Life and Times of Washington Part 56

"Without a predilection for my own judgment, I have weighed with attention every argument which has at any time been brought into view.

But the const.i.tution is the guide which I can never abandon. It has a.s.signed to the President the power of making treaties, with the advice and consent of the Senate. It was doubtless supposed that these two branches of government would combine, without pa.s.sion and with the best means of information, those facts and principles upon which the success of our foreign relations will always depend; that they ought not to subst.i.tute for their own conviction the opinions of others, or to seek truth through any channel but that of a temperate and well-informed investigation." "Under this persuasion, I have resolved on the manner of executing the duty before me. To the high responsibility attached to it, I freely submit; and you, gentlemen, are at liberty to make these sentiments known, as the ground of my procedure. While I feel the most lively grat.i.tude for the many instances of approbation from my country, I can no otherwise deserve it than by obeying the dictates of my conscience."

"With due respect, I am, gentlemen, your obedient

"George Washington."

In nearly the same terms Washington replied to other committees and public bodies who thought proper to remonstrate against his exercising the const.i.tutional right of signing the treaty.

In the afternoon of the 11th of August (1795), Washington arrived in Philadelphia, and, on the next day, the question respecting the immediate ratification of the treaty was brought before the Cabinet.

Randolph, Secretary of State, maintained, singly, the opinion that, during the existence of the provision order, and during the war between Britain and France, this step ought not to be taken. This opinion, however, did not prevail. The resolution was adopted to ratify the treaty immediately and to accompany the ratification with a strong memorial against the provision order, which should convey, in explicit terms, the sense of the American government on that subject. By this course the views of the executive were happily accomplished. The order was revoked and the ratifications of the treaty were exchanged.

Washington was most probably determined to adopt this course by the extreme intemperance with which the treaty was opposed and the rapid progress which this violence was apparently making. It was obvious that, unless this temper could be checked, it would soon become so extensive and would arrive at such a point of fury as to threaten dangerous consequences. It was obviously necessary either to attempt a diminution of its action, by rendering its exertions hopeless and by giving to the treaty the weight of his character and influence, or to determine ultimately to yield to it. A species of necessity, therefore, seems to have been created for abandoning the idea, if it was ever taken up, of making the ratification of the treaty dependent on the revocation of the provision order. The soundness of the policy which urged this decisive measure was proved by the event. The confidence which was felt in the judgment and virtue of Washington induced many who, swept away by the popular current, had yielded to the common prejudices, to re-examine and discard opinions which had been too hastily embraced; and many were called forth by a desire to support the administration in measures actually adopted, to take a more active part in the general contest than they would otherwise have pursued. The consequence was that more moderate opinions respecting the treaty began to prevail.

In a letter from Mount Vernon of the 20th of September (1795), addressed to General Knox, who had communicated to him the change of opinion which was appearing in the eastern States, Washington expressed in warm terms the pleasure derived from that circ.u.mstance, and added:

"Next to a conscientious discharge of my public duties, to carry along with me the approbation of my const.i.tuents would be the highest gratification of which my mind is susceptible. But the latter being secondary, I cannot make the former yield to it, unless some criterion more infallible than partial (if they are not party) meetings can be discovered as the touchstone of public sentiment. If any person on earth could, or the great Power above would, erect the standard of infallibility in political opinions, no being that inhabits this terrestrial globe would resort to it with more eagerness than myself, so long as I remain a servant of the public. But as I have hitherto found no better guide than upright intentions and close investigations, I shall adhere to them while I keep watch, leaving it to those who will come after me to explore new ways, if they like, or think them better."

If the ratification of the treaty increased the number of its open advocates, it seemed also to give increased acrimony to the opposition.

Such hold had Washington taken of the affections of the people that even his enemies had deemed it generally necessary to preserve, with regard to him, external marks of decency and respect. Previous to the mission of Mr. Jay, charges against Washington, though frequently insinuated, had seldom been directly made; and the cover under which the attacks upon his character were conducted evidenced the caution with which it was deemed necessary to proceed. That mission visibly affected the decorum which had been usually observed toward him, and the ratification of the treaty brought sensations into open view which had long been ill concealed. His military and political character was attacked with equal violence, and it was averred that he was totally dest.i.tute of merit, either as a soldier or a statesman. The calumnies with which he was a.s.sailed were not confined to his public conduct; even his qualities as a man were the subjects of detraction. That he had violated the const.i.tution in negotiating a treaty without the previous advice of the Senate, and in embracing within that treaty subjects belonging exclusively to the Legislature, was openly maintained, for which an impeachment was publicly suggested; and that he had drawn from the treasury for his private use more than the salary annexed to his office was a.s.serted without a blush. This last allegation was said to be supported from extracts from the treasury accounts which had been laid before the Legislature, and was maintained with the most persevering effrontery.

