der in which the questions sketch
it. See the chain of his reasoning in my opinion of April the 28th. Knox
subscribed at once to Hamilton's opinion that we ought to declare the
treaty void, acknowledging, at the same time, like a fool as he is,
that he knew nothing about it. I was clear it remained valid. Randolph
declared himself of the same opinion, but on Hamilton's undertaking to
present to him the authority in Vattel (which we had not present), and
to prove to him, that if the authority was admitted, the treaty might be
declared void, Randolph agreed to take further time to consider. It was
adjourned. We determined unanimously the last question, that Congress
should not be called. There having been an intimation by Randolph, that
in so great a question he should choose to give a written opinion, and
this being approved by the President, I gave in mine April the 28th.
Hamilton gave in his. I believe Knox's was never thought worth offering
or asking for. Randolph gave his May the 6th, concurring with mine.
The President told me, the same day, he had never had a doubt about the
validity of the treaty; but that since a question had been suggested,
he thought it ought to be considered: that this being done, I might
now issue passports to sea-vessels in the form prescribed by the French
treaty. I had for a week past only issued the Dutch form; to have issued
the French, would have been presupposing the treaty to be in existence.
The President suggested, that he thought it would be as well
that nothing should be said of such a question having been under
consideration. Written May the 6th.
May the 6th, 1793. When the question was, whether the proclamation of
April the 22nd should be issued, Randolph observed, that there should
be a letter written by me to the ministers of the belligerent powers, to
declare that it should not be taken as conclusive evidence against our
citizens in foreign courts of admiralty, for contraband goods. Knox
suddenly adopted the opinion before Hamilton delivered his. Hamilton
opposed it pretty strongly. I thought it an indifferent thing, but
rather approved Randolph's opinion. The President was against it; but
observed that, as there were three for it, it should go. This was
the first instance I had seen of an opportunity to decide by a mere
majority, including his own vote.
May the 12th. Lear called on me to-day. Speaking of the lowness of
stocks (sixteen shillings), I observed it was a p
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