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

In a letter of the third of August, written to the same gentleman, in which he stated the increasing extent of hostility to the treaty, the President added:

"All these things do not shake my determination with respect to the proposed ratification, nor will they, unless something more imperious and unknown to me, should, in the opinion of yourself and the gentlemen with you, make it adviseable for me to pause."

Conditionally ratified by the president.

In the afternoon of the 11th of August the President arrived in Philadelphia; and on the next day, the question respecting the immediate ratification of the treaty was brought before the cabinet. The secretary of state maintained, singly, the opinion, that, during the existence of the provision order,[35] and during the war between Britain and France, this step ought not to be taken. This opinion did not prevail. The resolution was adopted to ratify the treaty immediately, and to accompany the ratification with a strong memorial against the provision order, which should convey, in explicit terms, the sense of the American government on that subject. By this course, the views of the executive were happily accomplished. The order was revoked, and the ratifications of the treaty were exchanged.

The treaty unpopular in the United States.

The President was most probably determined to adopt this course by the extreme intemperance with which the treaty was opposed, and the rapid progress which this violence was apparently making. It was obvious that, unless this temper could be checked, it would soon become so extensive, and would arrive at such a point of fury, as to threaten dangerous consequences. It was obviously necessary either to attempt a diminution of its action by rendering its exertions hopeless, and by giving to the treaty the weight of his character and influence, or to determine ultimately to yield to it. A species of necessity therefore seems to have been created for abandoning the idea, if it was ever taken up, of making the ratification of the treaty dependent on the revocation of the provision order.

The soundness of the policy which urged this decisive measure was proved by the event. The confidence which was felt in the judgment and virtue of the chief magistrate, induced many, who, swept away by the popular current, had yielded to the common prejudices, to re-examine, and discard opinions which had been too hastily embraced; and many were called forth by a desire to support the administration in measures actually adopted, to take a more active part in the general contest than they would otherwise have pursued. The consequence was, that more moderate opinions respecting the treaty began to prevail.

In a letter from Mount Vernon of the 20th of September, addressed to General Knox, who had communicated to him the change of opinion which was appearing in the eastern states, the President expressed in warm terms the pleasure derived from that circumstance, and added: "Next to a conscientious discharge of my public duties, to carry along with me the approbation of my constituents, would be the highest gratification of which my mind is susceptible. But the latter being secondary, I can not make the former yield to it, unless some criterion more infallible than partial (if they are not party) meetings can be discovered as the touchstone of public sentiment. If any person on earth could, or the great power above would, erect the standard of infallibility in political opinions, no being that inhabits this terrestrial globe would resort to it with more eagerness than myself, so long as I remain a servant of the public. But as I have hitherto found no better guide than upright intentions, and close investigation, I shall adhere to them while I keep the watch, leaving it to those who will come after me, to explore new ways, if they like, or think them better."

Charge against the president rejected.

If the ratification of the treaty increased the number of its open advocates, it seemed also to give increased acrimony to the opposition. Such hold had the President taken of the affections of the people, that even his enemies had deemed it generally necessary to preserve, with regard to him, external marks of decency and respect. Previous to the mission of Mr. Jay, charges against the chief magistrate, though frequently insinuated, had seldom been directly made; and the cover under which the attacks upon his character were conducted, evidenced the caution with which it was deemed necessary to proceed. That mission visibly affected the decorum which had been usually observed towards him; and the ratification of the treaty brought sensations into open view, which had long been ill concealed. His military and political character was attacked with equal violence, and it was averred that he was totally destitute of merit, either as a soldier, or a statesman. The calumnies with which he was assailed were not confined to his public conduct; even his qualities as a man were the subjects of detraction. That he had violated the constitution in negotiating a treaty without the previous advice of the senate, and in embracing within that treaty subjects belonging exclusively to the legislature, was openly maintained, for which an impeachment was publicly suggested; and that he had drawn from the treasury for his private use, more than the salary annexed to his office, was asserted without a blush.[36] This last allegation was said to be supported by extracts from the treasury accounts which had been laid before the legislature, and was maintained with the most persevering effrontery.