Autograph Draft Letter Signed

Opinion of Hamilton & Knox Respecting the Brigantine "Little Sarah"

Hamilton and Knox state the reasons for their opinions relative to the affair involving the French privateer "Little Sarah" in which the neutrality of the United States was violated by France.

Opinion of Hamilton & Knox Respecting the Brigantine "Little Sarah"

1793

07

08

Philadelphia

The document is in the handwriting of Hamilton but signed by Hamilton and Knox.

Alexander Hamilton; Henry Knox

Alexander Hamilton

Henry Knox

George Washington

privateers

belligerent powers

Attorney General

Edmund Randolph

Ministers of Great Britain

Ministers of France

Governors

militia

agents of France

Secretary of State

Thomas Jefferson

French Minister

Alexander Dallas

Secretary of Pennsylvania

Congress

foreign intercourse

enemies of the nation

Governors of the States

Governor of Pennsylvania

Philadelphia

Charles Town

Charleston

Brigantine

Brigantine Little Sarah

belligerent powers

breach of neutrality

fitting out of privateers in our ports

military capacities

ships

cause of complaint

Sans Culottes

Citizen Genet

non-surrender

gross outrage

tacit promise

apology

war

memorial

friendly Power

prizes

treaty

declaration

schism between the government and the people

offensive paper

armed vessels

courts

breach of Treaty

dignity and essential interests of the nation

peace with France

President's instruction

justice and friendship

hostilities of France

port

Nothing is so dangerous to a government as to be wanting either in self-confidence or self-respect.

1793070800101

[8 July 1793]
(157)
Reasons for the opinion of the Secretary of the Treasury and the Secretary of War respecting the Brigantine Sarah.

