GIFT OF 
 
OF THE 
 
 UNIVERSITY 
 
PHOTOGRAVURE Co.!N".~Y". 
 
THE 
 
 LIFE AND TIMES 
 
 JOHN JAY-. ; 
 
 SECRETARY OF FOREIGN AFFAIRS UNDER THE 
 CONFEDERATION 
 
 AND 
 
 First Chief Justice of the United States 
 
 A SKETCH OF PUBLIC EVENTS FROM THE OPENING OF 
 
 THE REVOLUTION TO THE ELECTION 
 
 OF JEFFERSON 
 
 BY 
 
 K 
 
 WILLIAM WHITELOC 
 
 OF THE 
 
 UNIVERSITY 
 
 OF 
 
 JgALIFOft^ 
 
 NEW YORK 
 DODD, MEAD, AND COMPANY 
 
 1887. 
 
.114 
 
 SPRECKELS 
 
 COPYRIGHT, 1887, 
 BY WILLIAM WHITELOCK. 
 
 RAND AVERY COMPANY, 
 
 ELECTROTYPERS AND PRINTERS, 
 
 BOSTON. 
 
THIS SKETCH 
 
 OF ONE OF THE MOST EFFICIENT PROMOTERS AND EARLIEST 
 EXPOUNDERS OF THE CONSTITUTION, 
 
 To M. S. H., 
 
 ON THE ONE HUNDREDTH ANNIVERSARY OF THE 
 PROMULGATION OF THAT INSTRUMENT. 
 
 BALTIMORE, Sept. 17, 1887. 
 
 101541 
 
CONTENTS. 
 
 I. PRELIMINARY ." . . i 
 
 II. YOUTH AND MANHOOD 6 
 
 III. COLONIAL TAXATION 18 
 
 IV. THE DESTRUCTION OF TEA 33 
 
 V. PREPARING FOR A CONGRESS 46 
 
 VI. THE CONGRESS OF 1774 55 
 
 VII. THE CONGRESS OF 1775 $ 
 
 VIII. INDEPENDENCE 82 
 
 IX. NEW-YORK CONVENTION 99 
 
 X. PRESIDENT OF CONGRESS 118 
 
 XL MISSION TO SPAIN 134 V 
 
 XII. THE TREATY OF PEACE, 1783 152 
 
 -XIII. FRENCH INTRIGUES 176 
 
 -XIV. SECRETARY OF FOREIGN AFFAIRS .... 194 
 
 XV. NATIONAL PARTIES 216 
 
 XVI. CHIEF JUSTICE 226 
 
 XVII. CANDIDATE FOR GOVERNOR 241 
 
 XVIII. RELATIONS WITH ENGLAND 248 
 
 XIX. THE TREATY WITH ENGLAND 264 
 
vi CONTENTS. 
 
 CHAPTER PAGE 
 
 XX. THE TREATY IN THE UNITED STATES . . . 277 
 
 XXI. GOVERNOR OF NEW YORK 293 
 
 XXII. THE ELECTION OF JEFFERSON 306 
 
 XXIII. IN RETIREMENT AT BEDFORD 325 
 
 XXIV. CONCLUSION 337 
 
 APPENDICES. 
 
 A. ADDRESS TO THE PEOPLE OF GREAT BRITAIN . . 341 
 
 B. THE CONSTITUTIONAL RIGHT TO SUE A STATE OF 
 
 THE UNION 354 
 
THE LIFE AND TIMES OF JOHN JAY. 
 
 I. 
 
 PRELIMINARY. 
 
 IF the value of a man s services to his country is to 
 be measured by the variety and importance of the 
 public positions he has filled, no statesman of Amer 
 ica is more entitled to its gratitude than John Jay. 
 
 Of the many eminent names which adorn its ear 
 lier annals, it would be difficult to point to one pos 
 sessing stronger claims to respect and admiration for 
 the^ntire harmony of his intellectual and moral en 
 dowments, the high purposes to which these were 
 applied, his freedom from passion, and his discrimi 
 nating and unclouded judgment. 
 
 Though not cast in the heroic mould, nor making 
 a luminous mark upon the page of history, yet, as 
 Ambassador, Secretary of Foreign Affairs, Chief 
 Justice, Governor ; as aiding in the establishment of 
 independence and the adoption of the Constitution, 
 he exercised great and enduring influence and 
 
2 THE LIFE AND TIMES OF JOHN JAY. 
 
 proved himself always equal to the duties that he 
 assumed. To their performance, he brought those 
 virtues which dignify and adorn private station, but 
 are too often strangers to official rank. 
 
 His jDurity of character, ability, inflexible resolu 
 tion, and devotion to principle, won him the life-long 
 friendship of Washington, and the many distin 
 guished men with whom he was thrown ; and it is 
 therefore well to weigh his services, and endeavor to 
 fix his place among those who gave impulse and per 
 manent direction to the nation s political development. 
 
 The prejudice which obscured the fame of the 
 leading Federalists has now in a measure died away, 
 and the time arrived when an unbiassed estimate 
 may be formed upon the conduct of those who for 
 so long a period were denied a hearing at the bar of 
 public opinion. Jay was particularly unfortunate. 
 He never appealed from the slanderous imputations 
 which at one time assailed his reputation ; and as he 
 withdrew into private life, with the overthrow of the 
 Federal regime a few years later, it has been tacitly 
 assumed that these aspersions, disseminated for party 
 ends, had their foundation in truth. Hence a shadow 
 has been permitted to rest upon the name of one 
 "whose worth is much greater than his fame." 
 
 The extensive publication of the correspondence 
 of prominent Federalists made during the past half- 
 century, has cast a flood of light upon their charac- 
 
PRELIMINARY. 
 
 ters, showing them to have been earnest patriots, 
 inspired by no selfish motives, but seeking to promote 
 the welfare arid happiness of the country, by meas 
 ures which met the approval of their best reason and 
 conscience. "The Life and Correspondence" of 
 Jay, by his son, was one of the earliest of these pro 
 ductions." It has now passed out of print, and is 
 known but to few of this generation. As one of 
 the leaders of a great national party, John Jay must 
 always be an imposing figure in the political history 
 of America. The story of his career, if again told, 
 may therefore prove of interest, and even possess 
 the attraction of novelty, to readers of the present 
 day, supplying the young with the needed lesson, 
 that " Corruption wins not more than honesty/ and 
 that ofificial station is not necessarily associated with 
 self-seeking, and should not be pursued for its emolu 
 ments. 
 
 Jay s life may be not unequally divided into three 
 distinct periods, strikingly coincident with his bach 
 elor, wedded, and widowed condition, the first, to 
 the date of his engaging in public affairs ; the second, 
 from that time to the inauguration of Jefferson ; and 
 the last, embracing the twenty-eight years of his 
 retirement. It is with the second that we have 
 chiefly to deal. He entered the service of his 
 country with the opening scenes of the Revolution, 
 and continued in it for twenty-five years. In all that 
 
4 THE LIFE AND TIMES OF JOHN JA Y. 
 
 time he enjoyed the confidence, and participated in 
 the counsels, of the men who shaped its destinies; 
 displaying under all circumstances the qualities of a 
 Christian statesman, loyal to the highest principles 
 of rectitude. 
 
 It may be thought that the following work is of 
 too historical a nature for a biography : but for a full 
 understanding of the causes which led to the inde 
 pendence of the Colonies, and Jay s consequent parti 
 cipation in national affairs, it has proved necessary 
 to go back and trace events prior to the Revolution ; 
 from that date to his retirement, his life was so 
 blended with the country s history as to be incapable 
 of separation : while the narrative may lose none of 
 its interest on this account, it is thereby deprived 
 of much of its epic character. 
 
 His memoirs can be written only from an objective 
 stand-point. They would fail who should undertake 
 to give to the world a view of the inner emotional 
 life of such men as John Jay and George Washing 
 ton. Hence, the elaborate biographies of the latter, 
 written by Marshall and Irving, are mainly a re 
 hearsal of public events. 
 
 Mr. Jay, as a distinguished Federalist, was the 
 object of the most unsparing attacks by the party 
 associates of Jefferson ; and a review of his life is the 
 best refutation of their charges. As it is believed 
 that many of these emanated from the Republican 
 
PRELIMINARY. 
 
 leader, it has been thought necessary that his own 
 motives and conduct at the time should be displayed. 
 This has been done, we would fain hope, without 
 prejudice, and with a proper regard to justice and 
 historical truth. 
 
 In preparing the ensuing sketch, we have freely 
 availed ourselves of the labor of those who have 
 investigated the stirring period that it covers, and 
 have adopted their opinions when they have met 
 the approval of our own judgment. 
 
THE LIFE AND TIMES OF JOHN JA Y. 
 
 II. 
 
 YOUTH AND MANHOOD. 
 
 JOHN JAY, the eighth child of Peter Jay and 
 Mary Van Cortlandt, was born in the city of New 
 York on the I2th of December, 1745. Religious 
 intolerance had originally driven one branch of his 
 family from Bohemia into Holland, while another 
 had fled from the persecutions following the revoca 
 tion of the Edict of Nantes ; and he thus inherited 
 the stern morality of the Huguenots with that love 
 of freedom in all its forms which characterized the 
 sturdy Dutchman. As far as the line of his ancestors 
 can be traced, it is uniformly marked by intelligence, 
 enterprise, and thrift, combined with fervent piety 
 and patient endurance. The knowledge of this rich 
 inheritance unquestionably did much to inspire their 
 descendant to emulate them. 
 
 " How sharp the spur of worthy ancestry 
 When kindred virtues fan the generous mind ! " 
 
 Jay s father was a man of vigorous intellect, sound 
 judgment, and pure morals ; and these admirable 
 qualities were durably impressed upon the ductile 
 
YOUTH AND MANHOOD. 
 
 mind of his son. Embarking early in mercantile 
 pursuits, and having by middle age acquired what 
 was then deemed a competency, he retired to Rye, 
 Westchester County, near New York, while John 
 was yet an infant. Two of his children had been 
 deprived of sight by improper treatment during an 
 attack of small-pox, and this misfortune was probably 
 one cause of the family s removal to the quiet of a 
 rural village. The mother, like other matrons of the 
 time, was devoted to her domestic duties ; but, unlike 
 most of those matrons, she possessed a cultivated 
 mind, and hence was able herself to superintend the 
 early education of each of her numerous children. 
 The eldest son was graduated as a physician, and, 
 proceeding to Europe with the view of perfecting 
 himself in his profession, was there employed on 
 behalf of King s College, and subsequently received 
 the honor of knighthood from his sovereign. Prior 
 to the breaking out of hostilities with the mother 
 country, Sir James Jay returned home, and, with 
 other members of the family, entered the service 
 of the Colonies. Those incapacitated by blindness 
 were protected and supported by John, when at times 
 his own circumstances were straitened by the war ; 
 and a considerable degree of self-denial was required 
 for the performance of this duty. His brother Peter 
 repaid the sacrifice with the deepest devotion, and, 
 notwithstanding his affliction, acquired a liberal edu- 
 
8 THE LIFE AND TIMES OF JOHN JAY. 
 
 cation, and proved himself an influential and useful 
 citizen. Of a gentle and retiring nature, John ap 
 pears to have been much of a favorite with his 
 mother, who instructed him in the rudiments of the 
 English language, as well as in the Latin grammar. 
 His progress in these studies must have been satis 
 factory to both parents, as, before he reached his 
 eighth year, the father could write to a relative, 
 "John takes to learning exceeding well;" and again, 
 a little later, " My Johnny gives me a pleasing pros 
 pect, is endowed with a very good capacity, and is 
 fond of his books." The love, respect, and consid 
 eration that he always bestowed upon his parents 
 testify that their affectionate care during these years 
 was not lost upon him. 
 
 After spending some time, first at an ordinary 
 grammar school, and afterwards with a private tutor, 
 he became, at the age of fourteen, a freshman of 
 King s College, then under the charge of Dr. Samuel 
 Johnson, a ripe scholar and cultured gentleman. 
 The institution was in its infancy ; and its curricu 
 lum was, therefore, not very extensive. It is fair, 
 however, to suppose that the students, in their regu 
 lar course, were thoroughly grounded in every branch 
 of learning pursued within its walls. They were, as 
 yet, few in number ; but among them was Robert R. 
 Livingston, Jay s junior by a year, who was soon to 
 be joined by Gouverneur Morris. 
 
YOUTH AND MANHOOD. 9 
 
 Between Jay and these two a close friendship was 
 established. We may fancy them roaming amid the 
 forests then growing where the City Hall now stands, 
 discussing the terms of peace just proclaimed, the 
 bravery displayed by a young Virginia colonel at 
 Braddock s defeat, or, perhaps, revelling in the happy 
 prospect which seemed to be opening for the English 
 race under the youthful king who "gloried in the 
 name of Briton." The great future of New-York 
 City was as deeply hidden as was the eminent des 
 tiny of these young men. Emerson says, " If the 
 companions of our childhood should turn out to be 
 heroes, it would not surprise us." A boy, like the 
 poet, lives in his day-dream ; but the most vivid 
 imagination could hardly foretell, that, in early man 
 hood, these friends would assist in wresting their 
 country from the rule of its sovereign, and that, later 
 in life, they would all occupy high positions in its 
 service abroad, that one of them would be called 
 upon to sign a treaty establishing its independence, 
 and another to negotiate one adding vast provinces 
 to its original domain. 
 
 A country grammar school had not grounded Jay 
 very thoroughly, and he now applied himself with 
 resolution and perseverance to supply the deficiency. 
 Truly, the child is father to the man ; and all that 
 education can accomplish is to develop the germs 
 already implanted, leaving auspicious circumstances 
 
10 THE LIFE AND TIMES OF JOHN JAY. 
 
 to unfold the character. It is always interesting to 
 turn back the page, and revert to the youth of those 
 who have become distinguished, and compare the 
 promise of that spring-time with the autumn of its 
 fulfilment. We find little recorded of Jay s boyhood ; 
 but the details of his college life, though meagre, are 
 honorable, and marked by the same pure morals and 
 high principles which then winning him the friendship 
 of Dr. Johnson, afterwards characterized his career in 
 life. A few weeks before his expected graduation, 
 an incident occurred which strikingly illustrates his 
 truthfulness and firmness. His associates had been 
 catechized, to learn which of them was guilty of a 
 certain offence. Jay was asked if he knew the 
 transgressor. He replied, "I do." "Who was 
 it?" "I do not choose to tell." This refusal, 
 though claiming the respect of the faculty, caused 
 them to suspend him for a year. A later occurrence, 
 trifling in itself, is recorded as indicating the affec 
 tion that existed between the embryo lawyer and his 
 family. When entering on his clerkship away from 
 home, he sought his father s permission to keep a 
 horse, that he might be enabled to spend a day every 
 fortnight with his parents. The request was granted. 
 The population of the city of New York did not, 
 at that time, exceed twenty thousand. Its inhabit 
 ants still retained many characteristics of the first 
 settlers, and were exclusive in their social life ; yet 
 
YOUTH AND MANHOOD. \ I 
 
 Jay, a descendant of Mary Van Cortlandt, could have 
 been no unwelcome visitor at the Knickerbocker 
 firesides. The opulent and cultivated family of 
 Judge Livingston, dwelling at Clermont during the 
 summer, spent their winters in the city, dispensing 
 at both places a generous hospitality. His intimacy 
 with the eldest son, the future chancellor, 
 doubtless caused him to be a frequent guest at their 
 table, and his character and manner to be greatly 
 moulded by this familiar intercourse. The judge 
 was genial and affectionate, a determined opponent 
 of British aggression, and soon after became a mem 
 ber of the Stamp-Act Congress. He was deeply 
 interested in public affairs, and, in the freedom of 
 private life, would be apt to discuss the proceedings 
 of Parliament, and point out to the youthful visitor 
 the danger to be apprehended from submission by 
 the Colonies to its assumed jurisdiction. Young Jay, 
 too, must often have played with the attractive and 
 sweet-tempered child, the Benjamin of the house 
 hold, destined to develop into the future philan 
 thropist and statesman, his distinguished adversary, 
 Edward Livingston. 
 
 Johnson, retiring to England, was succeeded in the 
 presidency of King s College by Myles Cooper, cele 
 brated alike for his attainments in theology and 
 literature, and for his high Tory notions of royal pre 
 rogative. Jay was graduated a few months after 
 
12 THE LIFE AND TIMES OF JOHN JAY. 
 
 that gentleman s inauguration; but political differ 
 ences never impaired their friendship, and he was in 
 after-life always accustomed to speak of the doctor in 
 terms of great respect. Hamilton entered the college 
 after Jay had left, and, at seventeen years of age, had 
 the rare honor of breaking a lance through the press 
 with his preceptor, and of subsequently protecting 
 him against an exasperated mob to whom he had 
 rendered himself obnoxious. 
 
 Having passed with credit through his collegiate 
 course, Jay selected the law as a profession, and soon 
 entered upon its study under the guidance of Ben 
 jamin Kissam, an eminent practitioner. It was then 
 a rugged and uninviting pursuit, requiring the ut 
 most perseverance to become its master. Black- 
 stone, about that time, was delivering his celebrated 
 lectures in London ; but the American student had 
 to delve among the black-letter of the early fathers 
 in order to acquire a knowledge of the principles of 
 legal science. Four years of close and diligent ap 
 plication intervened before Jay was admitted to the 
 bar. The amiable Lindley Murray, well known for 
 his grammatical and other educational works, was in 
 the same office, and in his autobiography thus refers 
 to his associate : " His talents and virtue gave at 
 that period pleasing indications of future eminence. 
 He was remarkable for strong reasoning powers, 
 comprehensive views, indefatigable application, and 
 
YOUTH AND MANHOOD. 13 
 
 uncommon firmness of mind. To these were added 
 a just taste in literature, and ample stores of learn 
 ing and knowledge." No man was more successful 
 than John Jay in winning the kindly feeling and 
 respect of those with whom he was thrown ; and 
 though he differed in religious and political princi 
 ples from the plain Friend who thus wrote, the affec 
 tion of Murray continued unabated to the close. 
 Ere Jay had entered upon the practice of the law, 
 the relations between him and Kissam had become 
 most friendly and confidential, and so continued 
 until the decease of the latter. Jay said, " He was 
 one of the best men I ever knew, and one of the best 
 friends I ever had." It is pleasant to know, too, that 
 during the political troubles which arose, they stood 
 side by side, aiding and upholding to the utmost the 
 constitutional rights and honor of the country. 
 
