George Washington, Volume II

by Henry Cabot Lodge

Is giving too little and asking too much."

So the Americans now found it with Lord Grenville. There were many subjects of dispute, some dangerous, and all requiring settlement for the benefit of both countries. Boundaries, negro claims, and British debts were easily disposed of by reference to boards of arbitration. Two others, awkward and threatening, but not immediately pressing, were the impressment of British seamen, real or pretended, from American ships, and the exclusion of American vessels from the trade of the British West Indies. The latter circumstance was no doubt disagreeable to us, and deprived us of profit; but it is difficult to see what right we had to complain of it, for the ports of the British West Indies belonged to Great Britain, and if she chose to close them to us, or anybody else, she was quite within her rights. At all events, Lord Grenville declined to let us in, except in a very limited way and under most onerous conditions. The right of search and the right of impressment were simply the rights of the powerful over the weak. England wanted to get seamen where she could for her navy; and so long as she could violate our flag and carry off as recruits any able-bodied seaman who spoke English, she meant to do it. It was worse than idle to negotiate about it. When we should be ready and willing to fight we could settle that question, but not before. In due time we were ready to fight. England defeated us in various battles, ravaged our coasts, and burned our capital; while we whipped her frigates and lake flotillas, and repulsed her Peninsula veterans with heavy slaughter at New Orleans. Impressment was not mentioned in the treaty which concluded that war, but it ended at that time. The English are a brave and combative people, but rather than get into wars with nations that will fight, and fight hard, they will desist from wanton and illegal aggressions, in which they do not differ greatly from the rest of mankind; and so the practical abandonment of impressment came with the war of 1812. The fact was officially stated by Webster, not many years later, when he announced that the flag covered and protected all those who lived or traded under it.

But in 1794 impressment was a negotiable question, because we were not ready to go to war about it then and there. So Jay, wisely enough, allowed this especial from of bullying to drift aside, along with the exclusion from the West India trade, and addressed himself to the two points which it was essential to have settled at that particular moment. These questions were: the retention of the western posts, and neutral rights at sea. In return for the agreement on our part to pay the British debts, as determined by arbitration, England agreed to surrender the posts on June 1, 1796. There was to be mutual reciprocity in inland trade on the North American continent; but coastwise, while we opened all our harbors and rivers to the British, they shut us out from theirs in the colonies and the territory of the Hudson's Bay Company. In the eighteen articles, limited in duration to two years after the conclusion of the existing war, a treaty of commerce was practically formed and neutral rights dealt with. We were to be admitted to British ports in Europe and the East Indies on terms of equality with British vessels, but we were refused admission to the East Indian coasting trade, and to that between East India and Europe. We gained the right to trade to the West Indies, but only on condition that we should give up the transportation from America to Europe of any of the principal products of the colonies. These were enumerated, and besides sugar, molasses, coffee, and cocoa, included cotton, which had just become an export from the southern States, and which already promised to assume the importance that it afterwards reached. The vexed questions of privateers, prizes, and contraband of war were also settled and determined.

The treaty as a whole was not a very brilliant one for the United States, but its treatment was far worse than its deserts, and it was received with such a universal outburst of indignation that even to this day it has never freed itself from the bad name it then acquired. Nobody, not even its supporters, liked it, and yet it may be doubted whether anything materially better was possible at the time. The admirers of Hamilton, from that day to this, have believed that if he had been sent, his boldness, ability, and force would have wrung better terms from England. This is not at all improbable; but that they would have been materially improved, even by Hamilton, does not seem very likely. The treaty, in reality, was by no means bad; on the contrary, it had many good points. It disposed satisfactorily and fairly of all the minor questions which were vexatious and threatening to the peaceful relation of the two countries. It settled the British debts, gave us the western posts, which was a matter of the utmost importance, and arranged the disputed and thorny question of neutral rights, for the time being at least. It left impressment totally unsettled, simply because we were still too weak to be ready to fight England profitably on that theme. It opened to us the West Indian ports, which was the matter most nearly affecting our interests and our pockets, but it did so under limitations and concessions which were excessive and even humiliating. We were obliged to pay a price far too high for this coveted privilege, and it was on this point that the controversy finally hinged.

