Humphreys made arrangements by which they received clothing and a money allowance ranging from twelve cents a day for a seaman up to eight dollars a month for a captain. Nothing, however, could be done in the way of peace negotiations. One of Humphreys' agents reported that the Dey could not make peace even if he really wanted to do so. "He declared to me that his interest does not permit him to accept your offers, Sir, even were you to lavish millions upon him, 'because,' said he, 'if I were to make peace with everybody, what should I do with my Corsairs? What should I do with my soldiers? They would take off my head, for want of other prizes.'"

This was an honest disclosure of the situation. Humphreys wrote Jefferson that "no choice is left for the United States but to prepare a naval force for the protection of their trade." Captain O'Brien wrote, "By all means urge Congress to fit out some remarkably fast sailing cruisers, well appointed and manned." In January, 1794, accordingly, a committee of the House brought in a resolution for building four ships of 44 guns and two of 20 guns each. The debate began on February 6, and for some time was altogether one-sided, with one speaker after another opposing the creation of a navy. Madison, as was now his habit, had doubts as to the propriety of the measure. He fancied that peace "might be purchased for less money than this armament would cost." Clark of New Jersey had "an objection to the establishment of a fleet, because, when once it had been commenced, there would be no end to it." He had "a scheme which he judged would be less expensive and more effectual. This was to hire the Portuguese to cruise against the Algerines." Baldwin of Georgia thought that "bribery alone could purchase security from the Algerines." Nicholas of Virginia "feared that we were not a match for the Algerines."

Smith of Maryland and Fitzsimmons of Pennsylvania championed the resolution, and Fisher Ames made some remarks on Madison's lack of spirit that caused Madison to define his position. He proposed as a subst.i.tute for the pending measure that money should "be employed in such a manner as should be found most effectual for obtaining a peace with the Regency of Algiers; and failing of this, that the sum should be applied to the end of obtaining protection from some of the European Powers." This motion warmed up the debate. Giles of Virginia came to Madison's support in a style that was not helpful. He "considered navies altogether as very foolish things. An immense quant.i.ty of property was spread on the water for no purpose whatever, which might have been employed by land to the best purpose." The suggestion that the United States should be a hermit nation was an indiscreet exposure of the logical significance of Madison's plan, and it perhaps turned the scale in favor of employing force.

The bill came up in the House for final pa.s.sage on March 10, 1794. Its opponents now sparred for time, but a motion to recommit in order to give opportunity for further consideration was defeated by 48 to 41. Giles made a final effort, by a long and elaborate address, in which he argued that the effect of fitting out a navy would be to involve the United States in war with all the European Powers. Moreover, a navy would be dangerous to American liberty. "A navy is the most expensive of all means of defense, and the tyranny of governments consists in the expensiveness of their machinery." He pointed to the results of British naval policy. "The government is not yet destroyed, but the people are oppressed, liberty is banished." The French monarchy had been ruined by its navy. He was "astonished, with these fatal examples before our eyes, that there should be gentlemen who would wish to enter upon this fashionable system of politics." In discussing the expense of maintaining a navy, he expressed his fear that it would eventually bring back the miseries of feudalism.

William Smith of South Carolina made a reply in which he defined the issue as being between defense and tribute; but Giles had the last word. He wanted to know whether it was maintained that the frigates it was proposed to build would "boldly march upon land and break the chains of the prisoners?" He begged Congress not to do what "would irritate the barbarians and furnish additional misery to the unfortunate prisoners." In this closing struggle over the bill Giles fought single-handed. When he had quite finished, the bill was pa.s.sed by 50 yeas to 39 nays, a result which showed a decided gain in strength from the discussion.

The debates in the Senate have not been preserved, but the Senate was so evenly divided that it took the casting vote of the Vice-President to pa.s.s the bill, which became law March 27, 1794. In order to get it pa.s.sed at all, a proviso had been tacked on that, if peace terms could be arranged, "no farther proceeding be had under this Act." In September, 1795, a treaty of peace with Algiers was finally concluded, after negotiations had been facilitated by a contingent fee of $18,000 paid to "Bacri the Jew, who has as much art in this sort of management as any man we ever knew," the American agents reported. It was a keen bargain, as Bacri had to propitiate court officials at his own risk, and had to look for both reimburs.e.m.e.nt and personal profit, too, out of the lump sum he was to receive in event of his success. It can hardly be doubted that he had the situation securely in hand before making the bargain. The money paid in Algiers for the ransom of the captives, for tribute and for presents to officials amounted to $642,500.00. But in addition the United States agreed to build a frigate for the Algerine navy and also supply naval stores, which with incidental expenses brought the total cost of the peace treaty up to $992,463.25. Moreover, the United States agreed to pay an annual tribute of 12,000 sequins,-about $27,500.

By the terms of the navy act, the United States had to stop building vessels for its own protection. Of those which had been authorized, the frigates Const.i.tution, United States, and Constellation were under way and were eventually completed. The timber, with material that had been collected for the other vessels, was sold, except what was needed for the frigate which was to be presented to the Algerines, and which was to be built at Portsmouth, N.H. The whole affair was a melancholy business that must have occasioned Washington deep chagrin. In his address to Congress, December 7, 1796, announcing the success of the negotiations for effecting the release of the captives, he observed that "to secure respect to a neutral flag requires a naval force, organized and ready to vindicate it from insult or aggression."