 Upon being called to the bar of his native city, 
 Jay formed a professional connection with his friend 
 Livingston, which, however, was soon dissolved, they 
 probably thinking that each would succeed better in 
 procuring clients if alone. Nor was Jay disappointed. 
 He was not condemned, like many, to idly pace the 
 courts from year to year. His ability, probity, and 
 industry were recognized by his fellow-citizens, and 
 early obtained for him a practice lucrative for that 
 time. His close application to business soon impaired 
 his health, which was only restored by active and 
 
14 THE LIFE AND TIMES OF JOHN JAY. 
 
 constant exercise. A dispute having arisen between 
 New York and New Jersey about their respective 
 boundaries, the British authorities appointed a com 
 mission for its adjustment, and of this he became 
 secretary. His duties as such exacted a large por 
 tion of time, and involved considerable labor; but 
 they early terminated, after having brought him 
 prominently before the officials of the province, 
 thereby increasing his reputation. 
 
 Soon after his admission to the bar, its leading 
 members founded a weekly club for the purpose of 
 "social conversation and mutual improvement." 
 Among them were Smith the historian, Jay, Benson, 
 the two Livingstons, Morris, and Duane. The intro 
 duction of " party politics of the Province " was pro 
 hibited ; yet, with the patriotic feelings entertained 
 by several of them, the recent measures of the minis 
 try were undoubtedly well ventilated. With the 
 humorous and genial William Livingston and Kissam 
 among the number, at least one purpose of the club s 
 formation was carried out. It is known that its dis 
 cussions materially influenced the judgment of the 
 Superior Court, which referred to its decision a point 
 relating to legal methods. 
 
 Jay s membership probably led to his introduction 
 into the home of William Livingston, and a subse 
 quent meeting with that gentleman s daughter, Sarah 
 Van Burgh Livingston, then entering upon her six- 
 
YOUTH AND MANHOOD. 
 
 teenth year. A more intimate acquaintance proved 
 that the qualities of her mind equalled the attraction 
 of her person, and the heart of the young lawyer was 
 made captive. The marriage between them did not, 
 however, take place until the spring of 1774, after 
 her parents had removed to the town of Elizabeth, 
 N.J. The chronicles of the day report that Jay "was 
 wedded at Elizabeth to the beautiful Sarah Living 
 ston, and a large proportion of the notable people of 
 New York were present." That the union between 
 them was one of affection, and not a manage de con- 
 venance on either side, is testified by thirty years 
 of unclouded domestic happiness ; and the letters of 
 his parents indicate that the wife soon won and re 
 tained the love of her husband s family. Her pri 
 vate life was thenceforth shaped and controlled by 
 public events. Jay was now, as the master of a 
 household, settled in his domestic relations, and 
 might properly look forward to a long and success 
 ful professional career. He had reached the front 
 rank at the bar of the city, and had already estab 
 lished a reputation for legal attainments and forensic 
 ability. Golden, the lieutenant-governor, in his de 
 spatches spoke of him as an eminent lawyer ; and 
 John Adams wrote that he was a hard student 
 and good speaker. As a man, he possessed the con 
 fidence of his fellow-citizens, and was not more 
 respected for his talents than for his moral worth. 
 
1 6 THE LIFE AND TIMES OF JOHN JAY. 
 
 His marriage gave him a firmer hold upon the com 
 munity, and a deeper interest in its welfare ; while 
 his father-in-law having lately withdrawn from the 
 bar, he might naturally look to his aid in gathering 
 the residuum of his large and successful practice. 
 
 But a change soon came. The country had more 
 important work for him than protecting the interests 
 of individuals in petty provincial courts. Though 
 his convictions were clear as to the justice of the 
 colonial side of the controversy with England, we 
 possess no evidence that he had, with his pen, par 
 ticipated in it. The discussion had taken place 
 mainly between the period of his admission to the 
 bar and the date of his marriage, when he was closely 
 occupied in seeking clients, and in winning the affec 
 tions of Miss Livingston. While the mother country 
 had steadily adhered to her purpose of colonial taxa 
 tion, she wavered, at times, as to the mode of accom 
 plishing it ; and he possibly supposed that the trouble 
 would be settled by the withdrawal of her preten 
 sions. Even after the tea had been destroyed at 
 Boston, he might well have thought that she would 
 hesitate before undertaking to punish an entire com 
 munity for what might be deemed the sudden out 
 break of an excited populace. 
 
 If such was his expectation, the illusion was dis 
 pelled ere the last quarter of his honeymoon had 
 passed. The enforcement of the Port Bill convinced 
 
YOUTH AND MANHOOD. 
 
 him that the dispute between Parliament and the 
 Colonies had reached a crisis which demanded his 
 interposition. Without hesitation, he entered upon 
 the broad field of political life opening before him. 
 Such a step implied great labor and self-sacrifice, as 
 well as the abandonment of his profession ; but it 
 was the path of duty, and led onward to high honor. 
 Six years faithful practice of his profession had emi 
 nently qualified him for public service ; and, once 
 actively enlisted in the cause of his country, he 
 never rested on his arms until her position had been 
 triumphantly vindicated, and her independence ac 
 knowledged. 
 
1 8 THE LIFE A AND TIMES OF JOHN JAY. 
 
 III. 
 
 COLONIAL TAXATION. 
 
 THE relation between England and her American 
 possessions differed essentially from that which 
 France and Spain had established with theirs. In 
 stead of being royal provinces, planted by a king 
 who exercised supreme jurisdiction over them, and 
 derived from them a direct revenue, they were mostly 
 held under grants of varied powers and extent, made 
 to individuals or companies, a common sovereign 
 being the only tie binding the colonist to his coun 
 trymen at home. The greater number of the grants 
 contained an express declaration that emigrants and 
 their children should be deemed natural-born sub 
 jects, and enjoy the immunities and privileges of 
 such ; and that the laws of England should, so far 
 as applicable, be in force, and all made in America 
 conform thereto. The king had conceded franchises, 
 and assumed protection, and in return exacted alle 
 giance from the settlers. Each colony was held by 
 a separate charter, or grant, and was entirely inde 
 pendent of its neighbors ; but all were debarred from 
 
COLONIAL TAXATION. 19 
 
 commercial intercourse with foreign nations; and 
 their inhabitants, as freemen, inheriting the common 
 law, could not be taxed, except by their own repre 
 sentatives. 
 
 Fortunately, English statesmen of all parties af 
 fected to believe that they had been planted and 
 were held simply for the development of the com 
 mercial and manufacturing industry of the mother 
 country. This was the central idea of all her legis 
 lation. The Americans yearned to be considered in 
 the light of her progeny, but she insisted upon treat 
 ing them as inferiors and dependents. With the 
 purpose of securing a portion of the Dutch carrying- 
 trade for its own people, the Commonwealth had, 
 in the year 1660, passed the celebrated navigation 
 law, which, after the Restoration, was re-enacted, and 
 its scope enlarged. It had originally permitted some 
 traffic between the Colonies. In its new form, it 
 prohibited their importing any merchandise, except 
 when shipped direct from England. Not satisfied, 
 however, with this, the royal Parliament demanded, 
 under William, that all exports should be made to 
 that country alone ; thus in effect inhibiting trade, 
 except when a profit was realized by the English 
 merchant and ship-owner. In addition to furnishing 
 the colonist with his supplies of every kind, England 
 aimed at a complete engrossment of his exports. 
 Thus, Massachusetts and Virginia were unable to 
 
20 THE LIFE AND TIMES OF JOHN JAY. 
 
 exchange their fish and tobacco, except through her 
 agency. In a word, her ports were made the sole 
 mart for American products, and her manufactures 
 the only ones to be used. Burke testified truly that 
 it was a grasping monopoly. 
 
 It is not, therefore, surprising that her commerce 
 and naval power grew and expanded, nor that she 
 was able to sustain the heavy drain caused by her 
 numerous maritime and continental wars. Secure 
 from attack upon her own soil, with her industry 
 undisturbed, and her productive Colonies contribut 
 ing their share of wealth, she prospered in the midst 
 of hostilities which would have exhausted the re 
 sources of any other European nation of the time. 
 
 A system thus violating justice and the laws of 
 trade was incapable of rigid enforcement, and hence 
 illicit traffic was, to a large extent, pursued ; but the 
 tenor of the provisions indicates clearly the senti 
 ment which prevailed down to the time of the Revo 
 lution. Any liberality in legislating for the Colonies 
 was unknown, and all freedom of trade was discour 
 aged and repressed. "Our possessions" and "our 
 subjects " became the expression of a general feeling ; 
 and even Chatham, Whig as he was, and opposed to 
 their taxation, declared in Parliament that he would 
 not permit a hobnail to be manufactured in them, 
 forgetting that a prohibition of the kind was in 
 reality a tax levied upon the American consumer. 
 
COLONIAL TAXATION. 21 
 
 The policy of England being thus of an exclusively 
 commercial character, and pursued for her own advan 
 tage and national aggrandizement, little attention 
 was given to their political condition ; and they were 
 permitted, in a great measure, to develop their 
 domestic institutions, which, from the necessity of 
 the case, could not be other than democratic. The 
 foundation was laid at their settlement. The birth 
 place and home of feudalism was in Europe. Aris 
 tocracy is not the material of which emigrants are 
 made ; and in most of the Colonies, a sufficiency of 
 wealth had not yet been created to cause a division 
 of social rank. So long as there was no interference 
 with their self-government by the authorities at 
 home, and no attempt was made at internal taxation, 
 opposition to England s requirements did not arise. 
 They needed protection, and she afforded it. Capi 
 tal was necessary for the transaction of business and 
 the development of the country ; and her merchants 
 and bankers supplied the requisite funds, and granted 
 a liberal credit to their transatlantic customers. The 
 people were prosperous ; and the tribute exacted 
 from them was not seen, nor, indeed, acutely felt. 
 Agriculture being their main pursuit, they paid little 
 regard to external regulations which had been long 
 established, and were not rigidly enforced. All the 
 inhabitants displayed a strong attachment for that 
 country from which most of their ancestors had 
 
22 THE LIFE AND TIMES OF JOHN JA Y. 
 
 sprung. Thence had been derived their cherished 
 ideas of personal liberty and popular rights. They 
 were proud of her glory and greatness ; and a com 
 mon origin called forth their affection, and drew them 
 to her. Four centuries of parliamentary life, with 
 its grand associations, belonged alike to the two 
 countries. English literature and English law were 
 a mutual heritage, and the language of the Bible and 
 Shakspeare was their mother tongue. The love of 
 country, even if transplanted, had not yet taken deep 
 root ; and to England the colonists still applied the 
 endearing appellation of "home." Their sympathy 
 for the land of their forefathers had been evinced by 
 pecuniary assistance extended when misfortune had 
 there arisen, and men and money had been liberally 
 contributed to fight the battles of the parent state 
 in all parts of the world. 
 
 Such were the relations between the countries 
 down to the close of George the Second s reign. 
 While, in return for the protection extended to her 
 American colonies, England monopolized their im 
 ports and exports, both yearly increasing in mag 
 nitude and value, she yet largely refrained from 
 interfering with their internal regulations and politi 
 cal development. Their great distance from the 
 central government had, at times, induced some of 
 them to exercise unquestioned power of the highest 
 sovereignty; and Massachusetts, a hundred years 
 
COLONIAL TAXATION. 23 
 
 before, had asserted that she possessed full legislative 
 and executive authority. Altogether, English sub 
 jects in America enjoyed great freedom, and were 
 prosperous, happy, and contented in their dependent 
 condition. There is no doubt, however, that, as the 
 colonies grew, and waxed strong, the connection 
 would ultimately have undergone a change. Choiseul 
 thought he foresaw the time when they would aim 
 at independence, and the philosophic Turgot was 
 satisfied that a separation was near at hand ; but in 
 the American correspondence and records of the 
 time, we find no such idea broached, except as some 
 thing that might occur in the distant future. It was 
 for a king who wished to govern as well as reign, 
 supported by a minister with contracted views of 
 public policy, to disturb the harmony, and finally to 
 sever the bonds, between the mother country and 
 her progeny across the Atlantic Ocean. 
 
 England had emerged from the Seven Years 
 War, rich in the spoils of conquest, and proud of 
 her military renown, but burdened with a debt which 
 appalled the taxpayers of the United Kingdom. 
 The people had been scandalized by the open licen 
 tiousness of the late king ; and the pure morals and 
 domestic virtues of their young sovereign, while 
 concealing his narrow intellect, won him a confidence 
 and respect soon to be rudely shaken by the expul 
 sion of Wilkes, "The Letters of Junius," and the 
 
24 THE LIFE AND TIMES OF JOHN JA Y. 
 
 American disturbances. Profoundly impressed with 
 the dignity of his station, conscientious, prejudiced, 
 and stubborn, his personal influence over national 
 affairs was always marked ; and in the early part of 
 his reign, the genius of the English Constitution was, 
 at times, by the force of a strong will, made to bend 
 to his wishes. 
 
 After the close of hostilities with France, the 
 most important matter claiming the consideration of 
 the cabinet was an adjustment of the revenues to 
 meet the demands upon the treasury. The princi 
 ples of Newcastle and Walpole still predominated, 
 and, since the retirement of Pitt from the head of 
 affairs, corruption had been steadily increasing. 
 With rare intervals, the Tory leaders had been 
 debarred from public office for more than half a 
 century ; and now that the Whig oligarchy was over 
 thrown, provision had to be made for the victors and 
 their needy followers. Government loans were dis 
 tributed among these latter, to be afterwards resold 
 at a large profit : seats in Parliament, for ministerial 
 supporters, were purchased with public money, and 
 its benches were thus filled with pensioners and place 
 men. Attention had been drawn to this condition of 
 things as sapping public virtue and private morals, 
 and its baneful influence upon the legislation of the 
 country pointed out. How to increase his power, 
 provide for his new friends, and mollify the taxpayer, 
 
COLONIAL TAXATION. 25 
 
 was now the problem before the king, pressing for a 
 solution. 
 
 He called to his assistance a younger brother of 
 Pitt s wife, a statesman who had given some study to 
 the subject of revenue, and who, like other minis 
 terial specialists, deemed that all government was 
 embodied in that part which he best understood. 
 Burke happily described Grenville as "one of those 
 who believe regulation to be commerce, and taxes to 
 be revenue ;" or, as Swift said of a predecessor, "he 
 thought the whole art of government to consist in 
 the importation of nutmegs and the curing of her 
 rings." The king, whose perception of character 
 was quite accurate within a limited range, pro 
 nounced him a solemn prig ; but his manner in the 
 closet was condoned by the measures he advocated 
 in the cabinet, and for these he was tolerated. 
 Where could the minister better turn for relief to 
 his sovereign than to the dependencies across the 
 Atlantic ? That they were prosperous, and able to 
 sustain a heavy tax, was evident ; for they had vol 
 untarily contributed an undue proportion toward the 
 late war, and the supreme legislature had recognized 
 this patriotic action by refunding them a part of the 
 excess. The amount he proposed to draw from 
 them would in the beginning be small ; but, the prin 
 ciple once admitted, it could be indefinitely increased. 
 The policy he suggested was that all the colonies 
 
26 THE LIFE AND TIMES OF JOHN JAY. 
 
 chartered and proprietary alike should be reduced 
 to the same condition as the royal Provinces ; that 
 a direct and permanent income should be derived 
 from them, while, at the same time, the commercial 
 regulations heretofore enacted were to be rigidly 
 enforced. Other measures were to follow, which, 
 together with these, would effectually destroy their 
 illicit yet lucrative traffic. In other words, the 
 policy of making them profitable simply as a mar 
 ket for British productions was to be abandoned, 
 and recourse had to the Spanish system of extorting 
 from them a direct revenue. 
 
 It will be readily perceived how acceptable such 
 counsels were to the king, who wanted to stop the 
 murmurings of the taxpayer at home. His inten 
 tion from the beginning had been to become inde 
 pendent of the Whig party, and he was resolved to 
 make his government one more purely personal. 
 The patronage beyond the sea, thus thrown into his 
 hands, would in time enable him to accomplish these 
 ends, while providing offices for his courtiers and 
 the decayed aristocracy. The nation s support of 
 the contemplated measures was calculated on, as the 
 burden of taxation would thereby, to a considerable 
 extent, be shifted upon the shoulders of those whose 
 complaints would be unheard in Parliament, and 
 whose influence unfelt at the hustings. 
 
 Sir William Keith having suggested a Stamp Act 
 
COLONIAL TAXATION. 
 
 for the colonies early in the century, Grenville chose 
 a similar plan as the one with which to begin, and 
 notified the colonial agents of his intention to allow 
 them twelve months to ascertain the feelings of their 
 constituents before carrying it into effect. In con 
 versation with Dr. Franklin, he avowed his fixed 
 determination to compel the colonies to contribute 
 their share to the support of the imperial govern 
 ment, but expressed a willingness to substitute for 
 the proposed tax, one more agreeable to them, if 
 such could be found. Franklin, on his part, does not 
 appear to have objected to the principle of colonial 
 taxation upon the ground of its unconstitutionally, 
 probably for the reason that in Pennsylvania which 
 province alone he then represented this right had 
 been reserved to Parliament. A similar proviso was 
 not, we believe, in any of the other charters. 
 
 In pursuance of the course adopted, the Commons 
 resolved that it was expedient to charge in America 
 certain stamp duties, such as were paid in England ; 
 and notice was given that a bill to that effect would 
 be introduced the following year. The resolution 
 was skilfully drawn to allay opposition, and its condi 
 tions seemed equitable. Surely, the Americans 
 would not object! It proposed to lay upon them 
 only a part of the burden borne by their fellow- 
 sufferers in England, and the revenue contributed by 
 them was to be spent for domestic purposes. The 
 
28 THE LIFE AND TIMES OF JOHN JAY. 
 
 tax was indirect, moderate, and, as it was self-col 
 lecting, would require the appointment of but few 
 officials. 
 
