parte, and not under the legal sanction of an oath,) yet the Governor’s refusal to restore the prize was perfectly proper, for, as has been before observed, restitution has never been made by the Executive, nor can be made on a mere clandestine alteration or augmentation of military equipments, which was all that the new testimony tended to prove.

Notwithstanding, however, that the President thought the information obtained on the former occasion had cleared this privateer from any well-grounded cause of arrest; yet that which you have now offered opens the possibility that the former was defective. He has therefore desired new inquiry to be made before a magistrate legally authorized to administer an oath, and indifferent to both parties; and should the result be that the vessel did really make any military equipments in our ports, instructions will be given to reduce her to her original condition, whenever she shall again come into our ports.

On the whole, Sir, I hope you will perceive that on the first intimation thro their own channel, and without waiting for information on your part, that a vessel was making military equipments at Baltimore, the Executive took the best measures for inquiring into the fact, in order to prevent or suppress such equipments; that an officer of high respectability was charged with the inquiry, and that he made it with great diligence himself, and engaged similar inquiries on the part of your vice-consul; that neither of them could find that the privateer had made such equipments, or, of course, that there was any ground for reducing or detaining her; that at the date of your letter of Sep. 6, (the first intimation received from you,) the privateer was departed, had taken her prize, and that prize was arriving in port; that the new evidence taken 10 days after that arrival can produce no other effect than the institution of a new inquiry, and a reduction of the force of the privateer, should she appear to have made any military alterations or augmentation, on her return into our ports, and that in no part of this proceeding is there the smallest ground for imputing either negligence or connivance to any of the officers who have acted in it.

TO ELI WHITNEY J. MSS.

Your favor of Oct. 15. inclosing a drawing of your cotton gin, was received on the 6th inst. The only requisite of the law now uncomplied with is the forwarding a model, which being received your patent may be made out delivered to your order immediately.

As the state of Virginia, of which I am, carries on household manufactures of cotton to a great extent, as I also do myself, and one of our great embarrassments is the clearing the cotton of the seed, I feel a considerable interest in the success of your invention, for family use. Permit me therefore to ask information from you on these points. Has the machine been thoroughly tried in the ginning of cotton, or is it as yet but a machine of theory? What quantity of cotton has it cleaned on an average of several days, worked by hand, by how many hands? What will be the cost of one of them made to be worked by hand? Favorable answers to these questions would induce me to engage one of them to be forwarded to Richmond for me. Wishing to hear from you on the subject I am c.

P.S. Is this the machine advertised the last year by Pearce at the Patterson manufactory?

TO JOHN KEAN 1

Th. Jefferson presents his compliments to mr. Kean congratulates him sincerely on his and mrs. Kean’s having escaped the dangers of the season.

Thinking it possible that the members of Congress (retaining the horrors of the yellow fever which prevail at a distance) may remove to Lancaster, on so short notice as to prevent Th. J. from settling his affairs in Philadelphia, he thinks it best to do that while he has time, for that purpose it would be convenient for him to command his salary of the present quarter. He therefore begs the favor of mr. Kean to put the note which accompanies this into the proper channel for discount; and if he will be so kind when it is decided on, as to send a line of information for Th. J. to his office on Market street he will be much obliged to him.

Will the form of this note render an order from mr. Taylor requisite to authorise Th. J. to receive the money?

TO JAMES MADISON MAD. MSS.

I have got good lodgings for Monroe yourself, that is to say, a good room with a fireplace two beds, in a pleasant convenient position, with a quiet family. They will breakfast you, but you must mess in a tavern; there is a good one across the street. This is the way in which all must do, and all I think will not be able to get even half beds. The President will remain here I believe till the meeting of Congress, merely to form a point of union for them before they can have acquired information courage. For at present there does not exist a single subject in the disorder, no new infection having taken place since the great rains the 1st of the month, those before infected being dead or recovered. There is no doubt you will sit in Philadelphia, therefore I have not given Monroe’s letter to Sechel. I do not write to him, because I know not whether he is at present moving by sea or by land, if by the latter, I presume you can communicate to him.—Wayne has had a convoy of 22. wagons of provisions, and 70. men cut off 15. miles in his rear by the Indians. 6. of the men were found on the spot scalped, the rest supposed taken. He had nearly reached Fort Hamilton. R. has given notice that he means to resign. Genet by more more denials of powers to the President and ascribing them to Congress, is evidently endeavoring to sow tares between them, at any event to curry favor with the latter to whom he means to turn his appeal, finding it was not likely to be well received with the people. Accept both of you my sincere affection.

