It was contended, certainly by the most active, perhaps by the most numerous part of the community, not only that the treaties had been grossly misconstrued, but also that, under any construction of them, the interference of the executive acquired the sanction of legislative authority; that, until the legislature should interpose and annex certain punishments to infractions of neutrality, the natural right possessed by every individual to do any act not forbidden by express law, would furnish a secure protection against those prosecutions which a tyrannical executive might direct for the crime of disregarding its illegal mandates.

The right of the President to call out the militia for the detention of privateers about to violate the rules he had established, was, in some instances, denied; attempts to punish those who had engaged, within the United States, to carry on expeditions against foreign nations, were unsuccessful; and a grand jury had refused to find a bill of indictment against Mr.Duplaine, for having rescued, with an armed force, a vessel which had been taken into custody by an officer of justice.

Of consequence, however decided the opinion of the executive might be with respect to its constitutional powers and duties, it was desirable to diminish the difficulties to be encountered in performing those duties, by obtaining the sanction of the legislature to the rules which had been established for the preservation of neutrality.

The propriety of legislative provision for the case was suggested by the President at the commencement of the session, and a bill was brought into the senate, "in addition to the act for punishing certain crimes against the United States." This bill prohibited the exercise, within the American territory, of those various rights of sovereignty which had been claimed by Mr.Genet, and subjected any citizen of the United States who should be convicted of committing any of the offences therein enumerated, to fine and imprisonment.

It also prohibited the condemnation and sale within the United States, of prizes made from the citizens or subjects of nations with whom they were at peace.
Necessary as this measure was, the whole strength of the opposition in the senate was exerted to defeat it.