 Chapter four of Washington and His Colleagues by Henry Jones Ford. This Lieber-Vox recording is in the public domain. Chapter four. Alarms and excursions. The Shakespearean stage direction which heads this chapter appropriately describes the course of administrative experience while Washington was trying to get from Congress the means of sustaining the responsibilities with which he was charged by his office. Events did not stand still because for a time anything like national government had ceased. Before Washington left Mount Vernon he had been disquieted by reports of Indian troubles in the West and of intrigues by Great Britain which still retained posts that according to the Treaty of Peace belong to the United States and by Spain which held the lower Mississippi. Washington applied himself to these matters as soon as he was well in office but he was much hindered in his arrangements by apathy or indifference in Congress. He noted in his diary for May 1, 1790 communications made to him of a disposition among members of Congress to pay little attention to the Western country because they were of the opinion it would soon shake off its dependence on this and in the meantime would be burdensome to it. From a letter of General Rufus Putnam, one of the organizers of the Ohio company, it appears that in July 1789 aims of Massachusetts put these queries to him. Can we retain the Western country with the government of the United States? And if we can, what use will it be to them? Putnam wrote a labored article to be effected it was both feasible and desirable to hold the West but the character of his arguments shows that there was then a poor prospect of success. At that time no one could have anticipated the Napoleonic Wars which ended all European competition for the possession of the Mississippi Valley and as it were tossed that region into the hands of the United States. There was strong opposition in Congress to pursuing any course that would require maintenance of an army or navy. Somehow that it was a great mistake to have a war department and that there would be time enough to create one in case war should actually arrive. In a message to the Senate August 7 1789 Washington had urged the importance of some uniform and effective system for the militia of the United States saying that he was particularly anxious it should receive early attention. On January 18 1790 General Knox submitted to Congress a plan to which there are frequent references in Washington's diary showing the special interest he took in the subject. The report laid down principles which have long since been embraced by European nations but which have just recently been recognized by the United States. It asserts that it is the indispensable duty of every nation to establish all necessary institutions for its protection and defense. That it is a capital security to a free state for the great body of the people to possess a competent knowledge of the military art that every man of the proper age and ability of body is firmly bound by the social compact to perform personally his proportion of military duty for the defense of the state. But all men of the legal military age should be armed enrolled and held responsible for different degrees of military service. In furtherance of these principles a scheme was submitted providing for military service by the citizens of the United States beginning at 18 years of age and terminating at 60. The response of Congress was the act of April 30 1790 authorizing a military establishment to the number of one thousand two hundred and sixteen non commissioned officers, privates and musicians with permission to the president to call state militia into service if need be in protecting the inhabitants of the frontiers. Washington in noting in his diary his approval of the act observed that it was not adequate to the exigencies of the government and the protection it is intended to afford. The Indian troubles in the Southwest were made particularly serious by the ability of the head chief of the Creek Nation, Alexander Mcgillivray, the authentic facts of whose career might seem too wildly improbable even for the uses of melodrama. His grandmother was a full-blooded Creek of high standing in the nation. She had a daughter by Captain Marshawn, a French officer. This daughter who is described as a bewitching beauty was taken to wife by Lachlan Mcgillivray, a Scotchman engaged in the Indian trade. A son was born who at the age of 10 was sent by his father to Charleston to be educated where he remained nearly seven years receiving instruction both in English and Latin. This son Alexander was intended by his father for civilized life and when he was 17 he was placed with a business house in Savannah. During the Revolutionary War the father took the tour site and his property was confiscated. The son took refuge with his Indian kinsfolk and acquired in their councils and ascendancy which also extended to the Seminole tribe. His position and influence made his favor an important object with all powers having American interests. During the war the British conferred upon him the rank and pay of a colonel in 1784 as the representative of the Creek and Seminole nations. He formed a treaty of alliance with Spain by the terms of which he became a Spanish commissary with the rank and pay of a colonel. Against the state of Georgia the Creek nation had grievances which McGill and Ray was able to voice with a vigor and an eloquence that compelled attention. It was the old story so often repeated in American history of encroachments upon Indian territory. Attempts that negotiation had been made by the old government and these were now renewed by Washington with no better result. McGill and Ray met the commissioners but left on finding that they had no intention of restoring the Indian lands that had been taken. A formidable Indian war seemed imminent but Washington whose own frontier experience made him well versed in Indian affairs judged correctly that the way to handle the situation was to induce McGill and Ray to come to New York though as he noted in his diary the matter must be so managed that the government might not appear to be an agent in it or suffer in its dignity if the attempt to get him here should not succeed. With his habitual caution Washington considered the point whether he could send out an agent without consulting the Senate on the appointment and he instructed General Knox to take the opinion of the Chief Justice of the United States and the Secretary of the Treasury. The assurances obtained were such that Washington selected an experienced frontier commander Colonel Marinus Willett of New York and impressed upon him the importance of bringing the Indian Chiefs to New York pointing out the arguments justifiable for him to use to affect this with such lures as respected McGill and Ray personally and might be held out to them. Colonel Willett was all together successful though the inducements he offered were probably aided by McGill of Ray's desire to visit New York and meet General Washington. Other Chiefs accompanied him and on that way they received many official attentions and incident which occurred at Guilford courthouse North Carolina displays McGill of Ray's character in a kindly light a woman whose husband had been killed by Creek Indians and who with her children had been made captive visit to McGill of Ray to thank him for effecting their release and it was disclosed that he had since that time been contributing to the support of the family. At New York the recently organized Tamini society turned out in costumes supposed to represent Indian attire and escorted the visiting Chiefs to Federal Hall eventually Washington himself went to Federal Hall in his coach of state and in all the trappings of official dignity to sign the treaty concluded with the Indians. The treaty which laid down the pattern subsequently followed by the government in its dealings with the Indians recognized the claims of the Creek nation to part of the territory it claimed and gave compensation for the part it relinquished by an annuity of fifteen hundred dollars for the tribe and an annuity of one hundred dollars for each of the principal Chiefs. For his part in the transaction McGill of Ray was commissioned an agent of the United States with the rank of Brigadier General opposition which he sustained with dignity. He was six feet tall spare in frame erecting carriage his eyes were large dark and piercing his forehead wider at the top and just above the eyes was so high and broad as to be almost bulging when he was a British Colonel he wore the uniform of that rank when in the Spanish service he wore the military dress of that country and after Washington appointed him a Brigadier General he sometimes wore the uniform of the American Army but never in the presence of Spaniards in different parts of his dominions he had good houses where he practiced generous hospitality his influence was shaken by his various political alliances and before he died in seventy ninety three he had lost much of his authority in the course of these negotiations Washington had an experience with the Senate which thereafter affected his official behavior the debates of the Constitutional Convention indicated an expectation that the Senate would act as a privy counsel to the president and Washington intent above all things on doing his duty tried to treat it as such in company with General Knox he went to the Senate chamber prepared to explain his negotiations with the Indian chiefs but he forthwith experienced the truth of the proverb that although you may lead a horse to water you cannot make him drink in his diary for august twenty two seventeen eighty nine McClay gave a characteristic account of the scene Washington presided taking the vice president's chair he rose and told us bluntly that he had called on us for our advice and consent to some propositions respecting the treaty to be held with the southern Indians said he had brought General Knox with him who was well acquainted with the business a statement was read giving a schedule of the propositions on which the advice of the Senate was asked McClay relates that he called for the reading of the treaties and other documents referred to in the statement I cast an eye at the president of the United States I saw he wore an aspect of stern displeasure there was a manifest reluctance of the Senate to proceed with the matter in the president's presence and finally a motion was made to refer the business to a committee of five a sharp debate followed in which the president of the United States started up in a violent threat this defeats every purpose of my coming here were the first words that he said he then went on to say that he had brought his secretary of war with him to give any necessary information that the secretary knew all about the business and yet he was delayed and could not go on with the matter the situation evidently became strained McClay relates a pause for some time ensued we waited for him to withdraw he did so with a discontented air the privy council function of the Senate was thus in effect abolished by its own action thereafter the president had practically no choice save to conclude matters subject to subsequent ratification by the Senate it soon became the practice of the Senate to restrict the president's power of appointment by conditioning it upon the approval of the senators from the state in which an appointment was made the clause providing for the advice and consent of the Senate was among the changes made in the original draft to conciliate the small states but it was not supposed that the practical effect would be to allow senators to dictate appointments it was observed in the federalist that there will be no exertion of choice on the part of senators nevertheless there was some uneasiness on the point in a letter of May 31 1789 Ames remarked that the meddling of the Senate in appointments is one of the least defensible parts of the Constitution and with prophetic insight he foretold that the number