To George Washington from James McHenry, 7 July 1796
From James McHenry
private.
Philadelphia 7 July 1796.
Sir
Since I had the honour of writing you, the Chevalier Freire’s Secry has called to inform me, that the extreme heat of the weather had induced Madam Freire, to induce Chevalier Friere to postpone the projected visit to Mount Vernon till September.1 You will not therefore I presume have the pleasure of seeing them.
Mr Pickering has mentioned to me, that such of the materials as are not wanted for the three frigates now building, may be employed in the construction of the frigate promised to the Dey of Algiers.2 If it should be determined so to use the materials, and to commence the building before the meeting of Congress, will it belong to the department of war or department of State to have her built and equipped? From the laws instituting the two departments it would seem to fall under the duties specified as appertaining to the former, so far at least as respects building and equippment.3
I do not wish to have new duties assigned to me; but if matters relative to vessels of war belongs to the department of war, (of which you will judge in looking over the laws instituting the several departments) it might possibly give rise to remarks, were it to be assigned to a different one. Should you think however that it comes more properly within the duties of the department of State, than that of war I shall be perfectly satisfied.
I do not know that Mr Pickering has formed any opinion on this question, or that it has even occured to him; and I do not wish it to pass beyond yourself that I have suggested any doubt on the subject; because, it would look (which is very remote from the truth) as if I was either desirous to have the management of the building, or was jealous of encroachments on the department.4
You have no doubt read the accounts of the success of the French arms in Sardinia.5 I am disposed to think that what has happened there will produce a peace with the Emperor. With the sinceresent respect and attachment, I have the honour to be Sir Your ob. st
James McHenry
ALS, DLC:GW; ADfS, MiU-C: James McHenry Papers.
1. McHenry previously wrote GW on 6 July, but he last mentioned Portuguese minister Cipriano Ribeiro Freire’s plans to visit Mount Vernon in a letter dated 5 July.
2. For this frigate, see GW to the Dey of Algiers, 13 June.
3. “An Act to establish an Executive Department, to be denominated the Department of War,” approved 7 Aug. 1789, entrusted the secretary of war with duties relative “to the land or naval forces, ships, or warlike stores of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to the said department ( 49–50). For the laws structuring the State Department, see “An Act for establishing an Executive Department, to be denominated the Department of Foreign Affairs,” 27 July 1789; and “An Act to provide for the safe-keeping of the Acts, Records and Seal of the United States, and for other purposes,” 15 Sept. 1789 ( 28–29, 68–69).
4. McHenry again wrote GW on 8 July: “private. … Mr Pickering has called upon me this morning and mentioned, that he thought the building of the proposed frigate for Algiers lay more particularly with the war department; of course the question I suggested, so far as respects the Secry of State is answered.
“I shall proceed to take preparatory measures to ascertain what timber and materials can be spared for this frigate from the others, and whether it will be cheaper for the public to have her built by contract (furnishing certain materials) or in the way the other frigates are built.
“It will be proper that I should receive particular orders and instructions from the President before taking any ultimate step as it is a case not expresly contemplated or enjoined by any law or treaty” (ALS, DLC:GW; ADf, MiU-C: James McHenry Papers; LB, DLC:GW). GW replied to McHenry on 13 July.
5. The kingdom of Sardinia then included Savoy and the Piedmont region of Italy as well as the islands of Sardinia and Corsica. Reports about French victories and heavy casualties among the Sardinian and Austrian forces in the spring appeared in the Independent Gazetteer (Philadelphia) for 25 and 29 June. The Gazette of the United States, & Philadelphia Daily Advertiser for 6 July included a report that the king of Sardinia had sued for peace and sought an alliance with France against Austria. The Philadelphia Gazette & Universal Daily Advertiser for 7 July printed the terms of a suspension of arms between the Sardinian and French armies to allow for negotiations.