The treaty reached Philadelphia on March 7. Nothing was said of its arrival, which does not seem to have been known to any one but the President and Randolph, who had meantime succeeded Jefferson as Secretary of State. Three months later, on June 8, the Senate was called together in special session, and the treaty was laid before them. Washington did not like it and never changed his feeling in that respect, but he had made up his mind upon full reflection to accept it; and the Senate, after most careful consideration, voted by exactly the necessary two thirds to ratify it, provided that the objectionable West Indian article could be modified. On no terms could we consent to forego the exportation of cotton, and it is difficult to see how the Senate could have taken any other ground upon this point. Their action, however, opened some delicate questions. Washington wrote to Randolph: "First, is or is not that resolution intended to be the final act of the Senate; or do they expect that the new article which is proposed shall be submitted to them before the treaty takes effect? Secondly, does or does not the Constitution permit the President to ratify the treaty, without submitting the new article, after it shall be agreed to by the British King, to the Senate for their further advice and consent?"

These questions were carefully considered, and Washington had made up his mind to ratify conditionally on the modification of the West Indian article, when news arrived which caused him to suspend action. England, having made the treaty, and before any news could have been received of our attitude in regard to it, took steps to render its ratification both difficult and offensive, if not impossible. The mode adopted was to renew the "provision order," as it was called, which directed the seizure of all vessels carrying food products to France, and thus give to the Jay treaty the interpretation it was designed to avoid, that provisions could be declared contraband at the pleasure of one of the belligerents. It was a stupid thing to do, for if England desired to have peace with us, as her making the treaty indicated, she should not have renewed the most irritating of all her past performances before we had had opportunity even to sign and ratify. Washington, on hearing of this move, withheld his signature, bade Randolph prepare a strong memorial against the provision order, and then betook himself to Mount Vernon on some urgent private business.

Before he started, however, the storm of popular rage had begun to break. Bache had the substance of the treaty in the "Aurora" on June 29, and Mr. Stevens Thomson Mason, senator from Virginia, was so pained by some slight inaccuracies in this version that he wrote Mr. Bache a note, and sent him a copy of the treaty despite the injunction of secrecy by which he as a senator was bound. Mr. Mason gained great present glory by this frank breach of promise, and curiously enough this single discreditable act is the only thing that keeps his name and memory alive in history. All that he achieved at the moment was to hurry the inevitable disclosure of the contents of a treaty which no one desired to conceal, except in deference to official form. Mason's note and copy of the treaty, made up into a pamphlet, were issued from Bache's press on July 2, and hundreds of copies were soon being carried by eager riders north and south throughout the Union.

Everywhere, as the treaty traveled, the popular wrath was kindled. The first explosion came in Boston, Federalist Boston, devoted beyond any other town in the country to Washington and his administration. There was a town meeting in Faneuil Hall, violent speeches were made, and a committee was appointed to draw up a memorial to the President against ratification. This remonstrance was despatched at once by special messenger, who seemed to carry the torch of Malise instead of a set of dry resolutions. Everywhere the anger and indignation flamed forth. The ground had been carefully prepared, for, ever since Jay sailed, the partisans of the French had been denouncing him and his mission, predicting failure, and, in one case at least, burning him in effigy before it was known whether he had done anything at all. As soon as the news spread that the treaty had actually arrived, the attacks were multiplied in number and grew ever more bitter as the Senate consulted. The popular mind was so worked up that in Boston a British vessel had been burned on suspicion that she was a privateer, while in New York there had been street fights and rioting because of an insult to a French flag. In such a state of feeling, artificially stimulated and ingeniously misled, the most brilliant diplomatic triumph would have had but slight chance of approval. Jay's moderate achievement was better than his enemies expected, but it was sufficient for their purpose, and the popular fury blazed up and ran through the country, like a whirlwind of fire over the parched prairie. Everywhere the example of Boston was followed, meetings were held, committees appointed, and memorials against the treaty sent to the President. In New York Hamilton was stoned when he attempted to speak in favor of ratification; and less illustrious persons, who ventured to differ from the crowd, were ducked and otherwise maltreated. Jay was hanged and burned in effigy in every way that imagination could devise, and copies of his treaty suffered the same fate at the hands of the hangman. Feeling ran highest in the larger towns where there was a mob, but even some of the smaller places and those most Federal in their politics were carried away. The excitement seems also to have been confined for the most part to the seaboard, but after all that was where the bulk of the population lived. The crowd, moreover, was not led by obscure agitators or by violent and irresponsible partisans. The Livingstons in New York, Rodney in Delaware, Gadsden and the Rutledges in South Carolina, were some of the men who guided the meetings and denounced the treaty. On the other hand, the friends and supporters of the administration appeared stunned, and for weeks no opposition to the popular movement except that attempted by Hamilton was apparent. Even the administration was divided, for Randolph was as hostile to the treaty as it was possible for a man of his temperament to be.

