Chapter 4

LAFAYETTELAFAYETTE

The unfriendly act was noted, so that Lafayette would understand that no tame submission was intended, and yet no resentment was expressed. The same tone can be noticed in a widely different direction. Washington foresaw that the troubles in France, sooner or later, would involve her in war with England. The United States, as the former allies of the French, were certain to attract the attention of the mother country, and so he watched on that side also with equal caution. England, if possible, was to be made to understand that the American policy was not dictated by anything but the interests and the dignity of the United States, and their resolve to hold aloof from European complications. In June, 1792, he wrote to Morris: "One thing, however, I must not pass over in silence, lest you should infer from it that Mr. D. had authority for reporting that the United States had asked the mediation of Great Britain to bring about a peace between them and the Indians. You may be fully assured, sir, that such mediation never was asked, that the asking of it never was in contemplation, and I think I might go further and say that it not only never will be asked, but would be rejected if offered. The United States will never have occasion, I hope, to ask for the interposition of that power, or any other, to establish peace within their own territory."

Here is again the same note, always so true and clear, that the United States are not colonies but an independent nation. So far as it was in the power of the President, this was something which should be heard by all men, even at the risk of much reiteration. It was a fact not understood at home and not recognized abroad, but Washington proposed to insist upon it so far as in him lay, until it was both understood and admitted.

Meantime the flames were ever spreading from Paris, consuming and threatening to consume the heaped up rubbish of centuries, and also burning up many other more valuable things, as is the way with great fires when they get beyond control. Many persons were interested in the things of worth now threatened with destruction, and many others in the rubbish and the tyrannous abuses. It was clear that war of a wide and far-reaching kind could not be long put off. In March, 1793, Washington wrote: "All our late accounts from Europe hold up the expectation of a general war in that quarter. For the sake of humanity, I hope such an event will not take place. But if it should, I trust that we shall have too just a sense of our own interest to originate any cause that may involve us in it."

Even while he wrote, the general war that he anticipated, the war between France and England, had come. The news reached him at Mount Vernon, and in the letter to Jefferson announcing his immediate departure for Philadelphia he said: "War having actually commenced between France and Great Britain, it behooves the government of this country to use every means in its power to prevent the citizens thereof from embroiling us with either of those powers, by endeavoring to maintain a strict neutrality. I therefore require that you will give the subject mature consideration, that such measures as shall be deemed most likely to effect this desirable purpose may be adopted without delay." These instructions were written on April 12, and on the 18th Washington was in Philadelphia, and had sent out a series of questions to be considered by his cabinet and answered on the following day. After much discussion, it was unanimously agreed to issue a proclamation of neutrality, to receive the new French minister, and not to convene Congress in extra session. The remaining questions were put over for further consideration.

Hamilton framed the questions, say the historians; Randolph drafted the proclamation, says his biographer, in a very instructive and fresh discussion of the relations between the Secretary of State and the Attorney-General. It is interesting to know what share the President's advisers took when he consulted them on this momentous question, but the leading idea was his own. When the moment came, the policy long meditated and matured was put in force. The world was told that a new power had come into being, which meant to hold aloof from Europe, and which took no interest in the balance of power or the fate of dynasties, but looked only to the welfare of its own people and to the conquest and mastery of a continent as its allotted tasks. The policy declared by the proclamation was purely American in its conception, and severed the colonial tradition at a stroke. In the din then prevailing among civilized men, it was but little heeded, and even at home it was almost totally misunderstood; yet nevertheless it did its work. For twenty-five years afterward the American people slowly advanced toward the ground then taken, until the ideas of the neutrality proclamation received their final acceptance and extension at the hands of the younger Adams, in the promulgation of the Monroe doctrine. The shaping of this policy which was then launched was a great work of far-sighted and native statesmanship, and it was preëminently the work of the President himself.

Moreover, it did not stop here. A circular to the officers of the customs provided for securing notice of infractions of the law, and the task of enforcing the principles laid down in the proclamation began. As it happened, the theory of neutrality was destined at once to receive rude tests of its soundness in practice. The new French minister was landing on our shores, and beginning his brief career in this country, while the proclamation was going from town to town and telling the people, in sharp and unaccustomed tones, that they were Americans and not colonists, and must govern themselves accordingly.

Everything, in fact, seemed to conspire to make the path of the new policy rough and thorny. In the excitement of the time a large portion of the population regarded it as a party measure aimed against our beloved allies, while, to make the situation worse, France on one side and England on the other proceeded, as if deliberately, to do everything in their power to render neutrality impossible, and to drive us into war with some one.

The new minister, Genet, could not have been better chosen, if the special errand for which he had been employed had been to make trouble. Light-headed and vain, with but little ability and a vast store of unintelligent zeal, the whirl of the French revolution flung him on our shores, where he had a glorious chance for mischief. This opportunity he at once seized. As soon as he landed he proceeded to arm privateers at Charleston. Thence he took his way north, and the enthusiastic popular acclaim which everywhere greeted his arrival almost crazed him, and drew forth a series of high-flown and most injudicious speeches. By the time he reached Philadelphia, and before he had presented his credentials, he had induced enough violations of neutrality, and sown the seeds of enough trouble, to embarrass our government for months to come.

