Jefferson himself, in advising the American foreign representatives of the policy of the Government, said that it would be "a fair neutrality"; and, in writing to Madison a few days after the proclamation had been issued, he remarked, "I fear a fair neutrality will prove a disagreeable pill to our friends, though necessary to keep us out of the calamities of war." By its terms, however, the proclamation was simply an admonition to American citizens to keep out of the war, with notice that, if they got into trouble by engaging in contraband trade, they would not receive the 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.