From John Jay to Alexander Hamilton, 11 April 1793, enclosing John Jay’s Draft of a Proclamation by George Washington
To Alexander Hamilton
New York 11 ap. 1793
DrSir
Your Letters of the 9th. Inst.1 were this Day delivered to me, as I was preparing to go out of Town. The Subject of them is important— I have not Time to judge decidedly on some of the points— The enclosed will shew what my present Ideas of a proclamation are— it is hastily drawn— it says nothing of Treaties—2 ^it speakes of neutrality, but avoids the Expression,3 because in this country often associated with others. I shall be at Pha. in my way to Richmond— I think it better at present that too little shd. be said, than too much—4 I wd. not recieve any minister from a Regent untill he was Regent de facto; and therefore I think such Intention shd. be inferable5 from the proclamn.—6 Let us do every thing that may be right to avoid war, and if without our Fault we shd. be involved in it, there will be little Room for Apprehensions about the Issue— It is happy for us that we have [a] Presidt. who will do nothing rashly—and who regards his own Interest as inseparable from the public good— Yours sincerely.
John Jay
Col. Hamilton
[Enclosure]
John Jay’s Draft of a Proclamation by George Washington
By George Washington President of the U. S. of Am A Proclamation—
[New York, 11 April 1793]
Whereas every nation has a right to change and modify their constitution and Govt. in such a manner as they may think most co[nducive] to their Welfare and Happiness. And whereas7 they who a[ctually] administer the Governmt. of any nation, are by foreign nations [to] be regarded as its lawful Rulers, so long as they continue to be recognized and obeyed as such, by the great Body of their [People.]
And whereas monarchy8 has been in fact abolished in Fra[nce, and]9 a Government, recognized and obeyed by the great Body of the [People] does there actually exist and operate; it is proper as well [as] necessary that the political Intercourse between that nation & [this] should be conducted, thro the medium of that Government wh[ile?] it shall so continue to be recognized and obeyed.
altho the misfortunes (to whatever Cause they may be imputa[ble]) which the late King of France and others have suffered in the Co[urse] of that Revolution ^or which that [illegible] nation may yet experience^ are to be regretted by the Friends of Hum[anity] and particularly by the People of america, to whom both th[at King] and that Nation have done essential Services; yet it is no less [the] Duty than the Interest of the United States, strictly to observe th[at] Conduct towards all nations, which the Laws of nations prescr[ibe—]
and whereas war actually exists between France on the one [Side] and Austria Prussia Great Britain and the united Netherlands on [the] other;10 and to avoid being involved in that Calamity,11 it is necessar[y] that the United States should by a Conduct12 perfectly inoffensiv[e] cultivate13 and preserve the Peace they now enjoy; with a firm Determination nevertheless,14 always to prefer War to Inj[ustice]15 and Disgrace.
I do therefore16 most earnestly advise and require the Cit[izens of] the united States to be circumspect in their Conduct towards all nations [and] particularly toward those now at war— to demean themselves [in every] Respect in the manner becoming a nation at peace with all the wo[rld— to] unite in rendering Thanks to almighty God for the peace which by the ^& Prosperity^ by his beneficent Providence we enjoy, and in devotely entreatin[g Him] to continue to us these invaluable Blessings.
I do also recommend it to my fellow Citizens in general17 that [they omit?] such public Discussions18 of certain questions foreign to us, as mus[t] tend ^not only^ to cause19 Divisions and Parties among ourselves, and [thereby] impair that union on which our Strength depends,20 but also giv[e] cause of offence, to and Irritation to foreign powers— and I can [not forbear] expressing a wish, that our Printers may study to be impartial [in the] Representation of Facts, and observe much Prudence relative [to such] Strictures and animadversions as may21 render the Dispositions of foreign Governments & Rulers, unfriendly to the People of the uni[ted States.]
I do expressly require that the Citizens of the U.S. do abs[tain from] acting hostilely against any of the belligerent powers, under Co[mmissions] from either of them—22 Such Conduct would tend to provoke Hos[tilities] against their Country, and be in every Respect highly reprehens[ible,] for while the people of all other States abstain from doing Injury [to any] of our People, it would be unjust and wicked in any of our People [to do] Injuries to them—
I do also enjoin all magistrates and others in authority to be watchful and diligent23 in preventing aggressions against foreign na[tions] and their people; and to cause all offenders to be prosecuted & pun[ished] in an Exemplary manner—24
ALS (RC), DLC: Hamilton (EJ: 10763). Endorsed: “… with draft of procla / mation of neutrality”. Dft, NNC (EJ: 05644); , 14: 307–8. Enclosure: AD, DLC: Hamilton (EJ: 10762); Dft, NNC (EJ: 90464); , 14: 308–10. The margins of the enclosure are mutilated, and missing words or parts of words are filled in in brackets from the NNC Dft text when possible. Substantive differences between the recipient’s copy of the proposed proclamation and the initial Dft are indicated in the endnotes. The text of JJ’s draft proclamation published in , 3: 474–77 is derived from the NNC Dft text, not the text received by AH.