 When the measure came before Parliament at the 
 next session, no protest was heard ; for being a 
 money-bill, against which petitions are not received, 
 it passed both Houses without attracting any especial 
 notice from the Liberal members. The Lords were 
 unanimous in its favor. Well was it, however, that 
 the people of America were more alive to the danger 
 to be apprehended from this cloud no bigger than a 
 man s hand, yet which, increasing in volume, and 
 descending, would eventually sweep away the dikes 
 which their ancestors had by a free expenditure of 
 blood and treasure erected to stay the steady flow of 
 executive encroachment. Fortunate, too, was it for 
 the cause of freedom, that they were endowed with 
 virtue enough to resist its approach. It may be ques 
 tioned whether the minister, after having announced 
 his intention of introducing the Stamp Act, did not 
 make a mistake in deferring its passage for so long a 
 time. Had he at once carried out his purpose, the 
 opposition in the colonies would have been sporadic, 
 and perhaps readily overcome before the lurking 
 danger was generally perceived. 
 
 It was only at a later date that the Whig states 
 men of England realized that the success of the 
 king s policy in America might be followed by the 
 
COLONIAL TAXATION. 29 
 
 establishment of arbitrary and military rule in their 
 own country, and the throne so strengthened as to 
 impair domestic institutions. As Burke expressed 
 it, "It will become an apt, powerful, and certain 
 engine for the destruction of our freedom here in 
 England." 
 
 The bill passed Parliament in March, 1765, and 
 was to take effect the following November. We 
 have seen that the attention of the colonists had 
 already been drawn to its provisions, yet the news 
 of its enactment was received by them at first as a 
 staggering blow. Soon the great deep of colonial 
 life was stirred, and denunciations of it were heard 
 from one end of the country to the other. It was an 
 insidious proceeding that must be resisted at the 
 outset. The amount assessed on Hampden was but 
 a few pence, yet it had involved the liberties of a 
 nation. When the eventful day arrived, bells were 
 tolled, and muffled drums sounded. Tax-agents were 
 forced to resign ; and in some places the people de 
 termined to ignore the Act, and proceed in business 
 without complying with its requirements. In other 
 portions of the country, merchants agreed to import 
 no more British manufactures after the New Year, 
 unless it should then have been repealed. In New 
 York, Golden, the lieutenant-governor, was burned in 
 effigy, and compelled to seek refuge in the fort with 
 the stamped paper. The Virginia House of Burgesses 
 
30 THE LIFE AND TIMES OF JOHN JA Y. 
 
 was in session when the news of the action of Parlia 
 ment was received ; and on the motion of Patrick 
 Henry, then a young lawyer, it was resolved that 
 the General Assembly had the exclusive authority 
 to levy taxes, and that whoever maintained the con 
 trary should be deemed an enemy of the province. 
 Massachusetts took the alarm, and, asserting her 
 sole right to pass laws binding her people, invited 
 her sisters to join with her in opposing the measure. 
 
 James Otis further stimulated public feeling by 
 the publication of a work demonstrating that all tax 
 ation of the people of America by Parliament was 
 inconsistent with their rights as native-born subjects. 
 A tendency to unity might be noticed about this time 
 in the occasional substitution of the term " Ameri 
 can" for "Colonist;" and as the trouble was gen 
 erally attributed to the arbitrary counsels of Lord 
 Bute, a North Briton, the word " British " began to 
 assume the place that " English " had previously held. 
 
 In compliance with the suggestion of Massachu 
 setts, delegates from nine colonies assembled at New 
 York in October. This body denounced the imposi 
 tion of taxes upon them without their consent, 
 entered into a non-importation agreement, and peti 
 tioned the King and Parliament for a redress of their 
 grievances. When an account of these proceedings 
 reached England, it produced a profound sensation 
 throughout all classes. Parliament was not in ses- 
 
COLONIAL TAXATION. 31 
 
 sion at the time, and the ministry were at a loss to 
 know by what means to overcome the passive but 
 determined resistance of a united people. No mili 
 tary force was on the spot, nor would such have 
 been available. The judges of the colonial courts 
 sympathized with the opposition, and the juries 
 were made up of those who set the enactments at 
 defiance. The attention of the Whig leaders abroad 
 was at last drawn to the danger to be feared from 
 enforcing the claim of supremacy, and the cause of 
 the colonies found eloquent and efficient advocates 
 when Parliament again assembled. Ere that time, 
 the king s dislike of Grenville had resulted in the 
 establishment of a new administration under Rock- 
 ingham with Burke as his private secretary, and 
 Dowdeswell as chancellor of the exchequer. A 
 cabinet of this complexion, entering upon office 
 under such circumstances, could but advise the re 
 peal of a law manifestly contrary to the spirit of 
 English institutions. The king, on the other hand, 
 looking upon the uprising in America as subversive 
 of all authority, and a denial of the jurisdiction of 
 the home government, was opposed to this pro 
 cedure. After considerable hesitation, he finally 
 yielded his assent, provided a clause should be at 
 tached to the Act of repeal asserting the power to 
 bind the colonies in all cases whatever. Fatal reser 
 vation ! However the patriots of America may 
 
32 THE LIFE AND TIMES OF JOHN JAY. 
 
 have differed in opinion as to the supremacy of the 
 King and Parliament, this would, if enforced, neces 
 sarily drive them all into resistance. It would sweep 
 away at one stroke every vestige of civil liberty. 
 Chatham declared the Magna Charta, the Petition of 
 Right, and the Three Statutes, were the Bible of the 
 English Constitution ; but the colonist could under 
 this claim be deprived of every right that they se 
 cured to English subjects at home. Rockingham 
 remained in office scarcely a year, when a re-organi 
 zation of the ministry took place under the newly 
 created Earl of Chatham, with Charles Townsend as 
 chancellor of the exchequer. 
 
 Upon the partial adjustment of the difficulty, agi 
 tation at once subsided in America ; and the people, 
 fancying their victory had established the principle 
 that they could be taxed only by their representa 
 tives, anticipated no further trouble. It was true, 
 that, while removing the present grievance, the para 
 mount authority of Parliament had been emphatically 
 asserted ; but this, it was assumed, had been done to 
 save its pride, and with no purpose of enforcement 
 except as heretofore, in the regulation of their com 
 merce. In New York, the repeal was looked upon 
 as a final settlement ; and, in the exuberance of their 
 joy, the people dismantled a ship, and planted its 
 mast on a high part of the city, surmounted with 
 busts of George III. and Chatham. 
 
THE DESTRUCTION OF TEA. 33 
 
 IV. 
 
 THE DESTRUCTION OF TEA. 
 
 /CHATHAM had entered the ministry in obedience 
 ^^ to the public demand ; but his health was shat 
 tered, and only at long intervals was he able to attend 
 its meetings, or even to be consulted about questions 
 under consideration. It was, in fact, a body without 
 a chief to formulate a policy, and carry it into effect ; 
 and thus it drifted along as the tide served. Town- 
 send, among his contemporaries, bore the reputation 
 of possessing brilliant parts, though volatile, wilful, 
 and unstable in character. In America he is chiefly 
 remembered as the progenitor of a measure which 
 re-opened a controversy between England and her 
 dependencies that finally led to their separation. 
 During a debate in the House of Commons, he incau 
 tiously pledged himself to prepare a bill which would 
 secure a revenue from the colonies without arousing 
 their opposition. Chatham could not be referred to 
 at the time ; and a Whig cabinet thus became com 
 mitted to a project, against the principles of which 
 its members had hitherto protested. 
 
34 THE LIFE AND TIMES OF JOHN JA Y. 
 
 Townsend s plan, when introduced, was found to 
 embrace the imposition of a duty upon tea, paints, 
 and glass ; while, to render it less distasteful to the 
 Americans, the revenue derived therefrom was to be 
 applied to the support of their local governments and 
 the maintenance of their judiciary. As enacted, it 
 further provided for the establishment of a board 
 of trade at Boston, and legalized the writs of assist 
 ance, which Otis, with impassioned eloquence, had 
 denounced as unconstitutional. It also required 
 naval officers to enforce the various provisions relat 
 ing to commercial intercourse, thus destroying a 
 prosperous traffic with the British and Spanish West 
 Indies. Later on the assemblies were called upon 
 to supply the military force then at hand with certain 
 specified articles, and to furnish them with suitable 
 quarters upon landing. 
 
 Contrary to Townsend s anticipations, the colonists 
 objected to this entire scheme, and failed to appreci 
 ate his generous proposal to disburse the money for 
 their benefit. They needed no protection from 
 domestic enemies, and treasured the right of main 
 taining their courts and governments themselves. 
 The New- York Assembly was summarily suspended 
 for refusing to supply military stores, while the 
 General Court of Massachusetts was dissolved for 
 the same offence ; and the troops which had arrived, 
 were, by order of the authorities, quartered in Faneuil 
 Hall and other public buildings. 
 
THE DESTRUCTION OF TEA. 35 
 
 Sherlock, the Bishop of London, had proposed to 
 the king the erection of America into an episcopate 
 of the Established Church ; and the rumor of this, 
 getting abroad, created general alarm among the 
 New-England congregations. A jealousy of the 
 designs of the mother country was by this time 
 thoroughly aroused, and a determination to resist 
 her encroachments common to all. 
 
 Louis XV. had watched with deep interest the 
 opening of the quarrel, and in 1764 despatched Pon- 
 tleroy to America to report the feelings of the people. 
 Four years later, Choiseul, believing the fulfilment of 
 his prophecy near at hand, directed his minister at 
 St. James to employ a trusty agent ; and the future 
 Baron DeKalb accordingly traversed a portion of 
 the country, for the purpose of observing public 
 sentiment. 
 
 In the controversy growing out of the proceedings 
 of the Home Government, nothing is more remark 
 able than the superior ability with which the Ameri 
 can side was handled. Its advocates were men who 
 had early become conversant with Blackstone s expo 
 sition of the common law. Their dearest interests 
 were involved. They had studied the questions at 
 issue, the principles lying at the foundation of gov 
 ernment, and by skilful logic laid bare the arbitrary 
 nature of the ministerial measures. On the other 
 side were hackney writers with no personal feeling 
 
36 THE LIFE AND TIMES OF JOHN JAY. 
 
 in the matter, working for their pay, or, like Dr. 
 Johnson, serving the ministry in return for favors 
 already received. The village leaders became im 
 bued with patriotic arguments, and were prepared, 
 in their turn, to impress them upon their immediate 
 followers. The agitation was extreme. Each hamlet 
 had its meetings, and every household grew familiar 
 with the subject. 
 
 It is ominous of change when a people distrust 
 e ground on which sovereign authority is based. 
 The inquiry now arose among the colonists as to 
 their relation towards the parent state, and whether 
 the fact of her subjects settling in America estab 
 lished England s claim to assume jurisdiction over 
 them, or even to control their commerce in the man 
 ner heretofore conceded. Jay subsequently declared 
 that it did not, and that they had the right to form 
 whatever style of government they pleased. The 
 cardinal principle, that taxation and representation 
 are inseparable, had been emphatically ingrafted on 
 the English Constitution. Yet it was asserted, that, 
 under the guise of regulating trade, they were 
 practically divorced in America. The King and Par 
 liament had before claimed the power to prohibit 
 manufactures, and determine with whom the people 
 should trade. They now undertook to modify the 
 provisions of the charters under whose guarantees 
 settlements had been effected ; to keep up a standing 
 
THE DESTRUCTION OF TEA. 37 
 
 army in the country, and compel taxes to be levied 
 therein for its support. 1 The royal governors were 
 instructed to withhold their approval of other assess 
 ments, and the revenue officers were empowered to 
 search houses for contraband goods without a specific 
 warrant based on probable cause. The authorities 
 were required to enact certain laws ; and in the event 
 of refusal, their meetings were to be suspended. It 
 was, moreover, decided that the superior judges 
 should hold office at the king s pleasure alone, and 
 not during good behavior as in England, the infe 
 rior ones being removable at the discretion of the 
 governor ; that political offenders should be trans 
 ferred into a foreign jurisdiction where a trial by their 
 peers could not be obtained, while the sheriffs were 
 to be appointed by the governors with authority to 
 select juries which had heretofore been chosen by 
 the inhabitants. It was shown that these claims 
 were tyrannical and dangerous ; that in the previous 
 century the attempted enforcement of some of them 
 had caused a predecessor of the king to lose his 
 head ; and that, if successfully established, life, lib 
 erty, and property, in the colonies, would be held 
 only by the sufferance of an irresponsible power be- 
 
 1 Burke, their agent, wrote to the New- York Assembly that " prerogative 
 was to be strengthened as much as possible ; and it was thought expedient to 
 find in the tractable disposition of some provinces a check upon the turbulent 
 manners and a balance to the less manageable plans of government in others." 
 
38 THE LIFE AND TIMES OF JOHN JA Y. 
 
 yond the sea. The aristocracy of England had been 
 mainly aggrieved by the proceedings of the second 
 James. The exactions in royal France had crushed 
 the peasantry, while these affected alike all classes 
 in America. 
 
 As yet, there was a difference in the reasoning 
 of the popular leaders. Some drew a distinction 
 between taxes laid for the purpose of raising a 
 revenue, and those for the regulation of commerce. 
 Others admitted the supremacy of Parliament, but 
 denied the right of taxation by a body in which they 
 were not represented ; while many went still farther, 
 and believed that the king and provincial legislatures 
 alone had the power to impose it upon them. All, 
 however, acknowledged that allegiance was due the 
 sovereign, but claimed that there were correlative 
 rights and obligations, and, while recognizing the 
 fact that the colonies had been settled without aid 
 from the king, were yet, in return for protection 
 against foreign enemies, willing to concede to the 
 Home Government the regulation and monopoly of 
 their commerce as heretofore, and contribute volun 
 tarily to the common defence of the empire. 
 
 It was not yet too late for the King and Parliament 
 to recede from their untenable position without loss 
 of credit, and restore harmony; but such a conces 
 sion was perhaps not to be expected from a stubborn 
 monarch and a haughty assembly. 
 
THE DESTRUCTION OF TEA. 39 
 
 Upon the re-organization of the British cabinet, 
 in the year 1770, Lord North became prime min 
 ister. Amiable in private life, of pure morals, genial, 
 witty, and personally popular, he was, by subservi 
 ency to the king s wishes, destined to have his name 
 intimately associated with the most corrupt and un 
 fortunate period of modern English history. In 
 quiet times, and under another sovereign, he would, 
 perhaps, have proved a successful minister, but was 
 by nature unfitted to encounter the storms then 
 breaking upon the political world. He lacked 
 sufficient greatness of character to resist the bland 
 ishments of the king, and when, by force of circum 
 stances, compelled to yield, conceded just enough to 
 discourage his supporters without conciliating his 
 opponents. 
 
 The non-importation associations which had been 
 formed in the colonies had the anticipated effect. 
 Commercial distress ensued in England, and petitions 
 for a repeal of the obnoxious Acts flowed in upon the 
 two Houses from the manufacturers and merchants 
 in all parts of the kingdom. At the instance of the 
 prime minister himself, the imports laid three years 
 before were removed, except one of threepence per 
 pound upon tea ; that being retained, as he said, to 
 establish the principle of parliamentary right. To 
 reconcile the Americans to this, a drawback of over 
 sevenpence was allowed upon all shipments to them 
 
40 THE LIFE AND TIMES OF JOHN JA Y. 
 
 from the United Kingdom. Encouraged by their 
 partial victory, and looking upon this duty as im 
 posed without authority, the people generally ab 
 stained from the consumption of tea, which, in 
 consequence, accumulated in the warehouses of the 
 East India Company. It continued to increase 
 until that corporation became financially embar 
 rassed, and, in 1773, was compelled to apply to the 
 Government for relief. A further drawback was 
 thereupon authorized, the whole being equivalent to 
 the English import dues, thus enabling the Ameri 
 cans to procure their supply at ninepence less than 
 their fellow-subjects at home. Under this provision 
 vessels were freighted with the article for various ports 
 in America. The proceeding brought the dispute be 
 tween the countries to a direct issue. The colonists 
 were unanimous in resisting the imposition of a tax 
 the principle of which the English authorities strove 
 to sustain by abating a larger duty than was neces 
 sary to be paid. Now or never the question had to 
 be definitely settled whether Parliament possessed 
 the right to levy taxes without the consent of the 
 inhabitants. 
 
 Information of the shipments soon reached 
 America ; and by the time the vessels arrived, every 
 preparation had been made. At some of the ports, 
 the consignees were compelled to reship the tea ; at 
 some, its landing was prohibited ; while at others, it 
 
THE DESTRUCTION OF TEA. 41 
 
 was stored in cellars and damp places, where it ulti 
 mately spoiled. At Boston more decisive measures 
 were required. As Josiah Quincy said, she had been 
 so galled without, and vexed within, that patience 
 with her had ceased to be a virtue. The inhabitants 
 of that place were resolved that the detested article 
 should not be landed, while the governmental authori 
 ties were equally determined not to permit the ships 
 to return without having discharged their cargoes. 
 Fearing that, in spite of their watchfulness, the tea 
 might be smuggled ashore, a number of reputable 
 citizens, calling themselves "Mohocks," in imitation 
 of the young bloods of London, boarded the vessels 
 after dark, broke open the chests, and emptied their 
 contents into the sea. After performing this resolute 
 act in a calm and orderly manner, they quietly dis 
 persed to their several homes. 
 
 The news of this occurrence provoked general 
 indignation in England. It was looked upon as a 
 defiance of Parliament, which, if permitted to pass 
 unpunished, would induce the people to cast off all 
 authority, and assert their independence. Feeling 
 the contempt thrown upon it, that body forthwith 
 launched its bolts against the town of Boston and 
 the Province of Massachusetts Bay. At the instiga 
 tion of the ministry, it enacted that the harbor of 
 Boston should, after the first day of the following 
 June, be closed against the landing and loading of 
 
42 THE LIFE AND TIMES OP" JOHN JAY. 
 
 all goods, wares, and merchandise ; and the custom 
 house, with its officers, removed to Salem, where the 
 Governor and General Court were directed to assem 
 ble. By a subsequent Act, the charter of the province 
 was arbitrarily altered, all counsellors and judicial 
 officers being thereafter appointed by the Crown. It 
 was provided, moreover, that any person indicted 
 for a homicide committed while aiding a magistrate, 
 might have his trial removed to Great Britain or 
 some one of the other colonies, and that, except at 
 the time of an election, no public meeting should be 
 held without permission from the governor. All 
 the measures had the cordial support of the king, 
 and some of them were prepared by the ministry at 
 his suggestion. 
 
