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in general, take in the welfare of this gentleman, is great and
sincere, and will entirely justify all prudent efforts to serve him. I am
therefore to desire, that you will avail yourself of every opportunity
of sounding the way towards his liberation, of finding out whether
those in whose power he is are very tenacious of him, of insinuating
through such channels as you shall think suitable, the attentions of
the government and people of the United States to this object, and
the interest they take in it, and of procuring his liberation by informal
solicitations, if possible. But if formal ones be necessary, and the
moment should arrive when you shall find that they will be effectual,
you are authorized to signify, through such channel as you shall find
suitable, that our government and nation, faithful in their
attachments to this gentleman for the services he has rendered
them, feel a lively interest in his welfare, and will view his liberation
as a mark of consideration and friendship for the United States, and
as a new motive for esteem and a reciprocation of kind offices
towards the power to whom they shall be indebted for this act.
A like letter being written to Mr. Pinckney, you will of course take
care, that however you may act through different channels, there be
still a sufficient degree of concert in your proceedings.
I am, with great and sincere esteem, dear Sir, your most obedient,
and most humble servant.

TO MR. PINCKNEY.

Philadelphia, March 16, 1793.

Dear Sir,—I wrote you on the 30th of December, and again a short
letter on the 1st of January, since which I have received yours of
October the 2d and 5th, November 6th and 9th, and December the
13th, 14th, 15th. I now enclose you the Treasurer's second of
exchange for twenty-four thousand seven hundred and fifty guilders,
to be employed in the purchase of copper for the mint, from
Sweden, or wherever else it can be got on the best terms; the first
of exchange having been enclosed in my letter of December the
30th.
I am in hopes you will have been able to enter into proper
arrangements with the British minister for the protection of our
seamen from impressment, before the preparations for war shall
have produced inconvenience to them. While he regards so minutely
the inconveniences to themselves which may result from a due
regulation of this practice, it is just he should regard our
inconveniences also, from the want of it. His observations in your
letter imply merely, that if they should abstain from injuring us, it
might be attended with inconvenience to themselves.
You ask, what should be your conduct, in case you should at any
time discover negotiations to be going on, which might eventually be
interesting to us? The nature of the particular case will point out
what measures, on your part, would be the most for our interest,
and to your discretion we must refer the taking such measures,
without waiting for instructions, where circumstances would not
admit of such a delay. A like necessity to act may arise on other
occasions. In the changeable scenes, for instance, which are passing
in Europe, were a moment to offer when you could obtain any
advantage for our commerce, and especially in the American
colonies, you are desired to avail us of it to the best advantage, and
not to let the occasion slip by for want of previous instruction.
You ask, what encouragements are given to emigrants by the several
States? No other than a permission to become citizens, and to
participate of the rights of citizens, except as to eligibility to certain
offices in the government. The rules, as to these, are not uniform in
the States. I have found it absolutely impracticable to obtain, even
for my office, a regular transmission of the laws of the several
States: consequently, it would be more so to furnish them to our
ministers abroad. You will receive by this or the first proper
conveyance, those of Congress, passed at their last session.
It is impossible for me to give any authority for the advance of
moneys to Mr. Wilson. Were we to do it in his case, we should, on
the same principles, be obliged to do it in several others wherein
foreign nations decline or delay doing justice to our citizens. No law
of the United States would cover such an act of the executive; and
all we can do legally, is, to give him all the aid which our patronage
of his claims with the British court, can effect.
With respect to the payment of your allowances, as the laws
authorize the payment of a given number of dollars to you, and as
your duties place you in London, I suppose we are to pay you the
dollars there, or other money of equal value, estimated by the par of
the metals. Such has, accordingly, been the practice ever since the
close of the war. Your powers to draw on our bankers in Holland, will
leave you the master of fixing your drafts by this standard.
The transactions of Europe are now so interesting, that I should be
obliged to you, every week, to put the Leyden gazettes of the week
under cover to me; and put them into such ship's bags as shall be
first coming to any port north of North Carolina.
Mr. Barclay's death is just made known to us, and measures are
taking in consequence of it.
You will perceive by the newspapers, a remarkable fall in the price of
our public paper. This is owing chiefly to the extraordinary demand
for the produce of our country, and a temporary scarcity of cash to
purchase it. The merchants holding public paper are obliged to part
with it at any price, to raise money.
I am, with much respect, dear Sir, your most obedient, and most
humble servant.

TO ——[22]
 Philadelphia, March 18, 1793.

Dear Sir,—I received your kind favor of the 26th ult., and thank you
for its contents as sincerely as if I could engage in what they
propose. When I first entered on the stage of public life (now
twenty-four years ago), I came to a resolution never to engage while
in public office in any kind of enterprise for the improvement of my
fortune, nor to wear any other character than that of a farmer. I
have never departed from it in a single instance; and I have in
multiplied instances found myself happy in being able to decide and
to act as a public servant, clear of all interest, in the multiform
questions that have arisen, wherein I have seen others embarrassed
and biased by having got themselves into a more interested
situation. Thus I have thought myself richer in contentment than I
should have been with any increase of fortune. Certainly I should
have been much wealthier had I remained in that private condition
which renders it lawful and even laudable to use proper efforts to
better it. However, my public career is now closing, and I will go
through on the principle on which I have hitherto acted. But I feel
myself under obligations to repeat my thanks for this mark of your
attention and friendship.
We have just received here the news of the decapitation of the King
of France. Should the present foment in Europe not produce
republics everywhere, it will at least soften the monarchical
governments by rendering monarchs amenable to punishment like
other criminals, and doing away that rages of insolence and
oppression, the inviolability of the King's person. We I hope shall
adhere to our republican government, and keep it to its original
principles by narrowly watching it. I am, with great and sincere
affection, dear Sir, your friend and servant.
 FOOTNOTE

[22] [No address.]

TO COLONEL HUMPHREYS.

Philadelphia, March 21, 1793.

Sir,—The death of Admiral Paul Jones first, and afterwards of Mr.