Though Wolcott, the Secretary of the Treasury, denied that the appropriations made by the Legislature had ever been exceeded, the atrocious charge was still confidently repeated, and the few who could triumph in any spot which might tarnish the l.u.s.ter of Washington's fame felicitated themselves on the prospect of obtaining a victory over the reputation of a patriot, to whose single influence they ascribed the failure of their political plans. With the real public, the confidence felt in the integrity of Washington remained unshaken, but so imposing was the appearance of the doc.u.ments adduced as to excite an apprehension that the transaction might be placed in a light to show that some indiscretion, in which he had not partic.i.p.ated, had been inadvertently committed.

This state of anxious suspense was of short duration. Hamilton, late Secretary of the Treasury, during whose administration of the finances this peculation was said to have taken place, came forward with a full explanation of the fact. It appeared that Washington himself had never touched any part of the compensation annexed to his office, but that the whole was received and disbursed by the gentleman who superintended the expenses of his household. That it was the practice of the treasury, when a sum had been appropriated for the current year, to pay it to that gentleman occasionally, as the situation of the family might require.

The expenses at some periods of the year exceeded and at others fell short of the allowance for the quarter, so that at some times money was paid in advance on account of the ensuing quarter, and at others, that which was due at the end of the quarter was not completely drawn out.

The secretary entered into an examination of the const.i.tution and laws to show that this practice was justifiable, and ill.u.s.trated his arguments by many examples in which an advance on account of money appropriated to a particular object, before the service was completed, would be absolutely necessary. However this might be, it was a transaction in which Washington, personally, was unconcerned.

When possessed of the entire facts, the public viewed with just indignation this attempt to defame a character which was the nation's pride. Americans felt themselves involved in this atrocious calumny on their most ill.u.s.trious citizen, and its propagators were frowned into silence.

Meantime several changes were taking place in Washington's Cabinet.

Edmund Randolph, the Secretary of State, resigned his office on the 19th of August, 1795, immediately after the ratification of Jay's treaty, which he had opposed. The circ.u.mstances which led to his resignation were by no means creditable to him, but as they brought out in bold relief one of Washington's n.o.blest traits--his perfect openness and candor--we are induced to notice them in detail.

A letter addressed to his government in October, 1794, by Fauchet, the minister of the French republic, was intercepted by the captain of a British frigate and forwarded to Mr. Hammond, by whom it was delivered, about the last of July, to Mr. Wolcott, the Secretary of the Treasury, who, on the arrival of Washington in Philadelphia, placed it in his hands. This letter alluded to communications from Randolph, which, in the opinion of Washington, were excessively improper. The _eclairciss.e.m.e.nts_ which the occasion required were followed by the resignation of the secretary. For the purpose, he alleged, of vindicating his conduct, he demanded a sight of a confidential letter which had been addressed to him by Washington, and which was left in the office. His avowed design was to give this, as well as some others of the same description, to the public, in order to support the allegation that, in consequence of his attachment to France and to liberty, he had fallen a victim to the intrigues of a British and an aristocratic party.

The answer given to this demand was a license which few politicians, in turbulent times, could allow to a man who had possessed the unlimited confidence of the person giving it. "I have directed," said Washington, "that you should have the inspection of my letter of the 22nd of July, agreeable to your request; and you are at full liberty to publish, without reserve, any and every private and confidential letter I ever wrote you; nay, more--every word I ever uttered to or in your presence from whence you can derive any advantage in your vindication."

