In case of war with another nation, "no merchandize heretofore called contraband, such as arms, ammunition and military stores of all kinds,... shall, on any account, be deemed contraband, so as to induce confiscation, and a loss of property to individuals." The right to detain vessels carrying such goods a reasonable length of time was granted, as well as the right not to seize, but "to purchase" military stores with a reasonable compensation to the proprietors; in all cases the owners of the ships delayed were to receive a compensation. But all vessels not carrying contraband were to be entirely free, adding that a blockade in order to be recognized had to be effectual, but even in that case "no vessel of the party who is not engaged in the said war, shall be stopped without a material and well-grounded cause."
Besides these general provisions, it was recommended that "each party shall have a right to carry their own produce, manufactures, and merchandise in their own bottoms to the ports of the others, and thence the produce and merchandise of the other, paying, in both cases, such duties only as are paid by the most favored nations."
A paragraph was intended specially for the commerce with the West Indies, "desiring that a direct and similar intercourse be admitted between the United States and possessions of the nations holding territorial possessions in America."
Finally, as Jefferson as well as his contemporaries were already fearful of seeing any influx of foreigners settle in their country and dominate the infant government, it was stipulated that no right be accorded to aliens to hold real property within these States, this being "utterly inadmissible by their several laws and policy."
From the European point of view many things were inadmissible in the plan of treaties. To request the nations of the Old World not only to abandon privateering, but to relinquish their definitions of contraband and their commercial monopolies with their own colonies, was something which must have appeared as the wild dream of a people unexperienced in the handling of foreign relations. As a matter of fact, the treaties were never signed. But if the principles formulated by Jefferson were not accepted by the European powers, they remained nevertheless an essential part of the foreign policy of the United States.
On the very day the "Instructions" were adopted, Jefferson was appointed Minister Plenipotentiary to "negotiate treaties of commerce with foreign nations in conjunction with Mr. John Adams and Dr. Franklin." No man in Congress was better qualified for such a mission. His work for two years on several important committees had acquainted him with the main problems of the Union. He had demonstrated his ability to present clear reports on the most intricate questions. He had completed his apprenticeship of men and things; but it may be wondered whether the delegates who recommended his appointment were not impelled by ulterior motives. The stand taken by Jefferson on slavery had made him decidedly unpopular with the Southern delegates. He had opposed the original statutes of the Order of Cincinnati, in which he saw the beginnings of a new aristocracy. He had made enemies as well as friends and could write to Washington that an experience of twenty years had taught him "that few friendships stand this test, & that public assemblies, where everyone is free to act & to speak, are the most powerful looseners of private friendship." The petty discussions in Congress, the long speeches he had to listen to, the quibbling, lack of initiative and lack of national spirit of the delegates had thoroughly disgusted him. Before receiving his appointment he had already repented of his return to public life and had signified his intention of going back to his beloved Monticello.
I have determined—he wrote to Washington—to take no active part in this or anything else, which may lead to altercation, or disturb that quiet & tranquillity of mind to which I consign the remaining portion of my life. I have been thrown back by events on a stage where I had never more thought to appear. It is but for a time, however, & as a day laborer, free to withdraw, or be withdrawn at will.[101]
He seized with eagerness the opportunity of visiting older civilizations and enjoying a change of scenes. Having hastily cancelled his order for printing a few copies of the "Notes on Virginia", he at once made preparations for his departure.
The new plenipotentiary decided to take with him his older daughter Martha, then in Philadelphia at Mrs. Hopkinson's, and to leave the two younger ones with their maternal aunt, Mrs. Eppes, in Virginia. William Short, his "élève" and friend, accompanied him as private secretary and Colonel David Humphreys as secretary of the legation.[102] From Philadelphia he went to Boston, visiting Connecticut, Rhode Island, and the principal towns on his way, in order to acquire "what knowledge he could of their commerce and other circumstances." He sailed from Boston on the Ceres, Captain Sainte-Barbe, bound to Cowes.
Jefferson was then forty-one years old. He knew life and men and had no illusions; he had experienced happiness and sorrow; he had had moments of exaltation, of hot patriotic fever; he had occupied the front of the stage in several circumstances never to be forgotten; he had aroused enmities and made devoted and faithful friends, among them Monroe, Madison, and Short whom he was taking along with him. But neither his disappointments nor his sorrows had made him a misanthrope. Not an orator, he liked to talk, and he could not live without society. The tall spare man in black was no longer able to feel his heart moved by the early emotions of his youth. Next to Washington, who remained in America, and to Doctor Franklin, a debonair patriarch, he was the most famous national figure of America. None was better qualified by his former life and studies to represent America and to speak for his country. Whatever sectionalism he may have had in him had disappeared in these last two years of Congress, when he had striven so strenuously to make the Union an actual fact and to consolidate the loose Federal fabric, for only there could men "See the affairs of the Confederacy from a high ground; they learn the importance of the Union & befriend federal measures when they return. Those who never come here, see our affairs insulated, pursue a system of jealousy and self interest, and distract the Union as much as they can."