[The Life of George Washington, Vol. 5 (of 5) by John Marshall]@TWC D-Link bookThe Life of George Washington, Vol. 5 (of 5) CHAPTER I 29/49
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. About this time, a question growing out of the war between France and Britain, the decision of which would materially affect the situation of the United States, was presented to the consideration of the executive. It will be recollected that during the war which separated America from Britain, the celebrated compact termed the _armed neutrality_ was formed in the north of Europe, and announced to the belligerent powers.
A willingness to acquiesce in the principles it asserted, one of which was that free bottoms should make free goods, was expressed by the governments engaged in the war, with the single exception of Great Britain.
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