was a vote of nine states; that authorizing
this compromise was given by seven states.
this compromise was given by seven states.
Hamilton - 1834 - Life on Hamilton - v2
313
they submit it as their opinion, " that it would be proper
without delay to instruct the minister of the United States
at the court of France,* not to give any sanction to any
negotiation which may be proposed for transferring the
debt due from the United States, to any state, or compa-
ny of individuals, who may be disposed to purchase the
same. "
So jealous were congress of the injury which this pro-
position might inflict on the national character, that on the
day on which this report is dated, they instantly passed
an act instructing Jefferson not to promote any negotia-
tion for transferring the debt due to France from the
United States. f
Thus the national honour was saved, but the lure had
succeeded. In prosecution of the project, a letter was ad-
dressed by Jefferson to Dumas,J to ascertain its practica-
bility; whose reply evinced a preference of a purchase
for a sum less than its face, to a loan for the whole amount,
and urged prompt action, stating that the sacrifice on
the part of France, would be very small. An arret was
accordingly framed and submitted to Calonne. That min-
ister, grasping at such a prospect of relief from his finan-
cial difficulties, soon after this purchase was suggested,
addressed a letter to Jefferson, giving the assurance that
the monopolies on particular articles would not be renew-
ed, and that the duties on most of the imports, the growth
of the United States, in French or American vessels, were
"suppressed. "? The execution of this arrangement was,
? 3D. C. 183. t3D. C. 289.
X Dumas had a pension from France, revertible to his daughter.
? 3 Dip. Cor. 163. --Oct. 22,1786. --Tins letter also states, that as Virginia
had ordered arms for her militia from France, the duties and prohibition of
them should be abolished. Similar supplies had been furnished by France
to her during the war, which gave rise to questions in the settlement of the
accounts. A more serious difficulty grew out of an act of that state, passed
pending Jefferson's negotiation about the debt, giving a preference to French
40
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? 314 THE LIFE OF
?
however, suspended, not improbably in consequence of the
rejection by congress of the proposed transfer of the debt.
But the disturbances in Holland, and the hostile appear-
ances in Europe, notwithstanding a temporary pacification,
ultimately induced the issuing of arrets, enlarging in some
particulars, and abridging in others, the former arrange-
ment.
One topic of discussion yet remained. It has been pre-
viously mentioned that the treaty with France provided
for the mutual appointment of consuls, under a convention
to be framed between the respective governments. This
subject was not acted upon until July, seventeen hundred
and eighty-one; immediately after the resolutions, submit-
ting the terms of a treaty with Great Britain, had been
passed. A memoir was at that time presented by La Lu-
zerne, containing a draft of a consular convention, pre-
pared at Paris.
It was in its essential features approved by congress the
following January, with one material difference. The
French plan proposed the presentation, by their consuls, of
their commissions to the respective states, which were to
grant them their exequaturs. The American draft required
that the consuls should, " in the first instance," present their
commissions to congress, to be recognised by them by a
public act, and then to have validity in the states. This
plan was sent to Franklin, with instructions to exercise his
discretion as to the words or arrangement of it, but to
confine himself in all important respects to its substance.
brandies. The minister of the Netherlands presented a remonstrance against
this preference, as a breach of treaty. In this treaty, Adams had omitted
an important provision, securing compensation for privileges; but the United
States considered this as a gratuitous favour. The injury was acknowledged,
and resolutions were adopted by congress, urging Virginia to repeal the act,
founded on a report from the department of foreign affairs, censuring the
granting of favours by any state. --i S. J. 401.
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? HAMILTOX. 315
?
A convention was entered into by him, and was submitted
to congress in seventeen hundred and eighty-four; France
having in the mean time appointed Marbois consul-gener-
al, with a subordinate corps of consuls and vice-consuls.
On the consideration of this convention, congress, at the
instance of Jay, unanimously resolved, that instructions
should be given that the signature of the convention
should be delayed until further advices, unless it had been
already signed. A despatch from Franklin announced that
h had been already signed, and that a copy had been so
long since transmitted to congress, that its ratification was
expected; he added," I am not informed what objection has
arisen in congress to the plan sent me. Mr. Jefferson
thinks it may have been to that part which restrained the
consuls from all concerns in commei-ce. "* Congress had
delayed to act upon it, until, a formal demand of its ratifi-
cation being made by France, the convention was deliber-
ately examined by the secretary of foreign affairs.
On this examination it appeared that it proposed three
principal objects, in the promotion of which, it was mani-
fest, that the United States had no interest.
The first was, a provision against the infraction of the
French and American laws of trade. As the United
States had no laws for the regulation of her commerce with
France or her dominions, there could be no use in a pro-
vision against the' infraction of them. The second was,
a restriction of the emigration to the other, of the people
of either country, which, as there was no reason to ap-
prehend emigration from the United States to France, was
superfluous. The third, established a corps of "consuls,
vice-consuls, and agents," so coherent, so capable of acting
jointly and secretly, and so ready to obey the order of
their chief, that it could not fail of being influential in two
2 Dip. Cor. 44.
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? 316 THE LIFE OF
?
very important political respects--the acquisition and
communication of intelligence, and the dissemination and
impression of such advices, sentiments, and opinions, of
men and measures, as it might be deemed expedient to dif-
fuse and encourage. " An arrangement, which, in France,
"where nothing could be printed without being licensed,
or said without being known, and, if disliked, followed
with inconvenience, and where the people being perfectly
unimportant, every measure to influence their opinions
must be equally so, could be of no use to America," but
which in the United States would be most dangerous to
her institutions.
The powers and immunities with which this corps was
clothed, were equally objectionable. By one article, certi-
fied declarations made before the consuls, were to be re-
ceived in evidence as conclusive. By another, the consuls
were invested with jurisdiction over all offences in which
the citizens of the respective countries were parties, to the
exclusion of the civil tribunals constitutionally created,
while full immunity was conferred on their persons, pa-
pers, houses, and dependants. Consular chanceries were
also created, which in many respects clashed with the in-
ternal policy of the United States, and a complete jurisdic-
tion was given over French vessels in American harbours.
It is also not a little remarkable, that the original feature
in the French plan, which directed the commissions to
be presented on their arrival to the respective states, ac-
cording to the forms established there, was retained, not-
withstanding the express instruction to follow the plan of
congress, which directed these commissions, "in the first
instance" to be presented to them. This, connected with
the suggestion of Vergennes to Adams, that each state
should appoint its own ministers, combined with the other
circumstances of a direct loan being made by France to
Virginia, and a commercial exemption being obtained from
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? HAMILTON. 317
her, leaves a strong implication that France had in view
relations with the individual states, independent of congress,
and in direct violation of the articles of confederation, and
that Jefferson was not insensible of the advantages Vir-
ginia might derive from these dispositions. The position of
the United States was not a little embarrassing. The
scheme having been framed by a former legislature, was
conclusive upon the country, and its execution was ur-
gently pressed by the French charge d'affaires.
As the only alternative, instructions Were transmitted to
Jefferson to state the objections to the present form, and to
give assurances of their readiness to ratify a convention
agreeable to the scheme originally framed, on the condition
of its being limited to eight or ten years, instead of its be-
ing perpetual, as was first agreed. After much negotia-
tion, a convention liable to fewer objections than that
signed by Franklin, was concluded in seventeen hundred
and eighty-eight; and after an inquiry how far it was ob-
ligatory upon the country, was ratified from necessity by
the present government.
The fruitless efforts made by the Spanish resident at
Paris to induce Jay to enter into a treaty, the basis of
which was a sacrifice of a large part of the undoubted ter-
ritory of the United States, and, as a consequence of such
sacrifice, the total abandonment of the Mississippi, have
been the subject of previous comment.
