firm on rights secured by the treaty. "As long as the States, assembled in
Congress, shall not have determined that this solemn engagement should not
be performed, no one has the right to shackle our operations, and to annul
their effect, by hindering those of our marines who may be in the American
ports, to take advantage of the commissions which the French Government
has charged me to give to them, authorizing them to defend themselves, and
fulfill, if they find an opportunity, all the duties of citizens against
the enemies of the State."

This was using an argument borrowed from Jefferson's abundant stock of
constitutional limitations. Genet was, of course, advised of the
dissensions in the Cabinet. He was on such confidential terms with
Jefferson that he talked freely about the projected raid on Louisiana.
Jefferson noted in his diary that "he communicated these things to me, not
as Secretary of State, but as Mr. Jefferson." Jefferson told Genet that he
"did not care what insurrections should be excited in Louisiana," but that
"enticing officers and soldiers from Kentucky to go against Spain was
really putting a halter about their necks, for that they would assuredly
be hung if they commenced hostilities against a nation at peace with the
United States." So great is the force of legal pedantry that Jefferson was
unable to agree that the President should proclaim neutrality in clear and
positive terms; but that same pedantry was effectively employed in
covering the legal flaws of Jefferson's position in his notes to Genet. He
attenuated the treaty obligations by strict construction and also by
reservations founded on the general principles of international law. "By
our treaties with several of the belligerent Powers," he told Genet, "we
have established a style of peace with them. But without appealing to
treaties, we are at peace with them all by the law of nature: for, by
nature's law, man is at peace with man." Hence the propriety of forbidding
acts within American jurisdiction that would cause disturbance of this