Barclay, to whom the mission to Algiers, explained in the enclosed
papers, was successively confided, have led the President to desire
you to undertake the execution of it in person. These papers, being
copies of what had been delivered to them, will serve as your guide.
But Mr. Barclay having been also charged with a mission to Morocco,
it will be necessary to give you some trouble with respect to that
also.
Mr. Nathaniel Cutting, the bearer hereof, is despatched specially, first
to receive from Mr. Pinckney in London any papers or information,
which his agency in the Algerine business may have enabled him to
communicate to you: he will then proceed to deliver the whole to
you, and accompany and aid you in the character of secretary.
It is thought necessary that you should, in the first instance, settle
Mr. Barclay's accounts respecting the Morocco mission, which will
probably render it necessary that you should go to Gibraltar. The
communications you have had with Mr. Barclay in this mission, will
assist you in your endeavors at a settlement. You know the sum
received by Mr. Barclay on that account, and we wish as exact a
statement as can be made of the manner in which it has been laid
out, and what part of its proceeds is now on hand. You will be
pleased to make an inventory of these proceeds now existing. If
they or any part of them can be used for the Algerine mission, we
would have you by all means apply them to that use, debiting the
Algerine fund and crediting that of Morocco with the amount of such
application. If they cannot be so used, then dispose of the
perishable articles to the best advantage, and if you can sell those
not perishable for what they cost, do so, and what you cannot so
sell, deposit in any safe place under your own power. In this last
stage of the business, return us an exact account, 1. Of the specific
articles remaining on hand for that mission, and their value. 2. Of its
cash on hand. 3. Of any money which may be due to or from Mr.
Barclay or any other person on account of this mission; and take
measures for replacing the clear balance of cash in the hands of
Messrs. W. and J. Willincks, and Nicholas and Jacob Van Staphorsts
and Hubbard.
This matter being settled, you will be pleased to proceed on the
mission to Algiers. This you will do by the way of Madrid, if you think
any information you can get from Mr. Carmichael or any other, may
be an equivalent for the trouble, expense and delay of the journey.
If not, proceed in whatever other way you please to Algiers.
Proper powers and credentials for you, addressed to that
government, are herewith enclosed. The instructions first given to
Admiral Paul Jones are so full that no others need be added, except
a qualification in one single article, to wit: should that government
finally reject peace on the terms in money, to which you are
authorized to go, you may offer to make the first payments for
peace and that for ransom in naval stores, reserving the right to
make the subsequent annual payments in money.
You are to be allowed your travelling expenses, your salary as
minister resident in Portugal going on. Those expenses must be
debited to the Algerine mission, and not carried into your ordinary
account as resident. Mr. Cutting is allowed one hundred dollars a
month, and his expenses, which, as soon as he joins you, will of
course be consolidated with yours. We have made choice of him as
particularly qualified to aid, under your direction, in the matters of
account, with which he is well acquainted. He receives here an
advance of one thousand dollars, by a draft on our bankers in
Holland, in whose hands the fund is deposited. This, and all other
sums furnished him, to be debited to the Algerine fund. I enclose
you a letter to our bankers giving you complete authority over these
funds, which you had better send with your first draft, though I send
a copy of it from hence by another opportunity.
This business being done, you will be pleased to return to Lisbon,
and to keep yourself and us, thereafter, well informed of the
transactions in Morocco; and as soon as you shall find that the
succession to that government is settled and staple, so that we may
know to whom a commissioner may be addressed, be so good as to
give us the information, that we may take measures in consequence.
I have the honor to be, with much respect, Sir, your most obedient,
and most humble servant.

TO SAMUEL SHAW, CONSUL AT CANTON, IN CHINA.

Philadelphia, March 21, 1793.

Sir,—Present appearances in Europe rendering a general war there

probable, I am to desire your particular attention to all the
indications of it, and on the first imminent symptoms of rupture
among the maritime powers, to put our vessels on their guard. In
the same event the patronage of our Consuls will be particularly
requisite to secure to our vessels the right of neutrality, and protect
them against all invasions of it. You will be pleased, also, in the
same case, to give no countenance to the usurpation of our flag by
foreign vessels, but rather, indeed, to aid in detecting it, as without
bringing to us any advantage, the usurpation will tend to commit us
with the belligerent powers, and to subject those vessels which are
truly ours to harassing scrutinies in order to distinguish them from
the counterfeits.
The law requiring the Consuls of the United States to give bond with
two or more good sureties for the faithful performance of their
duties, I enclose you a blank bond for that purpose. According to a
standing regulation which places our Consuls in Europe in relation
with the Minister of the United States in the same country with
them, if there be one, and if none, then with their minister in Paris,
and our Consuls in America in immediate relation with the Secretary
of State, you will be pleased to have your sureties approved by the
person to whom you stand thus referred, and to send the bond
when executed, by a safe conveyance, to the Secretary of State, to
be disposed of according to law; and this with all the expedition the
case will admit, provided this should not have been done before. A
set of the laws of the United States is likewise herewith enclosed,
together with a copy of a former circular letter, intended as a
standing instruction to our Consuls.
I am, with esteem, Sir, your most obedient, and most humble
servant.

TO COLONEL DAVID.

Philadelphia, March 22, 1793.