On the third of June, seventeen hundred and eighty-four,
a few days after Jay had been elected secretary of foreign
affairs, and Jefferson chosen commissioner in his place, it
was thought advisable to renew the instructions of seven-
teen hundred and eighty-two; and a resolution, moved by
Nathan Dane, of Massachusetts, passed, directing the Amer-
ican commissioners " not to relinquish or cede, in any event,
the right of the citizens of the United States to the free
navigation of the Mississippi from its source to the ocean. "
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THE LIFE or
It has been seen that, notwithstanding the recent nego-
tiation with Jay at Paris, the commissioners, or some of
them, were required to repair to Madrid. This was not
acceded to, and Spain, sensible of her error, sought to re-
move the prejudices of the United States by a course of
conciliation. She mediated a peace between them and the
emperor of Morocco, on terms favourable to the former.
She released a number of Americans, who had been im-
prisoned at Havana for breaches of her navigation laws,
and she commissioned Gardoqui, a partner of a commercial
house at Bilboa, who had been the medium of aids from
Spain at an early period of the revolution, to negotiate a
treaty. He arrived in seventeen hundred and eighty-five,
when the secretary of foreign affairs was authorized to
treat with him.
The point upon which the former negotiation had broken
off, still remained an insuperable obstacle. While Spain
offered to treat on terms, in other respects deemed by Jay
of the greatest advantage, she still insisted upon the reten-
tion of the territory east of the Mississippi, and consequent-
ly upon the exclusion of our citizens from its navigation.
Late in the preceding year she had caused it to be announced
to the United States, that vessels trading through that river
would be exposed to process and confiscation. The obstruc-
tion of them, by her garrison at Natchez, was indicative
of her determination to enforce her pretensions. The
question now assumed a new aspect. The navigation
could not be permanently relinquished. To submit to the
enforcement of her restrictions, while their justice was de-
nied, would be humiliation; to resist by arms, was war.
Influenced by this state of things, by his impression of
the other advantages of the treaty, and by the consider-
ation that Spain was in possession of posts on both branches
of the river, rather than the United States, without money,
without credit, and without an army, should be plunged
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? HAMILTON.
319
into a war. " with very little prospect of terminating it by
a peace, either advantageous or glorious," the American
secretary attended congress, and enforced* the propriety
of a treaty, limited to twenty-five or thirty years; one of
the articles of which would have stipulated the forbear-
ance of our citizens to use its navigation below their own
territories to the ocean for a like term. This proposition
gave great offence. The delegates from the northern
stales approving it, while those of the southern condemned
it. A motion was made to revoke his commission, which
was defeated; and a resolution was introduced, repealing
the instruction to stipulate the free navigation of the Mis-
sissippi to the ocean, consenting to a modified use of it,f
but with a proviso to insist upon the territorial limits fixed
by the definitive treaty with Great Britain. A strong re-
monstrance was made by the delegates of Virginia, in
which, not merely these questions, but the whole plan of
the treaty, was objected to. J
Jayrs plan proposed to give to the merchants, vessels, pro-
ductions, and manufactures of each country, the same
privileges as if they were those of the country itself. It
was urged that as Spain made no discrimination in her
ports between her merchants and those of other nations,
by this article the United States relinquished the right of
making any discrimination, however beneficial it might be
to her, without any consideration. As to the vessels, it
was objected that as Spain admitted those of all coun-
* 6 D. C. 165. --August 3d, 1786.
t These modifications were, permission to land and store American produc-
tions at New-Orleans; an advalorem duty to be paid to Spain on all ship-
ments thence by American citizens; permission to our merchants to re-
side there; a privilege to American vessels to return from its month to that
port, but not to carry any goods, contrary to the regulations of Spain, under
pain of confiscation.
t 4 S. J. 87.
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? 320
THE LIFE OF
tries, even in the carriage of her own productions, " the
United States bound themselves up again without a valuable
consideration. " As to productions, by the policy of Spain
we now enjoyed the free admission of them; nothing
therefore could be gained to us in this respect; and when
our " commerce is subjected to the most severe restric-
tions in almost every foreign port--fish being excluded by
France and Britain--the Mediterranean shut against us--
the West Indies occluded almost altogether--the wheat
and rice trade thus greatly injured--tobacco in France a
monopoly, in Spain contraband--one would suppose it
the duty of every wise American statesman to secure our
rights and interests at home--to give in our own ports to
our own citizens exclusive privileges; but of this advan-
tage the project would deprive them. " This proposed stip-
ulation was objected to on other grounds. It would be
contrary to the policy of the British navigation act," by
the wisdom of which, and of her other regulations in com-
merce, it was stated, Britain had attained to such a height
of power and grandeur on the seas as to be at the same
time the terror and the admiration of the world;" and yet of
the benefits of such a policy and making such discrimina-
tions this project would deprive us. As to manufactures,
it was urged that the right of prohibition or restriction on
exports or imports was given up. This was without a pre-
cedent, unless it was the "family compact," which proved
inconvenient and was annulled; independent nations hav-
ing always retained the right of regulating their own inte-
rior police, and thus of securing reciprocity; a right, the ex-
ercise of which would be subservient to various purposes--
the promotion of virtue and frugality, by the prohibition of
foreign luxuries--the encouragement of manufactures and
of the mechanical arts, by the prohibition of imports. The
treaties with France and other powers stipulated to each
the right of the most favoured nations. These nations
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? HAMILTON.
321
coming into the terms of Spain, in doing which they will
give up nothing, will be entitled to these benefits ; "the
evils of this project will be therefore almost universal, and of
course without remedy. " The surrender or forbearance of
the use of the Mississippi was objected to as inconsistent with
the compact with Virginia as to the western territory. And
it was also contended that its effect would be to dismem-
ber the government by a treaty of commerce, which could
not be done under a limited power to treat.
It would be difficult to select an instance in which the
United States had less motive to reserve or to exert the
power of discrimination or prohibition. As to vessels,
from the course of the trade, the cargoes and the superior
economy of American navigation, a successful competition
on the part of Spain was hopeless. How the policy of
the British navigation act could, under such circumstan-
ces, the United States being the carriers, have been ad-
vantageously adopted, it is not easy to suppose. As to
productions, the only object of Spanish traffic the impor-
tation of which this country has found it expedient to pro-
hibit, is that of slaves. As to manufactures, those of
Spain have never sought the American market.
But it was urged, if the commerce with Spain should be
placed on the footing of natives, that France and Sweden
would in virtue of their treaties be entitled to the same
terms, only by reciprocating to the United States the same
privilege. Was this an evil to be deprecated?
It cannot escape observation how entirely the principles
of this report are at variance with the instructions pro-
posed by Jefferson. Its details have been given chiefly to
show how great and rapid had been the change of opinion
as to the commercial policy of this country, two years
only having elapsed since the approval of those instruc-
tions by congress. That Virginia should have been the
first state since the peace to have proposed, and the first
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? 322
THE LIFE OF
to have objected to a system of free trade, is only an in-
stance of the error of applying rigidly general maxims of
policy to the conduct of nations, without regard to the
modifications circumstances may indicate. Nor will it fail
to be remarked as additional evidence of the timid coun-
sels by which that state had been governed, that though
in seventeen hundred and eighty-one, her legislature had
instructed Madison to authorize Jay to cede the right of
navigating the Mississippi to Spain absolutely and for
ever, she now declared that to consent to a suspension of
that right would be "to dismember" the government.
The importance Spain attached to that right, is shown
not only by her conduct during the war, but by the
promptitude witli which she opened a negotiation respect-
ing it after the peace. Claiming the exclusive right, and
denying the pretensions of this country, it was thought to
be an important object attained if a treaty could be made
which would imply that she accepted the use of the river
as the lessee of the United states for a specified time, and
thus virtually recognised the reversionary right to be in
them; thus terminating all questions of ownership.
