5884. NEUTRALITY, Treasury Department and.—
Hamilton produced [at a
cabinet meeting] the draft of a letter by himself
to the collectors of the customs, giving
them in charge to watch over all proceedings
in their districts, contrary to the laws of neutrality,
or tending to infract our peace with the
belligerent powers, and particularly to observe
if vessels pierced for guns should be built, and
to inform him of it. This was objected to, 1.
As setting up a system of espionage, destructive
of the peace of society. 2. Transferring to the
Treasury Department the conservation of the
laws of neutrality and peace with foreign nations.
3. It was rather proposed to intimate to
the judges that the laws respecting neutrality
being now come into activity, they should
charge the grand juries with the observance of
them; these being constitutional and public
informers, and the persons accused knowing of
what they should do, and having an opportunity
of justifying themselves. E. R. [Edmund Randolph]
found a hair to split, which, as always
happens, became the decision. Hamilton is to
write to the collectors of the customs, who are
to convey their information to the attorneys of
the district to whom E. R. is to write to receive
their information and proceed by indictment.
The clause respecting the building vessels
pierced for guns was omitted, for though three
against one thought it would be a breach of
neutrality, yet they thought we might defer
giving a public opinion on it as yet.—
To James Madsion. Washington ed. iii, 556.
Ford ed., vi, 250.
(May. 1793)