g of the
proclamation at the time, though a few months later he referred to it in
his private correspondence as a piece of "pusillanimity," because it
omitted any expression of the affection of America for France. The
proclamation was issued on April 22, two weeks after the arrival of Genet
at Charleston. The procedure that had been adopted at Jefferson's instance
avoided none of the difficulties that a declaration of neutrality would
have encountered but rather increased them by putting the Government in a
false position. The mere omission of the term did not prevent it from
being known as a neutrality proclamation. It was at once so designated and
has always been so considered. Jefferson himself, in advising the American
foreign representatives of the policy of the Government, said that it
would be "a fair neutrality"; and, in writing to Madison a few days after
the proclamation had been issued, he remarked, "I fear a fair neutrality
will prove a disagreeable pill to our friends, though necessary to keep us
out of the calamities of war."

By its terms, however, the proclamation was simply an admonition to
American citizens to keep out of the war, with notice that, if they got
into trouble by engaging in contraband trade, they would not receive the
protection of the United States, and would be liable to prosecution for
the commission of acts of a nature to "violate the law of nations." It is
manifest that the question whether or not the French treaty was still in
operation was of great practical importance. If it was still in force, the
treaty formed part of the law of the land, and American citizens might
plead immunity for acts done in pursuance of its provisions. Hamilton was
for suspending the treaty since a situation had arisen which made its
provisions inconsistent with a policy of neutrality. His main contention
was that the obligations imposed by the treaty of '78 were no longer
binding on the United States, since they contemplated only defensive war.
By her declaration of war France had taken the offensive, thereby
relieving the United States of her reciprocal obligations. Jefferson held
that the treaty was still operative, for even if its provisions apparently
required the United States to engage in the war, it did not follow that
such action would be an actual consequence. The possibility was "not yet
certain enough to authorize us in sound morality to declare, at this
moment, the treaties null."

Meanwhile