Impelled by this strong motive, and little anticipating
the rapid growth of the western territory, Jay considering
that by this treaty the United States "gained much, and
sacrificed or gave up nothing," continued his negotiation
with the charge of Spain. He fortunately refused "to
admit the navigation of the Mississippi below their limits
on any terms, nor would he consent to any article acknow-
ledging their right in express terms, and stipulating to for-
bear the use of it for a given time," a difficulty that Jay
supposed could be overcome by implication, in which idea
Gardoqui concurred.
The vote prohibiting a surrender of the navigation of
the Mississippi.
was a vote of nine states; that authorizing
this compromise was given by seven states. The consti-
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? II A MILTON.
323
tutionality of this vote was denied by the southern states:
and as the division was geographical, gave rise to much
excitement. On the part of the south, it was alleged that
New-England was solely actuated by a desire to check
the population of the west, and thus maintain her prepon-
derance in the union. The eastern states having opposed
the alienation or suspension of this right when the south-
ern states were its advocates, repelled the charge, and
urged that this temporary cession would fix the permanent
right in favour of this country, and prevent a coalition then
apprehended between Great Britain and Spain. A resolu-
tion passed directing Jay to report the state of the negotia-
tion; and as soon as the disposition of congress to consent
to a limited use of the navigation was disclosed, a wide
alarm was spread along the western frontier, and mutual
complaints of aggression by the borderers were heard.
These complaints were referred to Jay, who having stated
acts of hostility by both parties, and his conviction of the
right of the United States to navigate that river from its
source to the ocean, expressed the opinion that if inter-
rupted by her " it will be proper to declare war against
Spain. "
In this state of the question Madison proposed to refer
the consideration of the American grievances to a com-
mittee, but was unsuccessful. In the mean time the agents
of France had manifested great solicitude. It was their
wish* that the negotiation should be committed to Jeffer-
son and transferred to Madrid. With this view Madison,
* March 19, 1787--Madison to Jefferson:--" I discover, through several
channels, that it would be very grateful to the French politicians here to see
our negotiations with Spain shifted into your hands, and carried on under
the mediating auspices of their court. "
April 15, 1787--Madison to Edmund Randolph:--" We mean to propose
that Jefferson be sent under a special commission, to plead the cause of the
Mississippi at Madrid. "--Madison Papers, vol. 2, p. 625, 637.
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? 321
THE LIFE OF
on the eighteenth of April, proposed that a special com-
mission should be issued to Jefferson to proceed to Ma-
drid " to enter into commercial stipulations, and to make
such representations and urge such negotiations as will
be most likely to impress on Spain the friendly disposition
of the United States, and to induce her to make such con-
cessions touching the southern limits and their right to
navigate the Mississippi below them, as might most effec-
tually guard against a rupture of the subsisting harmony,
and promote the mutual interests of the two nations. "
This proposal was referred to Jay; he had previously
made a report showing the disposition of France to pro-
mote the views of Spain, and he now strongly dissuaded
this measure. He stated that it was more advantageous
and more honourable to negotiate at home; that this trans-
fer would offend the Spanish charge^ who would confirm
the suspicions which this measure might excite in his court
of an intention to amuse her, a suspicion to which the lan-
guage of this resolution, as it only empowered him to con-
fer, but not to conclude a treaty,* would be too apt to
give colour. Twelve months after, the excitement in the
western region having increased by the extended rumour
of a disposition to surrender this right, the delegates from
North Carolina proposed a declaration by congress that
the United States " have a clear, absolute, and unalienable"
claim to it. Jay, to whom it was referred, reported that a
declaration ought to be made that this rumour was not
* In this report, Jay observed in reference to the terms of this resolution:
"Perhaps this may only be an inadvertent inaccuracy in the motion; if not,
it gives much colour to the inferences above suggested. "--4 S. J. 342. At
the sitting of the Virginia convention, Monroe reproved the conduct of this
negotiation. Madison replied:--" From the best information, it never was the
sense of the people at large or the prevailing characters of the eastern states
to approve of the measure. "--2 Elliot's Debates, 262-3. But see Madison
Papers, v. 2, p. 637, 642.
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? HAMILTON.
325
founded in fact; but objected to an assertion that the right
was unalienable, lest it might exclude the possibility of
such modifications as, without impairing it, might be ad-
vantageous to the country and satisfactory to its citizens.
A new committee was then raised, of which Hamilton was
chairman. He introduced resolutions, which were adopt-
ed,* that the reported purpose to surrender this right, not
being founded in fact, the delegates be at liberty to com-
municate all such circumstances as may be necessary to
contradict it and remove misconceptions: "That the free
navigation of the river Mississippi is a clear and essential
right of the United States, and that the same ought to be
considered and supported as such. "
The same disposition which had been evinced upon this
question in seventeen hundred and eighty-two, continued
to be manifested by Vergennes. In answer to an inquiry
as to the extent of the guarantee in the treaty of alliance,
he intimated that "our limits were not fixed;" and the
French charge d'affaires was selected by Spain to commu-
nicate to congress the menace of confiscation, previously
mentioned, if their vessels continued to commerce on the
Mississippi.
The jealousies to which this negotiation gave rise, were
fanned by the partisans of France, and were among the
means of exciting hostility against some of the most promi-
nent friends of the federal constitution.
The relations with Great Britain still more exhibit the
disunion and impotence of this assemblage of states.
As soon as her restrictive proclamations were known, a
general shock was felt throughout the confederacy. Com-
merce was thrown out of its usual channels, and the mer-
chants, largely indebted for the extensive importations they
had made, looked round in despair for an outlet to the produc-
* September 16, 1788.
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? 326
THE LIFE OF
tions, with the proceeds of which, they were to meet their
engagements.
To judge of the extent of the evil, it is only necessary
to recur to the fact, that of the whole amount of their ex-
ports when colonies, those to the West Indies exceeded
one-fourth. It was the more severely felt, because it
chiefly fell upon the fisheries; that prolific treasure of the
ocean, which the population of New-England regarded as
a source of exhaustless wealth, whereof the product had
composed more than one half of the articles of commerce in
the West India markets, and a very large proportion of the
whole exports of the colonies. * Cramped as they had
been by the restrictive policy of the parent country, they
had always found in the valuable products of the West
Indies a return for the fruits of their enterprise, which
afforded them continual relief. When deprived of this re-
source, universal irritation followed. The merchants were
first aroused to opposition. This feeling soon extended to
the people. Wholly unprepared to encounter the difficul-
ties incident to their existence as an independent nation, and
overlooking the rigid restrictions of France on the commerce
with her dependencies, they denounced, as an act of hos-
tility, the exercise of the unquestionable right of another
independent nation to pursue its own distinct interests.
General combinations were instantly entered into to
prevent the unlading of British vessels. New-Haven,
where the occlusion was much felt, was foremost in the
measures to induce the prohibition of English ships arriving
* The markets of Canada, Newfoundland, and Nova Scotia, and of a
part of Europe, were cut off, and the annual government bounty of . ? 20,000
sterling had ceased.
The product of the fisheries was estimated in congress to be one-sixth of
the whole exports of the United States; elsewhere, at one-tenth. In 1775,
Massachusetts employed in them, fourteen thousand tons; in 1787, four
thousand.
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? HAMILTON.
327
from the West Indies. A meeting was held at Philadel-
phia, urging in strong terms the same policy, which was re-
echoed throughout the impoverished confederacy. While
such was the temper of this country, an essay appeared in
London, which being considered as an expression of the
sentiments of the ministry of Great Britain, had much in-
fluence. It espoused with warmth the system of monopo-
lies, argued the dependence of the confederacy upon Brit-
ish supplies, and promised to England, without further
concessions, the exclusive trade of the United States. It
also took an extensive view of their political condition;
disclosed an undisguised contempt of the articles of the
confederation; a full consciousness of the inability of con-
gress to fulfil any treaty, from the conflicting powers re-
served to the states; and a hope to avail themselves of the
anarchy which must arise from the contending interests of
various legislation, and of the facilities which the want of
a uniform policy must give to the introduction of British
manufactures.
