The Life of George Washington, Vol. 5: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States — John Shaqi
The Life of George Washington, Vol. 5: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 5: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
On many of the points suggested by the conduct of Mr. Genet, and by
the memorials of the British minister, it would seem impossible that
any difference of opinion could exist among intelligent men, not under
the dominion of a blind infatuation. Accordingly it was agreed in the
cabinet, without a dissenting voice, that the jurisdiction of every
independent nation, within the limits of its own territory, being of a
nature to exclude the exercise of any authority therein by a foreign
power, the proceedings complained of, not being warranted by any
treaty, were usurpations of national sovereignty, and violations of
neutral rights, a repetition of which it was the duty of the
government to prevent.
It was also agreed that the efficacy of the laws should be tried
against those citizens of the United States who had joined in
perpetrating the offence.
[Sidenote: Opinions of the Cabinet in relation thereto.]
The question of restitution, except as to the Grange, was more
dubious. The secretary of state and the attorney general contended
that, if the commissions granted by Mr. Genet were invalid, the
captures were totally void, and the courts would adjudge the property
to remain in the former owners. In this point of view, therefore,
there being a regular remedy at law, it would be irregular for the
government to interpose.
If, on the contrary, the commissions were good, then, the captures
having been made on the high seas, under a valid commission from a
power at war with Great Britain, the original right of the British
owner was, by the laws of war, transferred to the captor.
The legal right being in the captor, it could only be taken from him
by an act of force, that is to say, of reprisal for the offence
committed against the United States in the port of Charleston.
Reprisal is a very serious thing, ought always to be preceded by a
demand and refusal of satisfaction, is generally considered as an act
of war, and never yet failed to produce it in the case of a nation
able to make war.
[Illustration: Martha Washington
_From the portrait by James Sharples_
_This is one of the three Sharples portraits of the Washington family
and the only good profile of Martha Washington that was painted from
life. Martha, who was a few months younger than her husband, is
described as having been "amiable in character and lovely in person."
By the courtesy of the period she was called Lady Washington, and
whether in her own home or at the "federal court," she presided with
marked dignity and grace. She died at Mount Vernon, May 22, 1802,
having survived her husband two and a half years._
Courtesy Herbert L. Pratt]
Admitting the case to be of sufficient importance to require reprisal,
and to be ripe for that step, the power of taking it was vested by the
constitution in congress, not in the executive department of the
government.
Public-domain text, read in full here on John Shaqi.
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