CHAPTER VI

FRENCH DESIGNS ON AMERICA

A few months before France declared war upon England, February 1, 1793, Edmond Genet was appointed French Minister to the United States. He landed at Charleston, April 8, and at once began activities so authoritative as to amount to an erection of French sovereignty in the United States. The subsequent failure of his efforts and the abrupt ending of his diplomatic career have so reacted upon his reputation that a.s.sociations of boastful arrogance and reckless incompetency cling to his name. This estimate holds him too lightly and underrates the peril to which the United States was then exposed. Genet was no casual rhetorician raised to important office by caprice of events, but a trained diplomatist of hereditary apt.i.tude and of long experience. His father was chief of the bureau of correspondence in the Department of Foreign Affairs for the French monarchy, and it was as an interpreter attached to that bureau that the son began his career in 1775. While still a youth, he gained literary distinction by his translations of historical works from Swedish into French. Genet was successively attached to the French Emba.s.sies at Berlin and Vienna, and in 1781 he succeeded his father in the Department of Foreign Affairs. In 1788, he was Secretary of the French Emba.s.sy at St. Petersburg, where his zeal for French Revolutionary principles so irritated the Empress Catherine that she characterized him as "a furious demagogue," and in 1792 he was forced to leave Russia. In the same year he was named Amba.s.sador to Holland, and thence was soon transferred to the United States.

It is obvious that a man of such experience could not be ignorant of diplomatic forms and of international proprieties of behavior. If he pursued a course that has since seemed to be a marvel of truculence, the explanation should be sought in the circ.u.mstances of his mission more than in the nature of his personality. When the matter is considered from this standpoint, not only does one find that Genet's proceedings become consistent and intelligible, but one becomes deeply impressed with the magnitude of the peril then confronting the United States. Nothing less than American independence was at stake.

It should be borne in mind that France, in aiding America against England, had been pursuing her own ends. In August, 1787, the French government advised its American representative that it had observed with indifference the movements going on in the United States and would view the break-up of the Confederation without regret. "We have never pretended to make of America a useful ally; we have had no other object than to deprive Great Britain of that vast continent." But, now that war with England had broken out again, it was worth while making an effort to convert America into a useful ally. Jefferson, while Minister to Paris, had been sympathetic with the Revolutionary movement. In 1789, the English Amba.s.sador reported to his government that Jefferson was much consulted by the leaders of the Third Estate. On the other hand, Gouverneur Morris, who was then living in Paris, sympathized frankly with the King. Nevertheless he was chosen to succeed Jefferson as the American Minister. In notifying him of the appointment, Washington let him know that there had been objections. "It was urged that in France you were considered as a favorer of the aristocracy, and unfriendly to its Revolution." Washington's reminder that it was his business to promote the interest of his own country did not have any apparent effect on Morris's behavior. He became the personal agent of Louis XVI, and he not only received and disbursed large sums on the King's account, but he also entered into plans for the King's flight from Paris. During the Reign of Terror which began in 1792, he behaved with an energy and an intrepidity honorable to him as a man; in general, however, his course tended to embroil and not to guard American interests.

In the face of the European coalition against revolutionary France, the principle of action was that announced by Danton,-"to dare, and to dare, and without end to dare." Genet therefore went on his mission to America keyed to measures which were audacious but which can hardly be described as reckless. By plunging heavily he might make a big winning; if he failed, he was hardly worse off than if he had not made the attempt. To draw the United States into the war as the ally of France was only one part of his mission. He was also planning to reestablish the French colonial empire, the loss of which was still an unhealed wound. Canada, Louisiana, and the Floridas were all in his mind. In Louisiana, France regarded conditions as being so favorable that Genet was instructed to make special efforts in that quarter. Spain, which had entered the coalition against republican France, held the lower Mississippi. Spain was therefore the common enemy of France and of the American settlements west of the mountains. Ought not then those two republican interests to work together to expel Spain and to seize Louisiana? Moreover, there was a belief, not without grounds, that the older States which formed the American union were indifferent to the needs and interests of the country west of the Alleghenies and would be more relieved than afflicted if it should take its destinies into its own hands. Such considerations animated a group of Americans in Paris, among whose prominent members were Thomas Paine, the pamphleteer, Joel Barlow, the poet, and Dr. James O'Fallon, a Revolutionary soldier now interested in Western land speculation. All were then ardent sympathizers with the French Revolution, and they entered heartily into the design of stirring up the Western country against Spain. The project attracted some frontier leaders, among them George Rogers Clark, famous for his successful campaigns against the hostile Indians and the British during the Revolutionary War. He was to lead a force of Western riflemen against the Spanish posts in Louisiana, and Genet brought with him blank brevets of officers up to the grade of captain for bestowal on the Indian chiefs who would cooperate. The expenses of the expedition were to be met by collections which Genet expected to make from the treasury of the United States on account of sums due to France.

The project of using the United States as a French base could claim legal rights under the treaties of 1778 between France and the United States. There were two treaties, both concluded on the same day. One, ent.i.tled a treaty of amity and commerce, was a mutual conveyance of privileges; it provided that the ships of war of each country should defend the vessels of the other country against all attacks that might occur while they were in company. Besides this right of convoy, each country had the right to use the ports of the other, either for ships of war or for privateers and their prizes, "nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of those places search the same, or make any examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart." All vessels of either country had the right to take refuge in the ports of the other, whether from stress of weather or pursuit of enemies, "and they shall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance." It was expressly provided that such hospitality should not be extended to vessels of an enemy of either country. The accompanying instrument, ent.i.tled a treaty of alliance, was a mutual guarantee of territorial possessions, "forever against all other powers." These broad rights and privileges were supplemented by the convention of 1788 on consular functions, which facilitated the organization of a consular jurisdiction competent to deal with cases arising from the treaties. There was still due to France on loans contracted during the Revolution a remainder of about $2,300,000 payable by instalments, subject to the proviso that "Congress and the United States" had "the liberty of freeing themselves by antic.i.p.ated payments should the state of their finances admit." It was planned to get the United States to reciprocate the past favors of France by favoring her now, if not by direct payments of money, at least by acceptances which Genet could use in purchasing supplies. The fact that whatever in the way of money or accommodations was obtained in the United States would be used in business in that country was counted upon to facilitate the transaction.