of the senators the secrecy of their doings which sheltered them and a corrupt connection between those who appoint to office and the officers themselves would be created Washington had to submit to senatorial dictation almost at the outset of his administration the Senate refusing to confirm his nomination of Benjamin Fishburne for the place of naval officer at Savannah the only details to be had about this affair are those given in a special message of August 6 1789 from which it appears that Washington was not notified of the grounds of the Senate subjection he defended his selection on the ground that Fishburne had a meritorious record as an army officer had held distinguished positions in the state government of Georgia which testified public confidence and moreover it was actually holding by virtue of state appointment an office similar to that to which Washington desired to appoint him the appointment was in fact no more than that transferred to the federal service of an official of approved administrative experience and was of such manifest propriety that it seems most likely that the rejection was due to local political intrigue using the Georgia senators as its tool the office went to Lachlan McIntosh who was a prominent Georgia politician over 10 years before he had killed in a dual button Gwyneth a signer of the Declaration of Independence Gwyneth was the challenger and McIntosh was badly wounded in the dual but the affair caused a few that long disturbed Georgia politics and through the agency of the Senate he was able to reach and annoy the president of the United States at the time when Washington was inaugurated both North Carolina and Rhode Island were outside the union the national government was a new and doubtful enterprise remote from and unfamiliar to the mass of the people to turn their thoughts for the new administration it seemed to be good policy for Washington to make tours the notes made by Washington in his diary indicate that the project was his own notion but both Hamilton and Knox cordially approved it and Madison saw no impropriety in it therefore shortly after the recess of the first session of Congress Washington started on a trip through the northern states pointedly avoiding Rhode Island than a foreign country it was during this tour that a question of etiquette occurred about which there was a great stir at the time John Hancock then governor of Massachusetts did not call upon Washington but wrote inviting Washington to stay at his house and when this invitation was declined he wrote again inviting the president to dinner on family Washington again declined and this time the failure of the governor to pay his respects to the president of the United States was the talk of the town some of Hancock's aides now called with excuses on the score of his illness Washington noted in his diary I informed them in explicit terms that I should not see the governor unless it was at my own lodgings this incident occurred on Saturday evening and the effect was such that governor Hancock called in person on Sunday the affair was the subject of much comment not to governor Hancock's advantage Washington's church growing habits on this trip afford no small evidence of the patient consideration which he paid to every point of duty in New York he attended Episcopal Church service regularly once every Sunday on his northern tour he went to the Episcopal Church in the morning and then showed his respect for the dominant religious system of New England by attending the Congregational Church in the afternoon his northern tour lasted from October 15 to November 13 1789 and was attended by popular manifestation stations that must have promoted the spread of national sentiment on November 21 1789 North Carolina came into the union and Rhode Island followed on May 29 1790 Washington started on a tour of the southern states on March 21 1791 in which he covered more than 1700 miles and 66 days and was received with grand demonstrations at all the towns he visited while he was making these tours which in the days before the railroad and the telegraph were practically the only efficacious means of establishing the new government in the thoughts and feelings of the people he was much concerned about frontier troubles and with good reason as he well knew the deficiency of the means that Congress had allowed the tiny army of the United States was under the command of Lieutenant Colonel Josiah Harmar with a private rank of general in October 1790 Harmar let his troops nearly four fists of which were new levies of militia against the Indians who had been disturbing the western frontier the expedition was a succession of blunders and failures which were due more to the root and undisciplined character of the material that Harmar had to work with than to his personal incapacity. Harmar did succeed in destroying five Indian villages with their stores of corn but their inhabitants had warning enough to escape and were able to take prompt vengeance a detachment of troops was ambushed and badly cut up the design had been to push on to the upper course of the wall bash but so many horses have been stolen by the Indians that the expedition was crippled as a result Harmar marched his troops back again professing to believe that punishment had been inflicted upon the Indians that would be a severe lesson to them what really happened was that the Indians were encouraged to think that they were more than a match for any army which the settlers could send against them and before long news came of the destruction of settlements and the massacre of their inhabitants unless Ruth was put them to Washington government speedily sends a body of troops for our protection we are a ruined people Washington did what he could he sent to Congress Putnam's letter and other frontier communications the Congress which was stubbornly opposed to creating a national army replied when the need was demonstrated that the militia of the several states were available the government was without means of protecting the Indians against abuse and injustice or protecting the settlers against the savage retaliations that naturally followed the dilemma was dated with sharp distinctness and correspondence which passed between Washington and Hamilton in April 1791 Washington wrote that it was a hopeless undertaking to keep peace on the frontier whilst land-jobbing and the disorderly conduct of our borderers are suffered with impunity and while the states individually are omitting no occasion to intermeddle in matters which belong to the general government Hamilton in reply went to the root of the matter our system is such as still to leave the public peace of the union at the mercy of each state government he proceeded to give a concrete instance for example a party comes from a county of Virginia into Pennsylvania and wantonly murders some friendly Indians the national government instead of having power to apprehend the murders and bring them to justice is obliged to make a representation to that of Pennsylvania that of Pennsylvania again is to make a requisition of that of Virginia and whether the murderers shall be brought to justice at all must depend upon the particular policy and energy and good disposition of two state governments and the efficacy of the provisions of their respective laws and security of other states and the money of all are at the discretion of one these things require a remedy for when that will come god knows for the close of its last session the first congress was induced to pass an act for raising and adding another regiment to the military establishment of the united states for making further provision for the protection of the frontiers the further provision authorized the president to employ troops enlisted under the denomination of levies for a term not exceeding six months and in number not exceeding two thousand the law thus made it compulsory that the troops should move while still raw and untrained congress had fixed the pay of the private set three dollars a month from which ninety cents were deducted and it had been necessary to scrape the streets and even the prisons of the seaboard cities for men willing to enlist upon such terms Washington gave the command to general Arthur Sinclair whose military experience should have made him a capable commander but he was then in bad health unable to handle the situation under the conditions imposed upon him general Harmar enlightened by his own experience predicted that such an army would certainly be defeated the campaign was intended as an expedition to chastise the Indians so that they would be deterred from molesting the settlers but it resulted in a disaster that greatly encouraged Indian depredations as the army approached the Indian towns a body of the militia deserted and it was reported to Sinclair that they intended to plunder the supplies he sent one of his regular regiments after them thus reducing his available force to about fourteen hundred men on November three seventy ninety one this force camped on the eastern fork of Wabash before daybreak the next morning the Indians made a sudden attack taking the troops by surprise and throwing them into disorder it was the story of Braddock's defeat over again the troops were surrounded by foes that they could not see and could not reach Indian marksmen picked off the gunners until the artillery was silenced then the Indians rushed in and seized the guns in the combat there were both conspicuous exploits of valor and disgraceful scenes of cowardice in that dark hour Sinclair showed undaunted courage he was in the front of the fight and several times he headed charges he seemed to have a charmed life for although eight bullets pierced his clothes one cutting away a lock of the thick gray hair that flowed from under his three cornered hat he escaped without a wound finally defeat became a route which Sinclair was powerless to check first deciding that Russia fugitives he was left in a position of great peril if the Indian pursuit had been persistent few might have escaped but the Indians stopped to plunder the camp nevertheless 630 men were killed and over 280 wounded with small loss to the Indians Washington's reception of the news illustrates both his iron composure and the gusts of passion under which it sometimes gave way the details are unquestionably authentic as they were communicated by Washington secretary who witnessed the scene Washington was having a dinner party when an officer arrived at the door and sent word that he was the bearer of dispatchers from the western army the secretary went out to him but the officer said his instructions were to deliver the dispatchers to the president in person Washington then went to the office and received the terrible news he returned to the table as though nothing had happened and everything went on as usual after dinner there was a reception as is Washington's drawing room and the president as was his custom spoke courteously to every lady in the room by 10 o'clock all the visitors had gone and Washington began to pace the floor at first without any change of manner as soon he began to show emotional excitement and he broke out suddenly it's all over St. Clair is defeated routed the officers nearly all killed the men by wholesale the route complete two shocking to think of and a surprise into the bargain when near the door in his agitated march about the room he stopped and burst forth yes you're on this very spot I took leave of him I wished him success and honor you have your instructions I said from the secretary of war I had a strict guide to them and we'll add one word beware of a surprise you know how the indians fight us he went off with that as my last solid warning thrown into his ears and yet to suffer that army to be cut to pieces hacked butchered tomahawk by a surprise oh god oh god he's worse than a murderer how can he answer it to his country the blood of the slain is upon him the curse of the widows and orphans the curse of heaven the secretary relates that this torrent of passion burst forth