In February 1793, France declared war on Great Britain. The conflict quickly spiraled to engulf their allies, enemies, and colonies. President George Washington learned of the war in early April. The United States had signed the Treaty of Defense with France in 1778, obligating both nations to come to each other’s aid in the event they were attacked by their enemies. Washington had to determine if the treaty applied in this scenario, if the U.S. was obligated to go to war with Britain, or if neutrality was possible.
He had three options to resolve those questions: 1) wait for Congress to resume its session in November (Congress was out of session anytime anything interesting happened in Washington’s administration); 2) convene an emergency session of Congress; 3) work with the cabinet to manage the crisis.
On April 18, Washington sent a letter to the cabinet, outlining the questions he wished to discuss with the secretaries the next morning. The list of thirteen questions included,
“Shall a proclamation issue for the purpose of preventing interferences of the Citizens of the United States in the War between France & Great Britain &ca? Shall it contain a declaration of Neutrality or not? What shall it contain?”
“Are the United States obliged by good faith to consider the Treaties heretofore made with France as applying to the present Situation of the parties. May they either renounce them, or hold them suspended ’till the Government of France shall be established.” (King Louis XVI, who had signed the treaty on behalf of France, had been executed four months earlier.)
“Is it necessary or advisable to call together the two Houses of Congress with a view to the present posture of European Affairs? If it is, what should be the particular objects of such a call?”
Over the next five months, the cabinet met up to five times per week, for several hours per day to resolve the Neutrality Crisis. Washington and the cabinet pursued a three-step strategy. First, they issued a proclamation declaring the United States would remain friendly with all combatants. They notably avoided the word neutrality because it carried legal implications.
Second, they requested the recall of the French minister, Citizen Edmond Charles Genet, when he refused to respect their guidelines for neutral behavior on American territory and in American waters.
Third, they crafted a series of rules dictating the behavior of citizens and visitors during periods of neutrality. That fall, when Congress returned to Philadelphia, it codified those rules into law, which governed periods of neutrality through the 19th century.
How did this period affect war powers? The opposite of war is peace (or in this case neutrality). When Washington issued his proclamation, some law makers questioned whether he had the power to unilaterally decide the nation’s position. If Congress has the power to declare war, wouldn’t it follow that it also had the right to declare peace?