Various replies to this pamphlet were made, showing
great diversity of opinion, indicative rather of the ingenuity
and fertility of the popular mind, than of sound and practical
views of the true interests of the country. An essay at
last appeared, containing " Strictures on commerce," which,
taking an enlarged view of the British system, showed the im-
policy of her monopolies, and that a general power of com-
mercial regulation vested in congress would alone protect the
commerce of this country, and prevent a dissolution of the
union. * This opinion gained rapidly, and being accelera-
* This pamphlet was from the pen of William Bingham, late agent of
congress at Martinique, elected to that body in 1786, and subsequently a
senator of the United States. His language is, "The states, from a sense of
common danger and common interest, will more closely unite together, and
form one general system of exclusive navigation, in regard to Great Britain,
established on clear, equal, and determinate principles of commercial retalia-
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THE LIFE OF
ted by the remonstrances of the West India islands, indu-
ced, at last, a definitive action by congress. The states
were invited to invest them with this power for a short
term; but this salutary proposition was opposed, and
it was sought to substitute a recommendation to each le-
gislature to make the discrimination. * Though this oppo-
sition proceeded principally from jealousy of a central
jurisdiction, other causes had influence. Of these, the
chief was a great diversity of opinion, whether the United
States should promote their own maritime importance, or
should abandon the ocean to foreigners. The former
opinion was maintained by the eastern and middle states;
those of the south having no vessels, were disinclined to a
system which would temporarily increase the value of
freight, and might, as they apprehended, render them tri-
butary to the north. There was little prospect of an early
concurrence in this measure. Meanwhile, the various
delicate questions which had arisen out of the definitive
treaty, and the growing animosities of the nations, showed
the importance of closing the widening breach. This could
only be effected by a commercial treaty; but the power of
making an effective treaty had not been conferred on the
confederation; and it has been seen from her reply to the
overtures of the joint commission, that England was aware
of it. This was a serious difficulty; but had the power
existed, great doubts were entertained of the disposition
of her councils. How long Jefferson continued to flatter
tion, which will pervade the whole union. An American looking forward to
the future prosperity and power of his country, and contemplating the ten.
dency of this system towards strengthening the union of the states, and making
it indissoluble, will not hesitate to acquiesce, without a murmur, to the ex-
istence of theso restraining regulations. " Yet of Aim Madison states, " Mr.
Bingham alone avowed his wishes that the Confederacy might be divided in-
to several distinct confederacies, its great extent and various interests being
incompatible with a single government. "--Madison Papers, v. 2, p. 589.
* April 30,1784.
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? HAMILTON.
329
himself, is not known, but the hopeless prospect of the
joint commission flashed on the mind of Adams soon after
the annunciation of Great Britain, that she would re-
quire an embassy to London.
In a letter of the thirty-first January, seventeen hundred
and eighty-five, to Gerry, a delegate to congress, he puts
the inquiry, "What shall be done V and answers by the
observation, " There are but two things--either to send a
minister to London, according to the king's polite invita-
tion, and try what can be done there; or, commence im-
mediately the sour work of retaliation. Will the states
agree to exclude British ships from their ports, and Brit-
ish manufactures, or any of them? and can such prohibi-
tions be executed, or high duties be levied? Suppose you
lay a heavy duty upon every British vessel, or upon Brit-
ish manufactures, to retaliate for the duty on oil, &c. , can
we go through with it? We have no answers to any of
the many things proposed to the British ministry through
the Duke of Dorset, and I really think nothing will ever
be done but by an exchange of ministers. *"
In another letter of the ninth of March following, he
observes, "I think the invitation to send a minister to
London should be accepted, as it is undoubtedly our place
to send first, and as the neglect of exchanging ambassa-
dors will forever be regarded as a proof of coldness and
* Life of Gerry, vol. 1, 464. --A preceding paragraph of the same letter
shows the sacrifices Adams supposed he had made by his long residence in
Paris. "I see the people have not lost sight of their old friends. I really
feel an earnest desire to be one of you; but when will that be possible? It
is more agreeable to be at home among one's equals, and to enjoy some de-
gree of respect and esteem among those we feel a regard for, than to be ad-
mired by strangers; but to be in a foreign country, among strange faces,
manners, languages, and looked at with terror--rarely finding a person who
dares to speak to one, as has been my case, Mr. Dumas', Mr. Jay's, and oth-
ers, for years together, is horrible; oh ! 'tis horrible. "
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THE LIFE OF
jealousy by the people of England, the people of America,
and by all the courts and nations of Europe. " A letter
from him to the secretary of foreign affairs of the same
date observes, " I am sure we could not do less, sepa-
rately, than we are likely to do together I make
no scruple, no hesitation to advise that a minister may be
sent; nor will I be intimidated from giving this advice
by any apprehension that I shall be suspected of a design
or desire of going to England myself. Whoever goes will
neither find it a lucrative nor a pleasant employment, nor
will he be envied by me. "*
The reply of Jay enclosed his credentials to the court
of St. James.
Having remained some weeks in Paris, as he states, to
perform the ceremonial of taking leave of the court of
France, he arrived in London in May, prepared for his
presentation at that of Great Britain. f These matters of
etiquette being disposed of, Adams soon after entered up-
on the business of his mission.
It has been seen in his letter of January, written previ-
ous to his appointment, that an "embassy or retaliation"
are presented as the alternatives. Those subsequent to it
approve of the discriminating resolutions of certain states,
and urge "that we have no means to make an impres- ,
sion, but by commercial regulations, which the vulgar may
see strike essentially at their interests without injuring our
own. " The extent of the constitutional treaty power is
also discussed ; the supposed absurdity of thirteen minis-
ters at every court, is indicated; the necessity of enlarg-
ing it, is zealously inculcated. This question had not oc-
curred to the American commissioners on the annuncia-
tion to England of their joint authority.
* 2 Dip. Cor. 167.
t His amusing record of his presentation to the king and queen, will be
found in Dip. Cor. vol. 4, p. 211.
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? HAMILTON.
331
The instructions to Adams directed him to insist upon
the surrender of the posts and territories within the limits
of the United States; to remonstrate against the infrac-
tion of the definitive treaty by the deportation of slaves
and other property; and to represent the necessary ten-
dency of the British restrictions to incapacitate our mer-
chants from remitting to theirs, and the losses which would
be sustained by an immediate pressure for the payment of
debts contracted before the war. These claims were stated
to the British minister at length. In prosecution of his
object, the draft of a commercial treaty, the terms of which
were subsequently approved by congress, was soon after
submitted to the English cabinet.
England had expressed her readiness to receive propo-
sals, but no disposition was evinced by her to enter upon
a negotiation, nor to accredit an ambassador to the Uni-
ted States. The only reply given to the plan of treaty,
was the inquiry, " Can the United States secure any priv-
ilege to Great Britain in which France will not partici-
pate ? "* and the embassy to London was acknowedged by
the appointment of a consul.