in appalling tones the president's frame shook more than once he threw his hands up as he hurled implications upon St. Clair but it lengthy got his feelings under control and after a pause he remarked I will hear him without prejudice he shall have full justice St. Clair was indeed treated with marked leniency a committee of the house reported that the failure of the expedition could not be imputed to his conduct either at any time before or during the action St. Clair was continued in his position as governor of the northwest territory and remained there until 1802 notwithstanding the dire results of relying on casual levies congress was still stubbornly opposed to creating an effective force under national control and in this attitude to some extent reflected even frontier sentiment aims in a letter of january 13 1792 wrote that even the views of the western people whose defense has been undertaken by government have been unfriendly to the secretary of war and to the popularity of the government they wish to be hired as volunteers at two thirds of a dollar a day to fight the Indians they are averse to the regulars by the act of March 5 1792 congress authorized three additional regiments with the proviso however that they shall be discharged as soon as the united states shall be at peace with the indian tribes this legislation nevertheless was a great practical improvement on the previous act general wane who now to command was fortunately circumstanced in that he was under no pressure to move against the indians public opinion favored a return to negotiation so that he had time to get his troops under good discipline he did not move the main body of his troops until the summer of 1794 and on august 20 he inflicted a smashing defeat on the indians at a place known as the fallen timbers follow up the victory by punitive expeditions to the indian towns and burned their houses and crops the campaign was a complete success the indians were so humbled by their losses that they sued for peace and negotiations began which were concluded in the summer of 1795 by the treaty of greenville under which the north western tribe ceded an extensive territory to the united states it was notorious that the trouble which the american authorities had experienced with the indians had been largely due to the activity of british agents in his report wane noted that the destruction affected by his troops included the houses stores and property of colonel mckay the british agent and principal stimulator of the war not existing between the united states and the savages a sharp correspondence took place between wane and major wiliam campbell commanding a british post on miami campbell protested against the approach of wane's army no war existing between great britain and america wane assented to this statement and then asked what he meant by taking post bar within the well known and acknowledged limits of the united states campbell rejoined that he had acted under orders and as to his right that was a matter which were best left to the ambassadors of different nations campbell refused to obey wane's demand to withdraw and wane ignored campbell's threat to fire if he were approached too close wane reported that the only notice he took of this trip was by immediately setting fire to and destroying everything within view of the fort and even under the muscles of the guns had mr campbell carried his threats into execution added wane it is more than probable he would have experienced the storm no collision actually took place at that time but there was created a situation which unless it were removed by diplomacy must have eventually brought on war end of chapter four chapter five of washington and his colleagues by henry jones ford this libra vox recording is in the public domain chapter five tribute to the algerines at the time when washington took office the captains and crews of two american vessels which had been seized by algerine corsairs in 1785 still remained in captivity the continental congress had made some efforts in their behalf which were contemptuously received the day of algers did not wish any treaty with the united states but he did want $59,496 for the 21 captives whom he then held farther than that negotiation had not progressed agents of the united states were advised that if such a high amount were paid the corsairs would pursue american vessels in preference to those of any other nation and that the shrew thing would be to pretend indifference to the fate of the captives this advice was acted upon even to the extent of cutting off the supplies which had been forwarded to the captives through the spanish console at algears the summary method which was pursued was that of dishonoring bills drawn by him to cover his expenditures jefferson who while minister to france had been closely connected with these proceedings was called upon by congress for a report upon them not long after he took office as secretary of state this report december 28 1790 set forth the fact that the Mediterranean trade which had employed from 80 to 100 ships with about 1200 seamen had been almost destroyed in the interest of the negotiations it had been necessary to suffer the captives and their friends to believe for a while that no attention was paid to them no notice taken of their letters and they were still under this impression jefferson contented himself with submitting the facts in the case remarking that upon the whole it rests with congress to decide between war tribute and ransom if war they will consider how far our own resources shall be called forth and how far they will enable the executive to engage in the forms of the constitution the cooperation of other powers if tribute or ransom it will rest with them to limit and provide the amount and with the executive observing the same constitutional forms to make arrangements for employing it to the best advantage the problem which jefferson does put before congress was a singularly difficult one among the captives was captain richard o'brien who shipped the dolphin of philadelphia was taken july 30 1785 he had a ready pen and apparently had unrestricted access to the males his letters were those of a shrewd observer and depicted a situation that bristled with perplexity the algerines had about a dozen vessels their armament ranging from 10 to 36 guns but if these vessels only to belong to the government the others being private ventures though they prayed on merchant men they avoided engagements and did not come out at all if there were vessels cruising for them a blockade was effective only while it lasted whenever it was raised out came the corsairs again an occasional bombardment of their port did not call them and had no permanent defect a French official described it as being like breaking glass windows with guineas the algerines made treaties with some powers and consideration of tribute but refused peace to others on any terms as they did not desire to shut out all opportunity for their time honored sportive piracy congress was slow to take action of any kind in january 1791 mclay noted that a committee had decided that the Mediterranean trade could not be preserved without an armed force to protect it and that a navy should be established as soon as the treasury was in a position to bear the expense meanwhile the president began fresh negotiations which were attended by singular fatality thomas barclay who had some diplomatic experience was commissioned to go to the emperor of morocco when barclay reached Gibraltar he was taken ill and after being removed to lisbon he died admiral john paul jones was then appointed special commissioners to arrange for the ransom of the captives as he had then left the russian service and was living in paris it was supposed that his services would be available but he died before the commission could reach him the delay caused by these events was made so much worse by the slow transmission of intelligence that two years elapsed before a fresh start was made by placing the conductive matters in the hands of colonel david humphries then minister to portugal humphries had gone as far as Gibraltar on his mission when he learned that a truce had been suddenly arranged between portugal and algears this was alarming news since it meant that the algerines could now pass into the Atlantic from which they had been excluded by portuguese war vessel stationed in the strait of Gibraltar i've not slept since the receipt of the news of this the hellish plot wrote edward church the united states console at lisbon church was energetic in spreading the intelligence which fortunately reached some american shipmasters in time to save them in october 1793 as 13 american vessels were in the port of lisbon afraid to venture out church pleaded their case so vigorously that the portuguese government agreed to give them an armed convoy nevertheless the algerines found plenty of game among american ships then at sea for they captured 10 vessels and added 105 more americans to the stock of slaves in algears they are in a distressed and naked situation wrote captain o'brien who had himself then been eight years in captivity Humphreys made arrangements by which they received clothing and a money allowance ranging from 12 cents a day for a seaman up to $8 a month for a captain nothing however could be done in the way of peace negotiations one of Humphreys agents reported that the day could not make peace even if he really wanted to do so he declared to me that his interest does not permit him to accept your offer sir even were you to lavish millions upon him because said he if i were to make peace with everybody what should i do with my core series what should i do with my soldiers they would take off my head for want of other prizes this was an honest disclosure of the situation Humphreys wrote Jefferson that no choice is left for the united states but to prepare a naval force for the protection of their trade captain o'brien wrote by all means urged congress to fit out some remarkably fast sailing cruisers well appointed and manned in january 1794 accordingly a committee of the house brought in a resolution for building four ships of 44 guns and two of 20 guns each the debate began on february 6 and 4 some time was altogether one sided with one speaker after another opposing the creation of a navy madison as was now his habit had doubts as to the propriety of that measure he fancied that peace might be purchased for less money than this armament would cause clark of new jersey had an objection to the establishment of a fleet because when once it had been commenced there would be no end to it he had a scheme which he judged would be less expensive and more effectual this was to hire the portuguese to cruise against the algerines Baldwin of georgia thought that bribery alone could purchase security from the algerines nicholas of virginia feared that we were not a match for the algerines smith of maryland and fits Simmons of pennsylvania championed the resolution and fissure aims made some remarks on madison's lack of spirit that caused madison to define his position he proposed as a substitute for the pending measure that money should be employed in such a manner as should be found most effectual for obtaining a piece with the regency of algeas and failing of this that the sum should be applied to the end of obtaining protection from some of the european powers this motion warmed up the debate jails of virginia came to medicine support in a style that was not helpful he considered navies altogether as very foolish things an immense quantity of property was spread on the water for no purpose whatever which might have been employed by land to the best purpose the suggestion that the united states should be a hermit nation was an indiscreet exposure of the logical significance of madison's plan and it perhaps turned the scale in favor of employing force the bill came up in the house for final passage on march 10 1794 its opponents now sparred for time but a motion to recommit in order to give opportunity for further