Notwithstanding that Randolph was under the strongest personal obligations to Washington, he did not hesitate, in his lame attempt to vindicate himself, to resort to violent abuse of his late friend and patron. Washington is said to have lost his temper on reading Randolph's calumnies, [2] as well he might, for it is difficult to conceive of blacker ingrat.i.tude than he suffered on this occasion. Late in life Randolph seems to have been sensible of the enormity of his conduct. On the 2nd of July, 1810, he used the following language in a letter to the Hon. Bushrod Washington: "I do not retain the smallest degree of that feeling which roused me fifteen years ago against some individuals. For the world contains no treasure, deception, or charm which can seduce me from the consolation of being in a state of good will toward all mankind, and I should not be mortified to ask pardon of any man with whom I have been at variance for any injury which I may have done him.

If I could now present myself before your venerated uncle it would be my pride to confess my contrition that I suffered my irritation, let the cause be what it might, to use some of those expressions respecting him which, at this moment of my indifference to the ideas of the world, I wish to recall, as being inconsistent with my subsequent conviction.

My life will, I hope, be sufficiently extended for the recording of my sincere opinion of his virtues and merit, in a style which is not the result of a mind merely debilitated by misfortune, but of that Christian philosophy on which alone I depend for inward tranquility."

Washington offered the vacant post to Patrick Henry, who was prevented by private considerations from undertaking its duties. Rufus King, Gen.

Charles Cotesworth Pinckney, and two or three others were asked to enter the Cabinet as Secretary of State, but they declined. Finally Colonel Pickering, who had temporary charge of the post, was formally appointed in December of the present year. James McHenry succeeded Colonel Pickering as Secretary of War. Mr. Bradford's death, in August, caused a vacancy in the attorney-generalship, which was also filled in December by the appointment of Charles Lee, of Virginia. This office had been previously offered to General Pinckney, Colonel Carrington, of Virginia, and Governor Howard, of Maryland.

In August of this year (1795), General Wayne concluded a treaty of peace, at Greenville, with the chiefs of the Wyandots, Delawares, Chippeways, and other Indian tribes. By this treaty the Indians ceded the post of Detroit and a considerable tract of adjacent land to the United States. A tract of land was ceded on the main, to the north of the island on which the post of Michilimackinac stood, measuring six miles on lakes Huron and Michigan, and extending three miles back from the water of the lake or strait. De Bois Blanc, or White Wood Island, was also ceded--the voluntary gift of the Chippeways.

The foreign affairs of the United States had now begun to a.s.sume a more favorable aspect. A treaty was concluded with Spain on the 27th of October (1795). It was confined princ.i.p.ally to the two great subjects in dispute, and was styled a treaty of friendship, limits, and navigation.

By this the line between the United States and east and west Florida was settled, and the western boundary of the United States, which separated them from the Colony of Louisiana, was fixed in the middle of the channel of the Mississippi river to the thirty-first degree of north lat.i.tude; and it was also agreed that the navigation of that river, from its source to the ocean, should be free only to the subjects and citizens of the two countries.

It was further stipulated that both parties should use all the means in their power to maintain peace and harmony among the Indian nations on their borders, and both parties bound themselves to restrain, even by force, the Indians within their limits from acts of hostilities against the other, and it was also agreed that neither party would thereafter make any treaties with those who did not live within their respective limits. Provision was also made that free ships should make free goods, and that no citizen or subject of either party should take a commission or letters of marque for arming any vessel, to act as a privateer, from their respective enemies, under the penalty of being considered and punished as a pirate.

Thus, after a tedious and unpleasant negotiation of about fifteen years, the boundaries between the countries belonging to the United States and Spain, in America, were settled, and the right of navigating every part of the Mississippi, a right so essential to the interests of our vast western territory, was secured to the United States.

In November (1795) Washington had the gratification to bring to a close the long negotiations with the Dey of Algiers, by which peace was established with those piratical marauders and the release of American captives obtained. This was accomplished through the agency of Colonel Humphreys, Joel Barlow, and Mr. Donaldson, and about 120 prisoners were released from cruel bondage, some of whom had been in this ignominious condition more than ten years.

During the recess of Congress Washington paid a visit to Mount Vernon, which lasted from the middle of September (1795) till near the end of October. During this time his attention was divided between the concerns of his estate and the public affairs of that exciting period.

1. Footnote: Marshall

2. Footnote: See Dr. Griswold's "Republican Court." Also, Sparks "Writings of Washington," vol. XI, pp. 54, 479.

CHAPTER X.