These were things not to be endured, and yet not to be
resented by the American envoy. Feeling that from the
magic circle of court formalities there was no escape, Ad-
ams, relying upon the vast results he attributed to a simi-
lar procedure at the Hague, resolved to bring the British
ministry to a stand by presenting a memorial demanding
the evacuation of the frontier posts. But again delay was
followed by delay--all was ceremony--month after month
elapsed, when a reply was at last given. This reply
avowed the determination of Great Britain to act in per-
fect conformity with the strictest principles of justice and
good faith, and her readiness to carry every article of the
? 4 Dip. Cor.
they submit it as their opinion, " that it would be proper
without delay to instruct the minister of the United States
at the court of France,* not to give any sanction to any
negotiation which may be proposed for transferring the
debt due from the United States, to any state, or compa-
ny of individuals, who may be disposed to purchase the
same. "
So jealous were congress of the injury which this pro-
position might inflict on the national character, that on the
day on which this report is dated, they instantly passed
an act instructing Jefferson not to promote any negotia-
tion for transferring the debt due to France from the
United States. f
Thus the national honour was saved, but the lure had
succeeded. In prosecution of the project, a letter was ad-
dressed by Jefferson to Dumas,J to ascertain its practica-
bility; whose reply evinced a preference of a purchase
for a sum less than its face, to a loan for the whole amount,
and urged prompt action, stating that the sacrifice on
the part of France, would be very small. An arret was
accordingly framed and submitted to Calonne. That min-
ister, grasping at such a prospect of relief from his finan-
cial difficulties, soon after this purchase was suggested,
addressed a letter to Jefferson, giving the assurance that
the monopolies on particular articles would not be renew-
ed, and that the duties on most of the imports, the growth
of the United States, in French or American vessels, were
"suppressed. "? The execution of this arrangement was,
? 3D. C. 183. t3D. C. 289.
X Dumas had a pension from France, revertible to his daughter.
? 3 Dip. Cor. 163. --Oct. 22,1786. --Tins letter also states, that as Virginia
had ordered arms for her militia from France, the duties and prohibition of
them should be abolished. Similar supplies had been furnished by France
to her during the war, which gave rise to questions in the settlement of the
accounts. A more serious difficulty grew out of an act of that state, passed
pending Jefferson's negotiation about the debt, giving a preference to French
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? 314 THE LIFE OF
?
however, suspended, not improbably in consequence of the
rejection by congress of the proposed transfer of the debt.
But the disturbances in Holland, and the hostile appear-
ances in Europe, notwithstanding a temporary pacification,
ultimately induced the issuing of arrets, enlarging in some
particulars, and abridging in others, the former arrange-
ment.
One topic of discussion yet remained. It has been pre-
viously mentioned that the treaty with France provided
for the mutual appointment of consuls, under a convention
to be framed between the respective governments. This
subject was not acted upon until July, seventeen hundred
and eighty-one; immediately after the resolutions, submit-
ting the terms of a treaty with Great Britain, had been
passed. A memoir was at that time presented by La Lu-
zerne, containing a draft of a consular convention, pre-
pared at Paris.
It was in its essential features approved by congress the
following January, with one material difference. The
French plan proposed the presentation, by their consuls, of
their commissions to the respective states, which were to
grant them their exequaturs. The American draft required
that the consuls should, " in the first instance," present their
commissions to congress, to be recognised by them by a
public act, and then to have validity in the states. This
plan was sent to Franklin, with instructions to exercise his
discretion as to the words or arrangement of it, but to
confine himself in all important respects to its substance.
brandies. The minister of the Netherlands presented a remonstrance against
this preference, as a breach of treaty. In this treaty, Adams had omitted
an important provision, securing compensation for privileges; but the United
States considered this as a gratuitous favour. The injury was acknowledged,
and resolutions were adopted by congress, urging Virginia to repeal the act,
founded on a report from the department of foreign affairs, censuring the
granting of favours by any state. --i S. J. 401.
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? HAMILTOX. 315
?
A convention was entered into by him, and was submitted
to congress in seventeen hundred and eighty-four; France
having in the mean time appointed Marbois consul-gener-
al, with a subordinate corps of consuls and vice-consuls.
On the consideration of this convention, congress, at the
instance of Jay, unanimously resolved, that instructions
should be given that the signature of the convention
should be delayed until further advices, unless it had been
already signed. A despatch from Franklin announced that
h had been already signed, and that a copy had been so
long since transmitted to congress, that its ratification was
expected; he added," I am not informed what objection has
arisen in congress to the plan sent me. Mr. Jefferson
thinks it may have been to that part which restrained the
consuls from all concerns in commei-ce. "* Congress had
delayed to act upon it, until, a formal demand of its ratifi-
cation being made by France, the convention was deliber-
ately examined by the secretary of foreign affairs.
On this examination it appeared that it proposed three
principal objects, in the promotion of which, it was mani-
fest, that the United States had no interest.
The first was, a provision against the infraction of the
French and American laws of trade. As the United
States had no laws for the regulation of her commerce with
France or her dominions, there could be no use in a pro-
vision against the' infraction of them. The second was,
a restriction of the emigration to the other, of the people
of either country, which, as there was no reason to ap-
prehend emigration from the United States to France, was
superfluous. The third, established a corps of "consuls,
vice-consuls, and agents," so coherent, so capable of acting
jointly and secretly, and so ready to obey the order of
their chief, that it could not fail of being influential in two
2 Dip. Cor. 44.
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? 316 THE LIFE OF
?
very important political respects--the acquisition and
communication of intelligence, and the dissemination and
impression of such advices, sentiments, and opinions, of
men and measures, as it might be deemed expedient to dif-
fuse and encourage. " An arrangement, which, in France,
"where nothing could be printed without being licensed,
or said without being known, and, if disliked, followed
with inconvenience, and where the people being perfectly
unimportant, every measure to influence their opinions
must be equally so, could be of no use to America," but
which in the United States would be most dangerous to
her institutions.
The powers and immunities with which this corps was
clothed, were equally objectionable. By one article, certi-
fied declarations made before the consuls, were to be re-
ceived in evidence as conclusive. By another, the consuls
were invested with jurisdiction over all offences in which
the citizens of the respective countries were parties, to the
exclusion of the civil tribunals constitutionally created,
while full immunity was conferred on their persons, pa-
pers, houses, and dependants. Consular chanceries were
also created, which in many respects clashed with the in-
ternal policy of the United States, and a complete jurisdic-
tion was given over French vessels in American harbours.
It is also not a little remarkable, that the original feature
in the French plan, which directed the commissions to
be presented on their arrival to the respective states, ac-
cording to the forms established there, was retained, not-
withstanding the express instruction to follow the plan of
congress, which directed these commissions, "in the first
instance" to be presented to them. This, connected with
the suggestion of Vergennes to Adams, that each state
should appoint its own ministers, combined with the other
circumstances of a direct loan being made by France to
Virginia, and a commercial exemption being obtained from
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? HAMILTON. 317
her, leaves a strong implication that France had in view
relations with the individual states, independent of congress,
and in direct violation of the articles of confederation, and
that Jefferson was not insensible of the advantages Vir-
ginia might derive from these dispositions. The position of
the United States was not a little embarrassing. The
scheme having been framed by a former legislature, was
conclusive upon the country, and its execution was ur-
gently pressed by the French charge d'affaires.
As the only alternative, instructions Were transmitted to
Jefferson to state the objections to the present form, and to
give assurances of their readiness to ratify a convention
agreeable to the scheme originally framed, on the condition
of its being limited to eight or ten years, instead of its be-
ing perpetual, as was first agreed. After much negotia-
tion, a convention liable to fewer objections than that
signed by Franklin, was concluded in seventeen hundred
and eighty-eight; and after an inquiry how far it was ob-
ligatory upon the country, was ratified from necessity by
the present government.
The fruitless efforts made by the Spanish resident at
Paris to induce Jay to enter into a treaty, the basis of
which was a sacrifice of a large part of the undoubted ter-
ritory of the United States, and, as a consequence of such
sacrifice, the total abandonment of the Mississippi, have
been the subject of previous comment.
