1 See vol. i. of this work, p. ixx. Paine was sharply taken
to task on this point by "Cato." Ib.% pp. 145-147.—
Editor..
When the revolution of America was finally established by the termination of the war, the world gave her credit for great character; and she had nothing to do but to stand firm upon that ground. The British ministry had their hands too full of trouble to have provoked a rupture with her, had she shown a proper resolution to defend her rights. But encouraged as they were by the submissive character of the American administration, they proceeded from insult to insult, till none more were left to be offered. The proposals made by Sweden and Denmark to the American administration were disregarded. I know not if so much as an answer has been returned to them. The minister penitentiary, (as some of the British prints called him,) Mr. Jay, was sent on a pilgrimage to London, to make up all by penance and petition. In the mean time the lengthy and drowsy writer of the pieces signed Camillas held himself in reserve to vindicate every thing; and to sound in America the tocsin of terror upon the inexhaustible resources of England. Her resources, says he, are greater than those of all the other powers. This man is so intoxicated with fear and finance, that he knows not the difference between plus and minus—between a hundred pounds in hand, and a hundred pounds worse than nothing.
The commerce of America, so far as it had been established by all the treaties that had been formed prior to that by Jay, was free, and the principles upon which it was established were good. That ground ought never to have been departed from. It was the justifiable ground of right, and no temporary difficulties ought to have induced an abandonment of it. The case is now otherwise. The ground, the scene, the pretensions, the everything, are changed. The commerce of America is, by Jay's treaty, put under foreign dominion. The sea is not free for her. Her right to navigate it is reduced to the right of escaping; that is, until some ship of England or France stops her vessels, and carries them into port. Every article of American produce, whether from the sea or the sand, fish, flesh, vegetable, or manufacture, is, by Jay's treaty, made either contraband or seizable. Nothing is exempt. In all other treaties of commerce, the article which enumerates the contraband articles, such as fire arms, gunpowder, &c, is followed by another article which enumerates the articles not contraband: but it is not so in Jay's treaty. There is no exempting article. Its place is supplied by the article for seizing and carrying into port; and the sweeping phrase of "provisions and other articles " includes every thing. There never was such a base and servile treaty of surrender since treaties began to exist.
This is the ground upon which America now stands. All her rights of commerce and navigation are to begin anew, and that with loss of character to begin with. If there is sense enough left in the heart to call a blush into the cheek, the Washington administration must be ashamed to appear.—And as to you, Sir, treacherous in private friendship (for so you have been to me, and that in the day of danger) and a hypocrite in public life, the world will be puzzled to decide whether you are an apostate or an impostor; whether you have abandoned good principles, or whether you ever had any.
Thomas Paine.
XXIII. OBSERVATIONS.(1)
1 State Archives, Paris, États Unis, vol. 43, fol. 100.
Undated, but evidently written early in the year 1795, when
Jay's Treaty was as yet unknown. Paine was then staying in
the house of the American Minister, Monroe.—' Editor,
The United States of America are negociating with Spain respecting the free Navigation of the Mississippi, and the territorial limits of this large river, in conformity with the Treaty of Peace with England dated 30th November, 1782. As the brilliant successes of the French Republic have forced England to grant us, what was in all justice our due, so the continuation of the prosperity of the Republic, will force Spain to make a Treaty with us on the points in controversy.
Since it is certain that all that we shall obtain from Spain will be due to the victories of France, and as the inhabitants of the western part of the United States (which part contains or covers more than half the United States), have decided to claim their rights to the free navigation of the Mississippi, would it not be a wiser policy for the Republican Government (who have only to command to obtain) to arrogate all the merit, by making our demands to Spain, one of the conditions, of France, to consent to restore peace to the Castilians. They have only to declare, they will not make Peace, or that they will support with all their might, the just reclamations of their allies against these Powers,—against England for the surrender of the frontier posts, and for the indemnities due through their depredations on our Trade, and against Spain for our territorial limits, and the free navigation of the Mississippi. This declaration would certainly not prolong the War a single day more, nor cost the Republic an obole, whilst it would assure all the merit of success to France, and besides produce all the good effects mentioned above.