Revise the rule, and con-
form it to justice, and South Carolina will stand at a larger sum, and other
states at a less.
form it to justice, and South Carolina will stand at a larger sum, and other
states at a less.
Hamilton - 1834 - Life on Hamilton - v2
James.
" This re-
markable despatch was referred to a committee of which
Hamilton was chairman. His views on this subject had
memoirs, and histories of those great men who have heretofore shone in the
diplomatic order, and conducted the affairs of nations and the world. He
ahould be of an age to possess a maturity of judgment arising from expe-
rience in business. He should be active, attentive, and industrious, and
above all, he should possess an upright heart, and an independent spirit, and
should be one who decidedly makes the interest of his country--not the policy
of any other nation, nor his own private ambition or interest, or those of his
family, friends, and connections--the rule of his conduct.
"We hear so much said about a genteel address, and a facility in speaking
the French language, that one would think a dancing master and a French
master the only tutors necessary to educate a statesman. Be it remembered,
the present revolution, neither in America nor Europe has been accomplished
by elegant bows, nor by fluency in French, nor will any great thing ever be
effected by such accomplishments alone. A man must have something in his
head to say before he can speak to effect, how ready soever he may be at utter-
ance. And if the knowledge is in his head and the virtue in his heart, he will
never fail to find a way of communicating his sentiments to good purpose.
He will always have excellent translators ready, if he wants them, to turn
his thoughts into any language he desires.
"As to what is called a fine address, it is seldom attended to after a first
or second conversation, and even in these it is regarded no more by men of
sense of any country than another thing, which I heard disputed with great
vivacity among the officers of the French frigate, the Sensible. The ques-
tion was, what were the several departments of an ambassador and a secre-
tary of legation. After a long and shrewd discussion, it was decided by a
majority of votes, ' that the secretary's part was to do the business, and that
of an ambassador * * * * * ? . ' This decision produced a laugh
among the company, and no ideas of the kind will ever produce any thing
else among men of understanding.
"It is very true that it is possible that a case may happen, that a man
may serve his country by a bribe well placed, or an intrigue * * * *
* * . But it is equally true, that a man's country will be sold and be-
trayed a thousand times by this infamous commerce, where it will be once
served. It is very certain that we shall never be a match for European
statesmen in such accomplishments for negotiation, any more than, I must
and will add, they will equal us in any solid abilities, virtues, and application
to business, if we choose wisely among the excellent characters with which
our country abounds. "--7 D. C. 21.
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? HAMILTON.
285
long been formed; he was of the opinion that it ought to
be "the basis of our commercial system not to make
particular sacrifices, nor to expect particular favours. "
Though the advocate of a reciprocal freedom of com-
merce, it has been seen that he was fully sensible of the
importance of the power of protecting the peculiar inter-
ests of a community where, from the previous colonial
restrictions, there was little diversity in the pursuits of
industry.
But the powers of the confederacy were inadequate to
this object, the policy of England was not developed, and,
until those powers were enlarged and that policy disclosed,
he felt that a temporary arrangement would be most ex-
pedient.
Under this conviction, and not satisfied by the despatch
from Adams, of the wisdom of intrusting to him the sole
conduct of so important a negotiation, he reported a reso-
lution* that Franklin and Jay should be empowered with
him, or either of them in the absence of the others, " to en-
ter into a treaty of commerce between the United States
of America and Great Britain, subject to the revisal of the
contracting parties previous to its final conclusion; and in
the mean time, to enter into a commercial convention to
continue in force one year," and "that the secretary for
foreign affairs should lay before congress, without delay,"
a plan of a treaty of commerce, and instructions to be
transmitted to the commissioners.
This plan proposed a direct commerce with Great Brit-
ain, except as to such articles, the importation or exporta-
tion of which might be prohibited in all her dominions,
excepting the territories of the East India and Hudson's
Bay companies; the subjects of Great Britain paying the
same duties in the United States as the citizens of the
* May 1, 1783.
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? 28(>
THE LIFE OF
United States paid in Great Britain, and which were not
to exceed those paid by the most favoured nations,--par-
ticipating in any concession freely, if freely made, or if
conditional, allowing a similar compensation. In neither
country were the citizens or subjects of the other to be
regarded as aliens, except as to an exemption from military
duty.
The plan* being referred on the nineteenth of June,
instructions were reported to accompany it. They strong-
ly urged the articles as to a free commerce, on the ground
that the immunities offered to British subjects, particu-
larly those permitted to settle in the United States,
were a full equivalent, as they would probably direct their
trade into such channels as England would prefer. If
these terms could not be obtained, others as similar to
them as possible were to be obtained, and they were di-
rected "to bear in mind that the great leading object of
these states, was to find the West India market open for
their own produce, and to be permitted, as far as possible,
* Madison to Jefferson, May 13, 1783. --"A project for a treaty of com-
merce with Great Britain has been reported by the secretary of foreign affairs,
and is now in the hands of a committee. The objects most at heart, are--
first, a direct trade between this country and the West Indies; secondly, a
right of carrying between the latter and other parts of the British empire;
thirdly, a right of carrying from the West Indies to all other parts of the
world. As the price of these advantages, it is proposed that wc shall admit
British subjects to equal privileges with our own citizens. As to the first
object, it may be observed, that the bill lately brought into the British par.
liamcnt, renders it probable that it may be obtained without such a cession ,
as to the second, that it concerns the eastern states chiefly; and that as to the
third, that it concerns them alone. Whilst the privilege to be conceded, will
chiefly, if not alone, affect the southern states. The interest of these, seems
to require that they should retain, at least the faculty of giving any encour-
agement to their own merchant-ships or mariners, which may be necessary
to prevent a relapse under Scotch monopoly, or to acquire a maritime im-
portance. The eastern states need no such precaution. "--Madison Papers;
vo). 1, p. 531.
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? HAMILTON.
287
to be the carriers of theirs. " The trade of the coast of
Africa, and permission to cut wood in the bay of Hondu-
ras, were indicated as desirable. They were to represent
as inducements to the grant of these advantages, that un-
less these channels were opened to America, she would be
without the means of paying for the manufactures requi-
red, and be compelled to manufacture for herself. But if
a market was given for her raw materials, agriculture, and
not manufactures, would be encouraged. They were in
no event to conclude any treaty, unless the trade with the
West Indies was placed on its former footing. It was not
to be definitive until approved by congress, but a conven-
tion on these principles might be entered into, to endure
one year.
The expediency of making an admission to the West
India market an indispensable condition, was doubted.
It was still "a fundamental law of Europe, that all
commerce with a foreign colony shall be regarded as a
mere monopoly. "* That a nation so fenced in by monopo-
lies, and which then considered it as a cardinal maxim to
secure to herself the exclusive trade of her colonies, would
relax in favour of the United States, so recently revolted,
was little to be expected. Indeed, the people of this coun-
try did not, at the beginning of the revolution, expect it.
In the address of congress to the inhabitants of Great Brit-
ain, made in seventeen hundred and seventy-five, they de-
clared, "We cheerfully consent to such acts of the British
parliament as shall be restrained to the regulation of our
external commerce, for the purpose of securing the com-
mercial advantages of the whole empire to the mother
country, and the commercial benefit of it to its respective
members. "
Under these considerations, and unwilling to interpose
* Montesquieu, liv. 21, cap. 17.
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? THE LIFE OF
so serious an impediment to a treaty, and, on the part of
some, to recognise the policy that America was to continue
a merely agricultural nation, this resolution was postponed.
In the ensuing month,* the minister of France anxious to
secure to his country a monopoly of the American trade,
announced to congress that he would not sign a treaty
but in concert with the United States, and at the same
time condemned "the too precipitate admission of British
vessels into the American ports. "
The statesmen of England had, in the mean time, also
been occupied with this subject. It has been seen, that
while the party which plunged their country into this dis-
astrous conflict--still clinging to the hope of recovering
their popularity, by soothing the pride of the nation, and
obedient to the prejudices of the monarch--shrank from
the express acknowledgment of independence, their oppo-
nents, during the brief ascendency of Fox, whose enlight-
ened mind was governed by an enlarged philanthropy,
took a different view.