Dear Sir,—I thank you sincerely for your friendly letter of January 8.
Particular circumstances have forced me to protract awhile my
departure from office, which, however, will take place in the course
of the year. Continue, therefore, if you please, the general address of
your letters, to "The Secretary of State," &c., as recommended. Be
assured that I shall carry into retirement and retain the most
affectionate sentiments towards you. I am, in truth, worn down with
drudgery, and while every circumstance relative to my private affairs
calls imperiously for my return to them, not a single one exists which
could render tolerable a continuation in public life. I do not wonder
that Captain O'Bryan has lost patience under his long-continued
captivity, and that he may suppose some of the public servants have
neglected him and his brethren. He may possibly have imputed
neglect to me, because a forbearance to correspond with him would
have that appearance, though it was dictated by the single
apprehension, that if he received letters from me as Minister
Plenipotentiary of the United States at Paris, or as Secretary of
State, it would increase the expectations of the captors, and raise
the ransom beyond what his countrymen would be disposed to give,
and so end in their perpetual captivity. But, in truth, I have labored
for them constantly and zealously in every situation in which I have
been placed. In the first moment of their captivity, I first proposed to
Mr. Adams to take upon ourselves their ransom, though
unauthorized by Congress. I proposed to Congress and obtained
their permission to employ the Order of Mercy in France for their
ransom, but never could obtain orders for the money till just as I
was leaving France, and was obliged to turn the matter over to Mr.
Short. As soon as I came here I laid the matter before the President
and Congress in two long reports, but Congress could not decide till
the beginning of 1792, and then clogged their ransom by a previous
requisition of peace. The unfortunate death of two successive
commissioners have still retarded their relief, and even should they
be now relieved, will probably deprive me of the gratification of
seeing my endeavors for them crowned at length with success by
their arrival when I am here. It would, indeed, be grating to me if,
after all, I should be supposed by them to have been indifferent to
their situation. I will ask of your friendship to do me justice in their
eyes, that to the pain I have already felt for them, may not be added
that of their dissatisfaction. I explained my proceedings on their
behalf to a Dr. Warner, whom I saw at Paris, on his way to Algiers,
and particularly the reason why I did not answer O'Bryan's letter. I
desired him to communicate it to Captain O'Bryan. But I did not
know whether he did it. I think it more probable that Mr. Carmichael
will impute to me also an event which must take place this year. In
truth, it is so extraordinary a circumstance, that a public agent
placed in a foreign court for the purpose of correspondence, should,
in three years, have found means to get but one letter to us, that he
must himself be sensible that if he could have sent us letters, he
ought to be recalled as negligent, and if he could not, he ought to
be recalled as useless. I have, nevertheless, procured his
continuance, in order to give him an opportunity which occurred of
his rendering a sensible service to his country, and thereby drawing
some degree of favor on his return.
Wishing you every circumstance of success and happiness, I am,
with great esteem, dear Sir, your sincere friend and servant.

TO COLONEL HUMPHREYS.

Philadelphia, March 22, 1793.

Dear Sir,—I have to acknowledge the receipt of your letters from No.
60 to 67, inclusive. You cannot be too vigilant against any such
treaty as that mentioned in No. 60, which, by giving the exclusive
supply of wheat to Naples, would altogether debar the United States
from it. This would bear so hard on us, that not only an exclusion of
their wines from the United States ought to be expected on their
part, but every other measure which might open to us a market in
any other part of the world, however Portugal might be affected by
it. And I must forever repeat it, that, instead of excluding our wheat,
we must continue to hope that they will open their ports to our flour,
and that you will continue to use your efforts, on every good
occasion, to obtain this without waiting for a treaty.
As there appears at present a probability of a very general war in
Europe, you will be pleased to be particularly attentive to preserve
for our vessels all the rights of neutrality, and to endeavor that our
flag be not usurped by others to procure to themselves the benefits
of our neutrality. This usurpation tends to commit us with foreign
nations, to subject those vessels truly ours to rigorous scrutinies and
delays, to distinguish them from counterfeits, and to take the
business of transportation out of our hands.
Continue, if you please, your intelligence relative to the affairs of
Spain, from whence we learn nothing but through you; to which it
will be acceptable that you add leading events from other countries,
as we have several times received important facts through you, even
from London, sooner than they have come from London directly.
The letters enclosed for Mr. Carmichael and Mr. Short are of a very
secret nature. If you go by Madrid, you will be the bearer of them
yourself; if not, it would be better to retain them than to send them
by any conveyance which does not command your entire confidence.
I have never yet had a letter from Mr. Carmichael but the one you
brought from Madrid. A particular circumstance will occasion
forbearance yet a little longer.
Captain Cutting will bring you a copy of the laws of the last session
of Congress, and of the gazettes to the time of his departure.
Not yet knowing the actual arrival of Mr. Church at Lisbon, I believe
it will be safer that I direct letters for you, during your absence, to
Messrs. Bulkeley and Son, with whom you will leave what directions
on the subject you shall think proper.
I am, with great and sincere esteem and respect, dear Sir, your most
obedient, and most humble servant.
 TO MESSRS. CARMICHAEL AND SHORT.[23]

Philadelphia, March 23, 1793.

Gentlemen,—It is intimated to us in such a way as to attract our

attention, that France means to send a strong force early this spring
to offer independence to the Spanish American colonies, beginning
with those on the Mississippi; and that she will not object to the
receiving those on the east side into our confederation. Interesting
considerations require, that we should keep ourselves free to act in
this case according to circumstances, and consequently, that you
should not, by any clause of treaty, bind us to guarantee any of the
Spanish colonies against their own independence, nor indeed against
any other nation. For when we thought we might guarantee
Louisiana, on their ceding the Floridas to us, we apprehended it
would be seized by Great Britain, who would thus completely
encircle us with her colonies and fleets. This danger is now removed
by the concert between Great Britain and Spain; and the times will
soon enough give independence, and consequently free commerce
to our neighbors, without our risking the involving ourselves in a war
for them.
I am, with great respect and esteem, your most obedient humble
servant.
[24]The above meets the approbation of
George Washington.
 FOOTNOTES

[23] [This letter was in cypher, but a literal copy of it preserved.]

[24] [This is in the handwriting of General Washington.]

TO MR. DUMAS.

Philadelphia, March 24, 1793.

Dear Sir,—I have to acknowledge the receipt of your favors of

September 20, March 13, and Jan. 9. I shall hope your continuance
to send us the Leyden Gazette as usual, but all the other gazettes
which you have hitherto usually sent, may be discontinued. The
scene in Europe is becoming very interesting. Amidst the confusion
of a general war which seems to be threatening that quarter of the
globe, we hope to be permitted to preserve the line of neutrality. We
wish not to meddle with the internal affairs of any country, nor with
the general affairs of Europe. Peace with all nations, and the right
which that gives us with respect to all nations, are our object. It will
be necessary for all our public agents to exert themselves with
vigilance for securing to our vessels all the rights of neutrality, and
from preventing the vessels of other nations from usurping our flag.
This usurpation tends to commit us with the belligerent power, to
draw on those vessels truly ours, vigorous visitations to distinguish
them from the counterfeits, and to take business from us. I
recommend these objects to you. I have done the same to Mr.
Greenleaf, lately appointed our Consul at Amsterdam. Be so good as
to remember to send your account immediately after the 30th of
June. I forward for you to Mr. Pinckney a copy of the laws of the late
session of Congress; and am, with sincere esteem, dear Sir, your
most obedient humble servant.

