VIII. CHAPTER er to be captured in any of its bays, ports, or rivers, or within cannon-shot of its coast. In case of rupture or 1794. war, the citizens or subjects of either nation resident in the territories of the other were to be allowed to remain and to continue their trade, so long as they behaved peaceably. They might, however, be ordered off, in case of suspicion, on twelve months' notice, or without any notice, if detected in violations of the laws. No reprisals were to be ordered by either party till satisfaction had first been demanded. Fugitives from justice, charged with murder or forgery, were to be mutually given up. 1795 While Congress was still sitting, information had been received of the conclusion of a treaty, but the treaty it self did not arrive till several days after the end of the session. In anticipation of that event, a circular had been issued for a special session of the Senate, and that June 8. body came together accordingly. The changes in the Senate since the conclusion of the late session were, on the whole, favorable to the Federalists. In Elijah Paine of Vermont, and Humphrey Marshall of Kentucky, they had gained two additional members, the votes of those two states being now divided. Robert Morris of Pennsylvania had been superseded by William Bingham, an eminent merchant, and Ralph Izard of South Carolina by Jacob Read, but these new members, like their predecessors, were Federalists. Trumbull, the former speaker of the House, took his seat as a senator from Connecticut. In the substitution of Timothy Bloodworth of North Carolina for Benjamin Hawkins, the Federalists might be considered as losing a vote. Virginia was represented by Stevens T. Mason and Henry Tazewell, who had taken their seats during the late session in place of Monroe and Taylor, both of whom had resigned. June 24 After a fortnight's debate in secret session, the Senate, VIII. by a vote of twenty to ten, precisely a constitutional chapter majority, advised the ratification of the treaty, that article excepted which related to the West India trade. 1795. Apart from the very questionable policy of purchasing so limited a concession at so great a sacrifice, there was a particular objection to the terms of that arrangement which made it wholly inadmissible. Among the articles the transportation of which to Europe the Americans. were required to renounce, besides sugar, molasses, coffee, and cocoa, was cotton. Neither Jay nor Grenville seems to have been aware that cotton had lately become an article of export from the Southern States. subject, therefore, it was necessary to reserve for further negotiation, along with the unsettled question of impressments. The senators who voted against this conditional ratification were the four from Virginia and North Carolina, Robinson of Vermont, Langdon of New Hampshire, Burr of New York, Brown of Kentucky, Butler of South Carolina, and Jackson of Georgia. This Though well aware of the deficiencies of the treaty, the president, before submitting it to the Senate, had made up his mind in favor of ratifying. All the members of his cabinet, Randolph excepted, who seemed somewhat doubtful, were very decidedly of the same opinion. But the recommendation of the Senate, that a clause be added suspending the operation of the West India article, raised some nice questions and led to some delay. Would it be necessary to lay that additional article before the Senate? or could the treaty be finally ratified before that article was added to it? A much more serious difficulty grew out of the arrival of news, not official, indeed, but sufficiently authenticated to be entitled to credit, that the British order for the seizure of provision-ships, withdrawn previous to the late negotiation, IV.-M M CHAPTER had, in consequence of a new scarcity in France, been again renewed. The circumstances under which provi VIII. 1795. sions might be regarded as contraband had been one of the points as to which Jay had been unable to come to any agreement with the British negotiators. According to the American view, provisions were contraband only when on their way to a besieged and blockaded city. The British claimed a much more extensive, but not very definite right of seizure, whenever it might operate to distress their enemies. Leaving that point unsettled, the treaty had merely provided that, when seized, they should not be confiscated, but paid for. Randolph dwelt with emphasis on the new British order, in the hope, apparently, of shaking Washington's determination to ratify. Should the treaty be ratified while that order remained in force, it might be regarded as a concession on the part of America of the right of the British to issue it. Randolph was in favor of ratifying only on condition of the repeal of the order. It was suggested by Hamilton, consulted on the occasion at the president's request, to ratify, but to withhold the exchange of the ratifications till the order was repealed. No final decision had been July 15. come to when the president left for Mount Vernon, Randolph being directed to prepare a memorial on the subject of the provision order, to be forwarded to the president for his approval, in season to be transmitted by Hammond, the British minister, who was about returning home. Instructions were also to be prepared for the continuance of the negotiation as to the unsettled topics. The Senate had removed the seal of secrecy from their proceedings, but had forbidden any publication of the treaty itself. Statements, however, as to its contents had begun to appear, accompanied by very malignant comments. In order to prevent hasty conclusions, found. VIII. ed on partial views, and wishing to hear the opinions of CHAPTER the people, Washington had directed the whole treaty to be published. But in this he had been anticipated. On 1795. the same day that this direction was given, a full abstract had appeared in the Aurora, followed, a day or two aft er, by a perfect copy, furnished by Mason of the Senate under his own name. Ever since the arrival of news that a treaty had been formed, there had not been wanting strong symptoms in certain quarters of a disposition to condemn it beforehand and at all events. The violent partisans of France looked with very jealous eyes upon any arrangement whatever with Great Britain. No sooner did the abstract of the treaty make its appearance, than a loud outcry was raised against it, as no better than a pusillanimous surrender of American rights, and a shameful breach of obligations to France. The temper of the populace of Boston had been exhibited a few days before, June 20. in a night attack upon a vessel from Halifax, upon a suggestion by the French consul that she was a British ́privateer. This supposed privateer, which turned out, however, to be an innocent commercial vessel, was plundered of her cargo, towed into the stream, and, with her masts cut away, was set on fire, and left afloat, to the imminent danger of all the shipping in the harbor. This, however, was going rather further than any responsible person was willing to answer for. Even the Boston Chronicle, the organ of the Massachusetts opposition, expressed a doubt whether, under a free government, such riots could ever be fully justified." A day or two after the arrival of the abstract of the treaty at Boston, some of the active leaders of the oppo sition procured a call for a town meeting to take the July 10. subject into consideration. At this meeting the treaty CHAPTER was denounced as not containing one single article honVIII. orable or beneficial to the United States. A vote of dis1795. approval was passed unanimously, and a committee of fifteen was appointed to state objections in an address to the president. This committee reported no less than twenty objections, which were agreed to without debate, and the address to the president was immediately disJuly 13. patched by express, under cover of a letter from the town magistrates. The more moderate and rational part of the inhabitants had made no opposition to these proceedings, except some little demur as to undertaking in town meeting to exercise the functions of the Senate. Ames, in a private letter, very freely expressed his indignation and contempt at "the blindness and gullibility of the rich men, who had suffered themselves to be made tools of on this occasion" by the leaders of the opposition. The election for governor coming on in New York during Jay's absence, he had been supported by the Federalists for that office. Clinton having declined a reelection, Yates, the chief justice of the state, had been adopted as a candidate in his stead. But the majority in favor of Jay was decisive; and having resigned his post of Chief Justice of the United States, he had just entered upon the office of governor. This recent triumph of the Federalists served to aggravate the opposition; and no sooner had news of the Boston town meeting reached New York, than a violent anonymous handJuly 16. bill was circulated, calling upon the citizens to meet, two days after, in front of the City Hall, to join the people of Boston in expressing detestation of the treaty. By way of antidote to this inflammatory appeal, at a private meeting of merchants, an address to the public was agreed to. These merchants declared themselves unable to discover in the treaty those "hideous features" |