The Life of George Washington, Vol. 5 / Commander in Chief of the American Forces During the War / which Established the Independence of his Country and First / President of the United States

by John Marshall

Is succeeded by Colonel Pickering.

Colonel Pickering, a gentleman who had filled many important offices through the war of the revolution; who had discharged several trusts of considerable confidence under the present government; and who at the time was postmaster general, was appointed to succeed him.

On the seventh of March, the treaty of amity, commerce, and navigation, between the United States and Great Britain, which had been signed by the ministers of the two nations, on the 19th of the preceding November, was received at the office of state.

Treaty between the United States and Great Britain.

From his arrival in London on the 15th of June, Mr. Jay had been assiduously and unremittingly employed on the arduous duties of his mission. By a deportment respectful, yet firm, mingling a decent deference for the government to which he was deputed, with a proper regard for the dignity of his own, this minister avoided those little asperities which frequently embarrass measures of great concern, and smoothed the way to the adoption of those which were suggested by the real interests of both nations. Many and intricate were the points to be discussed. On some of them an agreement was found to be impracticable; but, at length, a treaty was concluded, which Mr. Jay declared to be the best that was attainable, and which he believed it for the interests of the United States to accept.[32] Indeed it was scarcely possible to contemplate the evidences of extreme exasperation which were given in America, and the nature of the differences which subsisted between the two countries, without feeling a conviction that war was inevitable, should this attempt to adjust those differences prove unsuccessful.

On Monday, the 8th of June, the senate, in conformity with the summons of the President, convened in the senate chamber, and the treaty, with the documents connected with it, were submitted to their consideration.

On the 24th of June, after a minute and laborious investigation, the senate, by precisely a constitutional majority, advised and consented to its conditional ratification.

An insuperable objection 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 8th 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 favour 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 ratifications 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. In the meantime, his private affairs required that he should visit Mount Vernon.