Because there can be no doubt either upon princ [missing] or authority that the permitting or suffering or what is equivalent, the not exerting the means in our power taking effectual measure to prevent, when known, the fitting out of privateers in our ports by one of the belligerent powers to cruise against any of the others is an unequivocal breach of neutrality.
Because the President in conformity with an unanimous opinion of the heads of the departments and in Atty General founded upon the above principle has caused his disapprobation of the practice to make known be signified to the Ministers of the both of Great Britain and France accompanied with an express assurance to the former that effectual measures would be taken to prevent a repetition of the practice.
Because persuant to this principle and to that assurance an instruction has [undeciperable] to the Governors of the several states in their military capacities of Commander in Chief of the militia.
Because consequently not to take such measures in the present instance would be directly neither to depart from
from of the declaration of neutrality and of to contravene the positive assurance given to the Ministers of Great Britain: an omission as dishonorable as it must be dangerous to the Government;* It is impossible to doubt, that if either of the parties can [undecipherable] fit out fourteen from our ports to make prizes upon the Ships and property of the others - can bring those prizes into our ports and hardly possibly that is should It will implying either a want of ability - or a want of consistency and good faith, And as it will undoubtably furnish a just cause of complaint against the U States - so it is natural to expect that it may involve them in the war. It becomes the more serious, in consequence of the non surrender of the prizes, which were brought into our Ports by the privateers Sans-culottes and Citizen Genet fitted out at Charleston.
IV. Because the fitting out of this Privateer is a transaction involving the part of the Agents of France a gross outrage upon an undisguised contempt of the government of the U States, It is aggravated by the circumstances of having been done under the immediate eye of the government - after an explicit, and serious communication, & its disapprobation, and after an expectation given that nowhere of the kind no similar attempt would be repeated. The Secretary of State reported to the President as the result of a conversation
with the French Minister - that he had apologized what [undecipherable] on the subject of the two Privateers before [undecipherable] tioned, fitted out at Charles town what amounted was equivalent to an apology for having done it, and to, at least a tacet promise, to forebear a repetition. Yet it is done and is even attempted to be justified.
V. Because there is the ma it is impossible to interpret such conduct into any thing, rare to object than a regular plan to force the U States into the War. Its tendency to regard to produce that effect cannot be misunderstood .* [Margin: *by the Agents of France.] The direct advantage of the measure justify to France her is obviously too inconsiderate to induce the persisting in it contrary to the remonstrances of the Government if it were not with a view to the more important object and just mentioned a conduct the more exceptionable, because it is accompanied with the fallacious [undecipherable] disavowal if an intention to engage us in the war.
VI Because there is satisfactory evidence of a [undecipherable] position an perserverance regular system, in the pursuit of that object, to endeavour to controul the government itself, by creating, if possible, a scism between it and the people and inlisting them on the side of France in opposition to
their constitutional authorities they have created [undecipherable] This is deducible not only from a great variety of collateral incidents which are known but from Direct written and verbal declarations [of] the French Minister.
The Memorial lately presented by him to the Secretary of State, the most offensive paper, perhaps, that war ever offered by a foreign Minister to a friendly Power with wh* he resided. [Undeciperable] language announces unequivocal* the system which is alleged to exist.
Besides the exorbitant pretensions which that paper advances, of a right in defiance of the declared sense of the Govenrment - to fit out armed vessels of war from the ports and even to engage Labor inlist their own citizens in their own territories in the Service of France to hold courts within their jurisdiction [undecipherable] unsanctioned by compact whateverfor the condemnation of prizes;* [top left margin: *unsanctioned compact; contrary to the rights of neutrality,contrary even to the spirit of the regulations of France for her own consulate establishment; besides, the loose and unfounded charges of breach of Treaty "dely and indecently urged that Paper more than insinuates the imputales of the President of ill will to France under the influence of some instigation of foreign Powers influence having undertaken to decide to ent* not under his province gone beyond his duty and his authority by undertaking to decide the decision of matters not within his province - and clearly
1799
sufficiently applies implies an appeal from him to Congress, and even if not to the People, before disposition is manifestly at least indelicately put in contrast with that of the President his.x [left margin: xLanguage of this sort, was sent if even better founded than it is in the present instance, can never be used by a diplomatic character without an offensive a culpable violation of all decorum. He has nothing to do but in with the constitutional [indecipherable] for foreign intercourse of the Government. In his official communications he ought never to look beyond [undecipherable]. Nor can he do it without [undecipherable] his authority disrespect to the Government or to [that?] Nation & departments [undecipherable crossed out text].
The Declaration of the Minister of France to Mr. Dallas, Secretary of the Commonwealth of Pennsylvania, as related by him to the Governor of that Commonwealth and to the Secretary of State is a further full confirmation of the same system. The substance of their Declarations is understood to be [undecipherable] That Declaration among other exceptionable things exhalted that he the French Minister would appeal from the President to the People"; <s>[undecipherable] he expected here two or three [undecipherable] at the time from the [undecipherable] and would know how to do justice to to himself and to his [undecipherable] that if he could do nothing else [illegible] at [least?] serve the country."</s>
Iw would be a fatal [undecipherable] not to perceive the spirit which inspires such language and ill-omened to passiveness [undecipherable] not to resolve to withstand it with energy. Because to refuse an assurance, to that the Privateer should remain in Port, till the [illegible] to decide upon her [illegible]uation was an [illegible] high handed contempt of the Government; whereby as no [illegible] palleated in the ambiguous [undecipherable] of a probability that she would not be ready to depart before his return; intimations [undecipherable] experience in other cases in no [undecipherable] upon.
VII Because not to act with decision under such circumstances will be to prostrate the
Government to sacrifice the Dignity and essential interests of the Nation Indication in such a case can only serve must necessarily tend to destroy, both at home and abroad, a due respect for the Govenm[ent] there to weaken its arm to embolden the enterpr[ise] of an intriguing and daring foreign Agent to encourage and multiply those who are dis[missing text] to adhere factiously to him and, ultimate[ly] to put the country in the condition of being governed dictated to by that foreign Agent an[d] at War with all the enemies of the Nation he represents.* [Left margin: It is a truth best founded and of the last greatest importance, that nothing is so dangerous to a Government as to be wanting either in self-confidence or self-respect.
VIII Because to Decis [illegible] , even lend to preserve peace with France [undecipherable] If the enterprizes of her Minister are not checked [illegible] present stage it ma[y] clearly be inferred from his character that they are likely to be carried to a length which will render a [undecipherable] between the [undecipherable countries, if they do unavoidable inevitable, should they not prev[missing text] produce one with the Powers who are opposed to France.
IX Because the measure [undecipherable] is recomm[missing text] is but a consequence of the instruction given to his different Governors, & addressed to them, in their military capacity and expresses to be executed by the agency of the Militia, <s it implies</s> and it included necessarily the use of military [undecipherable] ertion.
pg 100
when that should be found requisite to the end to be accomplished. It is therefore not to adopt a new principle, but to second the execution of an order already given by the President - founded upon mat* deliberation and the unanimous opinion of the heads of the Departments with the Atty General. It is therefore due to the declared an known, and declared pleasure of the president and Governor who could not have recourse to the advice now asked would fail in his duty, not to employ in a similar case, the means recommended,without just [undecipherable] sanction. The Governor of Pennsylvania might justifiably employ them, [undecipherable] ; but as the case having been previously drawn into consultation, between him and the heads of departments he has thought get to ask their sound advice and in giving it conformably with the true spirit of the Presidents instruction they will would faithfully execute the trust reposed in them by him.
XI Because the measure proposed is only provisional, and can have no other effect than to evince the Determination of the Government; unless the vessel attempts to depart, onhary to the intimation of the Minister, as understood by the Secretary of State. In such an event, the necessity of [it?] will be attested by the occasion.
XIII If there be delicacy on one side there is still greater delicacy [on?] the other. France would have justly nothing to complain of, in reference to an act, which was merely a vindication of [undecipherable] our sovereignty in their our own territory - against a deliberate and outrageous manifest violation of it by her Agent
If they be at all reasonable or equitable he will disavow the procedure and the Agent and take no offense. An appeal to her [undecipherable] and friend [undecipherable] plight to be [undecipherable] But, [undecipherable] the other powers will have just cause of complaint - not only upon principle, but upon the strength of positi* assurances. If war is to be hazarded, [undecipherable] certainly our duty to hazard it with that power, which by injury and insult, forces us to choose between opposite hazards - rath[er] than with Mass Powers who do not place us in the predicament disagreeable dilemma. * As a rule of conduct that of [undecipherable] are to be involved in the War. I must [undecipherable] at any rate against the powers who are opposed to France. [undecipherable] we risk a [undecipherable] to give them cause to attack us by suffering *selves [undecipherable] be made an instrument of the hostilities of France than to [undecipherable] a quarrel [undecipherable] encroachment would be a hazard calculation of hazards [undecipherable] lead to a different conclusion
To proceed like that proposed never was cannot colorably be considered by any Nation as an Act of hostility. When If attempts are made in neutral ports to equipt armed Vessels without permission the neutrally sovereign they are clandestine if they detected and Suppressed it is regarded as a matter of course a penalty of which in the expected price of Detection parties are to take the Vessel. [illegible] are to take [indecipherable] chance. It would be a Disgrace to the [undecipherable] the belong and an [undecipherable] to one neutral [undecipherable]