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
The Jane had augmented her armament by replacing four old
gun-carriages with new ones, and opening two new portholes.
The request of the British consul that these alterations
might be allowed was peremptorily rejected, and directions
were given that she should be restored precisely to the
situation in which she entered the port. Had she attempted
to sail without obeying these orders, Governor Mifflin had
taken measures to stop her at Mud Island.]
In this, as in every effort made by the executive to maintain the
neutrality of the United States, that great party which denominated
itself "THE PEOPLE," could perceive only a settled hostility to France
and to liberty, a tame subserviency to British policy, and a desire,
by provoking France, to engage America in the war, for the purpose of
extirpating republican principles.[7]
[Footnote 7: See note No. III. at the end of the volume.]
The administration received strong additional evidence of the
difficulty that would attend an adherence to the system which had been
commenced, in the acquittal of Gideon Henfield.
A prosecution had been instituted against this person who had enlisted
in Charleston on board a French privateer equipped in that port, which
had brought her prizes into the port of Philadelphia. This prosecution
had been directed under the advice of the attorney general, who was of
opinion, that persons of this description were punishable for having
violated subsisting treaties, which, by the constitution, are the
supreme law of the land; and that they were also indictable at common
law, for disturbing the peace of the United States.
It could not be expected that the democratic party would be
inattentive to an act so susceptible of misrepresentation. Their
papers sounded the alarm; and it was universally asked, "what law had
been offended, and under what statute was the indictment supported?
Were the American people already prepared to give to a proclamation
the force of a legislative act, and to subject themselves to the will
of the executive? But if they were already sunk to such a state of
degradation, were they to be punished for violating a proclamation
which had not been published when the offence was committed, if indeed
it could be termed an offence to engage with France, combating for
liberty against the combined despots of Europe?"
As the trial approached, a great degree of sensibility was displayed;
and the verdict in favour of Henfield was celebrated with extravagant
marks of joy and exultation. It bereaved the executive of the strength
to be derived from an opinion, that punishment might be legally
inflicted on those who should openly violate the rules prescribed for
the preservation of neutrality; and exposed that department to the
obloquy of having attempted a measure which the laws would not
justify.
Public-domain text, read in full here on John Shaqi.
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