These facts form the background against which Genet's activities should be viewed. He came with deliberate intent to rush the situation, and armed with all needful powers for that purpose, so far as the French government could confer them. According to a dispatch from Morris to the State Department, Genet "took with him three hundred blank commissions which he is to distribute to such as will fit out cruisers in our ports to prey on the British commerce."

At Charleston, Genet received an enthusiastic reception. The Revolutionary commander, General Moultrie, who was then governor of South Carolina, entered so cordially into Genet's plans that in his first dispatch home, Genet was able to say to his government that Moultrie had permitted him to arm privateers and had a.s.sisted the various branches of his mission in every possible way. Such was Genet's energy that within five days after his arrival he had opened a recruiting station at which American seamen were taken into the French service; he had commissioned American vessels as French privateers; and he had turned the French consul's office into an admiralty court for which business was provided by the prizes that were being brought in.

After seeing under way all matters that he could attend to in Charleston, Genet moved on to Philadelphia, and received on his way thither such greetings as to give to his journey the character of a triumphal progress. Meanwhile, L'Ambuscade, the French frigate which had brought Genet to Charleston, was proceeding to Philadelphia, taking prizes on her way and sending them to American ports. In Delaware Bay she captured the Grange, an English merchantman lying there at anchor, and took this vessel with her to Philadelphia as a prize. As Genet neared Philadelphia on May 16, L'Ambuscade gave notice by firing three guns, at which signal a procession was formed to meet Genet at Gray's Ferry and escort him to his lodgings. He found awaiting him a letter from George Rogers Clark, which gave an account of his plans for the invasion of Louisiana and the capture of New Orleans, and which announced his readiness to start if he were a.s.sisted by some frigates and provided with three thousand pounds sterling to meet expenses. Genet received reports from other agents or friendly correspondents in the Spanish territory, and so active was he in forwarding the objects of his mission that on June 19 he was able to write to his government, "I am provisioning the West Indies, I excite the Canadians to break the British yoke, I arm the Kentukois and prepare a naval expedition which will facilitate their descent on New Orleans."

These claims were well founded. Genet did, in fact, make an effective start, and had he been able to command funds he might have opened a great chapter of history. George Rogers Clark was the ablest and most successful commander that the frontier had yet produced, and such was the weakness of the Spanish defenses that had his expedition been actually launched as planned, the conquest of Louisiana might indeed have been accomplished. It was not any defect in Genet's arrangements that frustrated his plans, but his inability to raise money and the uncertainty of his position as the agent of a government which was undergoing rapid revolutionary change.

News that the French Republic had declared war against Great Britain reached the United States early in April, 1793. Washington, who was then at Mount Vernon, wrote to Jefferson that "it behooves the Government of this country to use every means in its power to prevent the citizens thereof from embroiling us with either of those Powers, by endeavoring to maintain a strict neutrality," and he requested that the Secretary should "give the subject mature consideration, that such measures as shall be deemed most likely to effect this desirable purpose may be adopted without delay." On arriving at Philadelphia a few days later, Washington was met by a distracted Cabinet. The great difficulty was the conflict of obligations. The United States had a treaty of alliance with France; it had a treaty of peace with Great Britain. The situation had become such that it could not sustain both relations at the same time. If the United States remained neutral, it would have to deny to France privileges conferred by the treaty which had been negotiated when both countries were at war with Great Britain. How far was that treaty now binding? It had been made with "the Most Christian king," whose head had been cut off. Did not his engagements fall with his head? That was the very position taken by the government of the French Republic, which had a.s.serted the right to decide what treaties of the old monarchy should be retained and what rejected. As an incident of the present case, the question was to be decided whether the amba.s.sador of the French Republic should be received.

Such were the issues that Washington's Administration had to face, at a time when the whole country was thrilling with enthusiasm in behalf of the French Republic. Chief Justice Marshall left on record his opinion that this feeling "was almost universal," and that "a great majority of the American people deemed it criminal to remain unconcerned spectators of a conflict between their ancient enemy and republican France."

Washington acted with his customary deliberation. On April 18, 1793, he submitted to the members of his Cabinet thirteen questions. Jefferson, who held that the French treaty was still operative, noted that the questions reached him in Washington's own handwriting, "yet it was palpable from the style, their ingenious tissue and suite, that they were not the President's, that they were raised upon a prepared chain of argument, in short, that the language was Hamilton's and the doubts his alone." In Jefferson's opinion they were designed to lead "to a declaration of the Executive that our treaty with France is void." Jefferson was right as to Hamilton's authorship. At a time when Jefferson had no advice to give save that it would be well to consider whether Congress ought not to be summoned, Hamilton had ready a set of interrogatories which subjected the whole situation to close a.n.a.lysis. The critical questions were these:

"Shall a proclamation issue for the purpose of preventing interferences of the citizens of the United States in the war between France and Great Britain, &c.? Shall it contain a declaration of neutrality or not? What shall it contain?

