ring the war which separated America
from Britain, the celebrated compact termed the _armed neutrality_ was
formed in the north of Europe, and announced to the belligerent
powers. A willingness to acquiesce in the principles it asserted, one
of which was that free bottoms should make free goods, was expressed
by the governments engaged in the war, with the single exception of
Great Britain. But, however favourably the United States, as a
belligerent, might view a principle which would promote the interests
of inferior maritime powers, they were not willing, after the
termination of hostilities, to enter into engagements for its support
which might endanger their future peace; and, in this spirit,
instructions were given to their ministers in Europe.
This principle was ingrafted into the treaty of commerce with France;
but no stipulation on the subject had been made with England. It
followed, that, with France, the character of the bottom was imparted
to the cargo; but with Britain, the law of nations was the rule by
which the respective rights of the belligerent and neutral were to be
decided.
Construing this rule to give security to the goods of a friend in the
bottoms of an enemy, and to subject the goods of an enemy to capture
in the bottoms of a friend, the British cruisers took French property
out of American vessels, and their courts condemned it as lawful
prize.
Mr. Genet had remonstrated against the acquiescence of the American
executive in this exposition of the law of nations, in such terms as
he was accustomed to employ; and on the 9th of July, in the moment of
the contest respecting the Little Democrat, he had written a letter
demanding an immediate and positive answer to the question, what
measures the President had taken, or would take, to cause the American
flag to be respected? He observed, that "as the English would continue
to carry off, with impunity, French citizens, and French property
found on board of American vessels, without embarrassing themselves
with the philosophical principles proclaimed by the President of the
United States," and as the embarrassing engagements of France deprived
her of the privileges of making reprisals at every point, it was
necessary for the interests of both nations, quickly to agree on
taking other measures.
Not receiving an immediate answer, Mr. Genet, towards the close of
July, again addressed the secretary of state on the subject. In this
extraordinary le
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