Washington had written to Governor Lee on May 6: "I foresaw in the moment information of that event (the war) came to me, the necessity for announcing the disposition of this country towards the belligerent powers, and the propriety of restraining, as far as a proclamation would do it, our citizens from taking part in that contest.... The affairs of France would seem to me to be in the highest paroxysm of disorder; not so much from the presence of foreign enemies, for in the cause of liberty this ought to be fuel to the fire of a patriot soldier and to increase his ardor, but because those in whose hands the government is intrusted are ready to tear each other to pieces, and will more than probably prove the worst foes the country has."

He easily foresaw the moment of trial, when he would be forced to the declaration of his policy, which was so momentous for the United States, and he also understood the condition of affairs at Paris, and the probable tendencies and proximate results of the Revolution. It was evident that the great social convulsion had brought forth men of genius and force, and had maddened them with the lust of blood and power. But it was less easy to foresee, what was equally natural, that the revolution would also throw to the surface men who had neither genius nor force, but who were as wild and dangerous as their betters. No one, surely, could have been prepared to meet in the person of the minister of a great nation such a feather-headed mischief-maker as Genet.

In everything relating to France Washington had observed the utmost caution, and his friendliness had been all the more marked because he had felt obliged to be guarded. He had exercised this care even in personal matters, and had refrained, so far as possible, from seeing theémigréswho had begun to come to this country. Such men as the Vicomte de Noailles had been referred to the State Department, and in many cases the maintenance of this attitude had tried his feelings severely, for the exiles were not infrequently men who had fought or sympathized with us in our day of conflict. Now came the new minister of the republic, a being apparently devoid of training or manners. Before he had been received, or had appeared at the seat of government, before he had even taken possession of his predecessor's papers, he had behaved in a way which would not have been inappropriate to a Roman governor of a conquered province. He had ordered the French consuls to act as admiralty courts, he had armed cruisers, enlisted and commissioned American citizens, and had seen the vessels of a power with which the United States were at peace captured in American waters, and condemned in the States by French consular courts. Three weeks before Genet's audience Jefferson had a memorial from the British minister, justly complaining of the injuries done his country under cover of our flag; and while the government was considering this pleasant incident, Genet was faring gayly northward, fêted and caressed, cheered and applauded, the subject of ovations and receptions everywhere. At Philadelphia he was received by a great concourse of citizens, called together by the guns of the very privateer that had violated our neutrality, and led by provincial persons, who thought it fine to name themselves "citizen" Smith and "citizen" Brown, because that particular folly was the fashion in France. A day was passed in receiving addresses, and then Genet was presented to the President.

A stranger contrast could not easily have been found even in that strange time, and two men more utterly unlike probably never faced each other as representatives of two great nations. In the difference between them the philosopher may find, perhaps, some explanation of the difference in the character and results of the revolutions which came so near together in the two countries. Nothing, moreover, could well be conceived more distasteful to Washington than the Frenchman's conduct except the Frenchman himself. There was about the man and his performances everything most calculated to bring one of those gusts of passionate contempt which now and again had made things unpleasant for some one who had failed in sense, decency, and duty. This was impossible to a President, but nevertheless his self-restraint from the beginning to the end of his intercourse with Genet was very remarkable in a man of his temperament. At their first interview his demeanor may have been a little colder than usual, and the dignified reserve somewhat more marked, but there was no trace of any feeling. His manner, nevertheless, chilled Genet and came upon him like a cold bath after the warm atmosphere of popular plaudits and turgid addresses. He went away grumbling, and complained that he had seen medallions of the Capets on the walls of the President's room.

But although Washington was calm and polite, he was also watchful and prepared, as he had good reason to be, for Genet immediately began, in addition to his wild public utterances, to pour in notes upon the State Department. He demanded money; he announced in florid style the opening of the French ports; he wrote that he was ready to make a new treaty; and finally he filed an answer to the complaints of the British minister. His arguments were wretched, but they seemed to weigh with Jefferson, although not with the President; and meantime the dragon's teeth which he had plentifully sown began to come up and bear an abundant harvest. More prizes were made by his cruisers, and after many remonstrances one was ordered away, and two Americans whom Genet had enlisted were indicted. Genet declared that this was an act which his pen almost refused to state; but still it was done, and the administration pushed on and ordered the seizure of privateers fitting in American ports. Governor Clinton made a good beginning with one at New York, and in hot haste Genet wrote another note more furious and impertinent than any he had yet sent. He was answered civilly, and the work of stopping the sale of prizes went on.