On the third of June, seventeen hundred and eighty-four,
a few days after Jay had been elected secretary of foreign
affairs, and Jefferson chosen commissioner in his place, it
was thought advisable to renew the instructions of seven-
teen hundred and eighty-two; and a resolution, moved by
Nathan Dane, of Massachusetts, passed, directing the Amer-
ican commissioners " not to relinquish or cede, in any event,
the right of the citizens of the United States to the free
navigation of the Mississippi from its source to the ocean. "
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? 318
THE LIFE or
It has been seen that, notwithstanding the recent nego-
tiation with Jay at Paris, the commissioners, or some of
them, were required to repair to Madrid. This was not
acceded to, and Spain, sensible of her error, sought to re-
move the prejudices of the United States by a course of
conciliation. She mediated a peace between them and the
emperor of Morocco, on terms favourable to the former.
She released a number of Americans, who had been im-
prisoned at Havana for breaches of her navigation laws,
and she commissioned Gardoqui, a partner of a commercial
house at Bilboa, who had been the medium of aids from
Spain at an early period of the revolution, to negotiate a
treaty. He arrived in seventeen hundred and eighty-five,
when the secretary of foreign affairs was authorized to
treat with him.
The point upon which the former negotiation had broken
off, still remained an insuperable obstacle. While Spain
offered to treat on terms, in other respects deemed by Jay
of the greatest advantage, she still insisted upon the reten-
tion of the territory east of the Mississippi, and consequent-
ly upon the exclusion of our citizens from its navigation.
Late in the preceding year she had caused it to be announced
to the United States, that vessels trading through that river
would be exposed to process and confiscation. The obstruc-
tion of them, by her garrison at Natchez, was indicative
of her determination to enforce her pretensions. The
question now assumed a new aspect. The navigation
could not be permanently relinquished. To submit to the
enforcement of her restrictions, while their justice was de-
nied, would be humiliation; to resist by arms, was war.
Influenced by this state of things, by his impression of
the other advantages of the treaty, and by the consider-
ation that Spain was in possession of posts on both branches
of the river, rather than the United States, without money,
without credit, and without an army, should be plunged
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? HAMILTON.
319
into a war. " with very little prospect of terminating it by
a peace, either advantageous or glorious," the American
secretary attended congress, and enforced* the propriety
of a treaty, limited to twenty-five or thirty years; one of
the articles of which would have stipulated the forbear-
ance of our citizens to use its navigation below their own
territories to the ocean for a like term. This proposition
gave great offence. The delegates from the northern
stales approving it, while those of the southern condemned
it. A motion was made to revoke his commission, which
was defeated; and a resolution was introduced, repealing
the instruction to stipulate the free navigation of the Mis-
sissippi to the ocean, consenting to a modified use of it,f
but with a proviso to insist upon the territorial limits fixed
by the definitive treaty with Great Britain. A strong re-
monstrance was made by the delegates of Virginia, in
which, not merely these questions, but the whole plan of
the treaty, was objected to. J
Jayrs plan proposed to give to the merchants, vessels, pro-
ductions, and manufactures of each country, the same
privileges as if they were those of the country itself. It
was urged that as Spain made no discrimination in her
ports between her merchants and those of other nations,
by this article the United States relinquished the right of
making any discrimination, however beneficial it might be
to her, without any consideration. As to the vessels, it
was objected that as Spain admitted those of all coun-
* 6 D. C. 165. --August 3d, 1786.
t These modifications were, permission to land and store American produc-
tions at New-Orleans; an advalorem duty to be paid to Spain on all ship-
ments thence by American citizens; permission to our merchants to re-
side there; a privilege to American vessels to return from its month to that
port, but not to carry any goods, contrary to the regulations of Spain, under
pain of confiscation.
t 4 S. J. 87.
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? 320
THE LIFE OF
tries, even in the carriage of her own productions, " the
United States bound themselves up again without a valuable
consideration. " As to productions, by the policy of Spain
we now enjoyed the free admission of them; nothing
therefore could be gained to us in this respect; and when
our " commerce is subjected to the most severe restric-
tions in almost every foreign port--fish being excluded by
France and Britain--the Mediterranean shut against us--
the West Indies occluded almost altogether--the wheat
and rice trade thus greatly injured--tobacco in France a
monopoly, in Spain contraband--one would suppose it
the duty of every wise American statesman to secure our
rights and interests at home--to give in our own ports to
our own citizens exclusive privileges; but of this advan-
tage the project would deprive them. " This proposed stip-
ulation was objected to on other grounds. It would be
contrary to the policy of the British navigation act," by
the wisdom of which, and of her other regulations in com-
merce, it was stated, Britain had attained to such a height
of power and grandeur on the seas as to be at the same
time the terror and the admiration of the world;" and yet of
the benefits of such a policy and making such discrimina-
tions this project would deprive us. As to manufactures,
it was urged that the right of prohibition or restriction on
exports or imports was given up. This was without a pre-
cedent, unless it was the "family compact," which proved
inconvenient and was annulled; independent nations hav-
ing always retained the right of regulating their own inte-
rior police, and thus of securing reciprocity; a right, the ex-
ercise of which would be subservient to various purposes--
the promotion of virtue and frugality, by the prohibition of
foreign luxuries--the encouragement of manufactures and
of the mechanical arts, by the prohibition of imports. The
treaties with France and other powers stipulated to each
the right of the most favoured nations. These nations
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? HAMILTON.
321
coming into the terms of Spain, in doing which they will
give up nothing, will be entitled to these benefits ; "the
evils of this project will be therefore almost universal, and of
course without remedy. " The surrender or forbearance of
the use of the Mississippi was objected to as inconsistent with
the compact with Virginia as to the western territory. And
it was also contended that its effect would be to dismem-
ber the government by a treaty of commerce, which could
not be done under a limited power to treat.
It would be difficult to select an instance in which the
United States had less motive to reserve or to exert the
power of discrimination or prohibition. As to vessels,
from the course of the trade, the cargoes and the superior
economy of American navigation, a successful competition
on the part of Spain was hopeless. How the policy of
the British navigation act could, under such circumstan-
ces, the United States being the carriers, have been ad-
vantageously adopted, it is not easy to suppose. As to
productions, the only object of Spanish traffic the impor-
tation of which this country has found it expedient to pro-
hibit, is that of slaves. As to manufactures, those of
Spain have never sought the American market.
But it was urged, if the commerce with Spain should be
placed on the footing of natives, that France and Sweden
would in virtue of their treaties be entitled to the same
terms, only by reciprocating to the United States the same
privilege. Was this an evil to be deprecated?
It cannot escape observation how entirely the principles
of this report are at variance with the instructions pro-
posed by Jefferson. Its details have been given chiefly to
show how great and rapid had been the change of opinion
as to the commercial policy of this country, two years
only having elapsed since the approval of those instruc-
tions by congress. That Virginia should have been the
first state since the peace to have proposed, and the first
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? 322
THE LIFE OF
to have objected to a system of free trade, is only an in-
stance of the error of applying rigidly general maxims of
policy to the conduct of nations, without regard to the
modifications circumstances may indicate. Nor will it fail
to be remarked as additional evidence of the timid coun-
sels by which that state had been governed, that though
in seventeen hundred and eighty-one, her legislature had
instructed Madison to authorize Jay to cede the right of
navigating the Mississippi to Spain absolutely and for
ever, she now declared that to consent to a suspension of
that right would be "to dismember" the government.
The importance Spain attached to that right, is shown
not only by her conduct during the war, but by the
promptitude witli which she opened a negotiation respect-
ing it after the peace. Claiming the exclusive right, and
denying the pretensions of this country, it was thought to
be an important object attained if a treaty could be made
which would imply that she accepted the use of the river
as the lessee of the United states for a specified time, and
thus virtually recognised the reversionary right to be in
them; thus terminating all questions of ownership.