 By these sweeping provisions, the inhabitants of 
 Boston loyalists and patriots alike were made 
 to suffer for the destructive outbreak of a few indi 
 viduals. An independent judiciary, which had been 
 wrung from the first Charles, was laid at the feet of 
 a sovereign who resembled him in character ; and the 
 people were deprived of the right to assemble, and 
 protest against the proceedings of their rulers, how 
 ever illegal and arbitrary their tendency. In thus 
 prohibiting town-meetings, the ministry struck at the 
 very life of New-England democracy. The power 
 to levy custom dues once established, with a governor 
 appointed and paid by the Crown, a judiciary holding 
 
THE DESTRUCTION OF TEA. 43 
 
 their seats at the pleasure of the king, and the citi 
 zens forbidden to meet peaceably, it is difficult to see 
 what barrier remained against further encroachments 
 by the Government. 
 
 When the purport of the enactments became 
 known in America, the public mind was deeply 
 stirred. Sympathy with the devoted town and prov 
 ince was everywhere expressed, and assistance prof 
 fered to their suffering population. It was felt that 
 the punishment inflicted was not so much on account 
 of the destruction of the tea as for the stand which 
 all the colonies had taken in defence of their liber 
 ties. The blow had fallen where it did, simply because 
 the earliest and most active opposition had been at 
 that point ; and the late series of measures was but 
 the inauguration of a policy to overthrow the rights 
 of all. 
 
 The Act closing the harbor went into effect at the 
 appointed time, putting an end to commerce, and 
 causing great distress among persons thereby de 
 prived of support from their accustomed avocations. 
 It failed, however, to break the spirit of the people, or 
 to induce an abatement of resistance to the assumed 
 authority of the imperial government. Delegations 
 from several towns in the province assembled, and 
 determined to discontinue importation from England ; 
 and a little later a most formidable weapon was placed 
 in the hands of the Whigs by the organization of 
 
44 THE LIFE AND TIMES OF JOHN JA Y. 
 
 Samuel Adams s "Committees of Correspondence." 
 The General Court of Massachusetts vigorously pro 
 tested against the parliamentary measures, and de 
 nounced the alteration made in the provision of the 
 charter. It also prepared a circular to the other 
 colonies, setting forth the necessity of harmonious 
 action in the present crisis. The people, on their 
 part, evading the law, held adjourned meetings from 
 time to time, thereby keeping alive the fire of 
 patriotism, and sustaining and encouraging their 
 representatives in their independent attitude. 
 / It was from Virginia that the most effective sup 
 port came. Fortunately, her House of Burgesses 
 was in session when information of the passage of 
 the Port Bill was received. That body, under the 
 leadership of Randolph, Lee, and Henry, at once 
 entered upon its journal, and published abroad, a 
 vigorous protest against the recent Acts, and, at the 
 same time, set apart the first of June as a day of 
 fasting, prayer, and humiliation. The ire of the gov 
 ernor was aroused by their boldness in condemning 
 the proceedings of the imperial legislature, and an 
 immediate dissolution of the House followed. Unde 
 terred by his indignation, the late members assem 
 bled at the Raleigh Tavern, and denounced the Port 
 Bill, affirming that an attack upon one of the colonies 
 was an attack upon all. They further directed their 
 Committee of Correspondence, which had by that 
 
THE DESTRUCTION OF TEA. 45 
 
 time been formed, to confer with similar bodies upon 
 the expediency of the several colonies annually 
 assembling in a general congress for the purpose of 
 deliberating upon their common interests. 
 
 An American Parliament had always been depre 
 cated by the English authorities. Penn, as early as 
 1697, had submitted to the Board of Trade "a plan 
 for the union of the colonies ; " and Franklin pro 
 posed a like measure at the time of the Albany 
 conference, but both had failed. Now, however, the 
 minds of the patriot leaders seemed spontaneously 
 directed towards a union which had been made pos 
 sible by the distress of Massachusetts ; and the idea 
 of a congress assumed a practical shape. The pro 
 ceedings of the King, Ministry, and Parliament thus 
 called into being an assembly representing American 
 interests, and necessarily antagonistic to the preten 
 sions of England. Throughout the entire contro 
 versy, prior to the Revolution, there was always 
 displayed, on her part, an apprehension that her 
 progeny were aiming at a separation and the estab 
 lishment of that independence into which she was 
 soon to drive them. 
 
46 THE LIFE AND TIMES OF JOHN JAY. 
 
 V. 
 
 PREPARING FOR A CONGRESS. 
 
 INFORMATION reached New York on the after 
 noon of May 1 6 that the harbor of Boston was 
 soon to be closed, producing a profound sensation 
 among the merchants, who thus beheld their own 
 rights and fortunes subjected to the mercy of a for 
 eign assembly, whose jurisdiction they had emphati 
 cally repudiated. They at once took counsel together, 
 and nominated fifty citizens to form a committee of 
 correspondence, solicit contributions, and in other 
 ways aid and encourage their brethren of Boston. 
 When a special messenger, bearing the intelligence, 
 arrived the following day, a public meeting of the 
 inhabitants was convened, and a list of the persons 
 already chosen laid before it for approval. Several 
 of the prominent merchants were of British birth, 
 holding close relations with their kindred in the old 
 country, and hoped to guide and control the move 
 ment by participating in it. Many sincere friends 
 of government had been placed on the committee. 
 Indeed, Jones, the Tory historian, claims that they 
 formed the majority of its members. 
 
PREPARING FOR A CONGRESS. 47 
 
 The willingness to serve of those selected having 
 been ascertained, an additional name was added, and 
 the appointment of the whole confirmed at a meeting 
 held three days later. Four days after this, Jay, 
 Lowe, McDougal, and Duane, who had been deputed 
 for the purpose, reported to the main body the 
 draught of a reply to the official letter which had 
 been received from the Boston Committee of Corre 
 spondence. This paper, which was from Jay s pen, 
 said, " The cause concerns the whole continent, and 
 we can see no remedy unless it proceeds from the 
 joint act and approbation of all. We therefore con 
 clude that a congress of deputies from the colonies 
 in general is of the utmost moment, and that it 
 ought to be held without delay." 
 
 This assembling in a common Parliament marks 
 the beginning of a new era in American history, and 
 it has been a fruitful subject of discussion to whom t 
 the honor of having suggested the measure is due. 
 There can be no doubt, however, that the idea was 
 in the minds of all. Sam Adams had favored the 
 plan the year before ; and a letter from Arthur Lee, 
 then in London, recommending a meeting, was al 
 ready written, and on its way to America. The 
 problem confronting them was too intricate for any 
 one of the colonies to solve. ^Esop s fable of the 
 bundle of twigs was patent, and a danger which 
 threatened all would naturally induce them to seek 
 
48 THE LIFE AND TIMES OF JOHN JA K 
 
 safety in mutual support. Besides, a partial con 
 gress had been successfully tried before ; and what 
 was more likely than that they should again come 
 together, and present an undivided front to their 
 enemies abroad. 
 
 Virginia declares herself to have been the parent 
 of the measure, as her dissolved House of Burgesses 
 had urged an agreement among the colonies to con 
 sider the best means of resisting the acts of the 
 ministry ; while New York rests her claim upon the 
 reply of Jay s committee, to which reference has been 
 made. Neither of them, however, is entitled to the 
 distinction. Its advisability was first publicly sug 
 gested at a town-meeting held at Providence on May 
 17, soon after the news of the Port Bill had been 
 received, when the deputies from that place were 
 requested to use their influence in the General 
 Assembly to promote a congress "for establishing 
 the firmest union." This movement was followed, 
 four days later, by the important city of Philadel 
 phia. When replying to the Boston letter, her mer 
 chants said that the means of securing redress 
 seemed to rest between non-importation, as had been 
 proposed, and a general congress of deputies ; and 
 added, they had reason to think " the latter would be 
 the most agreeable to the people of the province. " 
 The New York and Virginia committees took simul 
 taneous action, as we have seen, on May 23 ; but 
 
PREPARING FOR A CONGRESS. 49 
 
 there is no reason to suppose that the proceedings 
 of any one of the four were known to the others at 
 the time, nor that their own were affected thereby. 
 
 The ministerial blow had been aimed at Massachu 
 setts ; and so far, the quarrel was mainly confined 
 within her borders. It was, therefore, not proper for 
 her to apply for assistance ; but she gladly welcomed 
 the proposal when spontaneously made, and, with the 
 cordial approval of her neighbors, fixed upon the city 
 of Philadelphia as the place, and the beginning of 
 autumn as the time, for the meeting. Upon the 
 New-York committee, as the only organization in 
 the province antagonistic to the measures of the 
 ministry, the important duty of selecting delegates 
 seemed to rest. This was performed on July 4, by 
 the nomination of Philip Livingston, Lowe, Alsop, 
 Jay, and Duane, three merchants and two lawyers. 
 The first named was wealthy, and, in the language 
 of Adams, "a downright, straightforward man;" a 
 bold, determined patriot, who died at his post the 
 year after affixing his signature to the charter of 
 American freedom. Duane and Jay were both mem 
 bers of Congress when the Declaration of Inde 
 pendence was issued ; but, less fortunate than their 
 colleagues, they were, at the time, in attendance 
 upon the New-York convention, and were thereby 
 deprived of the honor of attaching their names to 
 that instrument. Lowe rather sympathized with 
 
50 THE LIFE AND TIMES OF JOHN JAY. 
 
 Parliament; while Alsop one of those patriots un 
 able to bear the thought of a separation withdrew, 
 on the passage of the Declaration, to his estate near 
 the city, and afterward became a refugee in England. 
 The two lawyers were strong Episcopalians, and the 
 Tory leaders fancied that their religious sentiments 
 would induce them to lean toward the mother 
 country. 
 
 The affairs of the city at that period were very 
 much controlled by the merchants, who considered 
 themselves capable of governing without interfer 
 ence, and had, so far, been permitted to manage the 
 trouble with England. A democratic spirit was, 
 however, abroad, which had begun to contest their 
 supremacy. To a complaint against the recent pro 
 ceedings, their adherents replied, "The gentlemen 
 appointed on the committee of fifty are of the 
 body of merchants, men of property, probity, and 
 understanding, whose zeal for the public good cannot 
 be doubted, and whose situations point them out as 
 the proper persons to hold so important a trust." 
 The mechanics had become a numerous body, and 
 were rapidly rising into prominence. They, too, had 
 their trade organization, were more uniformly op 
 posed to the ministerial measures than the mer 
 chants, and, should the dispute with England result 
 in hostilities, a large share of the burden would 
 necessarily rest upon their shoulders. Under these 
 
PREPARING FOR A CONGRESS. % 51 
 
 circumstances, they naturally thought they should 
 have been consulted in the choice of delegates to the 
 intended congress. 
 
 There was still another body of Whigs in the city, 
 styling themselves " Sons of Liberty." They had 
 been especially active during the troubles arising from 
 the Stamp Act, and were re-organized upon the news 
 of the Port Bill, denouncing it through the streets 
 as barbarous ; and, their passion being roused, they 
 were prepared to carry out by violence any course 
 suggested against the Government. Of these, Alex 
 ander McDougal, a Scotchman, was accounted the 
 principal spokesman and leader; and it may have 
 been with the view of placating this turbulent element 
 that he was nominated by "the gentlemen mer 
 chants" upon their committee. He was an ener 
 getic, fearless, and determined man, had been 
 recently imprisoned for a libellous hand-bill reflecting 
 on the authorities, and was disposed to drive matters 
 to extremity. He probably thought, could some one 
 of the five be displaced, he might, by the aid of those 
 whom he controlled, secure the position for himself. 
 He accordingly proposed to the merchants that the 
 names of the congressional delegates should be sub 
 mitted to the mechanics for their approval, and after 
 ward placed before the freeholders of the city for 
 confirmation. That highly respectable and dignified 
 body thought themselves quite as capable of mana- 
 
52 THE LIFE AND TIMES OF JOHN JAY. 
 
 ging political as commercial affairs, and, failing to see 
 the propriety of submitting their action to the ap 
 proval of others, rejected the motion. McDougal 
 thereupon withdrew from the committee, with some 
 of his supporters, and called what was long known as 
 the famous meeting in the fields, to protest against 
 the selection that had been made, and to substitute 
 others more nearly representing his own opinions. 
 His objection did not lie against either Jay or Duane, 
 as he had served with them, and was well aware of 
 their devotion to the country s interests. 
 
 At the meeting, a strenuous effort was made to 
 form a party, and carry the election. The people 
 were warned to beware of the merchants committee, 
 and exhorted to imitate Boston in supporting non 
 importation. The condition of the patriot affairs had 
 become critical, as any division among the Whigs 
 in the face of the numerous friends of Government 
 would of necessity prove disastrous to their cause. 
 "The young West Indian," Alexander Hamilton, 
 a stripling of seventeen years of age, divining the 
 danger, appeared unexpectedly, and by his per 
 suasive eloquence induced those present to refrain 
 from the extreme acts intended. Their resolutions 
 inveighed against the Port Bill, declared the shutting 
 up of any harbors to be unconstitutional, that an 
 attack upon the liberties of any one of the colonies 
 was an attack upon all, and pledged themselves to 
 
PREPARING FOR A CONGRESS. 53 
 
 abide by all measures of Congress. Though oil had 
 been poured upon the troubled waters, the swell did 
 not immediately subside. In the merchants commit 
 tee room, the next morning, this irregular meeting 
 was condemned, and the conduct of McDougal and 
 his followers commented upon with severity, as calcu 
 lated to arouse jealousy, and lead to dissension. On 
 the other side, a delegation from the mechanics 
 addressed the nominees, requesting a statement of 
 their opinion as to the proper course to be pursued 
 at Philadelphia, declaring, should the reply not prove 
 satisfactory, they had candidates of their own whom 
 they were prepared to substitute. Without commit 
 ting themselves to any definite procedure, those 
 gentlemen responded that they would, at the coming 
 conference, endeavor, to the utmost of their ability, 
 to put into execution any measures that might be 
 thought conducive to the general welfare of the 
 colonies. 
 
 The meeting in the fields, nevertheless, had a 
 decided influence upon the merchants ; for, while 
 condemning it, they recognized the danger to be 
 incurred from divided pretensions, and proposed that 
 a committee from their own body, with one from the 
 mechanics, should canvass the taxpayers of the city, 
 with a view of learning their opinion of the lists 
 of delegates to be submitted to them. This scheme 
 not proving satisfactory, a vote was taken at a meet- 
 
54 THE LIFE AND TIMES OF JOHN JA Y. 
 
 ing held at the City Hall, when the selection already 
 made by the merchants was approved. The nomi 
 nees evidently thought, that, in a matter of such great 
 moment, all interests should be united ; and the fol 
 lowing morning a majority of them appeared in 
 a card declining to consider themselves properly 
 chosen, as the late meeting had been summoned for 
 a different purpose, and sufficient notice had not 
 been given of its intended action. This seemed, 
 for the time being, to throw every thing into con 
 fusion ; but it resulted in the merchants yielding their 
 claim to the sole control of political affairs in the 
 city. It was finally determined to open a poll for 
 the taxpayers in each ward, under the supervision of 
 a joint committee of the two bodies ; and the five 
 delegates already named were then unanimously 
 elected. The right of all classes to participate in 
 affairs being admitted, entire harmony prevailed 
 in the future; and the action of New-York City 
 soon became as democratic as that of Boston. 
 
 Three members from other sections of the prov 
 ince subsequently united with those from the city, 
 making in all eight representatives in the General 
 Congress. Jay joined his father-in-law at Elizabeth- 
 town, and proceeded with him to Philadelphia. The 
 other city delegates left New York in a body, es 
 corted to the riverside by a large number of personal 
 friends and sympathizers. 
 
THE CONGRESS OF 1774. 55 
 
 VI. 
 
 THE CONGRESS OF 1 7/4- 
 
 AT the time appointed, the members of this not 
 able assembly came together in Philadelphia 
 from each of the thirteen colonies, except Georgia. 
 England had furnished the example by her conven 
 tion of 1688, which meeting, without legal summons, 
 decided upon the constitutional powers of the Govern 
 ment. Most of the delegates, on the present occa 
 sion, were personally strangers to each other. The 
 reputation of some as ardent patriots, and able advo 
 cates of American rights, had extended beyond the 
 bounds of their own provinces, and was not unknown 
 to their fellow-members ; but the desires, purposes, 
 and feelings of the greater number were to be ascer 
 tained and harmonized. John Adams, from the 
 time of his appointment, had, with unwonted tact, 
 been indefatigable in his endeavors to accomplish 
 this among the more Northern ones, and, since his 
 arrival, had sought to learn how far the Southern 
 heart beat responsive to the patriotic pulsations 
 nearer home. As he wrote, " Here is a diversity of 
 
56 THE LIFE AND TIMES OF JOHN JAY. 
 
 religions, educations, manners, interests, such as it 
 would seem impossible to unite." Few slaves were 
 found north of Maryland, which rendered the sections 
 different in their habits of life, manners, and general 
 character. Would the representatives from the two 
 cordially agree? Upon their unity every thing 
 depended. A sense of the injustice of England, 
 however, pervaded both. 
 
 The proposal of a congress had met with general 
 approval, and its members were hospitably enter 
 tained by the citizens of Philadelphia. They con 
 vened for the transaction of business in an unadorned 
 building tendered by the carpenters of the city. 
 Out of compliment to the important Province of 
 Virginia, the presidency was conferred on Peyton 
 Randolph, the speaker of her House of Burgesses. 
 He was a distinguished lawyer, had formerly been 
 attorney-general, and possessed great popularity at 
 home. Charles Thomson was appointed secretary. 
 Happy in the present, and not dreaming of the 
 immortality in store for his name, he was roaming 
 along the street with his bride when summoned to 
 this new duty, and was taken at once to the hall, 
 and inducted into office. He says, that, as he walked 
 up the aisle, deep thought and solemn anxiety were 
 observable on every countenance. The members 
 were without precedent to guide them. They were 
 neither an executive government nor a legislature. 
 
THE CONGRESS OF 1774- 57 
 
 Their sole power was one of advice, yet they exer 
 cised greater authority than was ever intrusted to 
 any deliberative body. 
 
 America has never witnessed a gathering of men 
 of more marked ability, moral worth, dignity, and 
 weight of character, nor one more fully alive to the 
 grave duties imposed upon it, and the heavy responsi 
 bility attending their proper performance ; and never 
 was so important a trust executed with more general 
 satisfaction. With perhaps two exceptions, all of 
 the delegates were native born. A large number 
 were college graduates, and had been unhesitatingly 
 accepted as leaders by the people. All conditions 
 of society were represented ; wealth and labor sat side 
 by side ; the plain man and the cultured took counsel 
 together, for the questions at issue concerned all alike. 
 Chatham told Franklin that it was the most honor 
 able assembly since the times of Greece and Rome. 
 Massachusetts had sent her two Adamses ; Connecti 
 cut, her Sherman ; Maryland, her Chase and Paca ; 
 Carolina, her Rutledges ; while Virginia, besides her 
 Henry and Lee, gave that incomparable man, the 
 soldier and statesman, destined soon to bear 
 
 " On shoulders immense, Atlantean, 
 A burthen well-nigh not to be borne." 
 
