Such was the logic—or rather the mad, seditious cry of faction—employed to forestall public opinion, and defeat the noble and humane intentions of the government. The Democratic Societies, though infirm and tottering, joined in the clamor. One of these in Virginia exclaimed, “Shall we Americans, who have kindled the spark of liberty, stand aloof and see it extinguished when burning a bright flame in France, which hath caught it from us? If all tyrants unite against a free people, should not all free people unite against tyrants? Yes, let us unite with France, and stand or fall together.”

The Massachusetts Society, in an address to all sister societies of the Union, put forth similar sentiments, and declared that the political interests of the United States and France were “one and indivisible.” The Pennsylvania Society exhorted that of New York to be ready and oppose the treaty if its provisions should be found dishonorable to the country; and newspapers and pamphleteers joined in the general cry of factious opposition.

The senate, pursuant to proclamation, assembled at Philadelphia on the eighth of June. Some changes had taken place in the material of that body, favorable to the government. Mr. Jay's treaty, with accompanying documents, was laid before it on the first day of the session. That gentleman had arrived from England a fortnight previously, and found himself elected governor of the state of New York by a large majority; and when he landed, he was greeted by thousands of his fellow-citizens, who gathered to welcome their new chief magistrate, and to testify their respect to the envoy who had so faithfully, as they believed, executed a mission of peace. A great crowd attended him to his dwelling, and the firing of cannon and ringing of bells attested the public joy. He immediately resigned his seat as chief justice of the United States, and three days after his arrival home he took the oath of office as governor of the state of New York.

The senate held secret sessions when considering the treaty, and for a fortnight it was discussed in that body with the greatest freedom and candor. Finally, on the twenty-fourth of June, the senate by a vote of twenty to ten—precisely a constitutional majority—advised the ratification of the treaty, that article excepted which related to the West India trade.

“An insuperable objection,” says Marshall, “existed to an article regulating the intercourse with the British West Indies, founded on a fact which is understood to have been unknown to Mr. Jay. The intention of the contracting parties was to admit the direct intercourse between the United States and those islands, but not to permit the productions of the latter to be carried to Europe in the vessels of the former. To give effect to this intention, the exportation from the United States of those articles which were the principal productions of the islands was to be relinquished. Among these was cotton. This article, which a few years before was scarcely raised in sufficient quantity for domestic consumption, was becoming one of the richest staples of the southern states. The senate, being informed of this fact, advised and consented that the treaty should be ratified on condition that an article be added thereto, suspending that part of the twelfth article which related to the intercourse with the West Indies.

“Although, in the mind of the president, several objections to the treaty had occurred, they were overbalanced by its advantages; and, before transmitting it to the senate, he had resolved to ratify it, if approved by that body. The resolution of the senate presented difficulties which required consideration. Whether they could advise and consent to an article which had not been laid before them, and whether their resolution was to be considered as the final exercise of their power, were questions not entirely free from difficulty. Nor was it absolutely clear that the executive could ratify the treaty, under the advice of the senate, until the suspending article should be introduced into it. A few days were employed in the removal of these doubts; at the expiration of which, intelligence was received from Europe which suspended the resolution which the president had formed.

“The English papers contained an account, which, though not official, was deemed worthy of credit, that the order of the eighth of June, 1793, for the seizure of provisions going to French ports, was renewed. In the apprehension that this order might be construed and intended as a practical construction of that article in the treaty which seemed to favor the idea that provisions, though not generally contraband, might occasionally become so, a construction in which he had determined not to acquiesce, the president thought it wise to reconsider his decision. Of the result of this reconsideration there is no conclusive testimony. A strong memorial against this objectionable order was directed; and the propositions to withhold the ratification of the treaty until the order should be repealed; to make the exchange of ratifications dependent upon that event; and to adhere to his original purpose of pursuing the advice of the senate, connecting with that measure the memorial which had been mentioned, as an act explanatory of the sense in which his ratification was made, were severally reviewed by him. In conformity with his practice of withholding his opinion on controverted points until it should become necessary to decide them, he suspended his determination on these propositions until the memorial should be prepared and laid before him.”[78]

The senate, on voting to recommend the ratification of the treaty, removed the seal of secrecy, but forbade any publication of the treaty itself. Regardless alike of the rules of the senate, and of official decorum, Senator Mason, of Virginia, sent to Bache, the editor of the Aurora (the democratic newspaper) a full abstract of the treaty, which was published on the second of July. In this, Mason had only anticipated Washington, who, to counteract statements concerning the contents of the treaty, and malignant comments which began to appear, had resolved to have the whole document published.

FOOTNOTES:

[75] Life of Washington, ii, 360.