TO COLONEL HAMILTON.

Philadelphia, March 27, 1793.

Sir,—In compliance with the desire you expressed, I shall endeavor

to give you the view I had of the destination of the loan of three
millions of florins, obtained by our bankers in Amsterdam, previous
to the acts of the 4th and 12th of August, 1790, when it was
proposed to adopt it under those acts. I am encouraged to do this
by the degree of certainty with which I can do it, happening to
possess an official paper wherein I had committed to writing some
thoughts on the subject, at the time, that is to say, on the 26th of
August, 1790. The general plan presented to view, according to my
comprehension of it, in your report and draught of instructions, was,
1, to borrow, on proper terms, such a sum of money as might
answer all demands for principal and interest of the foreign debt due
to the end of 1791; 2, to consider two of the three millions of florins
already borrowed as if borrowed under the act of August 4, and so
far an execution of the operation before mentioned; 3, to consider
the third million of florins so borrowed as if borrowed under the act
of the 12th of August, and so far an execution of the powers given
to the President to borrow two millions of dollars for the purchase of
the public debt. I remember that the million of dollars surplus of the
domestic revenues, appropriated to the purchase of the public debt,
appeared to me sufficient for that purpose here, for probably a
considerable time. I thought, therefore, if any part of the three
millions of florins were to be placed under the act of the 12th of
August, that it should rather be employed in purchasing our foreign
paper at the market of Amsterdam. I had myself observed the
different degrees of estimation in which the paper of different
countries was held at that market, and wishing that our credit there
might always be of the first order, I thought a moderate sum kept in
readiness there to buy up any of our foreign paper, whenever it
should be offered below par, would keep it constantly to that mark,
and thereby establish for us a sound credit, where, of all places in
the world, it would be most important to have it.
The subject, however, not being with my department, and therefore
having no occasion afterwards to pay attention to it, it went out of
my mind altogether, till the late inquiries brought it forward again.
On reading the President's instructions of August 28, 1790 (two days
later than the paper before mentioned), as printed in your report of
February 13, 1793, in the form in which they were ultimately given
to you, I observed that he had therein neither confirmed your
sentiment of employing a part of the money here, nor mine of doing
it there, in purchases of the public debt: but had directed the
application of the whole to the foreign debt; and I inferred that he
had done this on full and just deliberation, well knowing he would
have time enough to weigh the merits of the two opinions, before
the million of dollars would be examined here, or the loans for the
foreign debt would overrun their legal measure there. In this
inference, however, I might be mistaken; but I cannot be in the fact
that these instructions gave a sanction to neither opinion.
I have thus, Sir, stated to you the view I had of this subject in 1790,
and I have done it because you desired it. I did not take it up then
as a volunteer, nor should now have taken the trouble of recurring to
it, but at your request, as it is one in which I am not particularly
concerned, which I never had either the time or inclination to
investigate, and on which my opinion is of no importance.
I have the honor to be, with respect, Sir, your most obedient humble
servant.
 TO J. MADISON.

Philadelphia, April 7, 1793.

We may now, I believe, give full credit to the accounts that war is
declared between France and England. The latter having ordered
Chauvelen to retire within eight days, the former seemed to consider
it as too unquestionable an evidence of an intention to go to war, to
let the advantage slip of her own readiness and the unreadiness of
England. Hence, I presume, the first declaration from France. A
British packet is arrived; but as yet we have nothing more than that
she confirms the accounts of war being declared. Genett not yet
arrived. An impeachment is ordered here against Nicholson, their
Comptroller General, by a vote almost unanimous of the House of
Representatives. There is little doubt, I am told, that much mala
fides will appear; but E. R. thinks he has barricaded himself within
the fences of the law.
*****
Yours affectionately.

TO MR. HAMMOND.

Philadelphia, April 18, 1793.

Sir,—I have now the honor to enclose you the answer of the
Attorney General to my letter covering yours of March the 12th, on
the case of Hooper and Pagan, wherein he has stated the
proceedings of Pagan for obtaining a writ of error from the Supreme
Court of the United States, for revisal of the judgment of the inferior
court pronounced against him; and also, his opinion on the merits of
the question, had the writ of error been procured, and the merits
thereby been brought into question. From this statement you will be
able to judge whether Pagan has, bona fide, complied with the rule
which requires that a foreigner, before he applies for extraordinary
interposition, should use his best endeavors to obtain the justice he
claims from the ordinary tribunals of the country. You will perceive
also, that had the writ been pressed for and obtained, and the
substantial justice of Pagan's claim thereby brought into discussion,
substantial justice would have been against him, according to the
opinion of the Attorney General, according to the uniform decisions
of the courts of the United States, even in the cases of their own
citizens, and according to the decision of this very case in the British
provincial court, where the evidence was taken and the trial first
had. This does not appear then to be one of those cases of gross
and palpable wrong, ascribable only to wickedness of the heart, and
not to error of the head, in the judges who have decided on it, and
founding a claim of national satisfaction. At least, that it is so,
remains yet to be demonstrated.
The readiness with which the government of the United States has
entered into inquiries concerning the case of Mr. Pagan, even before
that case was ripe for their interposition, according to ordinary rules,
will, I hope, satisfy you that they would, with equal readiness, have
done for the redress of his case whatever the laws and Constitution
would have permitted them to do, had it appeared in the result that
their courts had been guilty of partiality or other gross wrong against
Mr. Pagan. On the contrary, it is hoped, that the marked attentions
which have been shown to him by the government of
Massachusetts, as well as by that of the United States, have evinced
the most scrupulous dispositions to patronize and effectuate his
right, had right been on his side. I have the honor to be, with due
respect, Sir, your most humble servant.

[The letter of the Attorney General, referred to in the preceding.]

 TO THE SECRETARY OF STATE.

Philadelphia, April 12, 1793.