"Are the United States obliged, by good faith, to consider the treaties heretofore made with France as applying to the present situation of the parties? May they either renounce them, or hold them suspended till the government of France shall be established?"

To the interrogatories framed by Hamilton, Washington added one which presented the point raised by Jefferson-"Is it necessary or advisable to call together the two Houses of Congress, with a view to the present posture of European affairs? If it is, what shall be the particular object of such a call?"

The Cabinet met on April 19. On the question of a proclamation of neutrality Jefferson argued that such a proclamation would be equivalent to a declaration that the United States would not take part in the war, and that this matter did not lie within the power of the Executive, since it was the province of Congress to declare war. Congress ought therefore to be called to consider the question. Hamilton, who held that it was both the right and the duty of the President to proclaim neutrality, was strongly opposed to summoning Congress. In a brief record of the proceedings he remarked that "whether this advice proceeded from a secret wish to involve us in a war, or from a const.i.tutional timidity, certain it is such a step would have been fatal to the peace and tranquillity of America." The matter was finally compromised by an unanimous agreement that a proclamation should be issued "forbidding our citizens taking any part in any hostilities on the seas with or against any of the belligerent powers; and warning them against carrying to any such powers any of those articles deemed contraband, according to the modern usage of nations; and enjoining them from all acts and proceedings inconsistent with the duties of a friendly nation toward those at war." Jefferson's scruples having been appeased by avoiding the use of the term "neutrality," it was now unanimously decided that Congress should not be called. It was further decided that the French Minister should be received. Jefferson and Randolph, however, were of opinion that he should be received without conditions, while Hamilton, supported by Knox, held that the Minister ought to be apprised of the intention to reserve the question whether the treaties were still operative, "lest silence on that point should occasion misconstruction." The even division of the Cabinet on this point was in practical effect a victory for Jefferson. The Cabinet was unable to reach any decision in the matter of treaty obligations. Jefferson held that they were still operative; Hamilton, that they were "temporarily and provisionally suspended." Knox sided with Hamilton, and Randolph, although he at first sided with Jefferson, was so shaken in his opinion by Hamilton's argument that he asked further time for consideration. Eventually written opinions were submitted by Hamilton, Jefferson, and Randolph, confirming the views they had previously expressed, and, as Knox concurred with Hamilton, the Cabinet was still evenly divided on that fundamental question.

The proclamation, on the lines upon which all had agreed, was draughted by Randolph who showed it to Jefferson in order to a.s.sure him that "there was no such word as neutrality in it." Jefferson, whose own account this is, did not mention that he raised any objection to the wording of the proclamation at the time, though a few months later he referred to it in his private correspondence as a piece of "pusillanimity," because it omitted any expression of the affection of America for France. The proclamation was issued on April 22, two weeks after the arrival of Genet at Charleston. The procedure that had been adopted at Jefferson's instance avoided none of the difficulties that a declaration of neutrality would have encountered but rather increased them by putting the Government in a false position. The mere omission of the term did not prevent it from being known as a neutrality proclamation. It was at once so designated and has always been so considered. Jefferson himself, in advising the American foreign representatives of the policy of the Government, said that it would be "a fair neutrality"; and, in writing to Madison a few days after the proclamation had been issued, he remarked, "I fear a fair neutrality will prove a disagreeable pill to our friends, though necessary to keep us out of the calamities of war."

By its terms, however, the proclamation was simply an admonition to American citizens to keep out of the war, with notice that, if they got into trouble by engaging in contraband trade, they would not receive the protection of the United States, and would be liable to prosecution for the commission of acts of a nature to "violate the law of nations." It is manifest that the question whether or not the French treaty was still in operation was of great practical importance. If it was still in force, the treaty formed part of the law of the land, and American citizens might plead immunity for acts done in pursuance of its provisions. Hamilton was for suspending the treaty since a situation had arisen which made its provisions inconsistent with a policy of neutrality. His main contention was that the obligations imposed by the treaty of '78 were no longer binding on the United States, since they contemplated only defensive war. By her declaration of war France had taken the offensive, thereby relieving the United States of her reciprocal obligations. Jefferson held that the treaty was still operative, for even if its provisions apparently required the United States to engage in the war, it did not follow that such action would be an actual consequence. The possibility was "not yet certain enough to authorize us in sound morality to declare, at this moment, the treaties null."

Meanwhile Genet was left in a position in which he had a perfect right to claim all privileges conferred on France by the treaty. The result was a curious chapter of diplomatic correspondence. Genet took an att.i.tude of indignant remonstrance at the duplicity of the American position. Did not the United States have a treaty with France? By what authority then did the Administration interfere with him in the enjoyment of his rights as the representative of France, and interfere with American citizens in their dealings with him? He shrewdly refrained from any attempt to defend the capture of the Grange by L'Ambuscade in Delaware Bay. "The learned conclusions of the Attorney-General of the United States, and the declarations of the American Government, have been on this subject the rule of my conduct. I have caused the prize to be given up." But he stood firm on rights secured by the treaty. "As long as the States, a.s.sembled in Congress, shall not have determined that this solemn engagement should not be performed, no one has the right to shackle our operations, and to annul their effect, by hindering those of our marines who may be in the American ports, to take advantage of the commissions which the French Government has charged me to give to them, authorizing them to defend themselves, and fulfill, if they find an opportunity, all the duties of citizens against the enemies of the State."