 Jay was at that time twenty-nine years of age. 
 His eminent talents and exalted patriotism were 
 
58 THE LIFE AND TIMES OF JOHN JAY. 
 
 recognized at home, and his name was somewhat 
 known in Philadelphia. Though perhaps the young 
 est member of this dignified and able body, he 
 assumed a full share of its labors, and proved him 
 self no unworthy representative of the imperial 
 Province of New York. 
 
 Owing to the solemnity of the occasion, profound 
 silence reigned after its organization, to be broken 
 by the impassioned declamation of Patrick Henry, 
 who, depicting the wrongs of the colonies, scouted 
 the idea of sectional distinctions, exclaiming, " I am 
 not a Virginian, but an American," thus giving 
 utterance to his country s aspiration for nationality. 
 This revolutionary doctrine startled the more con 
 servative members. Jay thought that all govern 
 ment in America was not yet at an end, that the 
 measure of arbitrary power was not full, and that it 
 ought to run over before a new constitution should 
 be formed. Following in the same line as Henry, 
 Samuel Adams, a strong Congregationalist, arose, and 
 moved that a clergyman of the Church of England 
 might be requested to open the succeeding sessions 
 with prayer. 
 
 Our readers will remember an engraving entitled 
 "The First Prayer in Congress." At the desk, 
 arrayed in the vestments of his sacred office, is seen 
 the Rev. Mr. Duche ; while grouped around are Pres 
 byterian and Quaker, Baptist and Episcopalian, 
 
THE CONGRESS OF 1774. 59 
 
 the difference in creed forgotten, joining in suppli 
 cation to the Most High to enlighten them, and 
 guide them to the restoration of harmony with the 
 mother country. None of them, save, perhaps, that 
 veritable tribune of the people, Samuel Adams, as yet 
 looked forward to a separation ; but the conduct of 
 the King and Ministry in less than two years precipi 
 tated the colonies into independence. 
 
 For obvious reasons, Congress sat with closed 
 doors ; and, unfortunately, no record was preserved 
 of measures which failed of its approval, nor of 
 remarks made from time to time. Hence, for a 
 knowledge of its proceedings, we are compelled to 
 rely upon the papers that it spread before the world, 
 aided by the scanty reminiscences of some of the 
 more important actors on the scene. It is known, 
 however, that a spirit of concord reigned over its 
 counsels, that unity prevailed ; and all prejudices, if 
 entertained, were, for the time, made to give place 
 to questions concerning the general welfare. 
 
 No limit had been fixed to the number of delegates 
 from each colony, and the larger ones claimed a pro 
 portionate weight ; but, as no trustworthy estimate 
 of their wealth and population could be obtained, it 
 was agreed that all should possess an equal vote. 
 Here, perhaps, we may detect the germ of what is 
 more fully developed in the present Constitution. 
 The Congress itself professed to voice the sentiment 
 
60 THE LIFE AND TIMES OF JOHN JAY. 
 
 of the people ; and having admitted the equal right 
 of the colonies, as suc/i, we recognize in it the future 
 Senate and House of Representatives. Virginia had 
 instructed her delegates not to go beyond the then 
 existing reign in stating their grievances ; and, as 
 this policy met the approval of those from Maryland 
 and North Carolina, all confined themselves to prac 
 tical issues, and, unlike the French National Assem 
 bly, forbore to enter upon the wide and boundless 
 field of theoretical and abstract rights. 
 
 After an interchange of views, they resolved upon 
 the course proper to be pursued. It was deemed 
 advisable first to demonstrate to the world the abso 
 lute justice of their cause, thereby uniting America, 
 and conciliating the friends of constitutional liberty 
 in England ; in the second place, to endeavor to 
 obtain relief by carrying an humble petition to the 
 foot of the throne. They next determined to appeal 
 to the interest of their fellow-subjects at home, and, 
 in order to render this more effective, to suspend all 
 commercial intercourse with them until the cause of 
 the troubles should have been removed. In further 
 ance of the first measure, two papers were agreed 
 upon. In the one, the people represented in Con 
 gress were exhorted to bear their present trials with 
 firmness, and hold themselves in readiness for future 
 contingencies. The other was an address to the 
 unrepresented .colonists, asking their concurrence, 
 and soliciting their assistance. 
 
THE CONGRESS OF 1774. 6 1 
 
 These various subjects were placed in charge of 
 appropriate committees, which in every case included 
 some of the ablest delegates in attendance. The 
 one to whom the first was referred, prepared a sum 
 mary of the rights of the people of America, and 
 specified the different enactments infringing them. 
 It was understood to be the production of several 
 hands, and eloquently, logically, and unanswerably 
 covered the entire questions at issue. The rights 
 asserted were those which had before been enjoyed 
 unquestioned, life, liberty, the possession of prop 
 erty, and the privilege of assembling for the discussion 
 of public affairs ; in addition to these the concessions 
 which had been made by the charters, together with 
 the benefit of the common law of England, and such 
 statutes as were in force at the time the colonies 
 were planted. Then followed an enumeration of the 
 various instances in which these rights had been 
 violated by Parliament, and a demand for the repeal 
 of its Acts as essential to the restoration of harmony 
 between the countries. By the publication of such 
 a document, Congress laid aside its provincial char 
 acter, and, as the representative of the whole country, 
 assumed a national attitude before the world. 
 
 The proceeding next in importance was an address 
 to the people of Great Britain, and the task of pre 
 paring it was intrusted to Jay. Impressed with the 
 seriousness of the undertaking, and realizing that it 
 
62 THE LIFE AND TIMES OF JOHN JA Y. 
 
 required the utmost exertion of his youthful powers, 
 he left his lodgings, barred himself in a room, and 
 there composed that paper which Jefferson, without 
 knowing the author, declared came from the first 
 pen in America, and which was regarded by Webster 
 as "standing at the head of the incomparable pro 
 ductions of the first Congress." "It would be diffi 
 cult, says a profound critic, " to select from them one 
 better adapted by the choice and illustration of its 
 topics to the purpose for which it was designed, or 
 one more remarkable for its fervid and manly elo 
 quence." In terse and glowing language, it called 
 upon the English people to witness their loyalty and 
 attachment, and their willingness to contribute to 
 the common defence of the empire ; claimed that 
 none of the rights of freemen had been forfeited by 
 emigration ; pointed out the wrongs sustained ; the 
 violent invasions of the cherished principles of con 
 stitutional government ; and invoked them, as they 
 valued their own liberties, to refrain from trespassing 
 upon those of their fellow-subjects. 1 It at once 
 established the reputation of the writer, and gave 
 him an ascendency which he never afterwards 
 lost. 
 
 The petition to the king was drawn by Dickinson, 
 who, after reviewing the recent enactments of Parlia 
 ment, declared that their bare recital justified his 
 
 1 See Appendix A. 
 
THE CONGRESS OF 1774. 63 
 
 subjects in flying to the foot of the throne of the 
 sovereign, and asking his interposition in their behalf. 
 
 A protest was also made against having a standing 
 army quartered in America, the closing of Boston 
 Harbor, and the bill legalizing the Catholic religion 
 in the Province of Canada. Inspired by a spirit of 
 freedom, the members further resolved not to be 
 concerned in the slave-trade after the following 
 December, nor to hire vessels, or sell supplies, for 
 that purpose. Commercial non-intercourse was to 
 be established until England should have withdrawn 
 her illegal pretensions, and the appointment of com 
 mittees at the different ports was recommended for 
 its enforcement. 
 
 Public interest throughout the country had been 
 quickened by the meeting of Congress ; and the 
 result of its deliberations was looked for with impa 
 tience by both friend and adversary, the former 
 with apprehension lest discord should arise, or im 
 proper measures be recommended; the latter fer 
 vently hoping that either or both might prove the 
 case, the timid fearing that its expression of feel 
 ing would be pitched too high ; the ardent dreading 
 that hesitating counsels might prevail. When, how 
 ever, at the close, its proceedings were made known 
 to an expectant world, all were surprised at the sound 
 judgment, dignity, and moderation, which, in general, 
 marked its action. It had unknowingly performed a 
 
64 THE LIFE AND TIMES OF JOHN JAY. 
 
 great work. The papers emanating from it were 
 highly commended for their ability and research, 
 eliciting marked consideration from distinguished 
 persons at home and abroad. Their solemnity and 
 firmness of tone, combined with an evident desire to 
 heal the breach, won for Congress the support and 
 confidence of the thoughtful and discreet. The 
 Whigs gave them a cordial approval, and the Tories 
 could only find fault with the non-importation policy 
 recommended. To form a correct estimate of them, 
 they must be contrasted with the record made, not 
 many years later, by the French Assembly and Con 
 vention. Chatham wrote, " I have not words to 
 express my satisfaction that the Congress has con 
 ducted this most arduous and delicate business with 
 such manly wisdom and resolution." 
 
 The documents issued were well calculated to 
 arrest attention, and, while uniting the colonies in 
 opposition to ministerial pretensions, were, at the 
 same time, not unsuccessful in influencing public 
 opinion in England. The ministry had heretofore 
 been sustained by all classes in that country. Now, 
 when the arbitrary and unconstitutional nature of its 
 measures was demonstrated ; the king assured, in im 
 pressive language, that resistance would follow their 
 enforcement; and his justice invoked, the public 
 might well question the wisdom of their past course, 
 and hesitate as to its continuance. The papers, 
 
THE CONGRESS OF 1774- 65 
 
 when laid before Parliament, furnished Chatham 
 with an occasion for expressing this feeling, which, 
 spreading abroad, so strengthened the Whigs, that 
 the King and Ministry had, in a few years, to suc 
 cumb to the general conviction, that the principles 
 for which the Americans were contending, were those 
 which had a century before deprived the Stuarts of 
 their heritage, and placed the House of Hanover 
 upon the English throne. 
 
 Swift had, in the previous century, recommended 
 non-intercourse to Ireland; but, judged by subse 
 quent developments, the expediency of America s 
 adopting it may well be doubted. Its efficiency in a 
 former instance was unquestioned, and she antici 
 pated a period of commercial restriction rather than 
 a long and disastrous war. Still, the condition of 
 affairs was changed. Trade between the countries 
 was already languishing, and its entire suspension 
 was particularly injurious to the interests of their 
 supporters abroad. When hostilities began the fol 
 lowing year, the colonies were without the necessary 
 supplies, which might have been secured for the 
 emergency had trade continued unobstructed. 
 
 Parliament had enacted the Quebec bill as an 
 inimical measure, yet its condemnation was an un 
 worthy appeal to popular prejudice by those striving 
 for the preservation of their own freedom in State 
 and Church. They must later have been made pain- 
 
66 THE LIFE AND TIMES OF JOHN JA Y. 
 
 fully aware of the impolicy of their course, when, in 
 a few months, the Carrolls, with Chase and Franklin, 
 were sent to Canada for the purpose of encouraging 
 adherents, and allaying the hard feeling entertained 
 by the Catholics toward their Protestant brethren 
 across the border. 
 
 After remaining in session fifty-two days, Congress 
 finally adjourned. Before doing so, they, with saga 
 cious foresight, provided for another meeting the 
 following May. Such were some of the proceedings 
 of this august body of patriots, who now sought 
 their homes to diffuse among their neighbors the 
 same fervid and fearless spirit by which they them 
 selves were animated. The sword yet slumbered in 
 the scabbard ! 
 
THE CONGRESS OF 1775. 67 
 
 VII. 
 
 THE CONGRESS OF 
 
 WHEN Jay first went to Philadelphia, he was 
 scarcely known outside of his own province, 
 and had little weight therein. While surpassing its 
 other delegates in every thing but years, it seemed 
 then unlikely that he would exercise any marked 
 influence over the proceedings of Congress. The 
 patriotism, ability, tact, and mature wisdom displayed 
 by him in that assembly, had, however, won the con 
 fidence and respect of his fellow-members ; and he 
 retired from it with a wide-spread reputation, and was 
 recognized as a destined leader of the people of New 
 York in their further contest with arbitrary power. 
 
 The statesmanlike papers emanating from Con 
 gress were expected to operate silently upon public 
 opinion; but, in order to render non-importation 
 effective, the most energetic and efficient action was 
 necessary on the part of the several committees 
 intrusted with its enforcement. Whatever may have 
 been Jay s views as to this policy, he resolved to 
 carry it out to the fullest extent, and in accordance 
 
68 THE LIFE AND TIMES OF JOHN JA Y. 
 
 therewith to hold up to public odium all persons 
 guilty of its violation. 
 
 On his return home, he entered upon this unpleas 
 ant task, which was made the more disagreeable by 
 the fact that his committee of fifty-one had been 
 appointed for a specific and very different purpose. 
 The difficulty soon became apparent. The city was 
 already the seat of considerable commerce, and many 
 of its leading merchants were inimical to a measure 
 which would dry up a stream of wealth that had 
 heretofore flowed in upon them. As late as the pre 
 vious June, they had expressed their disapproval of 
 such proceedings, and were supported in their oppo 
 sition by the governor of the Province, together with 
 a large number of its landed proprietors. The pres 
 ence of a small military and naval force further 
 strengthened their determination to disregard the 
 congressional requirements. 
 
 The committee, finding themselves inadequate to 
 the new duties imposed upon them, called to their 
 assistance the citizens generally, who, at their sug 
 gestion, replaced them in May by another body con 
 sisting of one hundred members. Jay was of the 
 number, and, in conjunction with Duane, is supposed 
 to have prepared its articles of association. The 
 powers conferred upon it were undefined, and prac 
 tically embraced all subjects concerning the public 
 welfare, but were most justly and gently exercised. 
 
THE CONGRESS OF 1775. 69 
 
 The old committee had carried on an extensive 
 correspondence with patriotic organizations through 
 out the colonies, and this duty now devolved upon 
 its successor. Representing, as the latter did, every 
 class of the community, it soon evinced, by its energy, 
 the new spirit infused into it. All were called upon 
 to arm, and perfect themselves in military discipline. 
 Patrols were established, supplies for the British 
 troops at Boston inhibited, vessels watched, to pre 
 vent their discharging goods, the reshipment of those 
 improperly landed required, and enemies of the cause 
 held up to public indignation. The people of the 
 city appeared to have assumed sovereignty, and dele 
 gated all authority, except that of taxation, to this 
 irresponsible "committee of observation." Its vig 
 orous proceedings, even if they did not crush out 
 opposition, prevented any open expression of dissent 
 on the part of the Loyalists, thereby strengthening 
 the popular cause in other sections of the Province. 
 A letter, prepared by Jay, was addressed to the 
 Mayor and Livery of London, recapitulating Ameri 
 can grievances, and asserting that all the horrors of 
 civil war would never compel the country to submit 
 to parliamentary taxation. 
 
 The Whig merchants of the city were roused, and, 
 emulating their brethren of Boston, boarded a vessel 
 just from England, and emptied into the river eigh 
 teen chests of tea which they found on board. 
 
70 THE LIFE AND TIMES OF JOHN JA Y. 
 
 The time was now at hand when Congress was 
 again to meet. The Government abroad dreaded 
 any approach towards a union of the colonies ; and 
 the different executives had been instructed " to pre 
 vent the selection of delegates to a new congress, 
 and to exhort all persons to absent themselves, as it 
 cannot but be highly displeasing to the king." l 
 
 Their efforts, however, failed of effect. The for 
 mer mode of electing delegates in New-York City 
 was irregular, and there had been but a partial 
 representation at Philadelphia from other parts of 
 the Province. The committee of one hundred, there 
 fore, as the recognized Whig authority, recommended 
 that deputies should be chosen from the different 
 counties, to assemble in April for that especial pur 
 pose. The friends of the ministry, on this occasion, 
 rallied to defeat the movement in the city. They 
 afterwards affirmed that the election was marked by 
 riot and disorder. Judge Jones says that the Loyal 
 ists, numbering three-fourths of the legal voters, 
 marched in a body to the polls; but their adver 
 saries, having collected boys, unemployed sailors, and 
 negroes, threatened all who opposed them. The 
 
 1 Dunmore in Virginia was indiscreet enough to issue a proclamation, say 
 ing, " / am commanded by the king, and I do accordingly require all magis 
 trates and other officers to use their utmost endeavor to prevent any such 
 appointment of deputies, and to exhort all persons whatever within this 
 government to desist from such an unjustifiable proceeding so highly 
 displeasing to his majesty." 
 
CONGRESS OF 1775. 71 
 
 majority of the ballots cast was largely in favor of 
 sending the late members of Congress to represent 
 the city at Albany. The committee itself were not 
 satisfied with the manner of conducting the election, 
 and at Jay s suggestion set it aside, and held one 
 confined to the freemen and freeholders, when the 
 previous selection was unanimously ratified. The 
 convention came together on April 20, and remained 
 in session four days. It testified its approbation of 
 the conduct of the former delegates to Philadelphia 
 by re-appointing all except Lowe, who, at his own 
 request, was * excused from further service. With 
 them were now associated Clinton, Lewis Morris, 
 Schuyler, R. R. Livingston, and Francis Lewis. 
 
 The Whigs in the Assembly had failed in an attempt 
 to pass a vote approving of the proceedings of the 
 recent Congress, and were equally unsuccessful in 
 having delegates sent to the one to be held the follow 
 ing May. The landed property in the other colonies 
 was generally diffused, and formed a stable founda 
 tion on which to build liberal institutions ; while in 
 New York it was centred in the hands of a few who 
 were thereby allied in feeling to the aristocracy of 
 the mother country ; and the Assembly, by their in 
 fluence, became the supporter of her pretensions. 
 Resolutions passed by it, approving the course of 
 the ministers, gave great satisfaction abroad ; while 
 at home they were regarded as a desertion of the 
 
72 THE LIFE AND TIMES OF JOHN JA Y. 
 
 cause of America. The authorities became alarmed 
 at the situation of affairs, and ordered Tryon to 
 return, and make any reasonable concession to the 
 public demand. Had that governor been present, 
 his ability, energy, and popularity would have gone 
 far to sustain the king s supremacy. He was at the 
 time in England on leave of absence ; and the ex 
 ecutive duties of the Province had, in consequence, 
 devolved upon the aged Golden, a loyal and hon 
 orable man, but wholly unable to counteract the 
 aggressive and vigorous measures of the patriot lead 
 ers. He could offer little more than a passive resist 
 ance, and, in despair, wrote to Dartmouth early 
 in May, "The people have entirely prostrated the 
 power of government." With the news of independ 
 ence, the inhabitants of the city, breaking through all 
 restraint, seized the military stores, and, dragging 
 the king s statue from its pedestal at Bowling Green, 
 melted it into bullets with which to kill his troops. 
 