TO THE FRENCH MINISTER
(EDMOND CHARLES GENET) J. MSS.

In my letter of October 2, I took the liberty of noticing to you, that the commission of consul to M. Dannery ought to have been addressed to the President of the United States. He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nation; and whatever he communicates as such, they have a right, and are bound to consider as the expression of the nation, and no foreign agent can be allowed to question it, to interpose between him and any other branch of Government, under the pretext of either’s transgressing their functions, nor to make himself the umpire and final judge between them. I am, therefore, sir, not authorized to enter into any discussions with you on the meaning of our constitution in any part of it, or to prove to you, that it has ascribed to him alone the admission or interdiction of foreign agents. I inform you of the fact by authority from the President. I had observed to you that we were persuaded, that, in the case of the consul Dannery, the error in the address had proceeded from no intention in the Executive Council of France to question the functions of the President, and therefore no difficulty was made in issuing the commission. We are still under the same persuasion. But in your letter of the 14th instant, you personally question the authority of the President, and, in consequence of that, have not addressed to him the commissions of Messrs. Pennevert and Chervi, making a point of this formality on your part; it becomes necessary to make a point of it on ours also; and I am therefore charged to return you those commissions, and to inform you that, bound to enforce respect to the order of things established by our constitution, the President will issue no exequatur to any consul or vice consul, not directed to him in the usual form, after the party from whom it comes, has been apprized that such should be the address.

CABINET DECISIONS W. MSS.

At sundry meetings of the heads of departments Attorney General from the 1 st . to the 21 st . of Nov. 1793. at the President’s several matters were agreed upon as stated in the following letters from the Secretary of State. to wit.

Nov. 8. Circular letter to the representatives of France, Gr. Brit. Spain the U. Netherlands, fixing provisorily the extent of our jurisdiction into the sea at a sea-league.

10. Circular d o . to the district attornies, notifying the same, committing to them the taking depositions in those cases.

Same date. Circular to the foreign representatives, notifying how depositions are to be taken in those cases.

The substance of the preceding letters were agreed to by all, the rough draughts were submitted to them approved.

Nov. 14. To Mr. Hammond, that the U. S. are not bound to restore the Roehampton. This was agreed by all, the rough draught was submitted to approved by Col o . Hamilton Mr. Randolph. Gen l . Knox was absent on a visit to Trenton.

10. Letters to Mr. Genet Hammond, the 14. to Mr. Hollingsworth for taking depositions in the cases of the Coningham Pilgrim.

15. D o . to Genet, Hammond Mr. Rawle for deposns. in the case of the William.

14. D o . to Hollingsworth to ascertain whether Mr. Moissonier had passed sentence on the Roehampton Pilgrim.

These last ment d . letters of the 10 th . 14 th . 15 th . were as to their substance agreed on by all, the draughts were only communicated to Mr. Randolph and approved by him.

Nov. 13. To Mr. Hammond. enquiring when we shall have an answer on the inexecution of the treaty. The substance agreed by all. The letter was sent off without communication, none of the gentlemen being at Germantown.

22. To Mr. Genet. returning the commissions of Pennevert Chervi because not addressed to the Presiden.

Same date. To d o . enquiring whether the Lovely Lass, Prince William Henry Jane of Dublin have been given up, and if not, requiring that they be now restored to owners.

These were agreed to by all as to their matter, and the letters themselves were submitted before they were sent to the President, the Secretary of War the Attorney General, the Secretary of the Treasury absent.

Same date. To Mr. Gore for authentic evidence of Dannery’s protest on the President’s revocation of Duplaine’s Exequatur. The substance agreed to by all. The letter sent off before communication.