This was using an argument borrowed from Jefferson's abundant stock of const.i.tutional limitations. Genet was, of course, advised of the dissensions in the Cabinet. He was on such confidential terms with Jefferson that he talked freely about the projected raid on Louisiana. Jefferson noted in his diary that "he communicated these things to me, not as Secretary of State, but as Mr. Jefferson." Jefferson told Genet that he "did not care what insurrections should be excited in Louisiana," but that "enticing officers and soldiers from Kentucky to go against Spain was really putting a halter about their necks, for that they would a.s.suredly be hung if they commenced hostilities against a nation at peace with the United States." So great is the force of legal pedantry that Jefferson was unable to agree that the President should proclaim neutrality in clear and positive terms; but that same pedantry was effectively employed in covering the legal flaws of Jefferson's position in his notes to Genet. He attenuated the treaty obligations by strict construction and also by reservations founded on the general principles of international law. "By our treaties with several of the belligerent Powers," he told Genet, "we have established a style of peace with them. But without appealing to treaties, we are at peace with them all by the law of nature: for, by nature's law, man is at peace with man." Hence the propriety of forbidding acts within American jurisdiction that would cause disturbance of this peace, a point on which he quoted copiously from Vattel. Genet manifested some irritation at being referred to treatises on international law when he was resting his case on a treaty the validity of which Jefferson acknowledged. "Let us not lower ourselves," he wrote, "to the level of ancient politics by diplomatic subtleties. Let us be frank in our overtures, in our declarations, as our two nations are in their affections, and, by this plain and sincere conduct, arrive at the object by the shortest way."

Logically Jefferson's position was that of maintaining the validity of the treaty while opposing the fulfillment of its obligations. At the same time he had to carry on a correspondence with Hammond, the British Minister, who was making complaints of the use of American ports for French depredations on British commerce, and to him Jefferson pleaded entire willingness to discharge in good faith the obligations of a neutral Power. It may seem as if Jefferson was attempting the impossible feat of trying to ride at one time two horses going in opposite directions, but such was his dexterity that in appearance he was largely successful. Meanwhile he contrived to throw on Hamilton and his adherents the blame for the feebleness and inconsistency of national policy. In letters to his Congressional lieutenants, Monroe in the Senate and Madison in the House, he lamented "the anglophobia, secret antigallomany" that have "decided the complexion of our dispositions." He spoke scornfully of Randolph, whom he regarded as so irresolute that the votes in the Cabinet were "generally two and a half against one and a half," by which he meant that Hamilton and Knox stood together against Jefferson, while Randolph divided his influence between the two actions.

So inflamed was the state of public opinion that a rising against the Government seemed possible. In a letter written twenty years later, John Adams described "the terrorism excited by Genet, in 1793, when ten thousand people in the streets of Philadelphia, day after day, threatened to drag Washington out of his house, and effect a revolution in the Government, or compel it to declare war in favor of the French Revolution and against England." Adams related that he "judged it prudent and necessary to order chests of arms from the War Office" to be brought into his house to defend it from attack, and he had it from "the coolest and firmest minds" that nothing but the outbreak of yellow fever in Philadelphia that summer "could have saved the United States from a fatal revolution of government." On the other hand, letters written by Hamilton during the time of all this excitement show that he thought little of it, although he more than anyone else was its target. In May, 1793, he wrote that the number of persons who went to meet Genet "would be stated high at a hundred," and he did not believe that a tenth part of the city partic.i.p.ated in the meetings and addresses of Genet's sympathizers. "A crowd will always draw a crowd, whatever be the purpose. Curiosity will supply the place, of attachment to, or interest in, the object." Washington's own letters at this period show no trace of concern about his personal safety though he smarted under the attacks on his motives. An entry of August 2, 1793, in Jefferson's private diary, forming the volume since known as "The Anas," relates that at a cabinet meeting Knox exhibited a print ent.i.tled the funeral of George W--n, in which the President was placed on a guillotine. "The President was much inflamed; got into one of those pa.s.sions when he cannot command himself; ran much on the personal abuse which had been bestowed upon him; defied any man on earth to produce one single act of his since he had been in the Government which was not done from the purest motives; that he had never repented but once the having slipped the moment of resigning his office, and that was every moment since; that by G.o.d he had rather be in his grave than in his present situation; that he had rather be on his farm than to be made emperor of the world; and that they were charging him with wanting to be king; that that rascal Freneau sent him three of his papers every day, as if he thought he would become the distributor of his papers; that he could see in this nothing but an impudent design to insult him."

Freneau was one of Jefferson's subordinates in the State Department, combining with his duties there the editorship of a newspaper engaged in spreading the calumny that the Administration was leaning toward monarchy through the influence of Hamilton and his friends, who despised republicanism, hated France, and loved England. This journalistic campaign went on under the protection of Jefferson to the disturbance of an administration of which Jefferson himself formed a part. This circ.u.mstance has given trouble to Jefferson's biographers, and it is now somewhat difficult to make those allowances to which Jefferson is ent.i.tled from the candid historian. Such behavior at the present day would be regarded as treacherous, for it is now a settled doctrine that it is the duty of a member of the President's Cabinet to give unreserved support to his policy, or to resign. But at that period, neither in England nor in the United States, did this view of cabinet solidarity prevail. It was not considered against the rules of the game for a cabinet official to use any opportunities within reach for promoting his aims or to boast such behavior as patriotic zeal. Jefferson, who wanted to resign and stayed on only at Washington's earnest desire, certainly rendered a service to the Administration, which was then so unpopular that Jefferson's connection with it was a political a.s.set of great value.