Meantime the opposition were not idle. The French sympathizers bestirred themselves, and attacks began to be made even on the President himself. The popular noise and clamor were all against the administration, but the support of it was really growing stronger, although the President and his secretaries could not see it. Jefferson, on whom the conduct of foreign affairs rested, was uneasy and wavering. He wrote able letters, as he was directed, but held, it is to be feared, quite different language in his conversations with Genet. Randolph argued and hesitated, while Hamilton, backed by Knox, was filled with wrath and wished more decisive measures. Still, as we look at it now across a century, we can observe that the policy went calmly forward, consistent and unchecked. The French minister was held back, privateers were stopped, the English minister's complaints were answered, every effort was made for exact justice, and neutrality was preserved. It was hard and trying work, especially to a man of strong temper and fighting propensities. Still it was done, and toward the end of June Washington went for a little rest to Mount Vernon.

Then came a sudden explosion. One July morning the rumor ran through Philadelphia that the Little Sarah, a prize of the French man-of-war, was fitting out as a privateer. The reaction in favor of the administration was beginning, and men, indignant at the proceeding, carried the news to Governor Mifflin, and also to the Secretary of State. Great disturbance of mind thereupon ensued to these two gentlemen, who were both much interested in France and the rights of man. The brig would not sail before the arrival of the President, said the Secretary of State. Still the arming went on apace, and then came movements on the part of the governor. Dallas, Secretary of State for Pennsylvania, went at midnight to expostulate with Genet, who burst into a passion, and declared that the vessel should sail. This defiance roused the governor, and a company of militia marched to the vessel and took possession. Greatly excited, Jefferson went next morning to Genet, who very honestly declined to promise to detain the vessel, but said that she would not be ready to sail until Wednesday. This announcement, which was distinctly not a promise, the Secretary of State chose to accept as such, and as he was very far from being a fool, he did so either from timidity, or from a very unworthy political preference for another nation's interests to the dignity of his own country. At all events, he had the troops withdrawn, and the Little Sarah, now rejoicing in the name of the Petit Democrat, dropped down to Chester. Hamilton and Knox, being neither afraid nor un-American, were for putting a battery on Mud Island and sinking the privateer if she attempted to go by. Great saving of trouble and bloodshed would have been accomplished by the setting up of this battery and the sinking of this vessel, for it would have informed the world that though the United States were weak and young, they were ready nevertheless to fight as a nation, a fact which we subsequently were obliged to prove by a three years' war.

Jefferson, however, opposed decisive measures, and while the cabinet wrangled, Washington, hurrying back from Mount Vernon, reached Philadelphia. He was full of just anger at what had been done and left undone. Jefferson, feeling uneasy, had gone to the country, where he was fond of making a retreat at unpleasant moments, and Washington at once wrote him a letter, which could not have been very agreeable to the discoverer of diplomatic promises in a refusal to give any. "What," said the President, "is to be done in the case of the Little Sarah, now at Chester? Is the minister of the French Republic to set the acts of this government at defiancewith impunity? and then threaten the executive with an appeal to the people? What must the world think of such conduct, and of the government of the United States in submitting to it?" Then came a demand for an immediate opinion.

To the tender feelings of the Secretary of State, who had not been considering the affair from an American standpoint, this must have seemed a violent and almost a coarse way of treating the "great republic," and he replied that the French minister had assured him that the vessel would not sail until the President reached a decision. Having got the vessel to Chester, however, by telling the truth, Genet now changed his tack. He lied about detaining her, and she went to sea. This performance filled the cup of Washington's disgust almost to overflowing, for he had what Jefferson seems to have totally lost at this juncture—a keen national feeling, and it was touched to the quick. The truth was, that in all this business Jefferson was thinking too much of France and of the cause of human liberty in Paris, while Washington thought of the United States alone. The result was the escape of the vessel, owing to Washington's absence, and the consequent humiliation to the government. To refrain from ordering Genet out of the country at once required a strong effort of self-control; but he wished to keep the peace as long as possible, and he proposed to get rid of him speedily but decorously. He resolved also that no more such outrages should be committed through his absence, and the consequent differences among his advisers. He continued, of course, to consult his cabinet, but he took the immediate control, more definitely even than before, into his own hands. On July 25 he wrote to Jefferson, whose vigor at this critical time he evidently doubted: "As the letter of the minister of the Republic of France, dated the 22d of June, lies yet unanswered, and as the official conduct of that gentleman, relative to the affairs of this government, will have to undergo a very serious consideration, ... in order to decide upon measures proper to be taken thereupon, it is my desire that all the letters to and from that minister may be ready to be laid before me, the heads of departments, and the attorney-general, whom I shall advise with on the occasion." He also saw to it that better precautions should be taken by the officers of the customs to prevent similar attempts to break neutrality, and set the administration and the laws of the country at defiance.