Impelled by this strong motive, and little anticipating
the rapid growth of the western territory, Jay considering
that by this treaty the United States "gained much, and
sacrificed or gave up nothing," continued his negotiation
with the charge of Spain. He fortunately refused "to
admit the navigation of the Mississippi below their limits
on any terms, nor would he consent to any article acknow-
ledging their right in express terms, and stipulating to for-
bear the use of it for a given time," a difficulty that Jay
supposed could be overcome by implication, in which idea
Gardoqui concurred.
The vote prohibiting a surrender of the navigation of
the Mississippi.
was a vote of nine states; that authorizing
this compromise was given by seven states. The consti-
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? II A MILTON.
323
tutionality of this vote was denied by the southern states:
and as the division was geographical, gave rise to much
excitement. On the part of the south, it was alleged that
New-England was solely actuated by a desire to check
the population of the west, and thus maintain her prepon-
derance in the union. The eastern states having opposed
the alienation or suspension of this right when the south-
ern states were its advocates, repelled the charge, and
urged that this temporary cession would fix the permanent
right in favour of this country, and prevent a coalition then
apprehended between Great Britain and Spain. A resolu-
tion passed directing Jay to report the state of the negotia-
tion; and as soon as the disposition of congress to consent
to a limited use of the navigation was disclosed, a wide
alarm was spread along the western frontier, and mutual
complaints of aggression by the borderers were heard.
These complaints were referred to Jay, who having stated
acts of hostility by both parties, and his conviction of the
right of the United States to navigate that river from its
source to the ocean, expressed the opinion that if inter-
rupted by her " it will be proper to declare war against
Spain. "
In this state of the question Madison proposed to refer
the consideration of the American grievances to a com-
mittee, but was unsuccessful. In the mean time the agents
of France had manifested great solicitude. It was their
wish* that the negotiation should be committed to Jeffer-
son and transferred to Madrid. With this view Madison,
* March 19, 1787--Madison to Jefferson:--" I discover, through several
channels, that it would be very grateful to the French politicians here to see
our negotiations with Spain shifted into your hands, and carried on under
the mediating auspices of their court. "
April 15, 1787--Madison to Edmund Randolph:--" We mean to propose
that Jefferson be sent under a special commission, to plead the cause of the
Mississippi at Madrid. "--Madison Papers, vol. 2, p. 625, 637.
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on the eighteenth of April, proposed that a special com-
mission should be issued to Jefferson to proceed to Ma-
drid " to enter into commercial stipulations, and to make
such representations and urge such negotiations as will
be most likely to impress on Spain the friendly disposition
of the United States, and to induce her to make such con-
cessions touching the southern limits and their right to
navigate the Mississippi below them, as might most effec-
tually guard against a rupture of the subsisting harmony,
and promote the mutual interests of the two nations. "
This proposal was referred to Jay; he had previously
made a report showing the disposition of France to pro-
mote the views of Spain, and he now strongly dissuaded
this measure. He stated that it was more advantageous
and more honourable to negotiate at home; that this trans-
fer would offend the Spanish charge^ who would confirm
the suspicions which this measure might excite in his court
of an intention to amuse her, a suspicion to which the lan-
guage of this resolution, as it only empowered him to con-
fer, but not to conclude a treaty,* would be too apt to
give colour. Twelve months after, the excitement in the
western region having increased by the extended rumour
of a disposition to surrender this right, the delegates from
North Carolina proposed a declaration by congress that
the United States " have a clear, absolute, and unalienable"
claim to it. Jay, to whom it was referred, reported that a
declaration ought to be made that this rumour was not
* In this report, Jay observed in reference to the terms of this resolution:
"Perhaps this may only be an inadvertent inaccuracy in the motion; if not,
it gives much colour to the inferences above suggested. "--4 S. J. 342. At
the sitting of the Virginia convention, Monroe reproved the conduct of this
negotiation. Madison replied:--" From the best information, it never was the
sense of the people at large or the prevailing characters of the eastern states
to approve of the measure. "--2 Elliot's Debates, 262-3. But see Madison
Papers, v. 2, p. 637, 642.
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? HAMILTON.
325
founded in fact; but objected to an assertion that the right
was unalienable, lest it might exclude the possibility of
such modifications as, without impairing it, might be ad-
vantageous to the country and satisfactory to its citizens.
A new committee was then raised, of which Hamilton was
chairman. He introduced resolutions, which were adopt-
ed,* that the reported purpose to surrender this right, not
being founded in fact, the delegates be at liberty to com-
municate all such circumstances as may be necessary to
contradict it and remove misconceptions: "That the free
navigation of the river Mississippi is a clear and essential
right of the United States, and that the same ought to be
considered and supported as such. "
The same disposition which had been evinced upon this
question in seventeen hundred and eighty-two, continued
to be manifested by Vergennes. In answer to an inquiry
as to the extent of the guarantee in the treaty of alliance,
he intimated that "our limits were not fixed;" and the
French charge d'affaires was selected by Spain to commu-
nicate to congress the menace of confiscation, previously
mentioned, if their vessels continued to commerce on the
Mississippi.
The jealousies to which this negotiation gave rise, were
fanned by the partisans of France, and were among the
means of exciting hostility against some of the most promi-
nent friends of the federal constitution.
The relations with Great Britain still more exhibit the
disunion and impotence of this assemblage of states.
As soon as her restrictive proclamations were known, a
general shock was felt throughout the confederacy. Com-
merce was thrown out of its usual channels, and the mer-
chants, largely indebted for the extensive importations they
had made, looked round in despair for an outlet to the produc-
* September 16, 1788.
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THE LIFE OF
tions, with the proceeds of which, they were to meet their
engagements.
To judge of the extent of the evil, it is only necessary
to recur to the fact, that of the whole amount of their ex-
ports when colonies, those to the West Indies exceeded
one-fourth. It was the more severely felt, because it
chiefly fell upon the fisheries; that prolific treasure of the
ocean, which the population of New-England regarded as
a source of exhaustless wealth, whereof the product had
composed more than one half of the articles of commerce in
the West India markets, and a very large proportion of the
whole exports of the colonies. * Cramped as they had
been by the restrictive policy of the parent country, they
had always found in the valuable products of the West
Indies a return for the fruits of their enterprise, which
afforded them continual relief. When deprived of this re-
source, universal irritation followed. The merchants were
first aroused to opposition. This feeling soon extended to
the people. Wholly unprepared to encounter the difficul-
ties incident to their existence as an independent nation, and
overlooking the rigid restrictions of France on the commerce
with her dependencies, they denounced, as an act of hos-
tility, the exercise of the unquestionable right of another
independent nation to pursue its own distinct interests.
General combinations were instantly entered into to
prevent the unlading of British vessels. New-Haven,
where the occlusion was much felt, was foremost in the
measures to induce the prohibition of English ships arriving
* The markets of Canada, Newfoundland, and Nova Scotia, and of a
part of Europe, were cut off, and the annual government bounty of . ? 20,000
sterling had ceased.
The product of the fisheries was estimated in congress to be one-sixth of
the whole exports of the United States; elsewhere, at one-tenth. In 1775,
Massachusetts employed in them, fourteen thousand tons; in 1787, four
thousand.
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? HAMILTON.
327
from the West Indies. A meeting was held at Philadel-
phia, urging in strong terms the same policy, which was re-
echoed throughout the impoverished confederacy. While
such was the temper of this country, an essay appeared in
London, which being considered as an expression of the
sentiments of the ministry of Great Britain, had much in-
fluence. It espoused with warmth the system of monopo-
lies, argued the dependence of the confederacy upon Brit-
ish supplies, and promised to England, without further
concessions, the exclusive trade of the United States. It
also took an extensive view of their political condition;
disclosed an undisguised contempt of the articles of the
confederation; a full consciousness of the inability of con-
gress to fulfil any treaty, from the conflicting powers re-
served to the states; and a hope to avail themselves of the
anarchy which must arise from the contending interests of
various legislation, and of the facilities which the want of
a uniform policy must give to the introduction of British
manufactures.