 In view of the disturbed condition of affairs, Jay s 
 committee prepared articles of association, pledging 
 the signers, under all ties of religion, honor, and love 
 of country, to repel every attempt by Parliament to 
 enforce taxation. As it had become evident that the 
 Assembly was not in accord with the prevailing sen 
 timent, they also took the bold resolution of calling 
 upon all voters in the Province to elect deputies to a 
 provincial congress. This having been carried into 
 
CONGRESS OF 1775. 73 
 
 effect, that body was installed in New-York City the 
 latter part of May. As the chosen representatives 
 of the people, it assumed the entire jurisdiction here 
 tofore exercised by the governor and legislature. 
 The last regular Assembly, under the authority of 
 the Crown, had been held early in April, when sep 
 arate petitions were sent to the King, Lords, and 
 Commons. Soon after this, Colden took up his resi 
 dence on board a ship belonging to his majesty, where 
 from time to time the loyal members met to issue 
 impotent enactments against popular sovereignty. 
 
 When Congress next met at Philadelphia, in what 
 is now known as the State House, its more advanced 
 members seemed imbued with the same determined 
 spirit that marked the opening of the Long Parlia 
 ment. The sound of musketry on Lexington Green 
 had not yet died away, and their patriotic pulsation 
 appeared to have been quickened by its reverbera 
 tion. They felt that peaceful measures to check the 
 current of tyrannical proceedings had been exhausted, 
 and that nothing remained but to throw off allegi 
 ance, and submit the question of independence to 
 the arbitrament of the sword. Hostile forces con 
 fronted each other at Boston. The king had 
 received their late petition with contemptuous indif 
 ference. Their courage had been ridiculed an 
 officer of rank, who had served in America, having 
 expressed the opinion in the House, that with five 
 
74 THE LIFE AND TIMES OF JOHN JAY. 
 
 regiments he could march through the entire country. 
 This arrogant speech had met with applause at a 
 time when Chatham s conciliatory proposals were 
 rejected with scorn. A cordial reconciliation with 
 England on terms honorable to their country seemed 
 to them to have become impossible. 
 
 While all of the members were actuated by the 
 same lofty patriotism, and evinced a firm determina 
 tion to maintain their liberties by force of arms, if 
 necessary, the larger number hesitated to take the 
 decisive step of independence, and restrained their 
 more impetuous brethren. Some, inspired by their 
 hopes, were still willing to confide in the justice and 
 magnanimity of the authorities : others, like Dickin 
 son, were " afraid of breaking the line of opposition 
 by advancing too hastily." They realized, that, in 
 such a movement, all the traditions and social influ 
 ences of Europe would be against them, and they 
 knew that many of the colonies were not yet ready 
 for a separation. The older, and the more circum- 
 pect members perhaps felt that, it was necessary to 
 demonstrate to the people that no means had been 
 left untried to settle the dispute amicably, and they 
 may also have thought that the course of the British 
 Government would eventually render a division of 
 the countries inevitable, and thus reconcile all to the 
 idea of independence. Washington and Jay might 
 for some time longer be classed among these. 
 
CONGRESS OF 1775. 75 
 
 * 
 
 Few changes had been made in the body, the 
 most notable being Pennsylvania s appointment of 
 Franklin upon his arrival from Europe. The same 
 president and secretary were elected as before. 
 Hancock, the speaker of the Massachusetts Provin 
 cial Congress, made his appearance as a delegate for 
 the first time, and, when Randolph left to preside 
 over the Virginia House of Burgesses, was chosen 
 as his successor. With a modesty not unnatural, 
 he hesitated to occupy the seat, when jovial Ben 
 Harrison, who was standing near, seized the new 
 officer in his athletic arms, and, placing him in 
 the chair, exclaimed, "We will show Mother Brit 
 ain how little we care for her, by making a person 
 president whom she has excluded from pardon." 
 Randolph s seat in the delegation was filled in 
 June by Jefferson, then a tall, raw-boned youth, 
 with sandy hair and gray eyes, a few months older 
 than Jay. Though unable to address an assem 
 bly, he brought with him a well-established repu 
 tation as a vigorous and polished writer ; and his 
 fame was destined ere long to marvellously in 
 crease. 
 
 The divergence in views above referred to, caused 
 in the beginning some indecision. Hostilities had 
 already begun, and the army under Gage was be 
 leaguered in Boston. A formidable British arma 
 ment was expected at New York ; and the provincial 
 
76 THE LIFE AND TIMES OF JOHN JAY. 
 
 authorities, having sought information as to the 
 course to be pursued upon its arrival, were recom 
 mended not to permit the raising of any intrench- 
 ments, and to repel force by force. The General 
 Congress was not, however, prepared to advise that 
 the landing of the enemy should be resisted, or an 
 attack made upon them, even though their hostile 
 intention might be manifest. On the i8th of May, 
 three days after this halting reply, the taking of 
 Ticonderoga and Crown Point with their stores was 
 reported. Here was a clear case of aggressive war 
 fare on the part of the Americans. The king s forts 
 were captured, munitions seized, and his troops made 
 prisoners. This was high treason on the part of 
 Allen, unless the responsibility were assumed by 
 Congress, which was reluctant to sanction the act, 
 but was not willing to disavow it by surrendering the 
 property, and releasing the prisoners. Events, how 
 ever, rapidly brought a decision. Even before 
 Bunker Hill had roused the country, hesitation was 
 no longer displayed in making ready for the final 
 arbitrament. A week after the news from Ticon 
 deroga was received, it was unanimously resolved, 
 that as Gage, the British commander, had com 
 menced hostilities, the colonies should be put in a 
 state of defence, and the New-England troops 
 arrayed before Boston adopted as the Continental 
 Army. Privateering against English commerce was 
 
COA T GRESS OF 1775. 77 
 
 authorized, the American ports thrown open to the 
 world, and the last vestige of dependence effaced. 
 
 On June 15 the fortunate appointment of a com- 
 mander-in-chief was made. Washington, as we have 
 seen, was a delegate to the first Congress ; and 
 Patrick Henry declared, that, while others surpassed 
 him in eloquence, he was unquestionably the great 
 est man on the floor. He had been re-elected by 
 Virginia; and, in deference to his experience, the 
 task was assigned him of preparing regulations for 
 the government of the army, and of presiding over 
 all committees on military affairs. No fact more 
 strikingly illustrates the sagacity of his associates 
 than his unanimous election by ballot as the leader 
 of their forces in the approaching conflict. Only by 
 "the Con way Cabal" and its sympathizers was its 
 wisdom ever questioned ; and to his sound judgment, 
 unaffected modesty, dignity, and firmness of charac 
 ter, America was indebted for the harmony which 
 prevailed in all branches of service during the Revo 
 lution, and the entire subordination of the military 
 to the civil authority. It was mainly upon his sug 
 gestion that many of the general officers were chosen 
 to aid in the arduous work to be performed. He 
 thenceforth moved before his countrymen a cloud by 
 day, and a pillar of fire by night. The number of 
 important committees on which Jay was appointed 
 indicates the reputation which he had acquired the 
 
78 THE LIFE AND TIMES OF JOHN JAY. 
 
 year before, and this was still further increased by 
 the able documents emanating from his pen. The 
 decisions of a committee only are known. Its labors 
 are unseen, and of these he bore more than his 
 proportionate share. 
 
 A closer union of the colonies had always been a 
 favorite idea with the sagacious Franklin, who, ac 
 cordingly, laid before Congress a plan of confedera 
 tion. Such a movement was, however, too advanced 
 for the majority of the members, who looked upon it 
 as simply proposing independence without mention 
 ing the word. 
 
 A second petition to the king was signed individu 
 ally. When it was suggested early in the session, 
 it was objected that the -manner in which the first 
 had been received forbade another approach to the 
 throne : but Jay insisted, that, if the people were 
 called upon to take up arms, it must be shown them 
 that no proper effort had been spared to avert the 
 necessity; and he was accustomed in after-life to 
 speak of the auspicious influence of the second 
 appeal, attributing this to the fact that its rejection 
 left no alternative but resistance. The measure was 
 conceded most unwillingly, but the members were 
 still more adverse to any separate action of the kind 
 on the part of the colonies. Learning that the 
 Assembly of New Jersey, inspired by its Tory gov 
 ernor, contemplated petitioning his majesty, Jay, 
 
CONGRESS OF 1775- 79 
 
 Wythe, and Dickinson were deputed to visit that 
 body, and urge the impropriety of the proceeding. 
 The first two addressed it briefly, Wythe saying that 
 Congress had already done so, and that it was now 
 necessary to satisfy England that the Americans 
 would fight. Jay declared that the country had 
 nothing to expect from her justice or mercy; that 
 petitions were no longer the mode, but unanimity 
 and vigor the essential means, of procuring redress. 
 Governor Franklin s purpose of separating New Jersey 
 from the other colonies was thus defeated, and the 
 result was a prorogation of the Assembly the follow 
 ing day. 
 
 Amid active preparation for hostilities, Congress 
 was not unmindful of friends abroad who had shown 
 sympathy with the cause. It issued an address to 
 the people of Great Britain, and another to the Cor 
 poration of London. In the former, any desire for 
 independence was disclaimed, and a willingness ex 
 pressed to be bound by all Acts relating to navigation 
 passed prior to the close of the Seven Years War; 
 but at the same time a determination was avowed to 
 resist all further encroachments on colonial rights. 
 In the second address, the city was thanked for the 
 interest it had before manifested, and a continuance 
 of its good offices solicited. Nor were Jamaica and 
 Ireland overlooked. The latter had seized the oppor 
 tunity to extort concessions from the Imperial Gov- 
 
80 THE LIFE AND TIMES OF JOHN JA Y. 
 
 ernment, and her threatening attitude had detained 
 troops which would otherwise have reached America 
 at a critical moment. In addressing her people, Jay 
 said, " Blessed with an indissoluble union, with a 
 variety of internal resources, with a firm reliance on 
 the justice of the Supreme Disposer of all human 
 events, we have no doubt of rising superior to all the 
 machinations of evil and abandoned ministers. . . . 
 Accept our most grateful acknowledgments for the 
 friendly disposition you have always shown toward 
 us. ... We should be wanting to ourselves, we 
 should be perfidious to posterity, we should be un 
 worthy of that ancestry from which we claim our 
 descent, should we submit with folded arms to mili 
 tary butchery and depredation to gratify the lordly 
 ambition, or sate the avarice, of a British minister. 
 For the defence of our persons and properties we 
 have taken up arms. When that violence shall be 
 removed, and hostilities cease on the part of the 
 aggressors, they shall cease on our part also." 
 
 Every arrangement having been made for the 
 coming struggle, Congress published to the world a 
 declaration of the causes and necessity of taking up 
 arms. Dickinson and Jay were both on the commit 
 tee which prepared this admirable document, though 
 it is understood to be from the pen of the former. 
 In it he said, that the arms which they had been com 
 pelled by their enemies to assume, they would, in 
 
CONGRESS OF 7/75- 
 
 defiance of every hazard, employ for the preservation 
 of their liberties, being with one mind resolved to 
 die freemen rather than live slaves. He declared 
 further, " We have counted the cost of this contest, 
 and find nothing so dreadful as voluntary slavery. 
 Our cause is just, our union perfect, our resources 
 great, and foreign assistance is undoubtedly attain 
 able." 
 
 Having perfected all measures deemed requisite 
 for the occasion, Congress appointed a day of fasting 
 and prayer, to invoke the divine blessing upon their 
 suffering country. They had been in session for 
 eighty days, occupied with weighty duties, when, 
 owing to the heat, and their inability to proceed 
 without awaiting further developments, they invested 
 a committee with essential powers, and adjourned, to 
 meet again in September. 
 
82 THE LIFE AND TIMES OF JOHN JAY. 
 
 VIII. 
 
 INDEPENDENCE. 
 
 WHEN Congress assembled at the appointed 
 time, the effect of its late action upon the 
 King, Ministry, and Parliament had become known. 
 No conciliatory steps had been taken by any of them, 
 and their proceedings all indicated a settled deter 
 mination to reduce the colonies to unconditional 
 submission by the iron hand of military power. The 
 petition to the king was a last effort to heal the 
 breach ; and on its failure, Jay felt that nothing more 
 could be hoped for from the authorities abroad, and 
 was thenceforward in full accord with those advocat 
 ing an immediate separation. 
 
 Troops had been hired in Germany ; and an impos 
 ing land and naval force, under the command of the 
 brothers Howe, was being concentrated for the sub 
 jection of the associated colonies. Every prepara 
 tion within the scope of the limited powers of 
 Congress had already been made to meet the emer 
 gency, and its further duties were, for the time 
 being, merely executive. It called upon the prov- 
 
INDEPENDENCE. 83 
 
 inces open to invasion for additional troops, ordered 
 the erection of fortifications at exposed points, rec 
 ommended the securing and removal to the interior 
 of all persons actively inimical to the American cause, 
 and, thus occupied with details properly belonging 
 to subordinate civil officers, could only await the 
 threatened event with calmness and resolution. 
 
 When Dickinson declared that foreign assistance 
 was undoubtedly obtainable, he little dreamed that 
 his prediction would so soon be fulfilled. In Novem 
 ber he was appointed on a secret committee, with 
 Franklin, Jay, and two others, to correspond with 
 friends of the cause abroad. Arthur Lee was then 
 in London ; and Franklin at once wrote to him, as 
 well as to Dumas at the Hague, to sound the minis 
 ters of France and other sympathizing powers, and 
 learn what encouragement and aid might be expected 
 in the event of a separation from the mother country. 
 His letters had hardly been despatched, when a 
 meeting was called at night, to which the members 
 proceeded by different routes, in order to escape 
 observation. Sieur Bonvouloir, who had been em 
 ployed by the French ambassador at London, made 
 his appearance as a well-disposed individual having 
 some useful acquaintances at Paris. He did not ex 
 hibit any papers, and was very guarded in his expres 
 sions, but intimated that France would shut her eyes 
 to the purchase and shipment of warlike stores, 
 
84 THE LIFE AND TIMES OF JOHN JAY. 
 
 said he could select good agents for them in that 
 country, and warned them against sending a pleni 
 potentiary, as whatever happened in Paris was imme 
 diately known in London. He seemed impressed 
 with the prudence of the committee, and wrote to 
 his employer, " The sound heads who compose the 
 select council are acting discreetly." Such were the* 
 first overtures which France and America almost 
 simultaneously made to each other. 
 
 We are apt to conceive of the Continental Con 
 gress as resembling in constitution an American 
 Congress of the present day, endowed with full legis 
 lative authority, having its duties plainly set forth, 
 and its powers carefully defined. Such a conception 
 is entirely fallacious. It could only recommend, not 
 legislate. It was simply a grand committee, organ 
 ized for mutual support, and protection against the 
 enemy, and its influence was dependent upon the 
 wisdom of its proceedings. Keeping this knowledge 
 steadily before them, the members moved cautiously, 
 but still forward, being always well abreast with 
 public sentiment, if not somewhat in advance of it. 
 
 The progress of the quarrel had stimulated the 
 people to assume an attitude towards -the supreme 
 government which could be justified only by a 
 further movement in the same direction. The king s 
 authority in many places had been thrown off ; his 
 officials superseded or punished for enforcing the 
 
INDEPENDENCE. 85 
 
 laws of Parliament, and open warfare waged against 
 his armies : yet allegiance was held to be due a sover 
 eign thus contemned, and justice was professedly 
 administered in his name. The bonds which held 
 society together were loosened at every point, and 
 it was sustained only by general forbearance. The 
 Anglo-Saxon reverence for the forms of law was too 
 deeply embedded in the nature of the people for this 
 condition of things to last. 
 
 With the beginning of the new year, the advisa 
 bility of a formal separation from England began to 
 be discussed in all circles. American trade had 
 been thrown open to every nation ; and, undeterred 
 by the threatened invasion, public opinion rapidly 
 tended toward independence. As yet, in some sec 
 tions, its approach aroused grave apprehension ; and 
 Congress therefore proceeded with caution to a con 
 summation which the majority at last realized to be 
 inevitable. In the previous November, New Jersey 
 had expressed her "detestation of such opinions," 
 the "extreme abhorrence of such sentiments," and 
 directed her delegates "to utterly reject any propo 
 sition of the kind." Maryland, in the January follow 
 ing, had instructed hers to entertain no proposal 
 looking to a separation; while the important Prov 
 ince of Pennsylvania was equally opposed to such a 
 movement. 
 * On May 15, on the motion of John Adams, a reso- 
 
86 THE LIFE AND TIMES OF JOHN JA Y. 
 
 lution was passed, recommending those colonies, 
 "which have not already established suitable govern 
 ments, to adopt such as will best conduce to the 
 safety of their constituents and America in general." 
 Its passage was regarded by the mover as virtual in 
 dependence. In pursuance of this advice, the king s 
 authority, where still existing, was stricken down, and 
 the sovereign power thenceforth lodged with the 
 inhabitants. One step further was necessary, and 
 that speedily followed. Only nine days were per 
 mitted to elapse, before a committee was appointed, 
 "to take the subject of independence into considera 
 tion." Mr. Lee s resolution, declaring the colonies 
 free and independent States, was favorably reported, 
 a day named for its discussion, and Jefferson, Frank 
 lin, Adams, Livingston, and Sherman were ordered 
 to prepare a declaration suitable for the occasion. 
 On June 10 the debate opened, and was conducted 
 with animated feeling on both sides. The opposition 
 was based almost exclusively upon the inexpediency 
 of the measure at that juncture. Pennsylvania had 
 seven delegates present, most of whom felt bound to 
 regard the instructions heretofore given them, as did 
 those from Maryland and New Jersey the former 
 being equally divided : the representatives from 
 New York had received no directions upon the sub 
 ject. Unanimity was essential in a matter of such 
 great weight ; and the majority was therefore con- 
 
. INDEPENDENCE. 8/ 
 
 strained to prolong the discussion, and await the 
 flood-tide of independence rolling in upon the 
 country. 
 