consideration was defeated by 48 to 41 jails made a final effort by a long and elaborate address in which he argued that the effect of fitting out a navy would be to involve the united states in war with all the european powers moreover a navy would be dangerous to american liberty a navy is the most expensive of all means of defense and the tyranny of governments consists in the expansiveness of their machinery he pointed to the results of british naval policy the government is not yet destroyed but the people are oppressed liberty is banished the french monarchy had been ruined by its navy he was astonished with these fatal examples before our eyes that there should be gentlemen who would wish to enter upon this fashionable system of politics in discussing the expense of maintaining a navy he expressed his fear that it would eventually bring back the miseries of feudalism william smith of south carolina made a reply in which he defined the issue as being between defense and tribute the jails have the last word he wanted to know whether it was maintained that the frigates it was proposed to build with boldly march upon land and break the chains of the prisoners he begged congress not to do what would irritate the barbarians and furnish additional misery to the unfortunate prisoners in this closing struggle over the bill jails fought single-handed when he had quite finished the bill was passed by 50 yays to 39 nays a result which showed a decided gain in strength from the discussion the debates in the senate have not been preserved but the senate was so evenly divided that it took the casting vote of the vice president to pass the bill which became law march 27 1794 in order to get it passed at all a proviso had been tacked on that if peace terms could be arranged no father proceeding be had under this act in september of 1795 a treaty of peace without juice was finally concluded after negotiations have been facilitated by a contingent fee of $18,000 paid to bakri the jew who has as much art in this sort of management as any man we ever knew the american agents reported it was a keen bargain as bakri had to propitiate court officials at his own risk and had to look for both reimbursement and personal profit too out of that lump sum he was to receive in event of his success it can hardly be doubted that he had the situation securely in hand before making the bargain the money paid in algears for the ransom of the captives for tribute and for presence to officials amounted to $642,500 but in addition the united states agreed to build a frigate for the algeary navy and also supply naval stores which with incidental expenses brought the total cost of a peace treaty up to 992,463 dollars and 25 cents for over the united states agreed to pay an annual tribute of 12,000 sequins about $27,500 by the terms of the navy act the united states had to stop building vessels for its own protection of those which had been authorized the frigates constitution united states in constellation were underway and were eventually completed the timber with material that had been collected for the other vessels was sold except what was needed for the frigate which was to be presented to the algerines and which was to be built at portsmouth new hampshire the whole affair was a melancholy business that must have occasioned washington deep chagrin in his address to congress december seven 1796 announcing the success of the negotiations for affecting the release of the captives he observed that to secure respect to a neutral flag requires a naval force organized and ready to vindicate it from insult or aggression in the chapter five chapter six of washington and his colleagues by henry jones ford this leber vox recording is in the public domain chapter six french designs on america a few months before france declared war upon england february 1793 edmond jeunet was appointed french minister to the united states he landed at charleston april eight and had once began activities so authoritative as to amount to an erection of french sovereignty in the united states the subsequent failure of his efforts and the abrupt ending of his diplomatic career have so reacted upon his reputation that associations of boastful arrogance and reckless incompetency cling to his name this estimate holds him too lightly and underrates the peril to which the united states was then exposed jeunet was no casual rhetorician raised to important office by caprice of events but a trained diplomatist of hereditary aptitude and of long experience his father was chief of the bureau of correspondence in the department of foreign affairs for the french monarchy and it was as an interpreter attached to that bureau that the son began his career in 1775 while still a youth he gained literary distinction by his translations of historical works from swedish into french jeunet was successively attached to the french embassies at berlin and vienna and in 1781 he succeeded his father in the department of foreign affairs in 1788 he was secretary of the french embassy at st petersburg where his zeal for french revolutionary principles so irritated the empress catherine that she characterized him as a furious demagogue and in 1792 he was forced to leave russia in the same year he was named ambassador to holland and thus was soon transferred to the united states it is obvious that a man of such experience could not be ignorant of diplomatic forms and of international proprieties of behavior if he pursued a course that has since seemed to be a marvel of truculence the explanation should be sought in the circumstances of his mission more than in the nature of his personality when the matter is considered from this standpoint not only does one find that jenet's proceedings become consistent and intelligible but one becomes deeply impressed with the magnitude of the peril then confronting the united states nothing less than american independence was at stake it should be borne in mind that france and aiding america against england had been pursuing her own ends in august 1787 the french government advised its american representative that it had observed within difference the movements going on in the united states and would view the breakup of the confederation without regret we have never pretended to make of america a useful ally we've had no other object than to deprive great britain of that vast continent but now that war with england had broken out again it was worthwhile making an effort to convert america into a useful ally jefferson while minister jupers had been sympathetic with the revolutionary movement in 1789 the english ambassador reported to his government that jefferson was much consulted by the leaders of the third estate on the other hand governor morris who was then living in paris sympathized frankly with the king nevertheless he was chosen to succeed jefferson as the american minister in notifying him of the appointment washington let him know that there have been objections it was urged that in france you were considered as a favorer of the aristocracy and unfriendly to its revolution washington's reminder that it was his business to promote the interest of his own country did not have any apparent effect on morris's behavior he became the personal agent of louis the 16th and he not only received and dispersed large sums on the king's account but he also entered into plans for the king's flight from paris during the reign of terror which began in 1792 he behaved with an energy and an intrepidity honorable to him as a man in general however his course tended to embroil and not to guard american interests in the face of the european coalition against revolutionary france the principle of action was that announced by dentin to dare and to dare and without end to dare genet therefore went on his mission to america key to measures which were audacious but which can hardly be described as reckless by plunging heavily he might make a big winning if he failed he was hardly worse off than if he had not made the attempt to draw the united states into the war as the ally of france was only one part of his mission he was also planning to reestablish the french colonial empire the loss of which was still an unhealed wound canada louisiana and the floridas were all in his mind in louisiana france regarded conditions as being so favorable that genet was instructed to make special efforts in that quarter spain which had entered the coalition against republican france held the lower mississippi spain was therefore the common enemy of france and of the american settlements west of the mountains ought not then those two republican interests to work together to expel spain and to seize louisiana moreover there was a belief not without grounds that the older states which formed the american union were indifferent to the needs and interests of the country west of the aligainies and would be more relieved than afflicted if it should take its destinies into its own hands such considerations animated a group of americans in paris among whose prominent members were thomas pain the prime fatir joel barlow the poet and dr james o felon a revolutionary soldier now interested in western land speculation all were then ardent sympathizers with the french revolution and they entered heartily into the design of stirring up the western country against spain the project attracted some frontier leaders among them george rogers clark famous for his successful campaigns against the hostile indians and the british during the revolutionary war he was the leader force of western riflemen against the spanish post and louisiana and jenet brought with him blank brevets of officers up to the great of captain for bestowal on the indian chiefs who would cooperate the expenses of the expedition were to be met by collections with jenet expected to make from the treasury of the united states on account of some's due to france the project of using the united states as a french base could claim legal rights under the treaties of 1778 between france and the united states there were two treaties both concluded on the same day one entitled a treaty of amity and commerce was a mutual conveyance of privileges it provided that the ships of war of each country should defend the vessels of the other country against all attacks that might occur while they were in company besides this right of convoy each country had the right to use the ports of the other either for ships of war or for privateers and their prizes nor shall such prizes be arrested or seized when they come to and enter the ports of either party nor shall the searchers or other officers of those places search the same or make any examination concerning the lawfulness of such prizes but they may hoist sale at any time and depart all vessels of either country had the right to take refuge in the ports of the other whether from stress of whether or pursuit of enemies and they shall be permitted to refresh and provide themselves at reasonable rates with vitals and all things needful for the sustenance of their persons or reparations of their ships and convenience see of their voyage and they shall no ways be detained or hindered from returning out of the said ports or roads but may remove and depart when and whether they please without any let or hindrance it was expressly provided that such hospitality should not be extended to vessels of an enemy of either country the accompanying instrument entitled a treaty of alliance was a mutual guarantee of territorial possessions forever against all other powers these broad rights and privileges were supplemented by the convention of 1788 on consular functions which facilitated the organization of our consular jurisdiction competent to deal with cases arising from the treaties there was still due to france on loans contracted during the revolution a remainder of about two million three hundred thousand dollars payable by installment subject to the proviso that congress in the united states had the liberty of freeing themselves by anticipated payments to the state of