The cabinet consultations soon bore good fruit, and Genet's recall was determined on during the first days of August. There was some discussion over the manner of requesting the recall, but the terms were made gentle by Jefferson, to the disgust of the Secretary of the Treasury and the Secretary of War, who desired direct methods and stronger language. As finally toned up and agreed upon by the President and cabinet, the document was sufficiently vigorous to annoy Genet, and led to bitter reproaches addressed to his friend in the State Department. Then there was question about publishing the correspondence, and again Jefferson intervened in behalf of mildness. The substantive fact, however, was settled, and the letter asking Genet's recall, as desired by Washington, went in due time, and in the following February came a successor. Genet, however, did not go back to his native land, for he preferred to remain here and save his head, valueless as that article would seem to have been. He spent the rest of his days in America, married, harmless, and quite obscure. His noise and fireworks were soon over, and one wonders now how he could ever have made as much flare and explosion as he did.

But even while his recall was being decided, before he knew of it himself, and long before his successor came, Genet's folly produced more trouble than ever, and his insolence rose to a higher pitch. The arming of privateers had been checked, but the consuls continued to arrogate powers which no self-respecting nation could permit, and for some gross offense Washington revoked theexequaturof Duplaine, consul at Boston. An insolent note from Genet thereupon declared that the President had overstepped his authority, and that he should appeal to the sovereign State of Massachusetts. Next there was riot and the attempted murder of a man from St. Domingo who was accused by the refugees. Then it began to get abroad that Genet had threatened to appeal from the President to the people, and frantic denials ensued from all the opposition press; whereupon a card appeared from John Jay and Rufus King, which stated that they were authority for the story and believed it. Apologies now took the place of denial, and were backed by ferocious attacks on the signers of the card. Unluckily, intelligent people seemed to put faith in Jay and King rather than in the opposition newspapers, and the tide, which had turned some time before, now ran faster every moment against the French. To make it flow with overwhelming force and rapidity was reserved for Genet himself, who was furious at the Jay card, and wrote to the President, demanding a denial of the statement which it contained. A cool note informed him that the President did not consider it proper or material to make denials, and pointed out to him that he must address his communications to the State Department. This correspondence was published, and the mass of the people were at last aroused, and turned from Genet in disgust. The leaders tried vainly to separate the minister from his country, and Genet himself frothed and foamed, demanded that Randolph should sue Jay and King for libel, and declared that America was no longer free. This sad statement had little effect. Washington had triumphed completely, and without haste but with perfect firmness had brought the people round to his side as that of the national dignity and honor.

The victory had been won at no little cost to Washington himself in the way of self-control. He had been irritated and angered at every step, so much so that he even referred in a letter to Richard Henry Lee to the trial of temper to which he had been put, a bit of personal allusion in which he rarely indulged. "The specimens you have seen," he wrote, "of Mr. Genet's sentiments and conduct in the gazettes form a small part only of the aggregate. But you can judge from them to what test the temper of the executive has been put in its various transactions with this gentleman. It is probable that the whole will be exhibited to public view in the course of the next session of Congress. Delicacy towards his nation has restrained the doing of it hitherto. The best that can be said of this agent is, that he is entirely unfit for the mission on which he is employed; unless (which I hope is not the case), contrary to the express and unequivocal declaration of his country made through himself, it is meant to involve ours in all the horrors of a European war."

But there was another side to the neutrality question even more full of difficulties and unpopularity, which began to open just as the worst of the contests with Genet was being brought to a successful close. Genet had not confined his efforts to the seaboard, nor been content with civic banquets, privateers, rioting, and insolent notes to the government. He had fitted out ships, and he intended also to levy armies. With this end in view he had sent his agents through the south and west to raise men in order to invade the Floridas on the one hand and seize New Orleans on the other. To conceive of such a performance by a foreign minister on the soil of the United States, requires an effort of the imagination to-day almost equal to that which would be necessary for an acceptance of the reality of the Arabian nights. It brings home with startling clearness not merely the crazy insolence of Genet, but a painful sense of the manner in which we were regarded by the nations of Europe. Still worse is the fact that they had good reason for their view. The imbecility of the confederation had bred contempt, and it was now seen that we were still so wholly provincial that a large part of the people was not only ready to condone but even to defend the conduct of the minister who engaged in such work. Worst of all, the people among whom the French agents went received their propositions with much pleasure. In South Carolina, where it was said five thousand men had been enlisted, there was sufficient self-respect to stop the precious scheme. The assembly arrested certain persons and ordered an inquiry, which came to nothing; but the effect of their action was sufficient. In Kentucky, on the other hand, the authorities would not interfere. The people there were always quite ready for a march against New Orleans, and that it did not proceed was due to Genet's inability to get money; for the governor declined to meddle, and the democratic society of Lexington demanded war. Matters looked so serious that the cavalry was sent to Kentucky, and the rest of the army wintered in Ohio. It was actually necessary to teach the American people by the presence of the troops of the United States that they must not enroll themselves in the army of a foreign minister.