He contended that it became the British government to
tender an absolute, unconditional acknowledgment of inde-
pendence in the first instance, as a measure not less due to
her national character, than prompted by her best interests.
Similar difference of opinion existed as to the policy which
ought to govern the commercial relations of the two coun-
tries. The advocates of unconditional terms, as soon as
the provisional treaty was completed, proposed in parlia-
ment to repeal all the existing prohibitory acts, and recom-
mended an open trade with the United States. On the
third of March, seventeen hundred and eighty-three, a bill
was presented by Pitt, who had just commenced his dis-
tinguished career, framed " on the most enlarged princi-
ples of reciprocal benefit," to operate until a treaty should
* July 21, 1783.
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? HAMILTON.
289
be formed. This bill would have placed the American
commerce, both in the direct and colonial trade, on the
same terms with that of England. These liberal views
were also approved by a large party of the merchants.
But the bill was opposed, in every stage of it, by the navi-
gating interest, as an infraction of existing treaties; as a
violation of the policy of the navigation act, which, it was
contended, by the terms of the settlement with Ireland,
would have been wholly repealed, as respected that king-
dom, if repealed in any particular affecting England; as a
measure unequal in its operation on different parts of the
empire, and not warranted by the spirit of the treaty be-
tween the United States and France. It was the appeal
of established opinions to national prejudices; an appeal
rarely unsuccessful. Great diversity of opinion also arose
as to the extent to which it would be prudent to open the
commerce of the West Indies, and while the discussion was
pending, a coalition was formed between North and Fox.
They succeeded to power; the influence of the king pre-
dominated; Pitt's bill failed, and the crown was authorized
to make temporary regulations.
The policy of these regulations was obviously to monopo-
lize the navigation. In the direct trade between the West
Indies and England, the tropical products were bulky, and
required a large tonnage. The wants of the islands only
gave small outward freights. It was intended to supply
these by the carriage to the United States, thence to the
West Indies, and from the West Indies, by a return cargo,
to the mother country.
The course of the negotiations on the part of England
partook of the fluctuations in her councils. Not long
after the signature of the preliminary articles, the king
of England instructed Hartley to negotiate a treaty of
commerce with the United States. This informality
was objected to, and he was subsequently duly commis-
si
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? 290
THE LIFE OF
turned. A proposition* for a temporary convention, autho-
rizing a mutual intercourse on the footing of " natives" was
made on behalf of this country. England declined assent-
ing to it. Hartley then offered to place the trade of the
two countries on the same basis as that upon which' it had
existed before the war; but excluding American citizens
from a direct intercourse between the British West Indies
and the mother country. This also proved to be unautho-
rized, and no further instructions were given.
The British ministry, acting on the power of regulation
recently conferred upon them, issued two proclamations;
the first of which restrained the importation of the pro-
duce of the United States to British vessels, navigated
according to her laws, or to vessels belonging to the state
of which the cargo was the produce ;f and the other, in
effect, absolutely prohibited American vessels or citizens
from trading to the British colonies. Convinced that no
advantage could be derived from longer delay, the defini-
tive treaty of peace, which was a copy of the provisional
articles, was signed on the third of September, seventeen
hundred and eighty-three.
Soon after this event, copies of the recent proclamations
were received by congress from their ministers, who an-
nounced propositions for entering into treaties by several
leading European powers.
The conduct of England was supposed to indicate the
importance of such treaties, and instructions were passed,
declaring the principle on which these negotiations should
be commenced. They were to have for their basis the
mutual advantage of the contracting parties, on terms of
equality and reciprocity, and not to be repugnant to their
* The article submitted by Jay proposed to exclude the importation of slaves,
t Several staples of the United States were also excluded, even in British
bottoms.
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? HAMILTON.
291
existing treaties. The report of June, as to the terms of a
treaty with Great Britain, was thus superseded.
These resolutions passed on the twenty-ninth of Octo-
ber, seventeen hundred and eighty-three.
On the third of November a new congress met at
Princeton, when seven states being represented, a president
was chosen. After a session of two days, it adjourned to
meet at Annapolis, on the twenty-sixth day of the same
month ; but a quorum was not formed until the thirteenth
of December, on which day nine states were represented.
From the same cause, so rapidly had that body declined in
the public estimation, notwithstanding a call upon the
states urging the necessity of ratifying the definitive trea-
ty, a full meeting was not had until the fourteenth of Jan-
uary, when that treaty was unanimously ratified, and a
resolution was adopted recommending the restitution of
confiscated property.
A provision for the interest on a part of the debt was
brought under consideration on the following day, by a
memorial from the holders of loan-office certificates, when
a declaratory resolution was adopted, that they were not
subject to depreciation. A representation by the foreign
officers, not attached to the state lines, of the hardships
incurred by them from being paid in depreciated paper,
was soon after made to congress, and directions were giv-
en to the superintendent of finance, to pay them such
sums, on account of their pay, as would relieve them from
their embarrassments, and enable them to return to
Europe. With the exception of the acceptance from
Virginia of a cession of her western territory,* nothing
* The deed of cession contained this provision--" That all the lands with-
in the territory so ceded to the United States, and not reserved for, or appro-
priated to any of the before mentioned purposes, or disposed of in bounties to
the officers and soldiers of the American army, shall he considered as a com-
mon fund, for the use and benefit of such of the United States, as have be-
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? 292
THE LIFE OF
of moment, owing to the continued remissness of the dele-
gates, was done until the month of April, when the grand
committee, of which Jefferson was chairman, presented a
report on the finances. This document--after exhibiting
an account for the interest on the debt, and the current
services of the year seventeen hundred and eighty-four,
of five millions four hundred and eighty thousand dollars,
and referring to the resolutions of the last congress for the
establishment of an impost, the delay of which rendered
other measures necessary for the discharge of the debt--
proceeded to represent, that as to twelve hundred thousand
dollars of interest, it was not embraced in the account,
because as the requisition of seventeen hundred and
eighty-two had given license to the states to apply the
requisite part of their quotas to the payment of interest on
the loan office, and other liquidated debts of the United
States, they supposed that the "actual payment of these
quotas had been uncommunicated to the office of finance. "
It then urged, that the United States should communicate to
that office the amount paid, and hasten the collection of
the residue. It next inquired, whether any surpluses re-
mained of former requisitions; and in this inquiry, pro-
ceeding on the ground that for part of those requisitions
certificates were received, which were transferred to the
fund proposed to be raised by the impost, the result was
arrived at, that a surplus remained exceeding five and a
half millions of dollars, which surplus it was proposed to
apply to the existing demands; in order to prevent any
new requisitions, not a sum equivalent to these demands,
come or shall become members of the confederation or federal alliance of the
said states, Virginia inclusive, according to their several respective propor-
tions in the general charge and expenditure, and shall be faithfully and htma
fide disposed of for that purpose and for no other me or purpose whatsoever. "
This deed was executed, March 1, 1784, by Jefferson, Lee, Hardy, and
Monroe.
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? HAMILTON.
203
but from a regard to the "exhausted state of the country,"
three-fourths of it.
The "abler states" were then "encouraged" to contrib-
ute as much more as was practicable, to be applied to
the payment of the interest and principal of the debt,
and to be credited in future requisitions; and an assur-
ance was given, that before any further demands should
be made, a revision of the quotas of the states would
be had.
By this scheme, the amount to be required was reduced
to about four and a half millions. To give further facilities
to the states, it was proposed, that one half of this sum should
be called for in money; that the other moiety, being the
interest on the domestic debt, should be met by discounts
of interest with the domestic creditors, for which, trans-
ferable certificates were to be issued, receivable in lieu of
money. A proposition of McHenry, to refer this report
to the superintendent of finance, was negatived, and on a
subsequent day, a motion was made by Jefferson to re-
duce the amount to be collected from three-fourths to one
half of the original sum, which, though defeated on the
first vote, prevailed after protracted and frequent de-
bates.