Hamilton also made use of the services of journalism. When on June 29,1793, publication began of a series of eight articles signed "Pacificus," it was well known that Hamilton was the author. The acute a.n.a.lysis and cogent reasoning of these articles have given them cla.s.sic rank as an exposition of national rights and duties. Upon minds open to reason their effect was marked. Jefferson wrote to Madison, "For G.o.d's sake, my dear Sir, take up your pen, select the most striking heresies, and cut him to pieces in the face of the public." Madison did take up his pen, but he laid it down again without attempting to controvert Hamilton's argument. The five articles which Madison wrote over the signature "Helvidius" do not proceed farther into the subject than a preliminary examination of executive authority, in which he laid down principles of strict construction of the Const.i.tution which have never been adopted in practice and which are now interesting only as specimens of dialectic subtlety.

Although as an electioneering tactician Jefferson had superior ability, neither he nor any of his a.s.sociates was a match for Hamilton in debate. As the issues were discussed, the Jeffersonians lost ground, and for this they put the blame on Genet. By July 7, Jefferson was writing to Madison that Genet "renders my position immensely difficult," and thereafter in the correspondence of Jefferson, Madison, and Monroe, Genet figures as a rash man whose indiscretions embarra.s.sed his friends and impeded his own objects. This view has to a large extent pa.s.sed over into history, but when it is considered that Genet did not come to America for Jefferson's comfort but to accomplish certain things for his own government, it must be owned that he had considerable success. Although his means were small, he managed to engage in the French service an active American fleet including such vessels as Le Ca.s.sius, L'Ami de le Point a Petre, L'Amour de la Liberte, La Vengeance, La Montagne, Le Vainqueur de la Bastille, La Carmagnole, L'Esperance, Le Citoyen Genet, Sans Pareil, and Le Pet.i.t Democrate. The last-mentioned vessel was originally an English merchantman, the brig Little Sarah, brought into Philadelphia harbor as a French prize. When it was learned that this vessel had been armed and equipped for service as a French man-of-war, Governor Mifflin of Pennsylvania gave orders that the vessel should be detained. Genet threatened forcible resistance, and a clash might have occurred, had Jefferson not intervened. He went to Genet's house on Sunday to persuade him not to move the vessel until the President could decide the case. Genet refused to give any promise, but remarked that the vessel would probably not be ready to depart for several days. Jefferson thereupon exerted himself successfully to prevent the taking of any steps to detain the vessel.

Washington, hara.s.sed and confused by the dissensions of his Cabinet, now desired that the advice of the justices of the Supreme Court be taken. Hamilton was opposed to a proceeding which involved prejudgment by the Court on questions which might come before it in due course of law, and which seemed to him also to be an avoidance of the proper responsibility of the executive. Nevertheless he took part in preparing the case, and of the twenty-nine questions submitted to the Supreme Court, Hamilton framed twenty-one, Jefferson seven, and Washington himself the last. Jefferson notified Genet of this consultation as an additional reason for patience, "the object of it being to obtain the best advice possible on the sense of the laws and treaties respecting the several cases. I am persuaded you will think the delay well compensated." Genet did not think so, and Le Pet.i.t Democrate put to sea in defiance of American authority.

The justices declined to answer the questions, and the Administration had to face its responsibilities on its own judgment of its rights and duties. At least one member of the Administration had clear and positive ideas on that subject. Hamilton, who in his "Pacificus" letters had given a masterly exposition of international obligations, now took up the particular issues raised by Genet's claims, which at that time were receiving ardent championship. Freneau's National Gazette held that Genet had really acted "too tamely," had been "too accommodating for the peace of the United States." Hamilton now replied by a series of articles in the Daily Advertiser over the signature "No Jacobin," in which Genet's behavior was reviewed. After five articles had appeared in rapid succession, the series was abruptly terminated because Hamilton was taken down by the yellow fever.

The journalistic war was almost in the nature of a duel between the State and the Treasury Departments. Genet must have been amused. Lack of funds hindered his activities more than anything else. Jefferson had advised Washington that, "if the instalments falling due in this year could be advanced without incurring more danger," it would be well to make the payments, as he "thought it very material to keep alive the friendly sentiments of France." But this was a matter which pertained to Hamilton's own department, and in that field his advice controlled Washington. Genet could do nothing in this direction, and before the affair of Le Pet.i.t Democrate he had ceased to expect financial aid.

Jefferson was now so angry and indignant that he no longer opposed the suggestions that had been made in cabinet meetings that Genet should be dismissed, and the note on that subject which he drafted for transmission to the French Government is an able doc.u.ment. The French Government, with ample reason, conditioned the recall of Genet upon the recall of Morris, who was succeeded by James Monroe. Meanwhile Genet's situation had become perilous through revolution at home. On October 16, 1793, his Government issued an order for his arrest. The United States now became his asylum. He acquired citizenship, married a daughter of Governor Clinton of New York, and settled down to a useful and respected career as a country gentleman devoted to the improvement of agriculture. He died at his home, Schodak, New York, in 1834, after having founded an American family.