 On June 21 New Jersey authorized her delegates, 
 "if deemed necessary and expedient, to concur in the 
 measure." Four days afterward, Pennsylvania took 
 similar action, and was soon followed by Maryland. 
 The New-York delegates, though unable to vote, 
 assumed the responsibility of sanctioning it ; while 
 those from Delaware before divided gave it their 
 approval. The ever memorable day in July wit 
 nessed all of the thirteen colonies, through chosen 
 representatives, yielding their assent to that act 
 which forever marks an epoch in the world s history, 
 and has quickened the people of all nations to higher 
 aspirations in the cause of freedom, and whose 
 influence will doubtless be traced for many genera 
 tions to come. The declaration was ordered to be 
 engrossed on parchment ; and on Aug. 2, having 
 been laid before Congress, it was signed by the 
 members generally. Some who had voted for it 
 were absent on public business, while several affixed 
 their names who were not present at the time of its 
 adoption. The Howes, ere this, were at Staten 
 Island with their armament ; and Carleton, having 
 expelled the Americans from Canada, was on Lake 
 Champlain ; yet Ellery, who placed himself by the 
 side of the secretary, and eyed each delegate as he 
 
88 THE LIFE AND TIMES OF JOHN JA Y. 
 
 approached, declares that he saw nothing but daunt 
 less resolution on every countenance. 
 
 Turgot had supposed that the colonies would, like 
 fruit when fully ripe, drop naturally from the parent 
 stem ; but the suspicions of the home authorities, and 
 their contracted, illegal, and ungenerous treatment 
 of their dependencies across the Atlantic, resulted in 
 a premature separation of the countries. At the 
 close of the Seven Years War, England, intoxicated 
 with military glory, had become haughty, supercil 
 ious, and domineering, forgetting that a portion of 
 the same blood shed by the Ironsides at Marston 
 and Naseby flowed in the veins of her progeny in 
 the New World. Men in Britain had ceased to bend 
 the knee to rank, but the power of the people had 
 not yet become greater than that of the aristocracy. 
 More than a century of training in local self-govern 
 ment had fitted the American people to assume 
 entire control of their affairs. 
 
 When we revert to the condition of the colonies, 
 weak, defenceless, without allies, and threatened by 
 an overwhelming naval .and military force, we are 
 struck by their moral heroism, grandeur, and magna 
 nimity in throwing down the gauntlet before a potent 
 nation which had recently humbled the House of 
 Bourbon. 
 
 A wrong impression is conveyed to the popular 
 mind by speaking of America s assertion of inde- 
 
INDEPENDENCE. 89 
 
 pendence as a revolution. Burke pronounced it one 
 prevented, and there was little about it partaking 
 of a revolutionary character. While the French 
 leaders sought to destroy all connection between 
 their nation s present and its past, the Fathers of 
 America, more wise, strove to rupture as few ties as 
 possible. The principles of the common law were 
 not impaired, and even its forms were held sacred. 
 There was no subversion of the established order. 
 The administration of public business in the new 
 States retained its old methods, and justice was dis 
 pensed in the same manner as before. This so- 
 called revolution, like that of England in 1688, was 
 merely a change of dynasty to secure the liberty of 
 the subject. They renounced their allegiance to 
 the sovereign, not because he was a king, nor from 
 a desire to improve the existing institutions, but 
 because his measures tended to break down the safe 
 guards which protected their inherent rights, privi 
 leges, and immunities. The object was to preserve 
 these, and the legal system and framework of society 
 remained essentially the same after it had been ac 
 complished. Like the slender cord which connects 
 the infant with its parent, the bond of allegiance 
 once severed, each people has grown the stronger 
 and more robust in an independent political sphere. 
 It is also a mistake to think that the cause of 
 independence was unanimously sustained in the 
 
QO THE LIFE AND TIMES OF JOHN JAY. 
 
 colonies. In all of them, there was a large and influ 
 ential minority opposed to a separation from the 
 mother country. Many, who in the beginning were 
 hostile to the measures of the ministry, shrunk back, 
 and withdrew their support from Congress, when it 
 became manifest that military force was requisite to 
 maintain colonial rights. The rule of the home gov 
 ernment had not been oppressive ; it touched them 
 at few points : and the question at issue was, in its 
 earlier stages, as much one of abstract principle as 
 the removal of a practical grievance. The revolu 
 tion was started by the people in Massachusetts, and 
 by the upper classes in Virginia. 
 
 The settlements made in America were confined 
 to a narrow strip of territory, which, like a ribbon, 
 bordered the Atlantic coast. Widely separated by 
 almost impenetrable forests and rapid streams, and 
 connected by few roads, their occupants held little 
 intercourse, being as diversified in character as the 
 size of the provinces, or the nationalities from which 
 they sprung. Franklin at one time supposed that 
 the jealousy existing among them would prevent 
 their ever uniting. From England two classes had 
 emigrated ; the one settling in the East, where the 
 farms were of limited extent, and poor, affording but 
 a modest living to a frugal family, even when each 
 member contributed his proportionate share of labor. 
 Contending against a rugged climate, the inhabitants 
 
I UNIVERSITY 
 
 .\^|u^ 
 
 INDEPENDENCE. 91 
 
 grew hardy and self-reliant, asking no assistance from 
 their neighbors except in cases of great emergency. 
 
 In Virginia, on the other hand, the land was held 
 in large tracts, frequently entailed, and was worked 
 by slaves, the proprietors living apart in a patriar 
 chal manner. Regarding their fair complexion as a 
 badge of freedom, they were aristocratic, high- 
 spirited, and given to a generous hospitality. The 
 same love of independence was fostered by isolation 
 in the one case as by proximity in the other. All 
 the settlers looked upon England with affection, and 
 were bound to her by family and business ties, more 
 numerous and intimate than those connecting them 
 with each other. It was hardly to be expected that 
 they would cast aside their religious, social, and colo 
 nial prejudices, and combine to overthrow by vio 
 lence a government more liberal than was that of any 
 other parent state, and one under whose protection 
 they had heretofore enjoyed unexampled prosperity. 
 
 John Adams, " The Martin Luther of the Revolu 
 tion," estimated that one-third of the colonists were 
 opposed to a separation. The great number of 
 refugees who accompanied Howe from Boston to 
 Halifax, indicates that, in that hot-bed of rebellion, 
 loyalty to the sovereign still burned in the bosoms 
 of a large portion of the population. It is probable 
 that more supporters of the king were to be found 
 in the important Province of New York, where a 
 
92 THE LIFE AND TIMES OF JOHN JA Y. 
 
 landed aristocracy existed, than in any other. Gene 
 ral Greene thought that not more than one-third of 
 the real estate was held by those who favored the 
 American cause. The people in the interior dis 
 tricts recoiled from an armed conflict, and those 
 dwelling on its long line of frontier dreaded the 
 horrors of a savage inroad. Queens, one of the 
 most populous of the rural counties, was almost 
 unanimously opposed to the Whig proceedings, re 
 fused to hold elections when ordered by the patriots, 
 and was finally placed beneath the ban of the State 
 for its contumacy. 
 
 Virginia, under the leadership of her eminent sons, 
 took an early and decided stand in support of con 
 stitutional principles, Maryland soon following her 
 lead. Opposition to Congress largely prevailed in 
 the Carolinas, where there had been an influx of 
 emigrants from Scotland, who had been "out" in 
 45. Pitt had not been without success in his efforts 
 to secure for the House of Hanover the adherents 
 of the Young Pretender, who were now strenuous 
 in upholding the arbitrary measures of those who 
 had supplanted the Stuarts upon the throne of 
 England. The ministry, disconcerted by the general 
 resistance, were influenced by the advice of refu 
 gees, who, inspired by their hopes or personal in 
 terests, naturally misrepresented the condition of 
 affairs. 
 
INDEPENDENCE. 93 
 
 In the early stages of the contest, wherever the 
 British appeared, they were welcomed by friends, and 
 furnished with needed supplies. These, however, 
 soon refused to render them any open assistance, as, 
 upon the withdrawal of the troops, they found them 
 selves left without protection to the scorn of their 
 neighbors, and the tender mercies of the authorities. 
 When the character of the war was changed by 
 Germaine, the sanguinary proceedings of the soldiers 
 in some of the States drove friend and foe alike to 
 arms. In fact, the failure of the British was largely 
 due to the many Tories in the colonies. Remember 
 ing the great number of Americans who had partici 
 pated in the French war, and relying upon their 
 professions, the ministry at first supposed that it 
 would require but a moderate European force to 
 restore peace, as volunteers could be readily pro 
 cured from the loyal classes. The result showed 
 that comparatively few were willing to leave their 
 families and comfortable homes to encounter the 
 hardships of a soldier s life, for the purpose of sus 
 taining a cause in which they had little direct con 
 cern. Of the small body of recruits obtained, the 
 most efficient organizations were Ferguson s corps, 
 demolished at King s Mountain, and Simcoe s cele 
 brated rangers, who, from their knowledge of the 
 country, alone proved very serviceable to the side on 
 which they were enlisted. 
 
94 THE LIFE AND TIMES OF JOHN JAY. 
 
 In reviewing the events of this period, the student 
 is impressed by the weakness which, with rare excep 
 tions, characterized the different cabinets from the 
 beginning of the trouble down to the close of the 
 Revolution. To carry out the sovereign s wishes 
 was the touchstone by which to retain office ; and in 
 consequence, statesmen of spirit and capacity were 
 debarred his counsels, and driven into opposition. 
 There was among them no commanding mind, like 
 Chatham in his prime, to call into action the re 
 served strength of the nation. Second and third 
 rate men filled the higher departments. Under the 
 inspiration of the king, ministers had entered upon 
 a system of measures, clearly unconstitutional, which 
 they had been warned would meet with resistance ; 
 yet instead of being prepared to overcome this, or 
 to recede from their designs, they acted throughout 
 in a feeble and vacillating manner, forming plans 
 with little consideration, and intrusting their execu 
 tion to agents without capacity or enterprise. The 
 situation demanded the highest order of military 
 genius, yet the task of subduing the colonies was 
 confided to commanders like Howe and Clinton. 
 
 In the beginning, some movement was made 
 toward placing Lord Clive at the head of the army 
 in America. Had this been carried into effect, there 
 is little question that independence would have been 
 postponed for many years. If that "heaven-born 
 
INDEPENDENCE. % 95 
 
 general" had landed, as did Howe, at the head of 
 thirty thousand well-appointed troops, he would 
 never have permitted Washington to escape over 
 East River after the victory of Long Island, nor 
 have paused in the pursuit of his reduced and dis 
 pirited forces across the Jerseys. Philadelphia would 
 have been captured at once, and the tide of disaster 
 have remained unturned by the surprise at Trenton. 
 The Americans had already been driven from Canada, 
 and gloom prevailed everywhere. A crushing de 
 feat at that time, before France had entered upon 
 the scene, must have given a finishing stroke to the 
 patriot cause. The States were not closely welded 
 together. They were " still in the gristle, and not 
 yet hardened into the bone of" nationality. Con 
 gress was a board of consultation, almost impotent 
 for the exercise of sovereign functions, and did not 
 dare provide a revenue, nor make a requisition upon 
 its constituents, though its paper issues were daily 
 becoming more and more discredited. 
 
 Under these circumstances, with the American 
 troops dispersed, and New York and Philadelphia 
 held by a small garrison, all the States south of New 
 England could have been kept in subjection, and 
 that section ultimately reduced. But with Howe as 
 commander of the British, American independence 
 was already achieved. Bunker Hill decided the con 
 test. It had been sedulously asserted that the colo- 
 
96 THE LIFE AND TIMES OF JOHN JAY. 
 
 nist was timorous by nature, and would not encounter 
 regulars. The bloody repulse, so unexpectedly sus 
 tained in his attempt to carry that redoubt, dispelled 
 this illusion from Howe s mind, and taught him a 
 lesson which he never forgot. He dreaded a repe 
 tition, and hence permitted opportunities to pass 
 which a bolder and more enterprising leader would 
 have improved. 
 
 Before a separation was declared, there had existed 
 a division of sentiment among the Whigs as to the 
 policy to be pursued ; but now the issue was sharply 
 drawn between submission and entire independence. 
 The legal authority was thenceforth on the side of 
 the latter; and whatever difference of opinion may 
 have been entertained as to the expediency of the 
 declaration, no open expression of dissent was tol 
 erated, except under the protection of the British 
 flag. Each individual was called upon to take his 
 stand. The entire sovereignty was removed from 
 the king ; and, from necessity, the people assumed 
 control, and established governments in the several 
 States. The Confederacy ranged itself beside the 
 independent powers of the world, claiming a place in 
 the council-chamber of nations, and the rights to 
 which it was thereby entitled. These were yet to be 
 vindicated by the sword. 
 
 A common danger had brought the colonies to 
 gether, and preserved them in harmony, yet Congress 
 
INDEPENDENCE. 97 
 
 possessed no jurisdiction whatever over its constitu 
 ents. It could decree, but not execute. It was per-) 
 mitted to contract debts, but not to create a revenue 
 to- pay them ; to form treaties, but not to enforce 
 their provisions. Its inefficiency for the work in 
 hand became speedily manifest ; and ignoring the 
 popular voice, the Articles of Confederation were 
 prepared, conferring enlarged powers upon the cen 
 tral authority. Virginia, while assenting to them, 
 insisted that her boundaries extended indefinitely to 
 the West; but as that section of the country had 
 yet to be conquered at the expense of all the States, 
 and by their joint efforts and sacrifices, they de 
 manded that it should be held as a general heritage 
 to discharge the debt incurred during the war. 
 Desirous of protecting the Union, all finally acqui 
 esced except Maryland. The instructions to her 
 delegates alleged, " These lands have been grasped 
 from ambitious motives, and she (Virginia) has not a 
 shadow of right to these territories ;" and her Legis 
 lature proclaimed, the people of "this State consid 
 ered themselves justly entitled to a right, in common 
 with the other members of the Union, to that exten 
 sive tract of country which lies to the westward of 
 the frontiers." Although yearning for a closer con 
 nection with her sisters, she remained firm in her 
 determination not to agree to the proposed instru 
 ment until this question should have been settled to 
 
98 THE LIFE AND TIMES OF JOHN JAY. 
 
 her satisfaction ; saying, however, " We will accede 
 to the Confederation, provided an article, or articles, 
 be added thereto, giving full power to the United 
 States, in Congress assembled, to fix the western 
 limit of the States claiming to extend to the Missis 
 sippi or South Sea, and expressly reserving to the 
 United States a right in common in and to all the 
 lands lying to the westward of the frontier afore 
 said." Virginia was forced to yield to the pressure 
 thus placed upon her : and it is safe to say, that, 
 without this withdrawal of her pretensions, the " per 
 petual union " of the Confederation, and the " more 
 perfect union " desired by our fathers, could never 
 have been established ; for, with her domain reach 
 ing to the Mississippi, she would doubtless have 
 formed a separate and independent commonwealth. 
 
NEW- YORK CONVENTION. 99 
 
 IX. 
 
 NEW-YORK CONVENTION. 
 
 THOSE were no light words by which the patriot 
 leaders pledged their lives and fortunes to the 
 maintenance of a declaration severing all connection 
 with Great Britain. It is true that her authority had 
 been overthrown, and that she possessed at the mo 
 ment no military force within the disrupted provinces : 
 yet the ministers had affirmed in Parliament, that, the 
 sword being drawn, measures would be pursued to 
 enforce complete submission ; and armies, forming, 
 like a dark cloud, near the frontiers, threatened to 
 overwhelm the newly created nationality. The subse 
 quent period stands out as among the darkest in the 
 revolutionary annals. Decimated by sickness, and 
 discouraged by reverses, the Americans had been 
 disastrously expelled from Canada. No ally had as 
 yet dared openly extend a helping hand. Like raw 
 recruits, the States had not learned to rely upon each 
 other, and distrust existed among them. Their 
 paper money was declining in value, and there was 
 no provision made for the future support of a mili 
 tary force. Before the declaration was signed, a plot 
 
100 THE LIFE AND TIMES OF JOHN JAY. 
 
 had been discovered, formed by the Tories of New 
 York, to make away with Washington and other 
 officers of rank, and thus compel the surrender of 
 the city to the British upon their arrival. General 
 depression prevailed among the Whigs of the State, 
 and McDougal wrote to Jay, that men of influence 
 refused to accept commissions in the militia, and 
 these positions had gone begging for many weeks. 
 To encourage others by his example, the latter 
 entered the military service. 
 
 The British authorities had early suspected that 
 America was looking forward to a separation ; and 
 they consequently determined, while obtaining a 
 revenue from her, to draw still tighter the bonds of 
 colonial dependence. Their recent proceedings had 
 satisfied Jay that this purpose would never be relin 
 quished without a deadly struggle, and that no recon 
 ciliation could at that time take place compatible 
 with the honor, freedom, and future advancement 
 of the country. He therefore believed the entire 
 independence of the colonies to be necessary to their 
 security, and had already in the General Congress 
 earnestly endeavored to prepare them in every way 
 for the contingency which had arrived. 
 
 While thus employed, he was elected to the Con 
 gress of his native province, which was again to as 
 semble in the city of New York, May 14, 1776, and, 
 at the request of his fellow-members, left Philadel- 
 
NEW- YORK CONVENTION. / 
 
 phia, and joined them eleven <days j tat er. Hd had 
 hardly taken his seat, when the resolutions advising 
 the establishment of adequate governments for the 
 separate colonies were received, and referred to him 
 and others for consideration. The delegates, while 
 authorized to exercise supreme jurisdiction, had so 
 far performed only such duties as were demanded by 
 the exigencies of the occasion. They were engaged 
 in a struggle for the preservation of local self-gov 
 ernment, and would have been recreant to this prin 
 ciple, and have assumed a power with which they 
 were not clothed, had they carried out the recom 
 mendation without a special warrant. Actuated by 
 this conviction, the committee, through Jay, reported 
 a series of resolutions declaring that the Provincial 
 Congress had been organized for the sole purpose of 
 resisting the usurpations of Parliament, requesting 
 that delegates should be chosen for a convention to 
 decide upon the expediency of forming a constitu 
 tion, and providing, that, should a majority approve, 
 they were to be invested with authority to frame 
 such a one as should be deemed best calculated to 
 secure the rights and promote the happiness of the 
 people. His associates at Philadelphia applied for 
 instructions with reference to a separation from 
 Britain; and, at his instance, the powers of the pro 
 posed body were so enlarged as to enable it to deter 
 mine that arid, every other question which might 
 
X JVD TIMES OF JOHN JAY. 
 
 arise in the future. " No invading foe as yet trod the 
 soil of New York, and the people were free to give 
 expression to their wishes in matters so nearly 
 concerning their political condition. 
 