The crisis was indeed a serious one. There have been worse in our history, but this was one of the gravest; and never did a President stand, so far as any one could see, so utterly alone. With his own party silenced and even divided, with the opposition rampant, and with popular excitement at fever heat, Washington was left to take his course alone and unsupported. It was the severest trial of his political life, but he met it, as he met the reverses of 1776, calmly and without flinching. He was always glad to have advice and suggestions. No man ever sought them or benefited from them more than he; yet no man ever lived so little dependent on others and so perfectly capable of standing alone as Washington. After the Senate had acted, he made up his mind to conditional ratification. He withheld his signature on hearing of the provision order, and was ready to sign as soon as that order was withdrawn. Whether he would make its withdrawal another condition of his signature he had not determined when he left Philadelphia for Mount Vernon, and on his arrival he wrote to Randolph: "The conditional ratification (if the late order, which we have heard of, respecting provision vessels is not in operation) may, on all fit occasions, be spoken of as my determination. Unless, from anything you have heard or met with since I left you, it should be thought more advisable to communicate further with me on the subject, my opinion respecting the treaty is the same now that it was, namely, not favorable to it; but that it is better to ratify it in the manner the Senate have advised, and with the reservation already mentioned, than to suffer matters to remain as they are, unsettled." He had already received the Boston resolutions, and had sent them to his cabinet for their consideration. He did not for a moment underrate their importance, and he saw that they were the harbingers of others of like character, although he could not yet estimate the full violence of the storm of popular disapprobation. On July 28 he sent his answer to the selectmen of Boston, and it is such an important paper that it must be given in full. It was as follows:—

UNITED STATES, 28th of July, 1795.

GENTLEMEN: In every act of my administration I have sought the happiness of my fellow-citizens. My system for the attainment of this object has uniformly been to overlook all personal, local, and partial considerations; to contemplate the United States as one great whole; to confide that sudden impressions, and erroneous, would yield to candid reflections; and to consult only the substantial and permanent interests of our country.

Nor have I departed from this line of conduct on the occasion which has produced the resolutions contained in your letter of the 13th inst.

Without a predilection for my own judgment, I have weighed with attention every argument which has at any time been brought into view. But the Constitution is the guide which I never can abandon. It has assigned to the President the power of making treaties with the advice and consent of the Senate. It was doubtless supposed that these two branches of government would combine, without passion and with the best means of information, those facts and principles upon which the success of our foreign relations will always depend; that they ought not to substitute for their own convictions the opinions of others, or to seek truth through any channel but that of a temperate and well-informed investigation.

Under this persuasion, I have resolved on the manner of executing the duty before me. To the high responsibility attached to it, I fully submit; and you, gentlemen, are at liberty to make these sentiments known as the grounds of my procedure. While I feel the most lively gratitude for the many instances of approbation from my country, I can no otherwise deserve it than by obeying the dictates of my conscience. With due respect, I am, etc.