Nothing can show more strikingly than this the almost inconceivable difficulties with which the President was contending. To develop a policy of wise and dignified neutrality, and to impress it upon the world, was a great enough task in itself. But Washington was obliged to impress it also upon his own people, and to teach them that they must have a policy of their own toward other nations. He had to carry this through in the teeth of an opposition so utterly colonial that it could not grasp the idea of having any policy but that which, from sympathy or hate, they took from foreigners. Beyond the mountains, he had to bring this home to men to whom American nationality was such a dead letter that they were willing to defy their own government, throw off their allegiance, and enlist for an offensive war under the banners of a crazy French Girondist. It is neither easy nor pleasant to carry out a new foreign policy in time of general war, with one's own people united in its support; but when the foreign divisions are repeated at home, the task is enhanced in difficulty a thousand-fold. Nevertheless, there was the work to do, and the President faced it. He dealt with Genet, he prevailed in public opinion on the seaboard, and in some fashion he maintained order west of the mountains.

Washington also saw, as we can see now very plainly, that, wrong and unpatriotic as the Kentucky attitude was, there was still an excuse for it. Those bold pioneers, to whom the country owes so much, had very substantial grievances. They knew nothing of the laws of nations, and did not yet realize that they had a country and a nationality; but they had the instincts of all great conquering races. They looked upon the Mississippi and felt that it was of right theirs, and that it must belong to the vast empire which they were winning from the wilderness. They saw the mighty river held and controlled by Spaniards, and they were harassed and interfered with by Spanish officials, whom they both hated and despised. To men of their mould and training there was but one solution conceivable. They must fight the Spaniard, and drive him from the land forever. Their purposes were quite right, but their methods were faulty. Washington, born to a life of adventure and backwoods conquest, had a good deal of real sympathy with these men, for he knew them to be in the main right, and his ultimate purposes were the same as theirs. But he had a nation in his charge to whom peace was precious. To have the backwoodsmen of Kentucky go down the river and harry the Spaniards out of the country, as their descendants afterwards harried the Mexicans out of Texas, would have been a refreshing sight, but it would have interfered sadly with the nation which was rising on the Atlantic seaboard, and of which Kentucky was a part. War was to be avoided, and above all a war into which we should have been dragged as the vassal of France; so Washington intended to wait, and he managed to make the Kentuckians wait too, a process by no means agreeable to that enterprising people.

His own policy about the Mississippi, which has already been described, never wavered. He meant to have the great river, for his ideas of the empire of the future were quite as extended as those of the pioneers, and much more definite, but his way of getting it was to build up the Atlantic States and bind them, with their established resources, to the settlers over the mountains. This done, time would do the rest; and the sequel showed that he was right. A little more than a year after he came to the presidency he wrote to Lafayette: "Gradually recovering from the distresses in which the war left us, patiently advancing in our task of civil government, unentangled in the crooked politics of Europe,wanting scarcely anything but the free navigation of the Mississippi, which we must have, and as certainly shall have, if we remain a nation,"1etc.

[Footnote 1:(return)The italics are mine.]

Time and peace, sufficient for the up-building of the nation, that is the theme everywhere. Yet he knew that a sacrifice of everything for peace was the surest road both to war and ruin. Peace must be kept; yet war was still the last resort, and he was ready to go to war with the Spaniards, as with the Indians, if all else failed. But he did not mean to have all else fail, nor did he mean to submit to Spanish insolence and exactions. The grievances of the pioneers of the West were to be removed, if possible, by treaty, and if that way was impossible, then by fighting.

Carmichael, who had been minister at Madrid under the confederation, had been continued there by the new government. But while the intrigues of Spain to detach Kentucky, and the interference and exactions of Spanish officials, went on, our negotiation for the settlement of our rights to the navigation of the Mississippi halted. Tired of this inaction, Washington, late in 1791, united William Short, our minister to Holland, in a commission with Carmichael, to open a fresh and special negotiation as to the Mississippi, and at the same time a confidential agent was sent to Florida to seek some arrangements with the governor as to fugitive slaves, a matter of burning interest to the planters on the border. The joint commission bore no fruit, and the troubles in the West increased. Fostered by Genet, they came near bringing on war and detaching the western settlements from the Union, so that it was clearly necessary to take more vigorous measures.

Accordingly, in 1794, after Genet had been dismissed, Washington sent Thomas Pinckney, who for some years had been minister in London, on a special treaty-making mission to Madrid. The first results were vexatious and unpromising enough, and Pinckney wrote at the outset that he had had two interviews with the Duke de Alcudia, but to no purpose. It was the old game of delay, he said, with inquiries as to why we had not replied to propositions, which in fact never had been made. Even what Pinckney wrote, unsatisfactory as it was, could not be wholly made out, for some passages were in a cipher to which the State Department had no key. Washington wrote to Pickering, then acting as Secretary of State: "A kind of fatality seems to have pursued this negotiation, and, in short, all our concerns with Spain, from the appointment of Mr. Carmichael, under the new government, as minister to that country, to the present day.... Enough, however, appears already to show the temper and policy of the Spanish court, and its undignified conduct as it respects themselves, and insulting as it relates to us; and I fear it will prove that the late treaty of peace with France portends nothing favorable to these United States." Washington's patience had been sorely tried by the delays and shifty evasions of Spain, but he was now on the brink of success, just as he concluded that negotiation was hopeless.

