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The agreeable acquaintance I had the pleasure of forming with you at the Richmd & the free Communication of Sentiment, which then took place between us, has induced me to take the liberty of sending to you the enclosed Copy of an order of Council, which has since been revoked, by direction of the President of the United States, Communicated by the Secretary of State, in his letter of the 6th of February to Governor Brooke.
You will find that my dissent to the Advice, expressed in general terms, intended to comprehend the substance of the Observations I had made in the discussion of the Subject, for the purpose of obtaining a reconsideration of the Question, until the decision of the President of the United States could be known.
That you may the better understand my Ideas, I will if you please mention a few of the
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The general Government having been exclusively vested, with the Power of Negotiating with Nations, it rests with that Power, to decide on all cases here, which affect, or which would be likely to bring into Contest, the Rights of Foreign Nations.
The Government having determined to observe a Neutral Conduct towards certain Powers at War prescribed to itself, certain Rules, which Rules, were Communicated by Mr Jefferson to the Ministers of the Nations immediately concerned, And in his letter to Mr Genet of the 15th of May 1793. informed him, that they should be observed as a "Rule of Conduct in future" to this Mr Genet did unequivocally consent. So far then, as the Rule extended, was the Governor of this State, Authorized to act, under the Instructions of the President of the United States communicated by the Secretary at War to Governor Lee in his letters of the 23d of May and 29th of August 1793. To go farther, and at his discretion, make decisions on New cases, (of which this was said to be one) would be most
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There was no mode pointed out [undecipherable] directing that it shall be the duty of [undecipherable] to dispose, for the purpose of preventing the [undecipherable]ation of such Articles, or preventing the Sailing of Vessels on Board of which, they may have been embarked. And if the Congress had omitted to legislate on the Subject, the Executive of a particular State, could have no Power, by any Act of theirs, to remedy the Omission.
I was farther of Opinion that Vessels which had complied with all the requisites of the Law and had obtained clearances, and Passports, according to Law, (which was the case with those alluded to in the Advice) could not be stopped, without a violation of that Law. And no Power within the United States could do it, unless such Vessels came within the purview of the Act of June 1794