Sir,—You will perceive from the two letters marked A. and B. of

which I enclose copies, that the subject of Mr. Pagan has been for
some time in my view. The former of those letters being intended for
you, and containing a summary of facts, I determined to show it to
Mr. Tilghman, who was Pagan's counsel, before it was sent to you, in
order that he might correct any misstatement. This produced the
latter letter from him to me; and I have thought it more advisable to
forward both of them to you, even in the unfinished state of my
own, than to reduce the case into a form which might be supposed
to be less accurate.
As I do not discover an essential difference between Mr. Tilghman
and myself, I shall not discuss any seeming variance, but proceed
upon his ideas.
It is too obvious to require a diffusive exposition, that the application
for a writ of error was not only prudent, but a duty in Pagan. To this
Mr. Tilghman explicitly assents, when he says that he was perfectly
"satisfied of the prudence of applying for the writ of error, as Pagan
could not complain of a defect of justice, until he had tried the writ
of error and found that mode ineffectual." This remark becomes the
more important, as it manifests that the process was not suggested
as an expedient for shifting any burthen from the government.
Indeed I may with truth add, that the proceedings, taken
collectively, appeared to me to present a sufficient intimation of the
main question, to serve as a ground of decision.
However, take the case under either aspect; as excluding the
consideration of the main question by an omission in the pleadings
and record; or as exhibiting it fully to the cognizance of the court.
It never was pretended that a writ of error ought to have been
granted, unless the matter was apparent on the record. Whose office
was it to make it thus apparent? Of the attorney who managed the
pleadings. If, therefore, he has failed to do so, we may presume that
he considered the ground untenable, or was guilty of inattention.
Either presumption would be fatal to a citizen of the United States;
and the condition of a foreigner cannot create a new measure in the
administration of justice. It is moreover certain, that those who have
been consulted on Pagan's behalf, as well as others, have seriously
doubted whether a cause, which has been pursued to the extent
which his had reached before the commencement of our new
government, was susceptible of federal relief.
The last observation opens the inquiry, what remedy ought the
Supreme Court of the United States to have administered, even if
the question had been fairly before them? My opinion is, that the
very merits are against Mr. Pagan. In America, the construction of
the armistice has been almost universally to compute the places,
within which different times were to prevail, by latitude only. Am I
misinformed, that such an interpretation has been pressed by our
ministers, and not denied by those of London? A second mode has
been adopted, by describing a circle, and thereby comprehending
longitude as well as latitude; now let either rule be adopted, and the
position of the capture in this case will be adverse to Pagan's
pretensions.
But what can be exacted from our government, after repeated trials,
before various jurisdictions, none of which can be charged with any
symptom of impropriety, and upon a subject, which, to say no more,
is at least equipoised? Nothing; and I appeal to the British reasoning
on the Silesia loan, as supporting this sentiment, in the following
passage: "The law of nations, founded upon justice, equity,
convenience and the reason of the thing, and confirmed by long
usage, does not allow of reprisals, except in case of violent injuries
directed and supported by the State, and justice absolutely denied,
in re minime dubia, by all the tribunals, and afterwards by the
prince." Where the judges are left free, and give sentence according
to their consciences, "though it should be erroneous, that would be
no ground for reprisals. Upon doubtful questions, different men think
and judge differently; and all a friend can desire is, that justice
should be as impartially administered to him, as it is to the subjects
of that prince, in whose courts the matter is tried." Under such
circumstances, a citizen must acquiesce. So therefore must Pagan;
against whom even the court of Nova Scotia, within the dominions of
his sovereign, has once decided.
There are many smaller points, arising from the controversy, which
might be relied on. But I pass them over, from a hope that the
observations already made will induce you to think with me, that
government is not bound to interpose farther in the behalf of Pagan.
I have the honor, Sir, to be, with respect and esteem, your most
obedient servant,
Edmond Randolph.

TO MR. PINCKNEY.

Philadelphia, April 20, 1793.

Dear Sir,—In a postscript to my letter of the 12th, I acknowledged

the receipt of yours of January the 3d; since which, those of January
the 30th and February the 5th have been received by the William
Penn.
With respect to our negotiation with Mr. Hammond, it is exactly in
the state in which it was when you left America, not one single word
having been received in reply to my general answer, of which you
had a copy. He says, he waits for instructions, which he pretends to
expect from packet to packet. But sometimes the ministers are all in
the country, sometimes they are absorbed in negotiations nearer
home, sometimes it is the hurry of impending war, or attention to
other objects, the stock of which is inexhaustible, and can therefore
never fail those who desire nothing but that things shall rest as they
are. Perhaps, however, the present times may hasten justice.
We shall be glad to receive the assayer you hope to procure, as soon
as possible, for we cannot get one in this country equal to the
business in all its parts. With respect to Mr. Drost, we retain the
same desire to engage him, but we are forced to require an
immediate decision, as the officer employed in the interim, and who
does tolerably well, will not continue much longer under an
uncertainty of permanent employment. I must therefore desire you
to press Mr. Morris to bring Drost to an immediate determination;
and we place the matter on this ground with him, that if he is not
embarked by the first day of July next, we shall give a permanent
commission to the present officer, and be free to receive no other.
We are likely to be in very great distress for copper for the mint, and
must therefore press your expediting what we desired you to order
from Sweden.
You may, on every occasion, give assurances which cannot go
beyond the real desires of this country, to preserve a fair neutrality
in the present war, on condition that the rights of neutral nations are
respected in us, as they have been settled in modern times, either
by the express declarations of the powers of Europe, or their
adoption of them on particular occasions. From our treaties with
France and Holland, and that of England and France, a very clear
and simple line of conduct can be marked out for us, and I think we
are not unreasonable in expecting that England shall recognize
towards us the same principles which she has stipulated to recognize
towards France, in a state of neutrality.
I have the honor to be, with great and sincere esteem, dear Sir, your
most obedient, and most humble servant.
 TO MR. VAN BERCKEL.

Philadelphia, April 23d, 1793.