He had made a good choice in Thomas Pinckney, better even than he knew. Triumphing over all obstacles, with persistence, boldness, and good management, Pinckney made a treaty and brought it home with him. Still more remarkable was the fact that it was an extremely good treaty, and conceded all we asked. By it the Florida boundary was settled, and the free navigation of the Mississippi was obtained. We also gained the right to a place of deposit at New Orleans, a pledge to leave the Indians alone, a commercial agreement modeled on that with France, and a board of arbitration to settle American claims. All this Pinckney obtained, not as the representative of a great and powerful state, but as the envoy of a new nation, distant, unknown, disliked, and embroiled in various complications with other powers. Our history can show very few diplomatic achievements to be compared with this, for it was brilliant in execution, and complete and valuable in result. Yet it has passed into history almost unnoticed, and both the treaty and its maker have been singularly and most unjustly neglected. Even the accurate and painstaking Hildreth omits the date and circumstances of Pinckney's appointment, while the last elaborate history of the United States scarcely alludes to the matter, and finds no place in its index for the name of its author. It was in fact one of the best pieces of work done during Washington's administration, and perfected its policy on a most difficult and essential point. It is high time that justice were done to the gallant soldier and accomplished diplomatist who conducted the negotiation and rendered such a solid service to his country. Thomas Pinckney, who really did something, who did work worth doing and without many words, has been forgotten, while many of his contemporaries, who simply made a noise, are freshly remembered in the pages of history.

There was, however, another nation out on our western and northern border more difficult to deal with than Spain; and in this quarter there was less evasion and delay, but more arrogance and bad temper. It was to England that Washington turned first when he took up the presidency, and it was in her control of the western posts and her influence among the Indian tribes that he saw the greatest dangers to the continental movement of our people. Morris, as we have seen, sounded the British government with but little success. Still they promised to send a minister, and in due time Mr. George Hammond arrived in that capacity, and opened a long and somewhat fruitless correspondence with the Secretary of State on the various matters of difference existing between the two countries. This interchange of letters went on peaceably and somewhat monotonously for many months, and then suddenly became very vivid and animated. This was the effect of the arrival of Genet; and at this point begins the long series of mistakes made by Great Britain in her dealings with the United States.

The principle of the declaration of neutrality could be easily upheld on broad political grounds, but technically its defense was by no means so simple. By the treaty of commerce with France we were bound to admit her privateers and prizes to our ports; and here, as any one could see, and as the sequel amply proved, was a fertile source of dangerous complications. Then by the treaty of alliance we guaranteed to France her West Indian possessions, binding ourselves to aid her in their defense; and a proclamation of neutrality when France was actually at war with a great naval power was an immediate and obvious limitation upon this guarantee. Hamilton argued that while France had an undoubted right to change her government, the treaty applied to a totally different state of affairs, and was therefore in suspense. He also argued that we were not bound in case of offensive war, and that this war was offensive. Jefferson and Randolph held that the treaties were as binding and as much in force now as they had ever been; but they both assented to the proclamation of neutrality. There can be little question that on the general legal principle Jefferson and Randolph were right. Hamilton's argument was ingenious and very fine-spun. But when he made the point about the character of the war as relieving us from the guarantee, he was unanswerable; and this of itself was a sufficient ground. He went beyond it in order to make his reasoning fit existing conditions consistently and throughout, and then it was that his position became untenable. In reality the French revolution was showing itself so wholly abnormal and was so rapid in its changes, that as a matter of practical statesmanship it was worse than idle even to suppose that previous treaties, made with an established government, were in force with this ever-shifting thing which the revolution had brought forth. Still the general doctrine as to the binding force of treaties remained unaltered, and this conflict between fact and principle was what constituted the great difficulty in the way of Washington and Hamilton. The latter met it with one clever and adroit argument which it was difficult to sustain, and avoided it with a second, which was narrower, but at the same time sound and all-sufficient, as to the character of the war. Jefferson and Randolph stood by the general principle, but abandoned it in practice under pressure of imperious facts, as men generally do, while France herself soon removed all technical difficulties by abrogating by her measures the treaty of commerce, an act which relieved us of any further obligations and justified Hamilton's position. But in the beginning this was not known, and yet action was none the less necessary.

The result was right, and Washington had his way, which it must be confessed he had fully determined on before his cabinet supplied him with technical arguments.