2. For AH’s hope that the United States government would consider its 1778 treaties with France suspended, see AH to JJ, 9 Apr. (first letter), above. AH and Secretary of War Henry Knox argued strongly that Genet’s reception “should be qualified by a previous declaration” that, because of the “existing position of the affairs of France,” it would “reserve to future consideration … whether the operation of the Treaties, by which those relations were formed, ought not to be deemed temporarily and provisionally suspended.” See : 14: 328, 368–69. JJ had previously articulated and continued to hold that the treaties were contracts that could not be annulled or altered without the consent of both parties, even if their form of government had changed. See JJ’s charges to the Grand Juries of the Eastern District, 12 Apr.–20 May 1790, above, and to the Grand Jury, Circuit Court for the District of Virginia, 22 May 1793, below.
3. JJ’s NNC draft did not totally avoid the expression, as it stated that “it is our Duty by a Conduct strictly neutral and inoffensive”, but he omitted the term from the final text sent AH. The text of the proclamation drafted by Attorney General Edmund Randolph and issued by GW after cabinet deliberations on 22 Apr. stated that it was the intention of the United States to “pursue a conduct friendly and impartial toward the belligerent powers.” On avoidance of the term “neutrality,” see the editorial note “John Jay and the Issue of Neutrality”, above.
4. GW’s proclamation was significantly shorter than JJ’s draft. It did not address questions about whether the Franco-American treaties remained in effect despite the French Revolution, and whether the de facto French government could appoint a minister the United States was obligated to receive.
5. Here, in the NNC dft, JJ deleted the word “plainly”.
6. No rival minister was ever appointed.
7. Here, in the NNC dft, JJ wrote: “a new Form of Govt. has taken place and actually exists in France, that Event is to be [ascrib?] regarded as the Act of the nation untill that Presumption shall be contra destroyed by Fact— And altho certain Circumstances have attended that Revolution, which are greatly to be regretted; yet we the United States as a nation to judge of ^have no Right to decide on^ Measures which regard only the internal and domestic affairs of others.”
8. Here, in the NNC dft, JJ excised: “whereas the misfortunes of the late,” and employed the term “Royalty” instead of “monarchy”.
9. Here JJ wrote in the NNC dft: “a new Government does there at present exist and ^is in^ actually operate ^ion^; it is proper that the Intercourse between that nation and this should be conducted thro the medium of the Government in Fact— And whereas”.
10. Here, in the NNC dft, JJ wrote: “And whereas on the one Hand we have abundant Reason to give thanks unto almighty God that the united States are not”.
11. Here, in the NNC dft, JJ wrote: “so on the other Hand we are it is our Duty”.
12. Here, in the NNC dft, JJ wrote “perfectly neutral and”.
13. Here, in the NNC dft, JJ wrote: “peace & preserve peace, and at the same Time to be prepared for Hostilities in Case aggressions unprovoked aggressions should render the”.
14. Here, in the NNC dft, JJ deleted: “to assert every Right”.
15. Here, in the NNC dft, JJ excised “Dishonor” before interlining “Injustice”.
16. Here, in the NNC dft, JJ wrote: “in the most solemn and prop[er]”.
17. Here, in the NNC dft, JJ wrote: “to forbear ^omit such^”.
18. Here, in the NNC dft, JJ wrote: “of Questions in which we are not interested and but which naturally ^as may^”.
19. Here, in the NNC dft, JJ excised “Dissention” and interlined “divisions and parties”.
20. Here, in the NNC dft, JJ excised: “to violate others Every consideration [illegible] to be prudent prudent & firm”.
21. Here, in the NNC dft, JJ excised: “create unfavorable” before interlining “render the”.
22. Here, in the dft, JJ excised: “They will thereby forfeit the Rights belonging to a neutral Nation, and by”.
23. Here, in the NNC dft, JJ wrote: “diligently to guard against the violations”.
24. GW’s official proclamation of 22 Apr. warned American citizens to avoid all acts whatsoever that departed from this norm, and threatened prosecution and punishment under the law of nations for committing or abetting hostilities against any belligerent.
No documentary evidence has been found to establish whether JJ’s draft was the result of a private request from GW conveyed by AH, whether GW or other members of his cabinet saw the text of JJ’s draft, or whether AH conveyed some or all of JJ’s opinions to GW. Nevertheless, the official proclamation, which JJ quoted in full in his charge to the Grand Jury of 22 May (below), closely followed the ideas JJ expressed above.