Sir,—As far as the public gazettes are to be credited, we may

presume that war has taken place among several of the nations of
Europe, in which France, England, Holland and Russia, are
particularly engaged. Disposed, as the United States are, to pursue
steadily the ways of peace, and to remain in friendship with all
nations, the President has thought it expedient, by Proclamation, of
which I enclose you a copy, to notify this disposition to our citizens,
in order to intimate to them the line of conduct for which they are to
prepare; and this he has done without waiting for a formal
notification from the belligerent Powers. He hopes that those Powers
and your nation in particular, will consider this early precaution as a
proof, the more candid, as it has been unasked, for the sincere and
impartial intentions of our country, and that what is meant merely as
a general intimation to our citizens, shall not be construed to their
prejudice in any Courts of Admiralty, as if it were conclusive evidence
of their knowledge of the existence of war, and of the Powers
engaged in it. Of this we could not give them conclusive information,
because we have it not ourselves; and till it is given us in form, and
so communicated to them, we must consider all their acts as lawful,
which would have been lawful in a state of peace. I have the honor
to be, with great respect, Sir, your most obedient, and most humble
servant.

CIRCULAR TO MESSRS. MORRIS, PINCKNEY AND SHORT.

Philadelphia, April 26, 1793.

Sir,—The public papers giving us reason to believe that the war is

becoming nearly general in Europe, and that it has already involved
nations with which we are in daily habits of commerce and
friendship, the President has thought it proper to issue the
proclamation of which I enclose you a copy, in order to mark out to
our citizens the line of conduct they are to pursue. That this
intimation, however, might not work to their prejudice, by being
produced against them as conclusive evidence of their knowledge of
the existence of war and of the nations engaged in it, in any case
where they might be drawn into courts of justice for acts done
without that knowledge, it has been thought necessary to write to
the representatives of the belligerent powers here, the letter of
which a copy is also enclosed, reserving to our citizens those
immunities to which they are entitled, till authentic information shall
be given to our government by the parties at war, and be thus
communicated, with due certainty, to our citizens. You will be
pleased to present to the government where you reside, this
proceeding of the President, as a proof of the earnest desire of the
United States to preserve peace and friendship with all the
belligerent powers, and to express his expectation that they will in
return extend a scrupulous and effectual protection to all our
citizens, wheresoever they may need it, in pursuing their lawful and
peaceable concerns with their subjects, or within their jurisdiction.
You will, at the same time, assure them that the most exact
reciprocation of this benefit shall be practised by us towards their
subjects, in the like cases.
I have the honor to be, with great esteem and respect, Sir, your
most obedient, and most humble servant.

TO M. DE TERNANT.

Philadelphia, April 27, 1793.

Sir,—Your letter of the 13th instant, asking moneys to answer the

expenses and salaries of the consular offices of France, has been
duly laid before the President, and his directions thereon taken.
I have in consequence to observe to you, that before the new
government of France had time to attend to things on this side the
Atlantic, and to provide a deposit of money for their purposes here,
there appeared a degree of necessity that we, as the friends and
debtors of that nation, should keep their affairs from suffering, by
furnishing money for urgent purposes. This obliged us to take on
ourselves to judge of the purpose, because, on the soundness of
that, we were to depend for our justification. Hence we furnished
moneys for their colonies and their agents here, without express
authority, judging from the importance and necessity of the case,
that they would approve of our interference.
But this kind of necessity is now at an end; the government has
established a deposit of money in the hands of their minister here,
and we have nothing now to do but to furnish the money, which we
are in the course of doing, without looking into the purposes to
which it is to be applied. Their minister is to be the judge of these,
and to pay it to whom and for what he pleases.
If it be urged that they have appropriated all the money we are
furnishing to other objects, that you are not authorized to divert any
of it to any other purpose, and therefore that you need a further
sum, it may be answered that it will not lessen the stretch of
authority to add an unauthorized payment by us to an unauthorized
application by you, and that it seems fitter that their minister should
exercise a discretion over their appropriations, standing, as he does,
in a place of confidence, authority, and responsibility, than we who
are strangers, and unamenable to them. It is a respect we owe to
their authority to leave to those acting under that, the transactions
of their affairs, without an intermeddling on our part which might
justly appear officious.
In this point of light, I hope you will view our conduct, and that the
consular officers will be sensible that in referring them to your care,
under which the national authority has placed them, we do but
conform ourselves to that authority. I have the honor to be, with
sentiments of great respect and esteem, Sir, your most obedient,
and most humble servant.

TO THE SECRETARY OF THE TREASURY.

Philadelphia, May 1, 1793.

Sir,—When you mentioned to me yesterday that M. de Ternant

proposed to apply for a sum of money, and founded himself on a
letter of mine which gave him reason to expect it, I thought I could
not have written such a letter, because I did not recollect it, and
because it was out of the plan which you know had been adopted,
that when we furnished one sum of money we should avoid
promising another. I have now most carefully examined all my letters
to M. de Ternant, as far back as March 7, 1792, the date of the first
on the subject of furnishing money, and can assure you there is not
a word in one of them which can be construed into a promise,
expressed or implied, relative to the present subject, or which can
have committed the government in the smallest degree to a
departure from the rules it has laid down. I am equally confident
that I have never said a word which could do it. Upon the ground,
therefore, of any such commitment by me, the proposition will not
be supported. With respect to these applications in general, they
were of course to pass through me; but I have considered them as
depending too much on the arrangements of your department to
permit myself to take and be tenacious of any particular ground
other than that, whatever rule we adopt, it be plain and persevered
in uniformly in all cases where the material circumstances are the
same, so that we never refuse to one what has been done for
another. It is and ever has been my opinion and wish that we should
gratify the diplomatic gentlemen in every way in which we can do it
without too great inconvenience or commitment of our own
government. I think it our interest to do so; and am under this
impression in the present case so much, that I should readily concur,
if it be the pleasure of the President, in reconsidering the rule
adopted on a late occasion, and substituting any other consistent
with our public duties, more adapted to the gratification of the
diplomatic gentlemen, and uniformly to be applied where the
material circumstances shall be the same; for it would reverse our
aim were we to put ourselves in the case of disobliging one by
refusing what we have done to gratify another. In these sentiments,
I will hand to the President any application which M. de Ternant shall
think proper to communicate to me in writing. I have the honor to
be, with great respect, Sir, your most obedient humble servant.

TO M. DE TERNANT.

Philadelphia, May 3, 1793.