This report was ultimately adopted; and although it had
admitted that nearly five millions and a half were neces-
sary for the current service, the amount required by it
was reduced to a little more than two and a half millions
of dollars, a measure that left a large sum of interest un-
provided for, which was raised by the succeeding con-
gress. This was a complex affair. By preventing col-
lisions as to the respective quotas of the states, and by
imposing upon a future congress the irksome office of de-
manding increased contributions, it was better adapted to
secure a temporary popularity, and to subserve personal
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THE LIFE OF
objects, than to discharge the public engagements, or to
promote the public welfare. *
The refusal to refer this report to the superintendent
of finance, is indicative of the relations between that
officer and this congress. He soon after resigned his
office, and his powers were consigned to a new board of
treasury.
While this subject had in part occupied their attention,
a planf was discussed for the government of the western
territory, and principles were established on which, when
sufficiently peopled, it should be formed into subdivisions,
to be admitted as members of the confederacy. The re-
* In a letter from Rufus King, a delegate in the succeeding congress, to
Gerry, it is observed: "The recommendation of the twenty-seventh April,
seventeen hundred and eighty-four, is the source of great embarrassment.
Congress thereby declare, that they will not call for further moneys until the
states have all paid up former deficiencies; and they engage to credit ad-
vances over the moiety of the eight millions of dollars in the next requisition.
The recommendation of last year, which is a very complex affair, also states,
that before the residue of the eight and two millions of dollars, not thereby
called for, should be required, congress would revise the rule of apportion-
ment, and make it conformable to justice, upon the best evidence in their
power at the time. South Carolina, in the apportionment of the eight mil-
lions, stands at the same sum as New-Hampshire.
Revise the rule, and con-
form it to justice, and South Carolina will stand at a larger sum, and other
states at a less. This is what I contend for; and if it succeeds, we shall
bring in South Carolina. Indeed, it may be questionable whether we ought
not to reconsider the recommendation of last year on this subject, and to en-
join it upon the states to comply with the expectations of congress, in paying
a moiety of the quotas of the eight millions last year required, and make a
new requisition for the moneys necessary for the present year, without refer-
ence to former requisitions. It will be the occasion of confusion and intrica-
cy, if every new requisition upon the states for money is to operate as a
balanee. iill to all preceding demands. "
t Jefferson's plan, dated March 1st, 1784, proposed that each state should
comprehend two degrees of latitude, divided by north and south parallels, and
that they should be named Sylvania, Michigania, Chersonesus, Assinipia,
Metropotamia, Illinoia, Saratoga, Washington, Polypotamia, Pelisipia, and
should become states as soon as each contained 40,000 souls.
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? HAMILTON.
295
port was from Jefferson, Chase, and Howell. It is to be
remarked, that it embodied a proviso for the exclusion of
slavery in the contemplated states, after the commence-
ment of the nineteenth century, which, though sustained
by the votes of all (but the southern states,) and by those
of Jefferson and Williamson, was expunged. This report
is a remarkable event in the history of its author. It con-
templated an exercise of the highest powers of govern-
ment; nothing less than the creation of independent
states; their admission as members of the confederacy,
and the determination of the conditions of such admission.
But it was an exercise of powers not delegated to the
confederation ! " All this was done without the least col-
our of constitutional authority; yet no blame was whisper-
ed, no alarm sounded. The public interest, the necessity
of the case, imposed upon congress the task of overleaping
their constitutional authority. "*
It has been previously mentioned that Jefferson had re-
paired to Philadelphia the preceding year, with a view to
his embarcation as a joint commissioner in the negotiation
at Paris. He was appointedf on motion of Madison, it
being suggested that a recent domestic calamity had
probably changed his sentiments with regard to public
life; that " all the reasons for his original appointment still
existed, and had acquired additional force from the im-
probability that Laurens would actually assist in the ne-
gotiation. ":); The intelligence from Europe led to a reso-
lution, that he must " not proceed on his intended voyage
until further instructions. " Though he hoped there was
no prospect of his having any thing more to do than to
join in the celebration of peace, he remained near the seat
* Such was the charge, and such the defence. --Federalist, No. 38, by
Madison,
t November 12, 1783.
t February 14, 1783.
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of congress," much agitated with the suspense* in which he
was held, until the first of April, when Hamilton reported,j-
"that the object of his appointment was so far advanced as
to render his services no longer necessary. "
A mission to Europe was still his favourite aim, and no
more certain mode of obtaining it offered, than a seat in
congress.
The events of the last year had shown that every effort
to conclude a commercial treaty with Great Britain, had
been vain, and if France could have been previously in-
duced to adopt a more liberal policy, the negotiations for
the treaty of peace had dispelled every hope of that kind.
The previous congress had, in conformity with Hamilton's
views, dissuaded a multiplication of pacts with foreign na-
tions, until the confederacy should have been invested
with an efficient control over its members, and until time
and experience should have indicated what system of reg-
ulations would best promote the permanent interests of
the United States. But the recent overtures were to be
met, and when the field of ambition was so circumscribed
at home, nothing could be more attractive than the position
of determining the foreign relations of this youthful em-
pire ; nor more enchanting to a visionary mind, than the
attempt to overturn at once the prevailing maxims of Eu-
ropean diplomacy, and to substitute an universal system of
* December 30, 1782. --" Mr. Jefferson arrived here on Friday last, and
is industriously arming himself for the field of negotiation. The commission
issued to Mr. Oswald impresses him with a hope that he may have nothing to do
on his arrival, but join in the celebration of victory and peace. Congress,
however, anxiously espouse the expediency of his hastening to his destina.
tion. "
March 11,1783. --"Mr. Jefferson is still here, agitated, as you may sup-
pose, with the suspense in which he is kept. He is anxious as myself for
your going into the legislature. "--Madison to Edmund Randolph, vol. 1,
495-514.
t Vol. 1, No. 25, department of state.
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? HAMILTON. 297
free trade. The mode adopted to obtain this object was
as certain to result in failure, as the object was at that time
hopeless. It was a novel idea, and had an imposing air,
to establish a central commission at Paris, whither the na-
tions of Europe might resort, to ask a participation in the
commerce of the new world. Should the dignity of Brit-
ain scorn, or the pride of Spain revolt at the idea of ne-
gotiating under the supervision of France, yet still it
would be a happy thing to escape the turmoils of a jarring
confederacy, to withdraw from the sufferings of a recent
war, and to enjoy the only official emoluments, ease and
honour, which the penury of the people could support. To
others was left the labour of building up the constitution
of the country.
Jefferson introduced a report on the foreign relations.
After reciting the advantages to be derived from treaties
with the various nations of Europe, he proposed that
each treaty should contain a stipulation that each party
should have the right to carry their own produce, manu-
factures, and merchandise, in their own bottoms to the
ports of the other, and thence to take the produce and man-
ufactures of the other, paying such duties only as are paid
by the most favoured nation,--freely, where freely grant-
ed to such nation, and paying the compensation where
such nation does the same. "That with nations hold-
ing possessions in America, a direct and similar inter-
course be admitted between the United States and such
possessions; or if that could not be obtained, a direct and
similar intercourse between the United States and certain
free ports within such possessions. If neither of these--
permission to bring, in their own bottoms, their produce
and merchandise to the United States directly, and similar
permission to the United States as to their produce
and vessels; or else, a permission to the inhabitants of
such possessions to carry their produce and merchandise
38
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in their own bottoms to the free ports of other na-
tions; and thence to take back, directly, the produce and
merchandise of. the United States; and that in all such
treaties, the United States should be regarded as one na-
tion, upon the principles of the federal constitution. " Provis-
ions that free ships should make free goods, defining articles
of contraband and the state of blockade, were also to be
made; with the additional stipulation, that a contraband
trade should not induce confiscation.
Security was also to be assured to persons following
the peaceful arts; and a stipulation that private ships should
continue their trade free and unmolested during war, and
that privateers should not be employed, was proposed.