their finances admit he was planned to get the united states to reciprocate the past favors of france by favoring her now if not by direct payments of money at least by acceptances which jenet could use in purchasing supplies the fact that whatever in the way of money or accommodations was obtained in the united states would be used in business in that country was counted upon to facilitate the transaction these facts formed the background against which jenet's activities should be viewed he came with deliberate intent to rush the situation and armed with all needful powers for that purpose so far as the french government could confer them according to a dispatch from morris to the state department jenet took with him 300 bank commissions which he is to distribute to such as will fit out cruisers in our ports to prey on the british commerce at charleston jenet received an enthusiastic reception the revolutionary commander general moldry who was then governor of south carolina entered so cordially into jenet's plans that in his first dispatch home jenet was able to say to his government that moldry had permitted him to arm privateers and had assisted the various branches of his mission in every possible way such was jenet's energy that within five days after his arrival he had opened a recruiting station at which american seaman were taken into the french service he had commissioned american vessels as french privateers and he had turned the french consul's office into an animal to court for which business was provided by the prizes that were being brought in after seeing under way all matters that he could attend to in charleston jenet moved on to philadelphia and received on his way with such greetings as to give to his journey the character of a triumphal progress mouine while lambou scott the french frigate which had brought jenet to charleston was proceeding to philadelphia taking prizes on her way and sending them to american ports in delaware bay she captured the range an english merchantman lying there at acre and took this vessel with her to philadelphia as a prize as jenet neared philadelphia on may 16 lambou scott gave notice by firing three guns at which signal a procession was formed to meet jenet at graze ferry and escort him to his lodgings he found awaiting him a letter from george rogers clark which gave an account of his plans for the invasion of louisiana and the capture of new orleans and which announced his readiness to start if he were assisted by some frigates and provided with three thousand pounds sterling to meet expenses jenet received reports from other agents or friendly correspondents in the spanish territory and so active was he in forwarding the objects of his mission that on june 19 he was able to write to his government i am provisioning the west indies i excite the canadians to break the british yoke i armed the canon to coys and prepared naval expedition which will facilitate their descent on new orleans these claims were well founded jenet did in fact make an effective start and had he been able to command funds he might have opened a great chapter of history george rogers clark was the ablest and most successful commander that the frontier had yet produced and such was the weakness of the spanish defenses that had his expedition been actually launched as planned the conquest of louisiana might indeed have been accomplished it was not any defect in jenet's arrangements that frustrated his plans but his inability to raise money and the uncertainty of his position as the agent of a government which was undergoing rapid revolutionary change news that the french republic had declared war against great britain reached the united states early in april 1793 washington who was then at mount vernin wrote to jefferson that 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 and he requested that the secretary should give the subject mature consideration that such measures as shall be deemed most likely to affect this desirable purpose may be adopted without delay on arriving at philadelphia a few days later washington was met by a distracted cabinet the great difficulty was the conflict of obligations the united states had a treaty of alliance with france it had a treaty of peace with great britain the situation had become such that it could not sustain both relations at the same time if the united states remained neutral it would have to deny to france privileges conferred by the treaty which had been negotiated when both countries were at war with great britain how far was that treaty now binding it had been made with the most christian king whose head had been cut off did not his engagements fall with his head that was the very position taken by the government of the french republic which had asserted the right to decide what treaties of the old monarchy should be retained and what rejected as an incident of the present case the question was to be decided whether the ambassador of the french republic should be received such were the issues that washington's administration had to face at a time when the whole country was thrilling with enthusiasm on behalf of the french republic chief justice marshal left on record his opinion that this feeling was almost universal and that a great majority of the american people deemed it criminal to remain unconcerned spectators of a conflict between their ancient enemy and republican france washington acted with his customer deliberation on april 18 1793 he submitted to the members of his cabinet 13 questions jefferson who held that the french treaty was still operative noted that the questions reached him in washington's own handwriting yet it was palpable from the style their ingenious tissue and suit that they were not the presidents that they were raised upon a prepared chain of argument in short that the language was hamilton's and the doubts is alone in jefferson's opinion they were designed to lead to a declaration of the executive that our treaty with france's void jefferson was right as to hamilton's authorship at a time when jefferson had no advice to give saved that it would be well to consider whether congress ought not to be summoned hamilton had ready a set of interrogatories which subjected the whole situation to close analysis the critical questions were these shallow proclamation issue for the purpose of preventing interferences of the citizens of the united states in the war between france and great britain etc shall it contain a declaration of neutrality and not what shall it contain are the united states obliged by good faith to consider the treaties here to form made with france as applying to the present situation of the parties may they either renounce them or hold them suspended till the government of france shall be established to the interrogatories framed by hamilton washington added one which presented the point raised by jefferson is it necessary or advisable to call together the two houses of congress with a view to the present posture of european affairs if it is what shall be the particular object of such a call the cabinet met on april 19 on the question of a proclamation of neutrality jefferson argued that such a proclamation would be equivalent to a declaration that the united states would not take part in the war and that this matter did not lie within the power of the executive since it was the province of congress to declare war congress ought therefore to be called to consider the question hamilton who held that it was both the right and the duty of the president to proclaim neutrality was strongly opposed to summoning congress in a brief record of the proceedings he remarked that whether this advice proceeded from a secret wish to involve a center war or from a constitutional timidity certain it is such a step would have been fatal to the peace and tranquility of america the matter was finally compromised by an unanimous agreement that a proclamation should be issued for bidding our citizens taking any part in any hostilities on the seas with or against any of the belligerent powers and warning them against caring to any such powers any of those articles deemed contraband according to the modern usage of nations and enjoying them from all acts and proceedings and consistent with the duties of a friendly nation toward those at war jefferson's group was having been appeased by avoiding the use of the term neutrality it was now unanimously decided that congress should not be called it was further decided that the french minister should be received jefferson of randolph however were of opinion that he should be received without conditions while amilton supported by nox held that the minister ought to be apprised of the intention to reserve the question whether the treaties were still operative lest silence on that point should occasion misconstruction the even division of the cabinet on this point was in practical effect of victory for jefferson cabinet was unable to reach any decision in the matter of treaty obligations jefferson held that they were still operative hamilton that they were temporarily and provisionally suspended nox sided with hamilton and randolph although he at first sided with jefferson was so shaken in his opinion by hamilton's argument that he asked for the time for consideration eventually written opinions were submitted by hamilton jefferson and randolph confirming the views they had previously expressed and as nox concurred with hamilton the cabinet was still evenly divided on the fundamental question the proclamation on the lines upon which all have agreed was drafted by randolph who showed it to jefferson in order to assure him that there was no such word as neutrality in it jefferson whose own account this is did not mention that he raised any objection to the wording of the proclamation at the time though a few months later he referred to it in his private correspondence as a piece of pucillin and enmity because it omitted any expression of the affection of america for france the proclamation was issued on april 22 two weeks after the arrival of jenet at charleston the procedure that had been adopted at jefferson's instance avoided none of the difficulties that a declaration of neutrality would have encountered but rather increased them by putting the government in a false position the mere omission of the term did not prevent it from being known as a neutrality proclamation he was at once so designated and has always been so considered jefferson himself in advising the american foreign representatives of the policy of the government said that it would be a fair neutrality and in writing to madison a few days after the proclamation had been issued he remarked that fear of fair neutrality will prove a disagreeable pill to our friends though necessary to keep us out of the calamities of war by its terms however the proclamation was simply an admonition to american citizens to keep out of the war with notice that if they got into trouble by engaging in contraband trade they would not receive the protection of the united states and would be liable to prosecution for the commission of acts of nature to violate the law of nations it is manifest that the question whether or not the french treaty was still in operation was of great practical importance if it was still enforced the treaty formed part of the law of the land and american citizens might plead immunity for acts down in pursuance of its provisions hamilton was forced suspending the treaty since a situation had arisen which made its provisions inconsistent with a policy of neutrality his main contention was that the obligations imposed by the treaty of 78 were no longer binding on the united states since they contemplated only defensive war by her declaration of war France had taken the offensive there by relieving the united states of her reciprocal obligations jefferson held that the treaty was still operative for even if its provisions apparently required the united states to engage in the war it did not follow that such action would be an actual consequence the