Sir,—The Minister Plenipotentiary of his Britannic Majesty has

represented to the government of the United States, that on the
25th of April last, the British ship Grange, while lying at anchor in
the bay of Delaware, within the territory and jurisdiction of the
United States, was taken possession of by the Embuscade, a frigate
of the French Republic, has been brought to this port, where she is
now detained as prize, and the crew as prisoners, and has made a
requisition in form, for a restoration of the vessel and liberation of
the crew. I have the honor to furnish you with copies of the
evidence given in by the British minister, and to observe, that the
United States being at peace with all parties, cannot see with
indifference its territory or jurisdiction violated by either; that the
government will therefore proceed to inquire into the facts, and for
that purpose will receive with pleasure, and consider with
impartiality, any evidence you will be pleased to have them furnished
with on the subject; and the President hopes that you will take
effectual measures for detaining here the vessel taken, her crew and
cargo, to abide the decision which will be made thereon, and which
is desired to be without delay.
I have the honor to be, with great respect, Sir, your most obedient,
and most humble servant.

TO COLONEL MONROE.

Philadelphia, May 5, 1793.

Dear Sir,—The expectation that you are always from home prevents
my writing to you with regularity; a matter of little consequence to
you, as you probably receive Freneau's paper regularly, and
consequently all the news of any importance.
The fiscal party having tricked the House of Representatives out of
the negative vote they obtained, seem determined not to lose the
ground they gained by entering the lists again on matters of fact and
reason; they therefore preserve a triumphant silence,
notwithstanding the attack of the pamphlet entitled "An Examination
Se-and-of-Timon." They show their wisdom in this, if not their
honesty. The war between France and England seems to be
producing an effect not contemplated. All the old spirit of 1776,
rekindling the newspapers from Boston to Charleston, proves this;
and even the monocrat papers are obliged to publish the most
furious philippics against England. A French frigate took a British
prize off the capes of Delaware the other day, and sent her up here.
Upon her coming into sight, thousands and thousands of the
yeomanry of the city crowded and covered the wharves. Never
before was such a crowd seen there; and when the British colors
were seen reversed, and the French flying above them, they burst
into peals of exultation. I wish we may be able to repress the spirit
of the people within the limits of a fair neutrality. In the meantime,
H. is panic-struck, if we refuse our breach to every kick which Great
Britain may choose to give it. He is for proclaiming at once the most
abject principles, such as would invite and merit habitual insults; and
indeed every inch of ground must be fought in our councils to
desperation, in order to hold up the face of even a sneaking
neutrality, for our votes are generally two and a half against one and
a half. Some propositions have come from him which would astonish
Mr. Pitt himself with their boldness. If we preserve even a sneaking
neutrality, we shall be indebted for it to the President, and not to his
counsellors. Immense bankruptcies have taken place in England. The
last advices made them amount to eleven millions sterling, and still
going on. Of the houses connected with America, they have fallen
only on those who had dealt in American paper. The beginning of
the business was from the alarm occasioned by the war, which
induced cautious people to withdraw their money from the country
banks. This induced the Bank of England to stop discounting, which
brought on a general crush, which was still going on. It is said that
two millions of manufacturers would be put out of employ by these
failures. This is probably exaggerated. The stocks are very low here
now, and an immense mass of paper is expected to be returned
immediately from England, so that they will be still lower.
Notwithstanding this, the sinking fund is idle, not having had a
shilling to lay out (except the interest of the part sunk). You will see
in Freneau's next paper, a most advantageous decree of the French
National Assembly in our favor. They have lately sustained some
severe checks. The papers will confuse you on the subject. The truth
is, that in a combination of three operations, Clairfayt killed and
wounded 1,400, took 600. Saxe Cobourg killed and wounded 4,000,
and took 1,600. Brunswick killed and wounded 1,300, and took 700.
This is the sum. Their defects are as sensibly felt at Philadelphia as
at Paris, and I foresee we are to have a trying campaign of it. Great
Britain has as yet not condescended to notice us in any way. No wish
expressed of her neutrality, no answer of any kind to a single
complaint for the daily violations committed on our sailors and ships.
Indeed, we promise beforehand so fast that she has not time to ask
anything. We expect Genet daily. When Ternant received certain
account of his appointment, thinking he had nothing further to hope
from the Jacobins, he that very day found out something to be
offended at in me (in which I had been made ex officio the
ostensible agent in what came from another quarter, and he has
never been undeceived), attached himself intimately to Hamilton,
put on mourning for the King, and became a perfect counter
revolutioner. A few days ago, he received a letter from Genet, giving
him a hope that they will employ him in the army. On this, he tacked
about again, became a Jacobin, and refused to present the Viscount
Noailles, and some French aristocrats arrived here. From what I
learn from Noailles, La Fayette has been more imprudent than I
expected, but certainly innocent.
Present my best affections to Mrs. Monroe, and accept them for
yourself also. Yours sincerely.

TO MR. PINCKNEY.

Philadelphia, May 7, 1793.

