gress, to give such instructions as he had
done to state governors; that he was a misled man, and wholly under the
influence of the enemies of France and human liberty; and then again
expressed his determination to appeal to the people.
Genet refused to give Mifflin any distinct pledges, and early in the
morning the governor ordered out one hundred and twenty of the militia
to take possession of the privateer. Mr. Jefferson, who perceived the
rashness of Genet's course, now took the matter in hand, and at a
personal interview tried to persuade him to detain the privateer until
the president's return to the seat of government. The secretary of state
was not more successful than the secretary of Governor Mifflin. Genet
stormed like a madman. Jefferson was unable, most of the time, to thrust
in a word, and he sat in silence while the angry minister poured out the
vials of his wrath upon the United States government. He declared that
any attempt to seize the vessel would be resisted by the crew; that he
had been thwarted in all his plans by the government; and that he was
half a mind to leave the country in disgust, as he could not be useful
to his nation here. He censured the president severely, and declared
that on Washington's return he should press him to convene the Congress
immediately.
Jefferson stopped him at the subject of calling a Congress, and
explained to him the threefold character of the government; assuring him
that all questions which had arisen between himself and the executive
belonged only to that department, and that, were Congress in session,
the matters would not be carried to them, nor would they take any notice
of them. Genet was surprised, and inquired if the Congress were not the
sovereign? Jefferson replied that they were sovereign only in making
laws; that the executive was the sovereign in executing them, and the
judiciary in construing them. "But at least," said Genet, "Congress are
bound to see that the treaties are observed." "There are very few
cases," replied Jefferson, "arising out of treaties, which Congress can
take notice of. The president is to see that treaties are observed." "To
whom then is the nation to appeal, if the president decides against a
treaty?" quickly inquired Genet. "The constitution has made the
president the last appeal," replied Jefferson. Genet was confounded by
his own ignorance, shrugged his shoulders, and, making a bow, remarked
that he would not compliment M
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