possibility was not yet certain enough to authorize us in sound morality to declare at this moment the treaty's null meanwhile jeunet was left in a position in which he had a perfect right to claim all privileges conferred on France by the treaty the result was a curious chapter of diplomatic correspondence jeunet took an attitude of indignant remonstrance at the duplicity of the american position did not the united states have a treaty with France by what authority then did the administration interfere with him in the enjoyment of his rights as the representative of France and interfere with american citizens in their dealings with him he shrewdly refrained from any attempt to defend the capture of the grange by lambous scott in delaware bay the learned conclusions of the attorney general of the united states and the declarations of the american government have been on this subject the rule of my conduct i've caused the prize to be given up but he stood firm on rights secured by the treaty as long as the states assembled in congress shall not have determined that this solemn engagement should not be performed no one has the right to shackle our operations and to annul their effect by hindering those of our marines who may be in the american ports to take advantage of the commissions which the french government has charged me to give to them authorizing them to defend themselves and fulfill if they find an opportunity all the duties of citizens against the enemies of the state this was using an argument borrowed from jefferson's abundance talk of constitutional limitations genet was of course advised of the dissentions in the cabinet he was on such confidential terms with jefferson that he talked freely about the projected right on louisiana jefferson noted in his diary that he communicated these things to me not as secretary of state but as mr jefferson jefferson told genet that he did not care what insurrection should be excited in louisiana but that enticing officers and soldiers from kentucky to go against spain was really putting a halter about their necks for that they would assuredly be hung if they commenced hostilities against a nation at peace with the united states so great is the force of legal pedantry that jefferson was unable to agree that the president should proclaim neutrality in clear and positive terms but that same pedantry was effectively employed in covering the legal flaws of jefferson's position in his notes to genet he attenuated the treaty obligations by strict construction and also by reservations founded on the general principles of international law by our treaties with several of the belligerent powers he told genet we have established a style of peace with them but without appealing to trees we are at peace with them all by the law of nature or by nature's law man is at peace with man hence the propriety of forbidding acts within american jurisdiction that will cause disturbance of this peace the point on which he quoted copiously from batel genet manifests a similar irritation at being referred to treatises on international law when he was resting his case on a treaty the validity of which jefferson acknowledged let us not lower ourselves as he wrote to the level of ancient politics by diplomatic subtleties let us be frank in our overtures and our declarations as our two nations are in their affections and by this plain and sincere conduct arrive at the object by the shortest way logically jefferson's position was that of maintaining the validity of the treaty while opposing the fulfillment of its obligations at the same time he had to carry on a correspondence with hamond the british minister who was making complaints of the use of american ports for french depredations on british commerce and to him jefferson pleaded entire willingness to discharge and could face the obligations of that neutral power it may seem as if jefferson was attempting the impossible feat of trying to ride at one time two horses going in opposite directions but such was his dexterity that in appearance he was largely successful meanwhile he contrived to throw on hamilton and his adherence the blame for the feebleness and inconsistency of national policy in letters to his congressional lieutenant's memo in the senate and madison in the house he lamented the anglophobia secret anti-galomani that have decided the complexion of our dispositions he spoke scornfully of randolph whom he regarded as so irresolute that the votes in the cabinet were generally two and a half against one and a half by which he meant that hamilton and nox stood together against jefferson while randolph divided his influence between the two actions so inflamed was the state of public opinion that rising against the government seemed possible in a letter written 20 years later john adams described the terrorism excited by genet in 1793 when 10,000 people in the streets of philadelphia day after day threatened to drag washington out of his house and defective revolution in the government or compelled it to declare war in favor of the french revolution and against england adams related that he judged it prudent then necessary to order chests of arms from the war office to be brought into his house to defend it from attack and he had it from the coolest and firmest minds that nothing but the outbreak of yellow fever in philadelphia that summer could have saved the united states from a fatal revolution of government on the other hand letters written by hamilton during the time of all this excitement so that he thought little of it although he more than anyone else was its target in may 79 3 he wrote that the number of persons who went to meet genet would be stated high at 100 and he did not believe that a 10th part of the city participated in the meetings and addressed of genet's sympathizers a crowd will always draw a crowd whatever be the purpose curiosity will supply the place of attachment to our interest in the object washington's own letters at this period show no trace of concern about his personal safety though he smarted under the attacks on his motives an entry of august 2 70 93 in jefferson's private diary forming the volume since known as the anus relates that at a cabinet meeting nox exhibited a print entitled the funeral of george washington in which the president was placed on a guillotine the president was much inflamed got into one of those passions when he cannot command himself ran much on the personal abuse which had been bestowed upon him defied any man on earth to produce one single act of his since he had been in the government which was not done from the purest motives that he had never repented but once the having slipped the moment of resigning his office and that was every moment since that by god he had rather be in his grave than in his present situation that he had rather be on his farm than to be made emperor of the world and that they were charging him with wanting to be king that that rascal for now sent him three of his papers every day as if he thought he would become the distributor of his papers that he could see in this nothing but an impudent design to insult him for now was one of defferson's subordinates in the state department combining with his duties there the editorship of a newspaper engaged in spreading the colony that the administration was leaning toward monarchy through the influence of hamilton and his friends who despised republicanism hated france and loved england this journalistic campaign went on under the protection of jefferson to the disturbance of an administration of which jefferson himself formed a part this circumstance has given trouble to jefferson's biographers and it is now somewhat difficult to make those allowances to which jefferson is entitled from the camdith historian such behavior at the present day would be regarded as treacherous for it is now a settled doctrine that it is the duty of a member of the president's cabinet to give unreserved support to his policy or to resign and at that period neither in england or in the united states to this view of cabinet solidarity prevail it was not considered against the rules of the game for a cabinet official to use any opportunities within reach for promoting his aims or to boast such behavior as patriotic zeal jefferson who wanted to resign and stayed on only at washington's earnest desire certainly rendered a service to the administration which was then so unpopular that jefferson's connection with it was a political asset of great value hamilton also made use of the services of journalism went on june 29 1793 publication began at a series of eight articles signed pacificus it was well known that hamilton was the author the acute analysis and cogent reasoning of these articles have given them classic rank as an exposition of national rights and duties upon minds open to reason their effect was marked jefferson wrote to medicine for god's sake my dear sir take up your pen select the most striking heresies and cut him to pieces in the face of the public medicine did take up his pen but he laid it down again without attempting to contravert hamilton's argument the five articles which madison wrote over the signature how vidious do not proceed farther into the subject than a preliminary examination of executive authority in which he laid down principles of strict construction of the constitution which have never been adopted in practice and which are now interesting only as specimens of dialectic subtlety although as an electioneering tactician jefferson had superior ability neither he nor any of his associates was a match for hamilton in debate as the issues were discussed the jeffersonians lost ground for this day put the blame on genet by july 7 jefferson was writing to madison that genet renders my position immensely difficult and thereafter in the correspondence of jefferson madison in the row genet figures as a rash man whose indiscretions embarrassed his friends and impeded his own objects this view has to a large extent passed over into history but when it is considered that genet did not come to america for jefferson's comfort but to accomplish certain things for his own government it must be owned that he had considerable success although his means were small he managed to engage in the french service and active american fleet including such vessels as le casseus l'ami de la pointe à patre l'amour de la liberté la vengeance la montagne la banque de la bastille la commande niola l'espérance la citron genet sont en pareille à le petit démocrate the last mentioned vessel was originally an english merchantman the big little syrup brought into philadelphia harbour as a french prize when it was learned that this vessel had been armed and equipped for service as a french man of war governor miffin of pennsylvania gave orders that the vessel should be detained genet threatened forcible resistance and a clash might have occurred had jefferson not intervene he went to genet's house on sunday to persuade him not to move the vessel until the president could decide the case genet refused to give any promise but remarked that the vessel would probably not be ready to depart for several days jefferson thereupon exerted himself successfully to prevent the taking of any steps to detain the vessel washington harassed and confused by the dissensions of his cabinet now desired that the advice of the justices of the supreme court be taken hamilton was opposed to a proceeding which involved pre-judgment by the court on question which might come before it in due course of law and which seemed to him also to be an avoidance of the proper responsibility of the executive nevertheless he took part in preparing the case and of the 29 questions submitted to the supreme court hamilton frame 21 jefferson seven in washington himself the last jefferson notified genet of this consultation as an additional reason for patients the object of it being to obtain the best advice possible on the sense of the laws and treaties respecting the several cases i'm persuaded you will think the delay