WASHINGTON MAINTAINS THE TREATY-MAKING POWER OF THE EXECUTIVE.

1795-1796.

The first session of the Fourth Congress commenced on the 7th of December, 1795. Although the ratification of the treaties with Spain and Algiers had not been officially announced at the meeting of Congress the state of the negotiations with both powers was sufficiently well understood to enable Washington with confidence to a.s.sure the Legislature, in his speech at the opening of the session, that those negotiations were in a train which promised a happy issue.

After expressing his gratification at the prosperous state of American affairs the various favorable events which have been already enumerated were detailed in a succinct statement, at the close of which he mentioned the British treaty, which, though publicly known, had not before been communicated officially to the House of Representatives.

"This interesting summary of our affairs," continued the speech, "with regard to the powers between whom and the United States controversies have subsisted, and with regard also to our Indian neighbors with whom we have been in a state of enmity or misunderstanding, opens a wide field for consoling and gratifying reflections. If by prudence and moderation on every side, the extinguishment of all the causes of external discord which have heretofore menaced our tranquility, on terms compatible with our national faith and honor, shall be the happy results, how firm and how precious a foundation will have been laid for accelerating, maturing, and establishing the prosperity of our country!"

After presenting an animated picture of the situation of the United States, and recommending several objects to the attention of the Legislature, Washington concluded with observing: "Temperate discussion of the important subjects that may arise in the course of the session, and mutual forbearance where there is a difference in opinion, are too obvious and necessary for the peace, happiness, and welfare of our country to need any recommendation of mine."

In the Senate an address was reported which echoed back the sentiments of the speech.

In this House of Representatives, as in the last, the party in opposition to the administration had obtained a majority. This party was unanimously hostile to the treaty with Great Britain, and it was expected that their answer to the speech of the President would indicate their sentiments on a subject which continued to agitate the whole American people. The answer reported by the committee contained a declaration that the confidence of his fellow-citizens in the chief magistrate remained undiminished.

On a motion to strike out the words importing this sentiment is was averred that the clause a.s.serted an untruth; that it was not true that the confidence of the people in the President was undiminished; that by a recent transaction it had been considerably impaired, and some gentlemen declared that their own confidence in him was lessened.

By the friends of the administration this motion was opposed with great zeal, and the opinion that the confidence of the people in their chief magistrate remained unshaken, was maintained with ardor. But they were outnumbered.

To avoid a direct vote on the proposition it was moved that the address should be recommitted. This motion succeeded and, two members being added to the committee, an answer was reported, in which the clause objected to was so modified as to be free from exception.

That part of the speech which mentioned the treaty with Great Britain was alluded to in terms which, though not directly expressive of disapprobation, were sufficiently indicative of the prevailing sentiment.

Early in the month of January (1796) Washington transmitted to both houses of Congress a message, accompanying certain communications from the French government which were well calculated to cherish those ardent feelings that prevailed in the Legislature.

It was the fortune of Mr. Monroe to reach Paris soon after the death of Robespierre and the fall of the Jacobins. On his reception as the minister of the United States, which was public, and in the convention, he gave free scope to the genuine feelings of his heart, and, at the same time, delivered to the president of that body, with his credentials, two letters addressed by the Secretary of State to the committee of public safety. These letters were answers to one written by the committee of safety to the Congress of the United States.

The executive department being the organ through which all foreign intercourse was to be conducted, each branch of the Legislature had pa.s.sed a resolution directing this letter to be transmitted to the President with a request that he would cause it to be answered in terms expressive of their friendly dispositions toward the French republic.

So fervent were the sentiments expressed on this occasion that the convention decreed that the flag of the American and French republics should be united together and suspended in its own hall in testimony of eternal union and friendship between the two people. To evince the impression made on his mind by this act, and the grateful sense of his const.i.tuents, Mr. Monroe presented to the convention the flag of the United States, which he prayed them to accept as a proof of the sensibility with which his country received every act of friendship from its ally, and of the pleasure with which it cherished every incident which tended to cement and consolidate the union between the two nations.

The committee of safety again addressed Congress in terms adapted to that department of government which superintends its foreign intercourse and expressive, among other sentiments, of the sensibility with which the French nation had perceived those sympathetic emotions with which the American people had viewed the vicissitudes of her fortune. Mr.