At the time when Genet, favored by the exasperated state of Western sentiment over the navigation of the lower Mississippi, was promoting an attack upon the Spanish posts, the Administration had already been engaged for a long time in efforts to secure "full enjoyment of that navigation," as well as a settlement of the southwestern boundary. In December, 1791, Washington nominated William Carmichael, charge d'affaires in Spain, and William Short, then charge d'affaires in France, commissioners to make a treaty. Their efforts proved unsuccessful, and in 1794 the Spanish commissioner in the United States gave notice that they were not acceptable personally, and that it "was hoped that some other person would be appointed, with full powers, to settle this treaty, and graced with such a character as became the royalty to which he was accredited." Washington then nominated Thomas Pinckney, at that time minister in London, as minister plenipotentiary in Spain. When Pinckney arrived on the scene he was met with the dilatory methods then characteristic of Spanish diplomacy, and finally he had to bring matters to an issue by demanding his pa.s.sports. His determination so impressed the Spanish Government that it finally consented to a treaty, October 27, 1795, which fixed the southern boundary of the United States and opened the Mississippi River to navigation. The boundary line was to run east along the thirty-first parallel of lat.i.tude from the Mississippi to the Appalachicola, thence along the latter river to its junction with the Flint, thence to the headwaters of the St. Mary's, and along its course to the Atlantic Ocean. The free navigation of the Mississippi was coupled with the privilege of depositing merchandise at New Orleans "without paying any other duty than a fair price for the hire of the stores." This privilege was to be continued after three years, or "an equivalent establishment" on the banks of the Mississippi was to be a.s.signed to citizens of the United States-a provision which was not free from ambiguities and which furnished fresh material for controversy a few years later.

CHAPTER VII

A SETTLEMENT WITH ENGLAND

According to Jefferson, the President originally took the same view of the French treaty that he did. Jefferson relates that on April 18, 1793, Washington spoke of having "never had a doubt of the validity of the French treaty," and he notes that in the cabinet disputes Washington was inclined to his views. As the embarra.s.sments of the Administration thickened, the President, it is true, leaned more and more toward Hamilton, but this inclination was due more to necessity than to personal partiality. The explanation stands out in Jefferson's own account of events. Hamilton was clear, positive, and decided as to what to do and how to do it. Jefferson was active in finding objections but not in finding ways and means of action. This contrast became sharper as time went on, and, as Washington was in a position where he had to do something, he was forced to rely on Hamilton more and more. Jefferson held that it would be inexpedient for the general government to a.s.sume the duty of fortifying the harbors, and that there was no const.i.tutional authority for establishing a military academy. On November 28, 1793, there was a prolonged wrangle over these issues at a cabinet meeting, which the President ended by saying that he would recommend the military academy to Congress, and "let them decide for themselves whether the Const.i.tution authorized it or not." This was the last of the quarrelsome cabinet sessions recorded by Jefferson. He vacated the office of Secretary of State, December 31, 1793, and thereafter the ascendancy of Hamilton in the Cabinet was indisputed.

An immediate effect of the change was to give new vigor to efforts at reaching a settlement with Great Britain. The old troubles over her retention of the western posts still continued, and in addition to them came new difficulties arising from war measures. On January 30, 1793, Thomas Pinckney, then American minister to Great Britain, wrote that war was about to begin, "and although our claim to a free intercourse is founded in reason and our national right, yet, as we have no armed neutrality the members whereof this people have to fear, they may stop our vessels bound to French ports with provisions." What was feared soon happened. By the French decree of 1793, the French colonies were opened to American trade and West Indian commerce flourished. This was now afflicted by contraband regulations laid down by Great Britain, under which many American vessels were seized for carrying cargoes to or from French ports. Although Genet's activities and the extent to which they were indulged by the United States did not tend to promote friendly relations with Great Britain, yet it does not appear that the British policy was inspired by resentment. The regulations as defined by instructions issued on June 8, 1793, made liable to detention all vessels carrying "corn, flour, or meal" to French ports, with the proviso that the cargoes might be purchased on behalf of the British government and the ships might then be released with a due allowance for freight, or they might be allowed to dispose of their cargoes in the ports of any country in amity with Great Britain. Vessels attempting to enter a blockaded port were liable to seizure and condemnation, save that the ships of Denmark and Sweden might be seized only if they should persist in trying to enter after once having been turned back.

Conciliatory explanations were made by Hammond, the British minister, in notifying our State Department. He pointed out that only corn and flour were contraband, that the regulations did not extend to other provisions, and that they secured "to the proprietors, supposing them neutral, a full indemnification for any loss they may possibly sustain." The special privilege extended to Denmark and Sweden was attributed to treaty requirements and therefore could not be regarded as invidious. In reply Jefferson at home and Pinckney abroad argued in behalf of the United States for the principle that free ships make free goods, but Great Britain would not hearken to a doctrine that struck at the efficacy of her sea power.

Washington besought Congress to support the efforts of the Administration by making, for the defense of American interests, such provision as would inspire respect. In his address of December 3, 1793, he observed: "There is a rank due to the United States among nations which will be withheld, if not absolutely lost, by the reputation of weakness. If we desire to avoid insult, we must be able to repel it; if we desire to secure peace, one of the most powerful instruments of our rising prosperity, it must be known that we are at all times ready for war." The answer of Congress was the grudging consent to some naval preparations already recounted.

After the pa.s.sage of the navy bill Sedgwick of Ma.s.sachusetts endeavored to interest the House in the general subject of military preparation. On March 12, 1794, he introduced resolutions for raising fifteen additional regiments for two years, the term to be extended for three years in case of the outbreak of war. In advocating this measure he spoke of the sorry experience of the country in depending upon militia. Their "want of discipline occasions them to commit a great waste on the property of their fellow citizens, besides a waste of public property." As long as we depend upon militia, "European nations will not consider us as able to retaliate and a.s.sert our rights." Nothing came of this sensible proposal, but Sedgwick made an auxiliary suggestion which Congress did adopt. He urged that the sailing of vessels from the ports of the United States be prohibited. An embargo would hold over foreign nations the threat that, unless they behaved themselves, their supplies from the United States might be cut off. Such embargo was voted for a month from March 26, 1794, which was subsequently extended for another month, and the President was authorized to lay, regulate, and revoke embargoes during the recess of Congress. Congress regarded the embargo policy as a cheap way out of a difficult situation, but this method was really not only far more costly to the nation than would have been the straightforward course of arming for defense, but at the same time accomplished nothing. Dayton of New Jersey proposed to supplement the embargo by the sequestration of all debts due from citizens of the United States to British subjects. Clark of New Jersey outdid his colleague by proposing to prohibit all commercial intercourse between the United States and Great Britain until such time as that country should surrender the western posts and should make rest.i.tution for all losses sustained by American citizens.