Aliens were to be excluded holding real estate within the
United States, as "utterly inadmissible by their several laws
and policy ;" but in case they did, it was not on their de-
mise to escheat, but might be sold for the benefit of their
representatives. All treaties were to be limited to ten.
years, unless the foreign party "pertinaciously insisted"
on their being extended to fifteen years. On the dis-
cussion of the leading principles of these instructions,
placing each nation on the footing of the most favoured, a
substitute was offered to establish the intercourse on the
basis of " nativesbut if this could not be obtained, then
on that of "the most favoured nation. " This amendment
was lost on the vote by states, though of the members
present, a majority were in favour of it. * It was also con-
tended that a distinction ought to be made between Brit-
ish and American vessels by a difference of duties. If not
then made, that it was at least important to reserve the
power of making such a discrimination in case pecu-
* Affirmative--Massachusetts, Connecticut, Pennsylvania, Maryland,
Virginia, (three to two,) Jefferson and Monroe in the negative. Negative--
New-Hampshire and New Jersey. Divided--Rhode Island, New-York,
North and South Carolina.
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? HAMILTON.
299
liar circumstances should render its exercise necessary.
Owing to these differences of opinion, it was moved
to postpone acting upon this report until the disposition
and concurrence of the several state legislatures should be
ascertained, which, the motion stated, "the constitution
renders highly prudent, if not indispensably necessary in
forming commercial treaties. "
With this motion a resolution was offered directing
foreign powers to be apprised of the desire of the United
States " to form treaties upon terms of perfect reciprocity
and equality; and for that purpose were ready to enter
into negotiations in America. " Five commissioners had
been appointed to negotiate the treaty with England, thus
representing each important section of the union. To
gain the benefit of this precedent, it had been proposed to
appoint two additional commissioners. One of the objects
of this resolution was, to prevent so unnecessary an in-
crease of the number of foreign ministers. But it was
defeated, and the report of Jefferson was recommitted.
Another report had recently been made proposing a re-
duction of the civil list. It was next moved to postpone
these appointments for the purpose of considering this
report. The division of states being equal, this motion
was also lost. * The idea of two additional commission-
ers was then abandoned, and it was moved to add one to
the existing number.
This proposal was resisted, and in lieu of it a declaratory
resolution was offered, "that the interests of the United
States do not require more than three commissioners
plenipotentiary to be supported in Europe to negotiate
treaties of commerce. " This declaration would have de-
feated Jefferson, and at the instance of Virginia it was
superseded by the previous question. A debate next arose
4 J. c. 396-7.
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on a proposal to reduce the salaries of these ministers,*
which prevailed. To prevent this reduction, a member
from Virginia insisted that it was a proposition which re-
quired the assent of nine states. This extraordinary ob-
jection was defeated, only five members voting for it; but
the next day, at the instance of Gerry, the salary was
established at nine thousand dollars.
Jefferson had recommended a delusive provision for the
public creditors, and had urged "forbearance," on the
ground "that the states were just relieved from the
ravages of predatory armies, returning from an attend-
ance in camps to the culture of their fields; beginning to
sow, but not yet having reaped; exhausted of necessaries
and habitual comforts, and therefore needing new supplies
out of the first proceeds of their labour. " He was also
of the committee which had recommended retrenchments
in the public expenditure, and which did not contemplate
in their report this additional officer.
Under these circumstances, the appointment of an unne-
cessary commissioner was viewed as proceeding solely
from a desire to bestow office on an individual, by a
body of which he was a member, without any regard to
the condition of the country. It gave rise to much dissat-
isfaction. At this moment a letter was received from
Franklin, announcing that Jay had determined to embark
for America. The motive to an increase of the number
of the commission now ceased, and the measure was aban-
doned.
1 The office of secretary of foreign affairs was vacant.
Jay, in his late mission, had confirmed the confidence of the
nation. His appointment to that department would sat-
isfy the public, and propitiate those who were offended
with this gross and glaring effort to provide for a favour-
* From $11,000 to $8,000.
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? HAMILTON.
301
ite. The dissatisfaction given by Jay to the partisans of
France was therefore smothered, and yielded to the present
object; and on the same day, the seventh of May, Jay in his
absence, at the instance of Gerry, was elected to the foreign
department, and with his concurrence Jefferson, on the
motion of a colleague from Virginia, was chosen to fill the
vacancy in the commission.
An occurrence of this kind could not fail to produce
a strong and lasting impression. A twelvemonth after,
Massachusetts urged, through her delegates, a resolution
that no member of congress should be appointed to any
office during the term for which he was elected; and a pro-
vision was inserted in the federal constitution, which would
seem to have had this case in view. It rendered a mem-
ber of congress ineligible " to any civil office that had been
created, or the emolument whereof had been increased, du-
ring the time for which he was elected. "
Jefferson's commercial report was now again brought
forward with some additions. Of these, the most impor-
tant was, that these instructions should be considered as
supplementary to those of October, seventeen hundred and
eighty-three; that where the commissioners should be able
to form treaties on principles in their judgment more ad-
vantageous to the United States than those of the report,
they were permitted to adopt such principles, and that it
would be agreeable to have supplementary treaties with
France, Holland, and Sweden, which may bring the trea-
ties previously entered into, as nearly as may be to the
principles now directed.
Numerous exceptions were taken to a treaty framed on
the principle of these instructions, in a report* subsequently
made to congress by the secretary of foreign affairs.
These are to be regarded, not as exceptions to stipulations
Report of Jay. --2 D. C. 234.
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of the most perfect equality and reciprocity in a particu-
lar treaty with any one nation, where the interest of the
country might dictate them, but as exceptions to the es-
tablishment, at that time, of a general system of policy, ex-
cluding all discriminations or prohibitions, however their
necessfty might be indicated by peculiar circumstances.
Jay thought that a system for regulating the trade of the
United States should be framed and adopted before they
entered into further treaties of commerce. Various rea-
sons were given to show that it was inexpedient to make
the conduct of the parties towards the most favoured na-
tions, the rule of their conduct towards each other; among
these, a principal one was, that the interchange of favours
between the United States and a nation merely European,
would probably be regulated by principles and considera-
tions distinct, in a certain degree, from those which should
regulate such an interchange between them and nations
partly European and partly American. * There might, he
said, exist reasons for freely granting to one nation what
there might be no reason for granting to another. He
also doubted the expediency of agreeing absolutely that
any nation should be at liberty to bring and vend into the
United States, all or any of their productions and manufac-
tures witlwut exception, because it might be necessary to
prohibit the importation of some of them, either to check
luxury, or to promote domestic manufactures. f
* "We abstained," Jefferson observed, "from making new propositions to
others having no colonies, because our commerce being an exchange of raw
for wrought materials, is a competent price for admission into the colonics
of those possessing them; but were we to give it without price to others,
all would claim it without price, on the ordinary ground of gentis nmicis-
simtB. "--Jefferson's Works, vol. 1, p. 51.
t In the treaty which was the immediate subject of this report, one arti.
cle precluded the laying an embargo. This was objected to, for a reason not
easily disputed.
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? HAMILTON.
303
But one other topic of moment arrests attention in
the proceedings of this congress. It related to the garri-
soning of the frontier posts. The hostility evinced by
New-York to the employment of continental troops for
that purpose, has been previously mentioned. The expec-
tation that the negotiation which was pending for the sur-
render of those posts would be successful, produced great
anxiety in the councils of that state, and she urged, with
extreme earnestness and pertinacity, a declaration by con-
gress, in pursuance of the articles of confederation, of the
number of troops necessary to be kept up by her for the
protection of her frontier. This subject, though frequently
presented to that body, was deferred from an apprehension
of authorizing an individual state to maintain an armed
force. To avoid this alternative, propositions were made
in congress for the enlistment of a thousand men, to protect
the commissioners recently appointed to hold treaties with
the Indians, and to defend the frontiers.