All these points must have been plain enough to Hammond and the English ministry. They could not see the full scope of the neutrality policy in its national meaning, and they very naturally failed to perceive that it marked the rise of a new power wholly disconnected from Europe, to which their own views were confined. But they were quite able to understand the immediate aspect of the case. They saw Washington adopt and carry out a policy of dignified impartiality; they were well able to value rightly the technical objections which stood in his path, and they could see also that this policy was at the outset very unpopular in America. The remembrance of old injuries and of the war for independence was still fresh, and the hatred of England was well nigh universal in the United States. On the other hand, a lively sense of gratitude to France, and a sympathy with the objects of the revolution, made affection for that country uniform and general. The easy and popular course was for our government to range itself more or less directly with the French, and the refusal to do so was bold and in the highest degree creditable to the administration. It was, moreover, an important advantage to England that the United States should not ally themselves with her enemy, for next to herself, the Americans were the great seafaring people of the world, and were in a position to ravage her commerce, and, aided by France, to break up her West Indian possessions. If the United States had followed the natural prejudices of the time and had espoused the cause of France, it would have been wise and right for England to attack them and break them down if possible. But when, from a sense of national dignity and of fair dealing, the United States stood apart from the conflict and placed their former foe on the same footing as their friend and ancient ally, a very small allowance of good sense would have led the British ministry to encourage them in so doing. By favorable treatment, and by a friendly and conciliatory policy, they should have helped Washington in his struggle against popular prejudices, and endeavored by so doing to keep the United States neutral, and lead them, if possible, to their side; but with a fatuity almost incomprehensible they pursued an almost exactly opposite course. By similar conduct England had brought on the war for independence, which ended in the division of her empire. In precisely the same way she now proceeded to make it as arduous as possible for Washington to maintain neutrality, and thereby played directly into the hands of the party that supported France. The true policy demanded no sacrifices on the part of Great Britain. Civility and consideration in her dealings, and a careful abstention from wanton aggression and insult, were all-sufficient. But England disliked us, as was quite natural; she did not wish us to thrive and prosper, and she knew that we were weak and not in a position to enter upon an offensive war.

As soon as it became known that Genet's privateers, manned by seamen enlisted in our ports, were preying on British commerce, and that the French man-of-war L'Ambuscade had taken an English vessel, The Grange, within the capes of the Delaware, Hammond filed a memorial in regard to these incidents. In so doing he was of course quite right, and the government responded immediately, and proceeded in good faith to make every effort to repair these breaches of neutrality, and to redress the wrongs suffered by Great Britain. Hammond, however, instead of doing all in his power, not merely to gain his own ends, but to make it easy for our government to satisfy him, assumed at once a disagreeable tone with a strong flavor of bullying, which was not calculated to conciliate the statesmen with whom he was dealing. It was a small matter enough, but unfortunately it was an indication of what was to come.

On November 6, 1793, a British order in council was passed, but not immediately published, directing the seizure of all vessels carrying the produce of the French islands, or loaded with provisions for the use of the French colonies. The object of the order was to destroy all neutral trade, and it was aimed particularly at the commerce of the United States. The moment selected for its adoption was when the troubles with Genet had culminated, when we were on the point of getting rid of that very objectionable person, and when we had proved that we meant to maintain an honest and a real neutrality. It was as well calculated as any move could have been to drive us back into the arms of France, yet the manner of executing the order was far worse than the order itself. Our merchantmen and traders had been quick to take advantage of the opening of the French ports, and they had gone in swarms to the French islands. Now, without a word of warning, their vessels were seized by the cruisers of a nation with which we were supposed to be at peace. Every petty governor of an English island sat as a judge in admiralty. Many of them were corrupt, all were unfit for the duty, and our vessels were condemned and pillaged. The crews were made prisoners, and in many cases thrown into loathsome and unhealthy places of confinement, while the ships were left to rot in the harbors. The tale of the outrages and miseries thus inflicted on citizens of the United States without any warning, and by a nation considered to be at peace with us, fills an American with shame and anger even to-day. If our people remonstrated, they were told that England meant to have no neutrals, and that six of their frigates could blockade our coast. A course of kind treatment would have made us the friends of Great Britain, but the experiment was not even tried. The truth was that we were weak, and this was not only a misfortune but apparently an unpardonable sin. England could not conquer us, but she could harry our coasts, and let loose her Indians on our borders; and we had no navy with which to retaliate. She meant that there should be no neutrals, and so adopted a policy which would make us the active ally of France. It was no answer to say, what was perfectly true, that French privateers preyed upon our commerce with that fine indifference to rights and treaties which characterized the governments of the Revolution. If both sides maltreated us, the natural course was to unite with the power to which we at least owed a debt of gratitude.

About the same time a speech was reported from Quebec, in which Lord Dorchester told the Indians that they should soon take the war-path for England against the United States. Lord Grenville denied in Parliament, and subsequently to Jay, that the ministry had ever taken any step to incite the Indians against the United States, and the authenticity of Lord Dorchester's utterances has been questioned in later days; but it was not disavowed at the time, even by Hammond in a sharp correspondence which he held on that and other topics with Randolph. The speech, as is now known and proved, was probably made, whether it was authorized or not, and it was universally accepted at the moment as both true and authoritative.