well compensated genet did not think so and la petite democrat put to see in defiance of american authority the justice is declined to answer the questions and the administration had to face its responsibilities on its own judgment of its rights and duties at least one member of the administration had clear and positive ideas on that subject hamilton when his pacificus letters had given a masterly exposition of international obligations now took up the particular issues raised by jenet's claims which at that time were receiving ardent championship for those national guzzette held that jenet had really acted too tamely had been too accommodating for the peace of the united states hamilton now replied by a series of articles in the daily advertiser over the signature no jacobin in which jenet's behavior was reviewed after five articles had appeared in rapid succession the series was abruptly terminated because hamilton was taken down by the yellow fever the journalistic war was almost in nature of a duel between the state and the treasury departments jenet must have been amused lack of funds hindered his activities more than anything else jefferson had advised washington that if the installments falling due in this year could be advanced without incurring more danger it would be well to make the payments as he thought it very material to keep alive the friendly sentiments of france but this was a matter which pertained to hamilton's own department and in that field his advice controlled washington jenet could do nothing in this direction and before the affair of le petit democrat he had ceased to expect financial aid jefferson was now so angry and indignant that he no longer opposed the suggestions that had been made in cabinet meetings that jenet should be dismissed and the note on that subject which he drafted for transmission to the french government is an able document the french government with apple reason conditioned the recall of jenet upon the recall of morris who was succeeded by james munro meanwhile jenet's situation had become perilous through revolution at home on october 16 1793 his government issued an order for his arrest the united states now became his asylum he acquired citizenship married a daughter of governor clinton of york and settled down to a useful and respected career as a country gentleman devoted to the improvement of agriculture he died at his home showdack new york in 1834 after having founded an american family at the time when jenet favored by the exasperated state of western sentiment over the navigation of the lower mississippi was promoting an attack upon the spanish post the administration had already been engaged for a long time in efforts to secure full enjoyment of that navigation as well as a settlement of the southwestern boundary in december 1791 washington nominated william car michael chargé da faire in spain and william short then chargé da faire in france commissioners to make a treaty their efforts proved unsuccessful and in 1794 the spanish commissioner in the united states gave notice that they were not acceptable personally and that it was hoped that some other person would be appointed with full powers to settle this treaty and grace with such a character as became the royalty through which he was accredited washington then nominated thomas pinkney at that time minister in london as minister of plenty potentiary in spain and pinkney arrived on the scene he was met with a delictory methods then characteristic of spanish diplomacy and finally he had to bring matters to an issue by demanding his passports his determination so impressed the spanish government that it finally consented to a treaty october 27 70 95 which fixed the southern boundary of the united states and opened the mississippi river to navigation the boundary line was to run east along the 31st parallel of latitude from the mississippi to the alpillat chicola thence along the latter river to his junction with the flint thence to the headwaters of the saint marys and along its course to the atlantic ocean the free navigation of the mississippi was coupled with the privilege of depositing merchandise at new organs without paying any other duty than a fair price for the hire of the stores this privilege was to be continued after three years or an equivalent establishment on the banks so the mississippi was to be assigned to citizens of the united states of provision which was not free from ambiguities and which furnished fresh material for a controversy a few years later end of chapter six chapter seven of washington and his colleagues by henry jones ford this libra vox recording is in the public domain chapter seven a settlement with england according to jefferson the president originally took the same view of the french treaty that he did jefferson relates that on april 18 1793 washington spoke of having never had a doubt of the validity of the french treaty and he notes that in that cabinet disputes washington was inclined to his views as the embarrassments of the administration thickened the president is true leaned more and more toward hamilton but this inclination was due more to necessity than to personal partiality the explanation stands out in jefferson's own account of events hamilton was clear positive and decided as to what to do and how to do it jefferson was active in finding objections but not in finding raising means of action this contrast became sharper as time went on and as washington was in a position where he had to do something he was forced to rely on hamilton more and more jefferson held that it would be inexpedient for the general government to assume the duty before defying the harbors and that there was no constitutional authority for establishing a military academy on november 28 1793 there was a prolonged wrangle over these issues at a cabinet meeting which the president ended by saying that he would recommend the military academy to congress and let them decide for themselves whether the constitution authorized it or not this was the last of the quarrelsome cabinet sessions recorded by jefferson he vacated the office of secretary of state december 31 1793 and thereafter the ascendancy of hamilton in the cabinet was indisputed an immediate effect of that change was to give new vigor to efforts at reaching a settlement with great britain the old troubles over her retention of the western post still continued and in addition to them came new difficulties arising from war measures on january 30 1793 thomas pinkney then american minister to great britain wrote that war was about to begin and although our claim to our free intercourse is founded in reason and our national right yet as we have no armed neutrality the members whereof this people have to fear they may stop our vessels bound to french ports with provisions what was feared soon happened by the french degree of 1793 the french colonies were opened to american trade and west indian commerce flourished this was now afflicted by contraband regulations laid down by great britain under which many american vessels were seized for carrying cargoes to or from french ports although jenet's activities and the extent to which they were indulged by the united states did not tend to promote friendly relations with great britain yet it does not appear that the british policy was inspired by resentment the regulations as defined by instructions issued on june 8 1793 made liable to detention all vessels carrying corn flour or meal to french ports with their provisions though that the cargoes might be purchased on behalf of the british government and the ships might then be released with a due allowance for freight where they might be allowed to dispose of their cargoes in the ports of any country in amity with great britain vessels attempting to enter a blockaded port reliable to seizure and condemnation save that the ships of denmark and sweden might be seized only if they should persist in trying to enter after once having been turned back conciliatory explanations were made by Hammond the british minister in notifying our state department he pointed out that only corn and flour were contraband that the regulations did not extend to other provisions and that they secured to the proprietors supposing them neutral a full indemnification for any loss they may possibly sustain the special privilege extended to denmark and sweden was attributed to treaty requirements and therefore could not be regarded as invidious it replied jefferson at home and pink knee abroad argued in behalf of the united states for the principle that free ships make free goods but great britain would not harken to a doctrine that struck at the efficacy of her c power washington besought congress to support the efforts of the administration by making for the defense of american interests such provision as would inspire respect in his address of december 3 1793 he observed there is a rank due to the united states among nations which will be withheld if not absolutely lost by the reputation of weakness if we desire to avoid insult we must be able to repel it if we desire to secure peace one of the most powerful instruments of our rising prosperity it must be known that we are at all times ready for war the answer of congress was the grudging consent to some naval preparations already recounted after the passage of the navy bill said wick of mass of juce it's endeavored to interest the house in the general subject of military preparation on march 12 1794 he introduced resolutions for raising 15 additional regiments for two years the term to be extended for three years in case of the outbreak of war in advocating this measure he spoke of the sorry experience of the country and depending upon militia their want of discipline occasions them to commit a great waste on the property of their fellow citizens besides a waste of public property as long as we depend upon militia european nations will not consider us as able to retaliate and assert our rights nothing came of this sensible proposal but said wick made an auxiliary suggestion which congress did adopt he urged that the sailing of vessels from the ports of the united states be prohibited an embargo would hold over for nations the threat that unless they behaved themselves their supplies from the united states might be cut off such embargo was voted for a month from march 26 1794 which was subsequently extended for another month and the president was authorized to lay regulate and revoke embargoes during the recess of congress congress regarded the embargo policy as a cheap way out of a difficult situation but this method was not only far more costly to the nation than would have been the straightforward course of arming for defense but at the same time accomplished nothing Dayton of new jersey proposed to supplement the embargo by the sequestration of all debts due from citizens of the united states to british subjects Clark of new jersey outdid his colleague by proposing to prohibit all commercial intercourse between the united states and great britain until such time as that country should surrender the western posts and should make restitution for all losses sustained by american citizens violent speeches were made on these proposals at the very time when the house was refusing to support either an army or a navy sedgwick introduced some good sense into a debate that was alternating between blatant vaporing and legal pedantry by pointing out that under the constitution the president of the united states ought to be allowed to have some say about the matter it was the function of the president to treat with foreign powers and yet the house was now considering action which was in effect prescribing the terms of treaty and restraining the constitutional power from treating on any other terms this argument was used effectively by a number of speakers that termed the main position taken by the advocates of non intercourse which was that the real objection came from the bond holders who feared that the ensuing loss of revenue might prevent them from