The fate of these propositions is indicative of the tem-
per of the times. After repeated and laboured debates, a
resolution was introduced by Gerry, proclaiming "the
danger of confiding to a body, which was already empow-
ered to make foreign and domestic loans, and to issue bills
of credit, that of raising standing armies;" and it was de-
termined to discharge the few troops which had been
retained in the service of the United States. The stand-
ing army was reduced to eighty men. No officer was re-
tained of a higher rank than captain, and the western
frontiers were to be protected by a requisition for a regi-
ment of militia. The congress of the United States having,
in virtue of the confederation, at the instance of Jefferson,
chosen from its own body a " committee of the states," now
adjourned.
markable despatch was referred to a committee of which
Hamilton was chairman. His views on this subject had
memoirs, and histories of those great men who have heretofore shone in the
diplomatic order, and conducted the affairs of nations and the world. He
ahould be of an age to possess a maturity of judgment arising from expe-
rience in business. He should be active, attentive, and industrious, and
above all, he should possess an upright heart, and an independent spirit, and
should be one who decidedly makes the interest of his country--not the policy
of any other nation, nor his own private ambition or interest, or those of his
family, friends, and connections--the rule of his conduct.
"We hear so much said about a genteel address, and a facility in speaking
the French language, that one would think a dancing master and a French
master the only tutors necessary to educate a statesman. Be it remembered,
the present revolution, neither in America nor Europe has been accomplished
by elegant bows, nor by fluency in French, nor will any great thing ever be
effected by such accomplishments alone. A man must have something in his
head to say before he can speak to effect, how ready soever he may be at utter-
ance. And if the knowledge is in his head and the virtue in his heart, he will
never fail to find a way of communicating his sentiments to good purpose.
He will always have excellent translators ready, if he wants them, to turn
his thoughts into any language he desires.
"As to what is called a fine address, it is seldom attended to after a first
or second conversation, and even in these it is regarded no more by men of
sense of any country than another thing, which I heard disputed with great
vivacity among the officers of the French frigate, the Sensible. The ques-
tion was, what were the several departments of an ambassador and a secre-
tary of legation. After a long and shrewd discussion, it was decided by a
majority of votes, ' that the secretary's part was to do the business, and that
of an ambassador * * * * * ? . ' This decision produced a laugh
among the company, and no ideas of the kind will ever produce any thing
else among men of understanding.
"It is very true that it is possible that a case may happen, that a man
may serve his country by a bribe well placed, or an intrigue * * * *
* * . But it is equally true, that a man's country will be sold and be-
trayed a thousand times by this infamous commerce, where it will be once
served. It is very certain that we shall never be a match for European
statesmen in such accomplishments for negotiation, any more than, I must
and will add, they will equal us in any solid abilities, virtues, and application
to business, if we choose wisely among the excellent characters with which
our country abounds. "--7 D. C. 21.
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? HAMILTON.
285
long been formed; he was of the opinion that it ought to
be "the basis of our commercial system not to make
particular sacrifices, nor to expect particular favours. "
Though the advocate of a reciprocal freedom of com-
merce, it has been seen that he was fully sensible of the
importance of the power of protecting the peculiar inter-
ests of a community where, from the previous colonial
restrictions, there was little diversity in the pursuits of
industry.
But the powers of the confederacy were inadequate to
this object, the policy of England was not developed, and,
until those powers were enlarged and that policy disclosed,
he felt that a temporary arrangement would be most ex-
pedient.
Under this conviction, and not satisfied by the despatch
from Adams, of the wisdom of intrusting to him the sole
conduct of so important a negotiation, he reported a reso-
lution* that Franklin and Jay should be empowered with
him, or either of them in the absence of the others, " to en-
ter into a treaty of commerce between the United States
of America and Great Britain, subject to the revisal of the
contracting parties previous to its final conclusion; and in
the mean time, to enter into a commercial convention to
continue in force one year," and "that the secretary for
foreign affairs should lay before congress, without delay,"
a plan of a treaty of commerce, and instructions to be
transmitted to the commissioners.
This plan proposed a direct commerce with Great Brit-
ain, except as to such articles, the importation or exporta-
tion of which might be prohibited in all her dominions,
excepting the territories of the East India and Hudson's
Bay companies; the subjects of Great Britain paying the
same duties in the United States as the citizens of the
* May 1, 1783.
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THE LIFE OF
United States paid in Great Britain, and which were not
to exceed those paid by the most favoured nations,--par-
ticipating in any concession freely, if freely made, or if
conditional, allowing a similar compensation. In neither
country were the citizens or subjects of the other to be
regarded as aliens, except as to an exemption from military
duty.
The plan* being referred on the nineteenth of June,
instructions were reported to accompany it. They strong-
ly urged the articles as to a free commerce, on the ground
that the immunities offered to British subjects, particu-
larly those permitted to settle in the United States,
were a full equivalent, as they would probably direct their
trade into such channels as England would prefer. If
these terms could not be obtained, others as similar to
them as possible were to be obtained, and they were di-
rected "to bear in mind that the great leading object of
these states, was to find the West India market open for
their own produce, and to be permitted, as far as possible,
* Madison to Jefferson, May 13, 1783. --"A project for a treaty of com-
merce with Great Britain has been reported by the secretary of foreign affairs,
and is now in the hands of a committee. The objects most at heart, are--
first, a direct trade between this country and the West Indies; secondly, a
right of carrying between the latter and other parts of the British empire;
thirdly, a right of carrying from the West Indies to all other parts of the
world. As the price of these advantages, it is proposed that wc shall admit
British subjects to equal privileges with our own citizens. As to the first
object, it may be observed, that the bill lately brought into the British par.
liamcnt, renders it probable that it may be obtained without such a cession ,
as to the second, that it concerns the eastern states chiefly; and that as to the
third, that it concerns them alone. Whilst the privilege to be conceded, will
chiefly, if not alone, affect the southern states. The interest of these, seems
to require that they should retain, at least the faculty of giving any encour-
agement to their own merchant-ships or mariners, which may be necessary
to prevent a relapse under Scotch monopoly, or to acquire a maritime im-
portance. The eastern states need no such precaution. "--Madison Papers;
vo). 1, p. 531.
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? HAMILTON.
287
to be the carriers of theirs. " The trade of the coast of
Africa, and permission to cut wood in the bay of Hondu-
ras, were indicated as desirable. They were to represent
as inducements to the grant of these advantages, that un-
less these channels were opened to America, she would be
without the means of paying for the manufactures requi-
red, and be compelled to manufacture for herself. But if
a market was given for her raw materials, agriculture, and
not manufactures, would be encouraged. They were in
no event to conclude any treaty, unless the trade with the
West Indies was placed on its former footing. It was not
to be definitive until approved by congress, but a conven-
tion on these principles might be entered into, to endure
one year.
The expediency of making an admission to the West
India market an indispensable condition, was doubted.
It was still "a fundamental law of Europe, that all
commerce with a foreign colony shall be regarded as a
mere monopoly. "* That a nation so fenced in by monopo-
lies, and which then considered it as a cardinal maxim to
secure to herself the exclusive trade of her colonies, would
relax in favour of the United States, so recently revolted,
was little to be expected. Indeed, the people of this coun-
try did not, at the beginning of the revolution, expect it.
In the address of congress to the inhabitants of Great Brit-
ain, made in seventeen hundred and seventy-five, they de-
clared, "We cheerfully consent to such acts of the British
parliament as shall be restrained to the regulation of our
external commerce, for the purpose of securing the com-
mercial advantages of the whole empire to the mother
country, and the commercial benefit of it to its respective
members. "
Under these considerations, and unwilling to interpose
* Montesquieu, liv. 21, cap. 17.
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? THE LIFE OF
so serious an impediment to a treaty, and, on the part of
some, to recognise the policy that America was to continue
a merely agricultural nation, this resolution was postponed.
In the ensuing month,* the minister of France anxious to
secure to his country a monopoly of the American trade,
announced to congress that he would not sign a treaty
but in concert with the United States, and at the same
time condemned "the too precipitate admission of British
vessels into the American ports. "
The statesmen of England had, in the mean time, also
been occupied with this subject. It has been seen, that
while the party which plunged their country into this dis-
astrous conflict--still clinging to the hope of recovering
their popularity, by soothing the pride of the nation, and
obedient to the prejudices of the monarch--shrank from
the express acknowledgment of independence, their oppo-
nents, during the brief ascendency of Fox, whose enlight-
ened mind was governed by an enlarged philanthropy,
took a different view.
He contended that it became the British government to
tender an absolute, unconditional acknowledgment of inde-
pendence in the first instance, as a measure not less due to
her national character, than prompted by her best interests.