This menace of desolating savage war in the West, in addition to the unquestioned outrages to our seamen, the loss of our ships, and the destruction of our commerce, with consequent ruin to all our seaboard towns, led to a general outburst of indignation from men of all parties, and Congress began to prepare for war. Many of the methods suggested were feeble and inadequate, but there could be no doubt of either the spirit or intentions which dictated them. News that an order of January 8, 1794, modified that of November 6, and confined the seizure to vessels carrying French property, and reports that some of our vessels were being restored, moderated the movements of Congress, but it was nevertheless evident that a resolution cutting off commercial intercourse with Great Britain would soon pass. In the existing state of things such a step in all probability meant war, and Washington was thus brought face to face with the most serious problem of his administration. It did not take him unawares, nor find him unprepared, for he had anticipated the situation, and his mind was made up. He had no intention of letting the country drift into war without a great effort to prevent it, and the time for that effort had now come. As in the case of Spain, he was resolved to send a special envoy to make a treaty. His first choice for this important mission was Hamilton, which, like most of his selections, would have been the best choice that could have been made. Hamilton, however, was so conspicuous as the great leader of the party which supported both the foreign and domestic policy of the administration, and he was so hated by the opposition, that a loud outcry was at once raised against his appointment. At that particular juncture it was very important that the envoy should depart with as much general good-will and public confidence as possible, so Hamilton sacrificed himself to this necessity, and withdrew his name voluntarily. His withdrawal was a mistake, but it was a wholly natural one under the circumstances. Washington then made the next best choice, and appointed John Jay, who was a man of most spotless character, honorable, high-minded, and skilled in public affairs. He was chief justice of the United States, and that fact gave additional weight to the mission. The only point in which he fell behind Hamilton was in aggressiveness of character, and this negotiation demanded, not merely firmness and tact, which Jay had in abundance, but a boldness verging on audacity. The immediate purpose, however, was answered, and Jay set forth on his journey with much good feeling toward himself, and with a very solemn sense among the people of the gravity of his undertaking. Washington himself saw Jay depart with many misgivings, and the act of sending such a mission at all was very trying to him, for the conduct of England galled him to the quick. He had long suspected Great Britain, as well as Spain, of inciting the Indians secretly to assail our settlements, and knowing as he did the character of savage warfare, and feeling deeply the bloodshed and expense of our Indian wars, he cherished a profound dislike for those who could be capable of promoting such misery to the injury of a friendly and-civilized nation. As England became more and more hostile, he made up his mind that she was bent on attacking us, and in March, 1794, he wrote to Governor Clinton that he had no doubts as to the authenticity of Lord Dorchester's speech, and that he believed England intended war. He therefore urged the governor to inquire carefully into the state of feeling in Canada, and as to the military strength of the country, especially on the border. He put no trust in the disclaimers of the ministry when he saw the long familiar signs of hostile intrigue among the Indians, and he was quite determined that, if war should come, all the suffering should not be on one side.

This belief in the coming of war, however, only strengthened him in his well-matured plans to leave nothing undone to prevent it. It was in this spirit that he despatched the special mission, although his first letter to Jay shows that he had no very strong hopes of peace, and that his uppermost thoughts were of the wrongs which had been perpetrated, and of the perils which hung over the border. He did not wish the commissioner to mince matters at all. "There does not remain a doubt," he wrote, "in the mind of any well-informed person in this country, not shut against conviction, that all the difficulties we encounter with the Indians, their hostilities, the murder of helpless women and innocent children along our frontiers, result from the conduct of the agents of Great Britain in this country.... Can it be expected, I ask, so long as these things are known in the United States, or at least firmly believed, and suffered with impunity by Great Britain, that there ever will or can be any cordiality between the two countries? I answer, No. And I will undertake, without the gift of prophecy, to predict that it will be impossible to keep this country in a state of amity with Great Britain long, if the posts are not surrendered. A knowledge of these being my sentiments would have little weight, I am persuaded, with the British administration, and perhaps not with the nation, in effecting the measure; but both may rest satisfied that, if they want to be in peace with this country, and to enjoy the benefits of its trade, to give up the posts is the only road to it. Withholding them, and the consequences we feel at present continuing, war will be inevitable."

Jay meantime had been well received in England. Lord Grenville expressed the most friendly feelings, and every desire that the negotiation might succeed. Jay was also received at court, where he was said to have kissed the queen's hand, a crime, so the opposition declared, for which his lips ought to have been blistered to the bone, a difficult and by no means common form of punishment. Receptions, dinner parties, and a ready welcome everywhere, did not, however, make a treaty. When it came to business, the English did not differ materially from their neighbors whom Canning satirized.


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