getting their interest such imputations of sorted motive became fruitless when the issue was raised of the constitutional authority of the president but the advocates of non intercourse met this new point of view by pointing out that the constitution gave congress the right to regulate commerce the feeling against great Britain was so great that the house was bent on indulging it and on April 25, 1794 the non intercourse bill was passed by a vote of 58 to 34 the senate was so evenly divided that on the motion to pass the bill to its third reading there was a tie vote and vice president Adams who was called upon for a casting vote gave it against the bill about a month later in the house another attempt was made to carry the policy of non intercourse by a joint resolution but by this time a reaction in favor of the administration had set in and the resolution received only 24 years to 46 days James medicine being among those who stuck to the proposal to the last while the house was abandoning itself to reckless mischief making Washington was driving to arrange matters by negotiation the perplexities of his situation were great and varied as a military man he knew that American jurisdiction was precarious so long as great Britain held the interior the matter had been the subject of prolix correspondence between Jefferson and Hammond but the American demands that great Britain should surrender the frontier posts in accordance with the Treaty of Peace had been met by demands that America in accordance with that same treaty should first satisfy various claims of British subjects for restitution indemnity and relief the regular diplomatic machinery stuck best at this point both at home and abroad in one of his Cossop confidential letters Fisher Ames remarked that Hammond was a most petulant impudent man habitually railing against the conduct of our government with a gavel that his feelings render doubly unintelligible but Pinkney our representative in England was equally undiplomatic he was sour and also gallican although calm and manner he had prejudices and unless a man has a mind above them he can do little service there Washington decided that it would be wise to send a special envoy to deal with all the points at issue he thought first of Hamilton but was warned that the Senate would not ratify such an appointment Hamilton recommended John Jay as the only man in whose qualifications for success there would be thorough confidence Jay was then Chief Justice but the crisis was so dangerous as to justify Washington in calling him even from that important post he had matchless qualifications for the mission he had been Minister to Spain 1778 to 1782 he had been one of the commissioners who had negotiated the Treaty of Peace of 1783 he had been Secretary of Foreign Affairs 1784 to 1789 so that he had had experience which familiarized him with every detail of the questions at issue as a negotiator he had always gained marked success by acting upon his own principle that a little good natured wisdom often does more in politics than much slippery craft Jay showed fine patriotism in accepting the appointment he remarked to his friends that no man could frame a treaty with Great Britain without making himself unpopular and odious and he accepted the mission under a conviction that to refuse it would be to desert my duty for the sake of my ease and domestic concerns and comforts Jay was nominated as Envoy Extraordinary on April 16, 1794 and after three days of violent debate the appointment was confirmed by the Senate the event did not moderate the rage of the House for immediate action some members urged that it was indelicate for the House to be passing reprisals at a time when the Executive was attempting friendly negotiations but the reply was made that if there was any indelicacy it was on the part of the Executive in as much as the House proceedings had been already begun when the President decided to nominate an Envoy Extraordinary while Congress was fuming and wrangling Jay was proceeding with his difficult task he sailed on May 12 and on June 8 landed in England where he was hospitably received despite these personal attentions the differences to be adjusted were so numerous and complicated then on the surface the situation looked almost hopeless conditions however were really more favorable than they appeared to be a change latent but influential had taken place in the mental attitude of the governing class in England there had been a notion that American independence would not last long and that the country would eventually be restored to the British Crown the drift of evidence was rather in that direction until Hamilton's measures gave the ascendancy to the forces making for American national development the practical statesmanship of Great Britain perhaps saw more clearly the significance of what was taking place then did that of America itself and it was prepared to reckon with this new condition moreover the European commotion resulting from the French Revolution had brought to the front a new set of interests and anxieties for the free handling of which a settlement of differences with the United States might be advantageous the effect of such considerations was at least to render the situation more manageable than might have been expected and Jay improved his opportunities with admirable tact in pursuance of his principle bringing good nature wisdom to bear Jay suggested to Lord Grendel the British Secretary for foreign affairs that they should dispense with written communications and merely meet and converse informally until there should appear a probability of coming to some amicable mutual understanding even after such understanding should be put into writing it was not to be regarded as official binding but simply as an exchange of private memoranda so strictly was this informal method adhered to that the regular force the secretaries and copyists had nothing to do with the proceedings until the treaty was almost ready for signing Jay had been instructed to demand compensation for some 3,000 slaves who had followed the British troops when they departed but Lord Grendel stood firm on the principle that the slave once under the British flag became a free man the property rights of the former owner thereupon becoming extinct and not forming a subject for compensation Jay who really held the same opinion had to yield the point it was agreed that the western post should be evacuated by June 1, 1796 an arrangement which would allow the British government to retain them about two years longer that government had already justified its retention of these posts by avering that the United States had not complied with the articles of the peace treaty relating to British debts Jay was not in a position to argue the point with any force or when he was Secretary of Foreign Affairs he had advised Congress that these articles have been constantly violated on our part by legislative acts then and still existing and operating and that Great Britain was therefore not to blame for retaining the posts the British government was undoubtedly cognizant of this report and Jay could not make any effective opposition to a proviso which in effect said to the United States before surrounding the post we will wait and see whether you intend to fulfill your agreements the root of the trouble and evil often felt and still experienced in the United States was defective sovereignty and inability of the whole to control the behavior of its parts Jay could not deny that the peace treaty had been violated by state legislation and only by the humiliating means of an avowal of its impotence could he exonerate the national government from the imputation of bad faith the matter was disposed of by provision for a joint commission to decide upon all cases in which it was alleged that unlawful impediments have been placed in the way of collection of debts due British subjects and by the United States undertaking payment of the rewards a similar commission was to pass upon American claims for British violation of neutral rights this arrangement was a concession whose practical value was eventually shown by the fact that as a result American merchants received some millions of dollars Jay displayed marked a dirtiness as a negotiator in dealing with the issues growing out of past differences but he made an extraordinary slip in providing for commercial relations between the two countries in their general tenor the articles displayed broad liberality between all British dominions in Europe and the territories of the United States there was to be a reciprocal and perfect liberty of commerce and navigation American vessels were to be admitted and hospitably received in the ports of East India and although participation in the coasting trade was prohibited it was provided that this restriction should not prevent ships going from one port of discharge to another the East Indian trade was not however so important as the near west Indian trade and with respect to the latter the treaty provisions were narrow and exacting American vessels were limited to 70 tons burden and it was provided that the United States will prohibit and restrain the carrying away of molasses sugar coffee or cotton in American vessels either for His Majesty's islands or the United States to any part of the world except the United States reasonable sea stores accepted Jay in a letter to Washington excused his acceptance of this restraint on the ground that the commercial part of the treaty may be terminated at the expiration of two years after the war and in the meantime a state of things more auspicious to negotiation will probably arise especially if the next session of Congress should not interpose fresh obstacles the treaty was silent on the subject of impressment but Jay's value on that point was just what was to have been expected in view of the unwillingness of the United States to defend its commerce impressment was not abandoned until many years afterwards and then not through treaty stipulation but because the United States had a Navy and could resist aggression on the seas in its treatment of the subject of contraband the treaty took positions in accord with the international law then received but in one respect it made a distinct advance provision was made that war between the two countries should never become the pretext for confiscation of debts or annulment of contracts this position involves the noble principle that war should never supersede justice but should be the servant of justice great practical advantage was experienced from it in the war of 1812 when the United States was that creditor nation on the whole Jay's diplomacy was as enlightened as it was true but at the time it exposed him to furious denunciation which he disdained to notice I had read the history of Greece he wrote to a friend and was surprised politics and proceedings of more recent date the philosophic composure which he drew from his knowledge of history enabled him to behave with calm dignity while he was being burned in effigy and while mob orators were heaping insult and calamity on his name after a struggle that shook the government the treaty was ratified by the senate on June 24, 1795 with the exception of the article about the west indian trade and omission to which great britain made no objection the treaty was extremely unpopular chiefly because unreasonable expectations of its provisions have been entertained people had yet to learn that national independence has its defects as well as its advantages and that the traditional intimacy between the west indies and america was now on a footing of privilege and not of right the great benefits conferred by the treaty were therefore not appreciated and so violent was the fury its terms excited that it was perhaps fortunate that jay did not resume his seat on the supreme bench before his return from england and before the details of the treaty had been made public he had been elected governor of new york and to accept this office he resigned the chief justice ship end of chapter seven