LITMIR.BIZ

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encloses the message respecting France and Great Britain. He first wrote it fair as it was agreed the other evening at the President's. He then drew a line with a pen through the passages he proposes to alter, in consequence of subsequent information, (but so lightly as to leave the passages still legible for the President,) and interlined the alterations he proposes. The overtures mentioned in the first alteration, are in consequence of its having been agreed that they should be mentioned in general terms only to the two houses. The numerous alterations made the other evening in the clause respecting our corn trade, with the hasty amendments proposed in the moment, had so much broken the tissue of the paragraph, as to render it necessary to new mould it. In doing this, care has been taken to use the same words as nearly as possible, and also to insert a slight reference to Mr. Pinckney's proceedings.

      On a severe review of the question, whether the British communication should carry any such mark of being confidential, as to prevent the Legislature from publishing them, he is clearly of opinion they ought not. Will they be kept secret if secrecy is enjoined? certainly not, and all the offence will be given (if it be possible any should be given) which would follow their complete publication. If they would be kept secret, from whom would it be? from our own constituents only, for Great Britain is possessed of every tittle. Why, then, keep it secret from them? no ground of support for the Executive will ever be so sure as a complete knowledge of their proceedings by the people; and it is only in cases where the public good would be injured, and because it would be injured, that proceedings should be secret. In such cases it is the duty of the Executive to sacrifice their personal interests (which would be promoted by publicity) to the public interest. If the negotiations with England are at an end, if not given to the public now, when are they to be given? and what moment can be so interesting? If anything amiss should happen from the concealment, where will the blame originate at last? It may be said, indeed, that the President puts it in the power of the Legislature to communicate these proceedings to their constituents; but is it more their duty to communicate them to their constituents, than it is the President's to communicate them to his constituents? and if they were desirous of communicating them, ought the President to restrain them by making the communication confidential? I think no harm can be done by the publication, because it is impossible England, after doing us an injury, should declare war against us, merely because we tell our constituents of it; and I think good may be done, because while it puts it in the power of the Legislature to adopt peaceable measures of doing ourselves justice, it prepares the minds of our constituents to go cheerfully into an acquiescence under the measures, by impressing them with a thorough and enlightened conviction that they are founded in right. The motive, too, of proving to the people the impartiality of the Executive between the two nations of France and England, urges strongly that while they are to see the disagreeable things which have been going on as to France, we should not conceal from them what has been passing with England, and induce a belief that nothing has been doing.

      TO MR. GENET

Philadelphia, December 9, 1793.

      Sir,—I have to acknowledge the receipt of your letter of the 3d instant, which has been duly laid before the President.

      We are very far from admitting your principle, that the government on either side has no other right, on the presentation of a consular commission, than to certify that, having examined it, they find it according to rule. The governments of both nations have a right, and that of yours has exercised it as to us, of considering the character of the person appointed; the place for which he is appointed, and other material circumstances; and of taking precautions as to his conduct, if necessary; and this does not defeat the general object of the convention, which, in stipulating that consuls shall be permitted on both sides, could not mean to supersede reasonable objections to particular persons, who might at the moment be obnoxious to the nation to which they were sent, or whose conduct might render them so at any time after. In fact, every foreign agent depends on the double will of the two governments, of that which sends him, and of that which is to permit the exercise of his functions within their territory; and when either of these wills is refused or withdrawn, his authority to act within that territory becomes incomplete. By what member of the government the right of giving or withdrawing permission is to be exercised here, is a question on which no foreign agent can be permitted to make himself the umpire. It is sufficient for him, under our government, that he is informed of it by the executive.

      On an examination of the commissions from your nation, among our records, I find that before the late change in the form of our government, foreign agents were addressed sometimes to the United States, and sometimes to the Congress of the United States, that body being then executive as well as legislative. Thus the commissions of Messrs. L'Etombe, Holker, Daunemanis, Marbois, Creve-coeur, and Chateaufort, have all this clause: "Prions et requerons nos tres chers et grands amis et allies, les Etat Unis de l'Amerique septentrionale, leurs gouverneurs, et autres officiers, &c. de laisser jouir, &c. le dit sieur, &c. de la charge de notre consul," &c. On the change in the form of our government, foreign nations, not undertaking to decide to what member of the new government their agents should be addressed, ceased to do it to Congress, and adopted the general address to the United States, before cited. This was done by the government of your own nation, as appears by the commissions of Messrs. Mangourit and La Forest, which have in them the clause before cited. So your own commission was, not as M. Gerond's and Luzerne's had been, "a nos tres chers, &c. le President et membres du Congres general des Etats Unis," &c., but "a nos tres chers, &c. les Etats Unis de l'Amerique," &c. Under this general address, the proper member of the government was included, and could take it up. When, therefore, it was seen in the commission of Messrs. Dupont and Hauterieve, that your executive had returned to the ancient address to Congress, it was conceived to be an inattention, insomuch that I do not recollect (and I do not think it material enough to inquire) whether I noticed it to you either verbally or by letter. When that of M. Dannery was presented with the like address, being obliged to notice to you an inaccuracy of another kind, I then mentioned that of the address, not calling it an innovation, but expressing my satisfaction, which is still entire, that it was not from any design in your Executive Council. The Exequatur was therefore sent. That they will not consider our notice of it as an innovation, we are perfectly secure. No government can disregard formalities more than ours. But when formalities are attacked with a view to change principles, and to introduce an entire independence of foreign agents on the nation with whom they reside, it becomes material to defend formalities. They would be no longer trifles, if they could, in defiance of the national will, continue a foreign agent among us whatever might be his course of action. Continuing, therefore, the refusal to receive any commission from yourself, addressed to an improper member of the government, you are left free to use either the general one to the United States, as in the commissions of Messrs. Mangourit and La Forest, before cited, or the special one, to the President of the United States.

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

      TO THE PRESIDENT

December 11, 1793.

      The President doubtless recollects the communications of Mr. Ternant expressing the dissatisfaction of the Executive Council of France with Mr. Morris, our Minister there, which, however, Mr. Ternant desired might be considered as informal; that Col. Smith also mentioned that dissatisfaction, and that Mr. Le Brun told him he would charge Mr. Genet expressly with their representations on this subject; and that all further consideration thereon lay over therefore for Mr. Genet's representations.

      Mr. Genet, some time after his arrival (I cannot now recollect how long, but I think it was a month or more), coming to my house in the country one evening, joined me in a walk near the river. Our conversation was on various topics, and not at all of an official complexion. As we were returning to the house, being then I suppose on some subject relative to his country (though really I do not recall to mind what it was), he turned about to me, just in the passage of the gate, and said, "but I must tell you, we all depend on you to send us a good minister there, with whom we may do business confidentially, in the place of Mr. Morris." These are perhaps not the identical words, yet I believe they are nearly so; I am sure they are the substance, and he scarcely employed more in the expression. It was unexpected, and, to avoid the necessity

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