Violent speeches were made on these proposals at the very time when the House was refusing to support either an army or a navy. Sedgwick introduced some good sense into a debate that was alternating between blatant vaporing and legal pedantry, by pointing out that, under the Const.i.tution, the President of the United States ought to be allowed to have some say about the matter. It was the function of the President to treat with foreign powers, and yet the House was now considering action which was in effect "prescribing the terms of treaty, and restraining the const.i.tutional power from treating on any other terms." This argument was used effectively by a number of speakers. It turned the main position taken by the advocates of non-intercourse, which was that the real objection came from the bondholders who feared that the ensuing loss of revenue might prevent them from getting their interest. Such imputations of sordid motive became fruitless when the issue was raised of the const.i.tutional authority of the President, but the advocates of non-intercourse met this new point of view by pointing out that the Const.i.tution gave Congress the right to regulate commerce. The feeling against Great Britain was so great that the House was bent on indulging it, and on April 25, 1794, the non-intercourse bill was pa.s.sed by a vote of 58 to 34. The Senate was so evenly divided that, on the motion to pa.s.s the bill to its third reading, there was a tie vote, and Vice-President Adams, who was called upon for a casting vote, gave it against the bill. About a month later in the House another attempt was made to carry the policy of non-intercourse by a joint resolution, but by this time a reaction in favor of the Administration had set in and the resolution received only 24 yeas to 46 nays, James Madison being among those who stuck to the proposal to the last.

While the House was abandoning itself to reckless mischief-making, Washington was striving to arrange matters by negotiation. The perplexities of his situation were great and varied. As a military man he knew that American jurisdiction was precarious so long as Great Britain held the interior. The matter had been the subject of prolix correspondence between Jefferson and Hammond, but the American demands that Great Britain should surrender the frontier posts in accordance with the treaty of peace had been met by demands that America, in accordance with that same treaty, should first satisfy various claims of British subjects for rest.i.tution, indemnity, and relief. The regular diplomatic machinery stuck fast at this point, both at home and abroad. In one of his gossipy, confidential letters Fisher Ames remarked that Hammond was a most "petulant, impudent" man, habitually railing against the conduct of our government "with a gabble that his feelings render doubly unintelligible." But Pinckney, our representative in England, was equally undiplomatic. He was "sour and also Gallican"; although calm in manner, "he had prejudices, and unless a man has a mind above them, he can do little service there."

Washington decided that it would be wise to send a special envoy to deal with all the points at issue. He thought first of Hamilton, but was warned that the Senate would not ratify such an appointment. Hamilton recommended John Jay as "the only man in whose qualifications for success there would be thorough confidence." Jay was then chief-justice, but the crisis was so dangerous as to justify Washington in calling him even from that important post. He had matchless qualifications for the mission. He had been minister to Spain, 1778-1782; he had been one of the commissioners who had negotiated the treaty of peace of 1783; he had been Secretary of Foreign Affairs, 1784-1789; so that he had had an experience which familiarized him with every detail of the questions at issue. As a negotiator he had always gained marked success by acting upon his own principle that "a little good-natured wisdom often does more in politics than much slippery craft." Jay showed fine patriotism in accepting the appointment. He remarked to his friends that no man could frame a treaty with Great Britain without making himself unpopular and odious and he accepted the mission under "a conviction that to refuse it would be to desert my duty for the sake of my ease and domestic concerns and comforts."

Jay was nominated as envoy extraordinary on April 16, 1794, and, after three days of violent debate, the appointment was confirmed by the Senate. The event did not moderate the rage of the House for immediate action. Some members urged that it was indelicate for the House to be pa.s.sing reprisals at a time when the Executive was attempting friendly negotiations; but the reply was made that, if there was any indelicacy, it was on the part of the Executive, inasmuch as the House proceedings had been already begun when the President decided to nominate an envoy extraordinary. While Congress was fuming and wrangling, Jay was proceeding with his difficult task. He sailed on May 12, and on June 8 landed in England where he was hospitably received. Despite these personal attentions, the differences to be adjusted were so numerous and complicated that on the surface the situation looked almost hopeless. Conditions, however, were really more favorable than they appeared to be. A change, latent but influential, had taken place in the mental att.i.tude of the governing cla.s.s in England. There had been a notion that American independence would not last long and that the country would eventually be restored to the British Crown. The drift of events was rather in that direction until Hamilton's measures gave the ascendancy to the forces making for American national development. The practical statesmanship of Great Britain perhaps saw more clearly the significance of what was taking place than did that of America itself, and it was prepared to reckon with this new condition. Moreover, the European commotion resulting from the French Revolution had brought to the front a new set of interests and anxieties, for the free handling of which a settlement of differences with the United States might be advantageous. The effect of such considerations was at least to render the situation more manageable than might have been expected, and Jay improved his opportunities with admirable tact.