on the universal love of the people to France and its cause. But he was not to be deterred by personal considerations from the strict line of his duty. He was aware that, in withstanding the public infatuation in regard to France, he was putting an unparalleled popularity at hazard; but he put it at hazard without hesitation; and, in so doing, set a magnanimous example for his successors in office to endeavor to follow.

Chapter XXVII.

Washington Called to Mount Vernon-The Case of the Little Sarah Comes up in his Absence-Governor Mifflin Determined to Prevent her Departure-Rage of Genet-Jefferson Urges Detention of the Privateer until the President's Return-Evasive Assurance of Genet-Distrust of Hamilton and KnoxWashington Returns to Philadelphia-A Cabinet Council-Its Determination Communicated to Genet -The Vessel Sails in Defiance of it-Formation of the Democratic Society-The Recall of Genet Determined on-The Ribald Lampoon — Washington's Outburst.

N the latter part of July, Washington was suddenly called to Mount Vernon by the death of Mr. Whiting, the manager of his estates. During his brief absence from the seat of government occurred the case of the Little Sarah. This was a British merchant vessel which had been captured by a French privateer, and brought into Philadel

phia, where she had been armed and equipped for privateering; manned with one hundred and twenty men, many of them Americans, and her name changed into that of Le Petit Democrat. This, of course, was in violation of Washington's decision, which had been communicated to Genet.

General Mifflin, now governor of Pennsylvania, being informed, on the 6th of July, that the vessel was to sail the next day, sent his secretary, Mr. Dallas, at midnight to Genet, to persuade him to detain her until the President should arrive, intimating that otherwise force would be used to prevent her departure.

Genet flew into one of the transports of passion to which he was prone; contrasted the treatment experienced by him from the officers of government, with the attachment to his nation professed by the people at large; declared that the President was not the sovereign of the country, and had no right, without consulting Congress, to give such instructions as he had issued to the State governors; threatened to appeal from his decision to the people, and to repel force by force, should an attempt be made to seize the privateer.

Apprised of this menace, Governor Mifflin forthwith ordered out one hundred and twenty of the militia to take possession of the privateer,

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and communicated the circumstances of the case to the cabinet.

Mr. Jefferson now took the matter in hand, and, on the 7th of July, in an interview with Genet, repeated the request that the privateer be detained until the arrival of the President. Genet, he writes, instantly took up the subject in a very high tone, and went into an immense field of declamation and complaint. Jefferson made a few efforts to be heard, but, finding them ineffectual, suffered the torrent of vituperation to pour on. He sat in silence, therefore, while Genet charged the government with having violated the treaties between the two nations; with having suffered its flag to be insulted and disregarded by the English; who stopped its vessels on the high seas, and took out of them whatever they suspected to be French property. He declared that he had been thwarted and opposed in everything he had to do with the government; so that he sometimes thought of packing up and going away, as he found he could not be useful to his nation in anything. He censured the Executive for the measures it had taken without consulting Congress, and declared, that, on the President's return, he would certainly press him to convene that body.

He had by this time exhausted his passion and moderated his tone, and Jefferson took

occasion to say a word. "I stopped him,” writes he, "at the subject of calling Congress; explained our Constitution to him as having divided the functions of government among three different authorities, the executive, legislative, and judiciary, each of which were supreme on all questions belonging to their department, and independent of the others; that all the questions which had arisen between him and us, belonged to the executive department, and, if Congress were sitting, could not be carried to them, nor would they take notice of them." Genet asked with surprise, if Congress were not the sovereign.

"No," replied Jefferson. "They are sovereign only in making laws; the executive is the sovereign in executing them, and the judiciary in construing them, where they relate to that department."

But at least," cried Genet, "Congress are bound to see that the treaties are observed."

"No," rejoined Jefferson. "There are very few cases, indeed, arising out of treaties, which they can take notice of. The President is to see that treaties are observed."

"If he decides against the treaty," demanded Genet, to whom is a nation to appeal?" "The Constitution," replied Jefferson, "has made the President the last appeal."