protection of the United States, and would be liable to prosecution for
the commission of acts of a nature to "violate the law of nations." It is
manifest that the question whether or not the French treaty was still in
operation was of great practical importance. If it was still in force, the
treaty formed part of the law of the land, and American citizens might
plead immunity for acts done in pursuance of its provisions. Hamilton was
for suspending the treaty since a situation had arisen which made its
provisions inconsistent with a policy of neutrality. His main contention
was that the obligations imposed by the treaty of '78 were no longer
binding on the United States, since they contemplated only defensive war.
By her declaration of war France had taken the offensive, thereby
relieving the United States of her reciprocal obligations. Jefferson held
that the treaty was still operative, for even if its provisions apparently
required the United States to engage in the war, it did not follow that
such action would be an actual consequence. The possibility was "not yet
certain enough to authorize us in sound morality to declare, at this
moment, the treaties null."

Meanwhile Genet was left in a position in which he had a perfect right to
claim all privileges conferred on France by the treaty. The result was a
curious chapter of diplomatic correspondence. Genet took an attitude of
indignant remonstrance at the duplicity of the American position. Did not
the United States have a treaty with France? By what authority then did
the Administration interfere with him in the enjoyment of his rights as
the representative of France, and interfere with American citizens in
their dealings with him? He shrewdly refrained from any attempt to defend
the capture of the _Grange_ by _L'Ambuscade_ in Delaware Bay. "The learned
conclusions of the Attorney-General of the United States, and the
declarations of the American Government, have been on this subject the
rule of my conduct. I have caused the prize to be given up." But he stood