Similar difference of opinion existed as to the policy which
ought to govern the commercial relations of the two coun-
tries. The advocates of unconditional terms, as soon as
the provisional treaty was completed, proposed in parlia-
ment to repeal all the existing prohibitory acts, and recom-
mended an open trade with the United States. On the
third of March, seventeen hundred and eighty-three, a bill
was presented by Pitt, who had just commenced his dis-
tinguished career, framed " on the most enlarged princi-
ples of reciprocal benefit," to operate until a treaty should
* July 21, 1783.
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? HAMILTON.
289
be formed. This bill would have placed the American
commerce, both in the direct and colonial trade, on the
same terms with that of England. These liberal views
were also approved by a large party of the merchants.
But the bill was opposed, in every stage of it, by the navi-
gating interest, as an infraction of existing treaties; as a
violation of the policy of the navigation act, which, it was
contended, by the terms of the settlement with Ireland,
would have been wholly repealed, as respected that king-
dom, if repealed in any particular affecting England; as a
measure unequal in its operation on different parts of the
empire, and not warranted by the spirit of the treaty be-
tween the United States and France. It was the appeal
of established opinions to national prejudices; an appeal
rarely unsuccessful. Great diversity of opinion also arose
as to the extent to which it would be prudent to open the
commerce of the West Indies, and while the discussion was
pending, a coalition was formed between North and Fox.
They succeeded to power; the influence of the king pre-
dominated; Pitt's bill failed, and the crown was authorized
to make temporary regulations.
The policy of these regulations was obviously to monopo-
lize the navigation. In the direct trade between the West
Indies and England, the tropical products were bulky, and
required a large tonnage. The wants of the islands only
gave small outward freights. It was intended to supply
these by the carriage to the United States, thence to the
West Indies, and from the West Indies, by a return cargo,
to the mother country.
The course of the negotiations on the part of England
partook of the fluctuations in her councils. Not long
after the signature of the preliminary articles, the king
of England instructed Hartley to negotiate a treaty of
commerce with the United States. This informality
was objected to, and he was subsequently duly commis-
si
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THE LIFE OF
turned. A proposition* for a temporary convention, autho-
rizing a mutual intercourse on the footing of " natives" was
made on behalf of this country. England declined assent-
ing to it. Hartley then offered to place the trade of the
two countries on the same basis as that upon which' it had
existed before the war; but excluding American citizens
from a direct intercourse between the British West Indies
and the mother country. This also proved to be unautho-
rized, and no further instructions were given.
The British ministry, acting on the power of regulation
recently conferred upon them, issued two proclamations;
the first of which restrained the importation of the pro-
duce of the United States to British vessels, navigated
according to her laws, or to vessels belonging to the state
of which the cargo was the produce ;f and the other, in
effect, absolutely prohibited American vessels or citizens
from trading to the British colonies. Convinced that no
advantage could be derived from longer delay, the defini-
tive treaty of peace, which was a copy of the provisional
articles, was signed on the third of September, seventeen
hundred and eighty-three.
Soon after this event, copies of the recent proclamations
were received by congress from their ministers, who an-
nounced propositions for entering into treaties by several
leading European powers.
The conduct of England was supposed to indicate the
importance of such treaties, and instructions were passed,
declaring the principle on which these negotiations should
be commenced. They were to have for their basis the
mutual advantage of the contracting parties, on terms of
equality and reciprocity, and not to be repugnant to their
* The article submitted by Jay proposed to exclude the importation of slaves,
t Several staples of the United States were also excluded, even in British
bottoms.
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? HAMILTON.
291
existing treaties. The report of June, as to the terms of a
treaty with Great Britain, was thus superseded.
These resolutions passed on the twenty-ninth of Octo-
ber, seventeen hundred and eighty-three.
On the third of November a new congress met at
Princeton, when seven states being represented, a president
was chosen. After a session of two days, it adjourned to
meet at Annapolis, on the twenty-sixth day of the same
month ; but a quorum was not formed until the thirteenth
of December, on which day nine states were represented.
From the same cause, so rapidly had that body declined in
the public estimation, notwithstanding a call upon the
states urging the necessity of ratifying the definitive trea-
ty, a full meeting was not had until the fourteenth of Jan-
uary, when that treaty was unanimously ratified, and a
resolution was adopted recommending the restitution of
confiscated property.
A provision for the interest on a part of the debt was
brought under consideration on the following day, by a
memorial from the holders of loan-office certificates, when
a declaratory resolution was adopted, that they were not
subject to depreciation. A representation by the foreign
officers, not attached to the state lines, of the hardships
incurred by them from being paid in depreciated paper,
was soon after made to congress, and directions were giv-
en to the superintendent of finance, to pay them such
sums, on account of their pay, as would relieve them from
their embarrassments, and enable them to return to
Europe. With the exception of the acceptance from
Virginia of a cession of her western territory,* nothing
* The deed of cession contained this provision--" That all the lands with-
in the territory so ceded to the United States, and not reserved for, or appro-
priated to any of the before mentioned purposes, or disposed of in bounties to
the officers and soldiers of the American army, shall he considered as a com-
mon fund, for the use and benefit of such of the United States, as have be-
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THE LIFE OF
of moment, owing to the continued remissness of the dele-
gates, was done until the month of April, when the grand
committee, of which Jefferson was chairman, presented a
report on the finances. This document--after exhibiting
an account for the interest on the debt, and the current
services of the year seventeen hundred and eighty-four,
of five millions four hundred and eighty thousand dollars,
and referring to the resolutions of the last congress for the
establishment of an impost, the delay of which rendered
other measures necessary for the discharge of the debt--
proceeded to represent, that as to twelve hundred thousand
dollars of interest, it was not embraced in the account,
because as the requisition of seventeen hundred and
eighty-two had given license to the states to apply the
requisite part of their quotas to the payment of interest on
the loan office, and other liquidated debts of the United
States, they supposed that the "actual payment of these
quotas had been uncommunicated to the office of finance. "
It then urged, that the United States should communicate to
that office the amount paid, and hasten the collection of
the residue. It next inquired, whether any surpluses re-
mained of former requisitions; and in this inquiry, pro-
ceeding on the ground that for part of those requisitions
certificates were received, which were transferred to the
fund proposed to be raised by the impost, the result was
arrived at, that a surplus remained exceeding five and a
half millions of dollars, which surplus it was proposed to
apply to the existing demands; in order to prevent any
new requisitions, not a sum equivalent to these demands,
come or shall become members of the confederation or federal alliance of the
said states, Virginia inclusive, according to their several respective propor-
tions in the general charge and expenditure, and shall be faithfully and htma
fide disposed of for that purpose and for no other me or purpose whatsoever. "
This deed was executed, March 1, 1784, by Jefferson, Lee, Hardy, and
Monroe.
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? HAMILTON.
203
but from a regard to the "exhausted state of the country,"
three-fourths of it.
The "abler states" were then "encouraged" to contrib-
ute as much more as was practicable, to be applied to
the payment of the interest and principal of the debt,
and to be credited in future requisitions; and an assur-
ance was given, that before any further demands should
be made, a revision of the quotas of the states would
be had.
By this scheme, the amount to be required was reduced
to about four and a half millions. To give further facilities
to the states, it was proposed, that one half of this sum should
be called for in money; that the other moiety, being the
interest on the domestic debt, should be met by discounts
of interest with the domestic creditors, for which, trans-
ferable certificates were to be issued, receivable in lieu of
money. A proposition of McHenry, to refer this report
to the superintendent of finance, was negatived, and on a
subsequent day, a motion was made by Jefferson to re-
duce the amount to be collected from three-fourths to one
half of the original sum, which, though defeated on the
first vote, prevailed after protracted and frequent de-
bates.