Dear Sir,—Since my letter of April the 16th, yours have been

received of March the 12th, 12th, 13th, 13th, and 19th. Before the
receipt of these, one of which covered the form of your passports, it
had been determined here, that passports should be issued in our
own ports only, as well to secure us against those collusions which
would be fraudulent towards our friends, and would introduce a
competition injurious to our own vessels, as to induce these to
remain in our own service, and thereby give to the productions of
our own soil the protection of its own flag in its passage to foreign
markets. As our citizens are free to purchase and use foreign-built
vessels, and these, like all their other lawful property, are entitled to
the protection of their government, passports will be issued to them
as freely as to home-built vessels. This is strictly within our treaties,
the letter of which, as well as their spirit, authorizes passports to all
vessels belonging to citizens of the United States. Our laws, indeed,
indulge home-built vessels with the payment of a lower tonnage,
and to evidence their right to this, permit them alone to take out
registers from our own offices; but they do not exclude foreign-built
vessels owned by our citizens from any other right. As our home
built vessels are adequate to but a small proportion of our
transportation, if we could not suddenly augment the stock of our
shipping, our produce would be subject to war insurance in the
vessels of the belligerent powers, though we remain at peace
ourselves.
In one of your letters of March the 13th, you express your
apprehension that some of the belligerent powers may stop our
vessels going with grain to the ports of their enemies, and ask
instructions which may meet the question in various points of view,
intending, however, in the meantime, to contend for the amplest
freedom of neutral nations. Your intention in this is perfectly proper,
and coincides with the ideas of our own government in the particular
case you put, as in general cases. Such a stoppage to an
unblockaded port would be so unequivocal an infringement of the
neutral rights, that we cannot conceive it will be attempted. With
respect to our conduct as a neutral nation, it is marked out in our
treaties with France and Holland, two of the belligerent powers; and
as the duties of neutrality require an equal conduct to both parties,
we should, on that ground, act on the same principles towards Great
Britain. We presume that this would be satisfactory to her because
of its equality, and because she too has sanctioned the same
principles in her treaty with France. Even our seventeenth article
with France, which might be disagreeable, as from its nature it is
unequal, is adopted exactly by Great Britain in her fortieth article
with the same power, and would have laid her, in a like case, under
the same unequal obligations against us. We wish then, that it could
be arranged with Great Britain, that our treaties with France and
Holland, and that of France and Great Britain (which agree in what
respects neutral nations), should form the line of conduct for us all,
in the present war, in the cases for which they provide. Where they
are silent, the general principles of the law of nations must give the
rule, as the principles of that law have been liberalized in latter times
by the refinement of manners and morals, and evidenced by the
declarations, stipulations, and practice of every civilized nation. In
our treaty with Prussia, indeed, we have gone ahead of other
nations, in doing away restraints on the commerce of peaceful
nations, by declaring that nothing shall be contraband. For in truth,
in the present improved state of the arts, when every country has
such ample means of procuring arms within and without itself, the
regulations of contraband answer no other end than to draw other
nations into the war. However, as other nations have not given
sanction to this improvement, we claim it, at present, with Prussia
alone.
You are desired to persevere till you obtain a regulation to guard our
vessels from having their hands impressed, and to inhibit the British
navy officers from taking them under the pretext of their being
British subjects. There appears but one practical rule, that the vessel
being American, shall be conclusive evidence that the hands are so
to a certain number, proportioned to her tonnage. Not more than
one or two officers shall be permitted to visit a vessel. Mr. Albion
Coxe has just arrived.
I have the honor to be, with great and sincere esteem, dear Sir, your
most obedient, and most humble servant.

TO E. RANDOLPH.

May 8, 1793.

I have been still reflecting on the draft of letter from the Secretary of
the Treasury to the custom house officers, instructing them to be on
the watch as to all infractions or tendencies to infraction of the laws
of neutrality by our citizens, and to communicate the same to him.
When this paper was first communicated to me, though the whole of
it struck me disagreeably, I did not in the first moment see clearly
the improprieties but of the last clause. The more I have reflected,
the more objectionable the whole appears. By this proposal the
collectors of the customs are to be made an established corps of
spies or informers against their fellow citizens, whose actions they
are to watch in secret, inform against in secret to the Secretary of
the Treasury, who is to communicate it to the President. If the action
and evidence appear to justify a prosecution, a prosecution is to be
set on foot on the secret information of a collector. If it will not
justify it, then the only consequence is that the mind of government
has been poisoned against a citizen, neither known nor suspecting it,
and perhaps too distant to bring forward his justification. This will at
least furnish the collector with a convenient weapon to keep down a
rival, draw a cloud over an inconvenient censor, or satisfy mere
malice and private enmity. The object of this new institution is to be
to prevent infractions of the laws of neutrality, and preserve our
peace with foreign nations. Acts involving war, or proceedings which
respect foreign nations, seem to belong either to the department of
war, or to that which is charged with the affairs of foreign nations;
but I cannot possibly conceive how the superintendence of the laws
of neutrality, or the preservation of our peace with foreign nations,
can be ascribed to the department of the treasury, which I suppose
to comprehend merely matters of revenue. It would be to add a new
and a large field to a department already amply provided with
business, patronage, and influence. It was urged as a reason that
the collectors of the customs are in convenient positions for this
espionage. They are in convenient positions too for building ships of
war; but will that business be transplanted from its department,
merely because it can be conveniently done in another? It seemed
the desire that if this means was disapproved, some other equivalent
might be adopted. Though we consider the acts of a foreigner
making a captive within our limits, as an act of public hostility, and
therefore to be turned over to the military, rather than the civil
power; yet the acts of our own citizens infringing the laws of
neutrality or contemplating that, are offences against the ordinary
laws and cognisable by them. Grand juries are the constitutional
inquisitors and informers of the country, they are scattered
everywhere, see everything, see it while they suppose themselves
mere private persons, and not with the prejudiced eye of a
permanent and systematic spy. Their information is on oath, is
public, it is in the vicinage of the party charged, and can be at once
refuted. These officers taken only occasionally from among the
people, are familiar to them, the office respected, and the
experience of centuries has shown that it is safely entrusted with our
character, property and liberty. A grand juror cannot carry on
systematic persecution against a neighbor whom he hates, because
he is not permanent in the office. The judges generally, by a charge,
instruct the grand jurors in the infractions of law which are to be
noticed by them; and our judges are in the habit of printing their
charges in the newspapers. The judges, having notice of the
proclamation, will perceive that the occurrence of a foreign war has
brought into activity the laws of neutrality, as a part of the law of the
land. This new branch of the law they will know needs explanation
to the grand juries more than any other. They will study and define
the subjects to them and to the public. The public mind will by this
be warned against the acts which may endanger our peace, foreign
nations will see a much more respectable evidence of our bona fide
intentions to preserve neutrality, and society will be relieved from the
inquietude which must forever be excited by the knowledge of the
existence of such a poison in it as secret accusation. It will be easy
to suggest this matter to the attention of the judges, and that alone
puts the whole machine into motion. The one is a familiar, impartial
and precious instrument, the other, not popular in its present
functions, will be odious in the new ones, and the odium will reach
the Executive, who will be considered as having planted a germ of
private inquisition absolutely unknown to our laws. I am not quite
certain what was considered as agreed upon yesterday; it cannot be
too late, however, to suggest the substitution of the judges and
grand jurors in place of the collectors of the customs.
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