only a settled hostility to France
and to liberty, a tame subserviency to British policy, and a desire,
by provoking France, to engage America in the war, for the purpose of
extirpating republican principles.[7]

[Footnote 7: See note No. III. at the end of the volume.]

The administration received strong additional evidence of the
difficulty that would attend an adherence to the system which had been
commenced, in the acquittal of Gideon Henfield.

A prosecution had been instituted against this person who had enlisted
in Charleston on board a French privateer equipped in that port, which
had brought her prizes into the port of Philadelphia. This prosecution
had been directed under the advice of the attorney general, who was of
opinion, that persons of this description were punishable for having
violated subsisting treaties, which, by the constitution, are the
supreme law of the land; and that they were also indictable at common
law, for disturbing the peace of the United States.

It could not be expected that the democratic party would be
inattentive to an act so susceptible of misrepresentation. Their
papers sounded the alarm; and it was universally asked, "what law had
been offended, and under what statute was the indictment supported?
Were the American people already prepared to give to a proclamation
the force of a legislative act, and to subject themselves to the will
of the executive? But if they were already sunk to such a state of
degradation, were they to be punished for violating a proclamation
which had not been published when the offence was committed, if indeed
it could be termed an offence to engage with France, combating for
liberty against the combined despots of Europe?"

As the trial approached, a great degree of sensibility was displayed;
and the verdict in favour of Henfield was celebrated with extravagant
marks of joy and exultation. It bereaved the executive of the strength
to be derived from an opinion, that punishment might be legally
inflicted on those who should openly violate the rules prescribed for
the preservation of neutrality; and exposed that department to the
obloquy of having attempted a measure which the laws would not
justify.

About this time, a question growing out of the war between France and
Britain, the decision of which would materially affect the situation
of the United States, was presented to the consideration of the
executive.

It will be recollected that du