This report was ultimately adopted; and although it had
admitted that nearly five millions and a half were neces-
sary for the current service, the amount required by it
was reduced to a little more than two and a half millions
of dollars, a measure that left a large sum of interest un-
provided for, which was raised by the succeeding con-
gress. This was a complex affair. By preventing col-
lisions as to the respective quotas of the states, and by
imposing upon a future congress the irksome office of de-
manding increased contributions, it was better adapted to
secure a temporary popularity, and to subserve personal
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THE LIFE OF
objects, than to discharge the public engagements, or to
promote the public welfare. *
The refusal to refer this report to the superintendent
of finance, is indicative of the relations between that
officer and this congress. He soon after resigned his
office, and his powers were consigned to a new board of
treasury.
While this subject had in part occupied their attention,
a planf was discussed for the government of the western
territory, and principles were established on which, when
sufficiently peopled, it should be formed into subdivisions,
to be admitted as members of the confederacy. The re-
* In a letter from Rufus King, a delegate in the succeeding congress, to
Gerry, it is observed: "The recommendation of the twenty-seventh April,
seventeen hundred and eighty-four, is the source of great embarrassment.
Congress thereby declare, that they will not call for further moneys until the
states have all paid up former deficiencies; and they engage to credit ad-
vances over the moiety of the eight millions of dollars in the next requisition.
The recommendation of last year, which is a very complex affair, also states,
that before the residue of the eight and two millions of dollars, not thereby
called for, should be required, congress would revise the rule of apportion-
ment, and make it conformable to justice, upon the best evidence in their
power at the time. South Carolina, in the apportionment of the eight mil-
lions, stands at the same sum as New-Hampshire.
Revise the rule, and con-
form it to justice, and South Carolina will stand at a larger sum, and other
states at a less. This is what I contend for; and if it succeeds, we shall
bring in South Carolina. Indeed, it may be questionable whether we ought
not to reconsider the recommendation of last year on this subject, and to en-
join it upon the states to comply with the expectations of congress, in paying
a moiety of the quotas of the eight millions last year required, and make a
new requisition for the moneys necessary for the present year, without refer-
ence to former requisitions. It will be the occasion of confusion and intrica-
cy, if every new requisition upon the states for money is to operate as a
balanee. iill to all preceding demands. "
t Jefferson's plan, dated March 1st, 1784, proposed that each state should
comprehend two degrees of latitude, divided by north and south parallels, and
that they should be named Sylvania, Michigania, Chersonesus, Assinipia,
Metropotamia, Illinoia, Saratoga, Washington, Polypotamia, Pelisipia, and
should become states as soon as each contained 40,000 souls.
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? HAMILTON.
295
port was from Jefferson, Chase, and Howell. It is to be
remarked, that it embodied a proviso for the exclusion of
slavery in the contemplated states, after the commence-
ment of the nineteenth century, which, though sustained
by the votes of all (but the southern states,) and by those
of Jefferson and Williamson, was expunged. This report
is a remarkable event in the history of its author. It con-
templated an exercise of the highest powers of govern-
ment; nothing less than the creation of independent
states; their admission as members of the confederacy,
and the determination of the conditions of such admission.
But it was an exercise of powers not delegated to the
confederation ! " All this was done without the least col-
our of constitutional authority; yet no blame was whisper-
ed, no alarm sounded. The public interest, the necessity
of the case, imposed upon congress the task of overleaping
their constitutional authority. "*
It has been previously mentioned that Jefferson had re-
paired to Philadelphia the preceding year, with a view to
his embarcation as a joint commissioner in the negotiation
at Paris. He was appointedf on motion of Madison, it
being suggested that a recent domestic calamity had
probably changed his sentiments with regard to public
life; that " all the reasons for his original appointment still
existed, and had acquired additional force from the im-
probability that Laurens would actually assist in the ne-
gotiation. ":); The intelligence from Europe led to a reso-
lution, that he must " not proceed on his intended voyage
until further instructions. " Though he hoped there was
no prospect of his having any thing more to do than to
join in the celebration of peace, he remained near the seat
* Such was the charge, and such the defence. --Federalist, No. 38, by
Madison,
t November 12, 1783.
t February 14, 1783.
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of congress," much agitated with the suspense* in which he
was held, until the first of April, when Hamilton reported,j-
"that the object of his appointment was so far advanced as
to render his services no longer necessary. "
A mission to Europe was still his favourite aim, and no
more certain mode of obtaining it offered, than a seat in
congress.
The events of the last year had shown that every effort
to conclude a commercial treaty with Great Britain, had
been vain, and if France could have been previously in-
duced to adopt a more liberal policy, the negotiations for
the treaty of peace had dispelled every hope of that kind.
The previous congress had, in conformity with Hamilton's
views, dissuaded a multiplication of pacts with foreign na-
tions, until the confederacy should have been invested
with an efficient control over its members, and until time
and experience should have indicated what system of reg-
ulations would best promote the permanent interests of
the United States. But the recent overtures were to be
met, and when the field of ambition was so circumscribed
at home, nothing could be more attractive than the position
of determining the foreign relations of this youthful em-
pire ; nor more enchanting to a visionary mind, than the
attempt to overturn at once the prevailing maxims of Eu-
ropean diplomacy, and to substitute an universal system of
* December 30, 1782. --" Mr. Jefferson arrived here on Friday last, and
is industriously arming himself for the field of negotiation. The commission
issued to Mr. Oswald impresses him with a hope that he may have nothing to do
on his arrival, but join in the celebration of victory and peace. Congress,
however, anxiously espouse the expediency of his hastening to his destina.
tion. "
March 11,1783. --"Mr. Jefferson is still here, agitated, as you may sup-
pose, with the suspense in which he is kept. He is anxious as myself for
your going into the legislature. "--Madison to Edmund Randolph, vol. 1,
495-514.
t Vol. 1, No. 25, department of state.
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? HAMILTON. 297
free trade. The mode adopted to obtain this object was
as certain to result in failure, as the object was at that time
hopeless. It was a novel idea, and had an imposing air,
to establish a central commission at Paris, whither the na-
tions of Europe might resort, to ask a participation in the
commerce of the new world. Should the dignity of Brit-
ain scorn, or the pride of Spain revolt at the idea of ne-
gotiating under the supervision of France, yet still it
would be a happy thing to escape the turmoils of a jarring
confederacy, to withdraw from the sufferings of a recent
war, and to enjoy the only official emoluments, ease and
honour, which the penury of the people could support. To
others was left the labour of building up the constitution
of the country.
Jefferson introduced a report on the foreign relations.
After reciting the advantages to be derived from treaties
with the various nations of Europe, he proposed that
each treaty should contain a stipulation that each party
should have the right to carry their own produce, manu-
factures, and merchandise, in their own bottoms to the
ports of the other, and thence to take the produce and man-
ufactures of the other, paying such duties only as are paid
by the most favoured nation,--freely, where freely grant-
ed to such nation, and paying the compensation where
such nation does the same. "That with nations hold-
ing possessions in America, a direct and similar inter-
course be admitted between the United States and such
possessions; or if that could not be obtained, a direct and
similar intercourse between the United States and certain
free ports within such possessions. If neither of these--
permission to bring, in their own bottoms, their produce
and merchandise to the United States directly, and similar
permission to the United States as to their produce
and vessels; or else, a permission to the inhabitants of
such possessions to carry their produce and merchandise
38
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THE LIFE OF
in their own bottoms to the free ports of other na-
tions; and thence to take back, directly, the produce and
merchandise of. the United States; and that in all such
treaties, the United States should be regarded as one na-
tion, upon the principles of the federal constitution. " Provis-
ions that free ships should make free goods, defining articles
of contraband and the state of blockade, were also to be
made; with the additional stipulation, that a contraband
trade should not induce confiscation.
Security was also to be assured to persons following
the peaceful arts; and a stipulation that private ships should
continue their trade free and unmolested during war, and
that privateers should not be employed, was proposed.