Various replies to this pamphlet were made, showing
great diversity of opinion, indicative rather of the ingenuity
and fertility of the popular mind, than of sound and practical
views of the true interests of the country. An essay at
last appeared, containing " Strictures on commerce," which,
taking an enlarged view of the British system, showed the im-
policy of her monopolies, and that a general power of com-
mercial regulation vested in congress would alone protect the
commerce of this country, and prevent a dissolution of the
union. * This opinion gained rapidly, and being accelera-
* This pamphlet was from the pen of William Bingham, late agent of
congress at Martinique, elected to that body in 1786, and subsequently a
senator of the United States. His language is, "The states, from a sense of
common danger and common interest, will more closely unite together, and
form one general system of exclusive navigation, in regard to Great Britain,
established on clear, equal, and determinate principles of commercial retalia-
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ted by the remonstrances of the West India islands, indu-
ced, at last, a definitive action by congress. The states
were invited to invest them with this power for a short
term; but this salutary proposition was opposed, and
it was sought to substitute a recommendation to each le-
gislature to make the discrimination. * Though this oppo-
sition proceeded principally from jealousy of a central
jurisdiction, other causes had influence. Of these, the
chief was a great diversity of opinion, whether the United
States should promote their own maritime importance, or
should abandon the ocean to foreigners. The former
opinion was maintained by the eastern and middle states;
those of the south having no vessels, were disinclined to a
system which would temporarily increase the value of
freight, and might, as they apprehended, render them tri-
butary to the north. There was little prospect of an early
concurrence in this measure. Meanwhile, the various
delicate questions which had arisen out of the definitive
treaty, and the growing animosities of the nations, showed
the importance of closing the widening breach. This could
only be effected by a commercial treaty; but the power of
making an effective treaty had not been conferred on the
confederation; and it has been seen from her reply to the
overtures of the joint commission, that England was aware
of it. This was a serious difficulty; but had the power
existed, great doubts were entertained of the disposition
of her councils. How long Jefferson continued to flatter
tion, which will pervade the whole union. An American looking forward to
the future prosperity and power of his country, and contemplating the ten.
dency of this system towards strengthening the union of the states, and making
it indissoluble, will not hesitate to acquiesce, without a murmur, to the ex-
istence of theso restraining regulations. " Yet of Aim Madison states, " Mr.
Bingham alone avowed his wishes that the Confederacy might be divided in-
to several distinct confederacies, its great extent and various interests being
incompatible with a single government. "--Madison Papers, v. 2, p. 589.
* April 30,1784.
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? HAMILTON.
329
himself, is not known, but the hopeless prospect of the
joint commission flashed on the mind of Adams soon after
the annunciation of Great Britain, that she would re-
quire an embassy to London.
In a letter of the thirty-first January, seventeen hundred
and eighty-five, to Gerry, a delegate to congress, he puts
the inquiry, "What shall be done V and answers by the
observation, " There are but two things--either to send a
minister to London, according to the king's polite invita-
tion, and try what can be done there; or, commence im-
mediately the sour work of retaliation. Will the states
agree to exclude British ships from their ports, and Brit-
ish manufactures, or any of them? and can such prohibi-
tions be executed, or high duties be levied? Suppose you
lay a heavy duty upon every British vessel, or upon Brit-
ish manufactures, to retaliate for the duty on oil, &c. , can
we go through with it? We have no answers to any of
the many things proposed to the British ministry through
the Duke of Dorset, and I really think nothing will ever
be done but by an exchange of ministers. *"
In another letter of the ninth of March following, he
observes, "I think the invitation to send a minister to
London should be accepted, as it is undoubtedly our place
to send first, and as the neglect of exchanging ambassa-
dors will forever be regarded as a proof of coldness and
* Life of Gerry, vol. 1, 464. --A preceding paragraph of the same letter
shows the sacrifices Adams supposed he had made by his long residence in
Paris. "I see the people have not lost sight of their old friends. I really
feel an earnest desire to be one of you; but when will that be possible? It
is more agreeable to be at home among one's equals, and to enjoy some de-
gree of respect and esteem among those we feel a regard for, than to be ad-
mired by strangers; but to be in a foreign country, among strange faces,
manners, languages, and looked at with terror--rarely finding a person who
dares to speak to one, as has been my case, Mr. Dumas', Mr. Jay's, and oth-
ers, for years together, is horrible; oh ! 'tis horrible. "
42
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jealousy by the people of England, the people of America,
and by all the courts and nations of Europe. " A letter
from him to the secretary of foreign affairs of the same
date observes, " I am sure we could not do less, sepa-
rately, than we are likely to do together I make
no scruple, no hesitation to advise that a minister may be
sent; nor will I be intimidated from giving this advice
by any apprehension that I shall be suspected of a design
or desire of going to England myself. Whoever goes will
neither find it a lucrative nor a pleasant employment, nor
will he be envied by me. "*
The reply of Jay enclosed his credentials to the court
of St. James.
Having remained some weeks in Paris, as he states, to
perform the ceremonial of taking leave of the court of
France, he arrived in London in May, prepared for his
presentation at that of Great Britain. f These matters of
etiquette being disposed of, Adams soon after entered up-
on the business of his mission.
It has been seen in his letter of January, written previ-
ous to his appointment, that an "embassy or retaliation"
are presented as the alternatives. Those subsequent to it
approve of the discriminating resolutions of certain states,
and urge "that we have no means to make an impres- ,
sion, but by commercial regulations, which the vulgar may
see strike essentially at their interests without injuring our
own. " The extent of the constitutional treaty power is
also discussed ; the supposed absurdity of thirteen minis-
ters at every court, is indicated; the necessity of enlarg-
ing it, is zealously inculcated. This question had not oc-
curred to the American commissioners on the annuncia-
tion to England of their joint authority.
* 2 Dip. Cor. 167.
t His amusing record of his presentation to the king and queen, will be
found in Dip. Cor. vol. 4, p. 211.
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? HAMILTON.
331
The instructions to Adams directed him to insist upon
the surrender of the posts and territories within the limits
of the United States; to remonstrate against the infrac-
tion of the definitive treaty by the deportation of slaves
and other property; and to represent the necessary ten-
dency of the British restrictions to incapacitate our mer-
chants from remitting to theirs, and the losses which would
be sustained by an immediate pressure for the payment of
debts contracted before the war. These claims were stated
to the British minister at length. In prosecution of his
object, the draft of a commercial treaty, the terms of which
were subsequently approved by congress, was soon after
submitted to the English cabinet.
England had expressed her readiness to receive propo-
sals, but no disposition was evinced by her to enter upon
a negotiation, nor to accredit an ambassador to the Uni-
ted States. The only reply given to the plan of treaty,
was the inquiry, " Can the United States secure any priv-
ilege to Great Britain in which France will not partici-
pate ? "* and the embassy to London was acknowedged by
the appointment of a consul.
These were things not to be endured, and yet not to be
resented by the American envoy. Feeling that from the
magic circle of court formalities there was no escape, Ad-
ams, relying upon the vast results he attributed to a simi-
lar procedure at the Hague, resolved to bring the British
ministry to a stand by presenting a memorial demanding
the evacuation of the frontier posts. But again delay was
followed by delay--all was ceremony--month after month
elapsed, when a reply was at last given. This reply
avowed the determination of Great Britain to act in per-
fect conformity with the strictest principles of justice and
good faith, and her readiness to carry every article of the
? 4 Dip. Cor.
