to oliver wolcott - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 10 [1774]
Edition used:
The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 10.
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to oliver wolcott
August 10, 1795.
Dear Sir:
I have received your letter by Saturday’s post. The one you enquire about was received.
I incline very much to the opinion that this will be the proper course of conduct in reference to the order to seize our vessels with provisions—viz., to send to our agent the treaty ratified as advised by the Senate, with this instruction: that if the order for seizing provisions is in force when he receives it, he is to inform the British ministry that he has the treaty ratified, but that he is instructed not to exchange the ratification till that order is rescinded, since the United States cannot ever give an implied sanction to the principle. At the same time a remonstrance ought to go from this country, well considered and well digested, even to a word, to be delivered against the principle of the order.
My reasons for this opinion are summarily these:
Firstly.—That in fact we are too much interested in the exemption of provisions from seizure to give even an implied sanction to the contrary pretensions.
Secondly.—That the exchange of ratifications pending such an order would give color to an abusive construction of the eighteenth article of the treaty, as though it admitted of the seizure of provisions.
Thirdly.—That this would give cause of umbrage to France, because it would be more than merely to refrain from resisting by force an innovation injurious to her, but it would be to give a sanction to it in the midst of a war.
Fourthly.—It would be thus construed in our country, and would destroy confidence in the government.
Fifthly.—It would scarcely be reputable to a nation to conduct a treaty with a Power to heal past controversies, at the very moment of a new and existing violation of its rights.
P. S.—Deliver the enclosed as soon as it gets to hand. If an order has existed, and has been rescinded, the remonstrance ought still to be presented, after the exchange of ratifications, as a protest against the principle, etc.
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