Aliens were to be excluded holding real estate within the
United States, as "utterly inadmissible by their several laws
and policy ;" but in case they did, it was not on their de-
mise to escheat, but might be sold for the benefit of their
representatives. All treaties were to be limited to ten.
years, unless the foreign party "pertinaciously insisted"
on their being extended to fifteen years. On the dis-
cussion of the leading principles of these instructions,
placing each nation on the footing of the most favoured, a
substitute was offered to establish the intercourse on the
basis of " nativesbut if this could not be obtained, then
on that of "the most favoured nation. " This amendment
was lost on the vote by states, though of the members
present, a majority were in favour of it. * It was also con-
tended that a distinction ought to be made between Brit-
ish and American vessels by a difference of duties. If not
then made, that it was at least important to reserve the
power of making such a discrimination in case pecu-
* Affirmative--Massachusetts, Connecticut, Pennsylvania, Maryland,
Virginia, (three to two,) Jefferson and Monroe in the negative. Negative--
New-Hampshire and New Jersey. Divided--Rhode Island, New-York,
North and South Carolina.
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? HAMILTON.
299
liar circumstances should render its exercise necessary.
Owing to these differences of opinion, it was moved
to postpone acting upon this report until the disposition
and concurrence of the several state legislatures should be
ascertained, which, the motion stated, "the constitution
renders highly prudent, if not indispensably necessary in
forming commercial treaties. "
With this motion a resolution was offered directing
foreign powers to be apprised of the desire of the United
States " to form treaties upon terms of perfect reciprocity
and equality; and for that purpose were ready to enter
into negotiations in America. " Five commissioners had
been appointed to negotiate the treaty with England, thus
representing each important section of the union. To
gain the benefit of this precedent, it had been proposed to
appoint two additional commissioners. One of the objects
of this resolution was, to prevent so unnecessary an in-
crease of the number of foreign ministers. But it was
defeated, and the report of Jefferson was recommitted.
Another report had recently been made proposing a re-
duction of the civil list. It was next moved to postpone
these appointments for the purpose of considering this
report. The division of states being equal, this motion
was also lost. * The idea of two additional commission-
ers was then abandoned, and it was moved to add one to
the existing number.
This proposal was resisted, and in lieu of it a declaratory
resolution was offered, "that the interests of the United
States do not require more than three commissioners
plenipotentiary to be supported in Europe to negotiate
treaties of commerce. " This declaration would have de-
feated Jefferson, and at the instance of Virginia it was
superseded by the previous question. A debate next arose
4 J. c. 396-7.
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on a proposal to reduce the salaries of these ministers,*
which prevailed. To prevent this reduction, a member
from Virginia insisted that it was a proposition which re-
quired the assent of nine states. This extraordinary ob-
jection was defeated, only five members voting for it; but
the next day, at the instance of Gerry, the salary was
established at nine thousand dollars.
Jefferson had recommended a delusive provision for the
public creditors, and had urged "forbearance," on the
ground "that the states were just relieved from the
ravages of predatory armies, returning from an attend-
ance in camps to the culture of their fields; beginning to
sow, but not yet having reaped; exhausted of necessaries
and habitual comforts, and therefore needing new supplies
out of the first proceeds of their labour. " He was also
of the committee which had recommended retrenchments
in the public expenditure, and which did not contemplate
in their report this additional officer.
Under these circumstances, the appointment of an unne-
cessary commissioner was viewed as proceeding solely
from a desire to bestow office on an individual, by a
body of which he was a member, without any regard to
the condition of the country. It gave rise to much dissat-
isfaction. At this moment a letter was received from
Franklin, announcing that Jay had determined to embark
for America. The motive to an increase of the number
of the commission now ceased, and the measure was aban-
doned.
1 The office of secretary of foreign affairs was vacant.
Jay, in his late mission, had confirmed the confidence of the
nation. His appointment to that department would sat-
isfy the public, and propitiate those who were offended
with this gross and glaring effort to provide for a favour-
* From $11,000 to $8,000.
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? HAMILTON.
301
ite. The dissatisfaction given by Jay to the partisans of
France was therefore smothered, and yielded to the present
object; and on the same day, the seventh of May, Jay in his
absence, at the instance of Gerry, was elected to the foreign
department, and with his concurrence Jefferson, on the
motion of a colleague from Virginia, was chosen to fill the
vacancy in the commission.
An occurrence of this kind could not fail to produce
a strong and lasting impression. A twelvemonth after,
Massachusetts urged, through her delegates, a resolution
that no member of congress should be appointed to any
office during the term for which he was elected; and a pro-
vision was inserted in the federal constitution, which would
seem to have had this case in view. It rendered a mem-
ber of congress ineligible " to any civil office that had been
created, or the emolument whereof had been increased, du-
ring the time for which he was elected. "
Jefferson's commercial report was now again brought
forward with some additions. Of these, the most impor-
tant was, that these instructions should be considered as
supplementary to those of October, seventeen hundred and
eighty-three; that where the commissioners should be able
to form treaties on principles in their judgment more ad-
vantageous to the United States than those of the report,
they were permitted to adopt such principles, and that it
would be agreeable to have supplementary treaties with
France, Holland, and Sweden, which may bring the trea-
ties previously entered into, as nearly as may be to the
principles now directed.
Numerous exceptions were taken to a treaty framed on
the principle of these instructions, in a report* subsequently
made to congress by the secretary of foreign affairs.
These are to be regarded, not as exceptions to stipulations
Report of Jay. --2 D. C. 234.
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of the most perfect equality and reciprocity in a particu-
lar treaty with any one nation, where the interest of the
country might dictate them, but as exceptions to the es-
tablishment, at that time, of a general system of policy, ex-
cluding all discriminations or prohibitions, however their
necessfty might be indicated by peculiar circumstances.
Jay thought that a system for regulating the trade of the
United States should be framed and adopted before they
entered into further treaties of commerce. Various rea-
sons were given to show that it was inexpedient to make
the conduct of the parties towards the most favoured na-
tions, the rule of their conduct towards each other; among
these, a principal one was, that the interchange of favours
between the United States and a nation merely European,
would probably be regulated by principles and considera-
tions distinct, in a certain degree, from those which should
regulate such an interchange between them and nations
partly European and partly American. * There might, he
said, exist reasons for freely granting to one nation what
there might be no reason for granting to another. He
also doubted the expediency of agreeing absolutely that
any nation should be at liberty to bring and vend into the
United States, all or any of their productions and manufac-
tures witlwut exception, because it might be necessary to
prohibit the importation of some of them, either to check
luxury, or to promote domestic manufactures. f
* "We abstained," Jefferson observed, "from making new propositions to
others having no colonies, because our commerce being an exchange of raw
for wrought materials, is a competent price for admission into the colonics
of those possessing them; but were we to give it without price to others,
all would claim it without price, on the ordinary ground of gentis nmicis-
simtB. "--Jefferson's Works, vol. 1, p. 51.
t In the treaty which was the immediate subject of this report, one arti.
cle precluded the laying an embargo. This was objected to, for a reason not
easily disputed.
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? HAMILTON.
303
But one other topic of moment arrests attention in
the proceedings of this congress. It related to the garri-
soning of the frontier posts. The hostility evinced by
New-York to the employment of continental troops for
that purpose, has been previously mentioned. The expec-
tation that the negotiation which was pending for the sur-
render of those posts would be successful, produced great
anxiety in the councils of that state, and she urged, with
extreme earnestness and pertinacity, a declaration by con-
gress, in pursuance of the articles of confederation, of the
number of troops necessary to be kept up by her for the
protection of her frontier. This subject, though frequently
presented to that body, was deferred from an apprehension
of authorizing an individual state to maintain an armed
force. To avoid this alternative, propositions were made
in congress for the enlistment of a thousand men, to protect
the commissioners recently appointed to hold treaties with
the Indians, and to defend the frontiers.
The fate of these propositions is indicative of the tem-
per of the times. After repeated and laboured debates, a
resolution was introduced by Gerry, proclaiming "the
danger of confiding to a body, which was already empow-
ered to make foreign and domestic loans, and to issue bills
of credit, that of raising standing armies;" and it was de-
termined to discharge the few troops which had been
retained in the service of the United States. The stand-
ing army was reduced to eighty men. No officer was re-
tained of a higher rank than captain, and the western
frontiers were to be protected by a requisition for a regi-
ment of militia. The congress of the United States having,
in virtue of the confederation, at the instance of Jefferson,
chosen from its own body a " committee of the states," now
adjourned.