 An assemblage, thus clothed with absolute power, 
 met at White Plains on July 9, with Jay as represen 
 tative from the city of New York. The Declaration 
 of Independence, having by this time been adopted, 
 was at once brought up for action. As chairman of 
 the committee to which it was referred, he reported 
 the same afternoon, "The reasons assigned by the 
 Continental Congress, for declaring the United Colo 
 nies free and independent States, are cogent and 
 conclusive ; and, while we lament the cruel necessity 
 which has rendered that measure unavoidable, we 
 approve the same, and will, at the risk of our lives 
 and fortunes, join the other colonies in supporting it." 
 This having been unanimously approved, the Conven 
 tion ordered copies of the Declaration to be printed, 
 and distributed among the inhabitants for their infor 
 mation. The passage of this resolution by a body 
 voicing the sentiments of the people, withdrew their 
 allegiance from a foreign power, and rendered all 
 citizens adhering to the king, or giving aid or comfort 
 to the enemy, guilty of treason against the State and 
 country. On the motion of Jay, such persons were 
 declared liable to punishment by death. However 
 rigid he may have been in the discharge of public duty, 
 
NEW-YORK CONVENTION, 103 
 
 he displayed neither asperity nor harshness toward 
 individuals. With the return of peace, past differ 
 ences were forgotten, and old friendships revived. 
 
 The arch of American independence was sprung 
 from Virginia and Massachusetts ; but, were the key 
 stone of New York withheld from the structure, it 
 would topple to the ground. The situation was full 
 of danger. That State had assumed her position in 
 the very hour of conflict. An invading force had 
 prevented the convention from meeting in the city. 
 Indians and their white allies threatened her ex 
 tended northern frontier. Disaffection and treason 
 ran riot within her borders, stimulated and encour 
 aged by the late royal governor. These were the 
 difficulties to be met and overcome. The approach 
 of Howe had driven Jay from his home ; and for the 
 succeeding two years, his whole thought, energies, 
 and time were devoted to the interests of the new 
 born Commonwealth ; all eyes were turned to him as 
 the trusted leader; and amid scenes of peril, he is the 
 prominent figure, re-assuring the timid, sustaining 
 the weak, and bringing all the resources of the State 
 to resist the enemy. Rather than allow the British 
 to gain a foot-hold within its bounds, he had favored 
 a policy of burning the city, desolating the neighbor 
 ing country, and withdrawing to the interior; but 
 such measures were too heroic for the public senti 
 ment : and, though Washington was authorized to 
 
104 THE LIFE AND TIMES OF JOHN JAY. 
 
 destroy it in case of necessity, it continued the en- 
 trepot and headquarters of the English during the 
 remainder of the war. 
 
 Difficulties, with some, prove but opportunities ; 
 and those surrounding the convention seemed to 
 inspire it with greater energy and determination. 
 Lord Howe having shown an intention to secure 
 North River, and thereby sever the States, that 
 body appointed a secret committee for the purpose 
 of obstructing its navigation. As a leading member, 
 Jay was unremittingly occupied for some weeks ; 
 and at his instance a system of passports was estab 
 lished, to prevent intercourse with the city. As this 
 proved somewhat inefficient, another committee was 
 formed to inquire into and defeat all conspiracies. 
 It was invested with unlimited authority to imprison, 
 disarm, and banish Tories, or compel them to furnish 
 security for their residence within specified limits. 
 It was, in fact, empowered to exercise an extended 
 and vigorous police system throughout the State; 
 and, under Jay s active and vigilant leadership, its 
 labors were attended with the happiest results in 
 breaking up conspiracies, destroying communication 
 with the enemy, and keeping New York faithful to 
 the cause. 1 
 
 r Local committees were appointed in each district to carry their resolutions 
 into effect. The one at Kingston informed the Convention that the women 
 surrounded the chamber, and said if they could not have tea their husbands 
 and sons should fight no more. 
 
NEW-YORK CONVENTION. 105 
 
 The general despondency which followed Washing 
 ton s retreat across New Jersey, induced the British 
 commander to proclaim pardon and protection to 
 those who would return to their allegiance. The 
 convention thereupon issued an address to the peo 
 ple from the pen of Jay, which was found so effective 
 in the State of New York, that the National Con 
 gress had it translated into German, and printed at 
 the public expense, recommending it "to the serious 
 attention of all the inhabitants of the United States." 
 This eloquent and animated document says, " They 
 tell you, that, if you submit, you shall have protec 
 tion ; that their king breathes nothing but peace ; 
 that he will revise not repeal all his cruel acts 
 and instructions, and will receive you into favor. . . . 
 Have you heard of any terms except absolute, un 
 conditional obedience, and servile submission ? . . . 
 If he meant not to cajole and deceive you, why are 
 you not explicitly informed of the terms, and whether 
 Parliament mean to tax you hereafter at their will 
 and pleasure ? Upon these and like points, they 
 are silent, unless a power to grant pardon implies a 
 power to adjust claims and secure privileges; or, 
 unless the bare possession of life is the only privilege 
 which Americans are to enjoy. ... If the British 
 king really desired peace, why did he order your 
 vessels to be seized and confiscated, that the men 
 found on them should be added to the crews of his 
 
106 THE LIFE AND TIMES OF JOHN JAY. 
 
 ships of war, and compelled to fight against their 
 countrymen to spill the blood of their neighbors 
 and friends, nay, of their fathers, their mothers, 
 and their children, and all this before these ambas 
 sadors of peace had arrived on our shores ? ... If 
 there be a single idea of peace in his mind, why does 
 he order your cities to be burned, your country to 
 be devastated, your brethren to starve and languish 
 and die in prison ? ... If any thing were intended 
 besides destruction, devastation, and bloodshed, why 
 are the mercenaries of Germany transported near 
 four thousand miles ? . . . They plunder your houses, 
 ravish your wives and daughters, strip your infant 
 children, expose whole families, naked, miserable, and 
 forlorn, to want, to hunger, to inclement skies, and 
 wretched deaths ; and why all this desolation, blood 
 shed, and cruelty ? They tell you, to reduce you to 
 obedience. ... If there be any among us dead to 
 all sense of honor and all love of their country ; 
 if deaf to all the calls of liberty, virtue, and religion ; 
 if forgetful of the magnanimity of their ancestors 
 and the happiness of their children ; if neither the 
 example nor the success of other nations, the dic 
 tates of reason and nature, or the duties they owe to 
 their God, themselves, and their posterity, have any 
 effect upon them; if neither the injuries they have 
 received, the prize they are contending for, the 
 future blessings or curses of their children, the ap- 
 
NEW-YORK CONVENTION. 107 
 
 plause or the reproach of all mankind, the approba 
 tion or the displeasure of the Great Judge, or the 
 happiness or misery consequent upon their conduct 
 in this and a future state, can move them, then let 
 them be assured that they deserve to be slaves, and 
 are entitled to nothing but anguish and tribulation. 
 . . . But we think better things of you. We believe 
 and are persuaded that you will do your duty like 
 men, and cheerfully refer your cause to the great 
 and righteous Judge. If success crowns your efforts, 
 all the blessings of freemen will be your reward : if 
 you fall in the contest, you will be happy with God 
 in heaven." 
 
 Responsible for the safety of a State divided 
 within itself, while invaded by a ruthless foe, the 
 duties of the convention were arduous, unceasing, 
 and at times perilous. From the White Plains, the 
 stress of war had driven it successively to Harlem, 
 Fishkill, Kingston, and finally to Poughkeepsie. It 
 was often impossible to obtain a full attendance, and 
 a special committee was therefore authorized to 
 operate in its stead when less than a quorum were 
 present. One or the other of these bodies was 
 always in session ; and for many months the records 
 are made up of correspondence with their represen 
 tatives in the Continental Congress, Washington, 
 and other military authorities, or with instructions 
 for the removal of stock from the seaboard to the 
 
108 THE LIFE AND TIMES OF JOHN JAY. 
 
 interior, the arrest of the disaffected, and the punish 
 ment of those corresponding with the enemy, or re 
 fusing to receive American currency. They provided 
 for the wants of the army by procuring provisions, 
 purchasing material, and manufacturing clothing, 
 borrowing money, caring for the distressed refugees 
 from New York, and treating with the Indians. 
 The committee was constantly shifting its place of 
 meeting, which at times was unknown, even to its 
 adherents. Thus, we find the members assembled at 
 "Odell s house," and, shortly after, at that of "John 
 Blagg," apparently in order to be near, and observe 
 the movements of, the enemy. Jay seems to have 
 taken an active part in this as well as in the Constitu 
 tional body, a large portion of the business devolving 
 upon him. He was daily in attendance, except upon 
 one occasion, when leave of absence was obtained, to 
 remove his aged parents to a place of safety. His 
 farm on Long Island was occupied by the foe ; and 
 his wife having found a refuge with her father in 
 New Jersey, no domestic duties interfered with those 
 of a public nature. 
 
 The main purpose of the convention was to pro 
 vide a constitution for the State, but the pressure of 
 other matters had hitherto caused it to be post 
 poned. On Aug. i a committee of thirteen was 
 appointed, with Jay as chairman, to " prepare a plan 
 for instituting and framing a form of government," 
 
NEW-YORK CONVENTION. 109 
 
 which was to be reported on the 26th of the 
 same month! Not, however, until the following 
 spring was that instrument laid before the conven 
 tion, when it was discussed paragraph by paragraph. 
 In the draught he had thought it prudent to omit 
 several important provisions, intending to propose 
 them as amendments when the constitution as a 
 whole should be under consideration. Before that 
 time arrived, he was summoned to the bedside of 
 his dying mother, and, upon returning, found, to his 
 chagrin, that, with slight changes, it had been 
 adopted the previous Sunday. He was greatly an 
 noyed at this precipitate action, and declared that 
 it was like a harvest cut before it was ripe, the grain 
 being shrivelled. He had hoped to ingraft upon 
 the organic law a clause providing for the abolition 
 of domestic slavery, "when consistent with public 
 safety and the rights of property," thinking thereby 
 to confer upon New York the honor of being the 
 first State to remove that colonial legacy. His efforts 
 in that direction received the strenuous support of 
 his friend, Gouverneur Morris ; but the measure was 
 defeated mainly by the votes of those counties bor 
 dering on the Hudson. He never lost sight of the 
 purpose, and twenty years later had the supreme 
 satisfaction, as governor, of affixing his name to an 
 enactment proclaiming universal freedom within its 
 borders. He had inherited from his Huguenot an- 
 
1 10 THE LIFE AND TIMES OF JOHN JAY. 
 
 cestors an antipathy to the teachings of the Romish 
 Church, and, in consequence, endeavored to .insert a 
 clause, excluding from the elective franchise those 
 who held that the pope or priest had power to annul 
 oaths, or even to grant absolution. He was fortu 
 nately overruled, and unlimited toleration became 
 for all time the policy of the State. 
 
 The rights of the colonies were, to a considerable 
 extent, denned by the royal charters ; and it was 
 natural that these should suggest to the States 
 the importance, and in many cases form the germ, 
 of their written constitutions. Acting under the 
 necessity imposed by the ministerial measures, and 
 authorized, as we have seen, by the Continental 
 Congress, nearly all of them had established distinct 
 governments ; Rhode Island and Connecticut retain 
 ing their charters, which embraced the safeguards 
 essential to the liberties of their citizens. With the 
 single exception of Pennsylvania, the supreme legis 
 lative power was everywhere lodged in two houses, 
 while the executive and judicial departments were 
 separate and independent in their spheres. All 
 the constitutions were republican, and similar in 
 their general character. Authority was recognized 
 in them as a trust emanating from the people, and 
 imparted for their protection. 
 
 That of New York continued in force, with slight 
 amendments, for nearly half a century; and as it 
 
NEW- YORK CONVENTION. in 
 
 embodied many ideas held at the time by Jay, 
 and afterwards embraced in the Constitution of the 
 United States, it is well to enumerate some of 
 its provisions. After reciting the proceedings of 
 the Continental Congress, the subsequent action 
 of the Province, and the desertion of its royal gov 
 ernor, the document proceeds to say, "All power 
 thenceforth reverts to the people ; " and " this con 
 vention, in the name, and by the authority, of the 
 good people of the State, doth ordain, determine, 
 and declare that no authority shall, on any pretence 
 whatever, be exercised over the people of the State, 
 but such as shall be derived from and granted by 
 them. . . . The common law of England, and all 
 laws enacted before April 19, 1775, shall continue 
 in force ; and no person shall be disenfranchised or 
 deprived of any right, unless by law, or the judg 
 ment of his peers;" and "the free exercise and 
 enjoyment of religious worship, or profession, shall 
 forever be allowed." Jay believed that those who 
 owned the land should rule it : and the legislative 
 authority was accordingly vested in an Assembly 
 and Senate, the former to be elected by voters 
 possessing freeholds valued at twenty shillings per- 
 annum ; the latter by those whose yearly landed 
 income amounted to one hundred pounds, New- 
 York currency. The governor, chancellor, and 
 judges of the Supreme Court formed a council 
 
112 THE LIFE AND TIMES OF JOHN JAY. 
 
 for the revision of all enactments, exercising over 
 them the same qualified veto as the President of 
 the United States does over those of the National 
 Congress. The assembly had to select, yearly, 
 one senator from each district, who, in conjunc 
 tion with the governor, was to appoint all public 
 officers. Here is seen that jealousy of the execu 
 tive which had been aroused by the former actions 
 of the royal magistrate. The State had recently 
 been freed from this noxious influence ; and the 
 members hoped to protect it against the abuse of 
 patronage by a diffusion of the appointing power, 
 forgetting that while doing so they diminished re 
 sponsibility in the same proportion. This feature of 
 the constitution became in time the source of great 
 political corruption, producing an unseemly conflict 
 of authority, and with general approval was swept 
 away at the close of Jay s second term as governor, 
 i These were some of the provisions of the instru 
 ment adopted, with a single negative, on the evening 
 of April 20, 1777. Owing to the disturbed condition 
 of affairs, it was not submitted to the people for 
 their sanction, as is customary at the present day, 
 but was simply proclaimed by the secretary, standing 
 on a barrel in front of the Court House at Esopus. 
 It had yet to be established over the State ; and 
 with the enemy occupying some sections, and dis 
 affection prevailing in others, how to accomplish 
 
NEW- YORK CONVENTION. 113 
 
 this became a matter for profound consideration. A 
 committee of five, with Livingston as chairman, was 
 formed, to prepare a plan for setting the new ma 
 chinery in motion. The choosing of a chief magis 
 trate and Legislature would require time ; so after 
 providing for their election, and organizing a judicial 
 system, the convention bestowed upon a " Council of 
 Safety" its anomalous and unlimited powers, and 
 finally dissolved. 
 
 Jay had been made chief justice, with his former 
 partner, Robert R. Livingston, as chancellor. Both 
 of them were also members of this last body. Its 
 duties during the next four months were constant 
 and laborious. That period of time covered Bur- 
 goyne s invasion from the North, and Clinton s 
 incursion from the South, the abandonment of 
 Ticonderoga, and the advance of St. Leger, with 
 his Indian allies, along the valley of the Mohawk. 
 The consequent dismay and distrust resulted in the 
 displacement of the austere but patriotic Schuyler 
 from the command of the American army, and em 
 boldened the disloyal to conspire for the overthrow 
 of the incipient Commonwealth, and the delivery of 
 the State into the hands of its enemies. Jay be 
 lieved that the object of government was to govern, 
 and therefore exercised the dictatorial power con 
 ferred upon the council, with the unflinching energy 
 that such an extraordinary crisis demanded. The 
 
114 THE LIFE AND TIMES OF JOHN JAY. 
 
 disaffected were overawed, or punished for their 
 overt acts, the disheartened patriots stimulated and 
 encouraged, resistance was organized, and the com 
 plete installation of the new authorities was followed, 
 after a brief period, by the surrender of Burgoyne, 
 and the expulsion of the British from all the terri 
 tory recently overrun. 
 
 Though George Clinton had been elected gov 
 ernor, and was inaugurated in July, he remained 
 with the army in front of the enemy, his functions 
 meanwhile devolving mainly on the Council of Safety. 
 The Legislature chosen under the new constitution 
 assembled in September, after which every thing 
 proceeded with system and regularity. By the stren 
 uous exertions of the patriot leaders during these 
 years, amid unexampled difficulties, New York had 
 been preserved to the American Union ; and now, 
 with a popular government over her extended terri 
 tory, that Union was immovably fixed, and all hope 
 of the ultimate success of the ministerial cause for 
 ever extinguished. Tis the last keystone that makes 
 the perfect arch. While the convention was occu 
 pied in framing a constitution, Congress was engaged 
 in a similar undertaking. Possessing less energy 
 than the Swiss, weaker than the Dutch, and inade 
 quate in times of peace, the articles of Confederation 
 still claim respect as the harbinger of national sen 
 timent, and the forerunner of an efficient organiza- 
 
NEW-YORK CONVENTION. 115 
 
 tion. South Carolina soon followed New York with a 
 permanent constitution. Congress was then enabled 
 to issue an address declaring, " Our respective gov 
 ernments, which compose the Union, are settled, and 
 in the vigorous exercise of uncontrolled authority." 
 
 Jay had been solicited to become a candidate for 
 the gubernatorial chair instead of Clinton, but de 
 clined the proffered honor as he could " be more use 
 ful " in the place he then filled. Though appointed 
 chief justice of the State in the previous spring, the 
 condition of public affairs had heretofore precluded 
 the performance of his official duties. Now, how 
 ever, when the other departments were in successful 
 operation, it became necessary for the highest judi 
 cial tribunal to discharge its functions as the inter 
 preter of the laws of the Commonwealth. On Sept. 
 9, the first term of the Supreme Court was held at 
 Kingston. With a war raging, of which all shared 
 the suffering, and none could foresee the termination, 
 he was called upon to deliver his charge to the grand 
 jury. He was but thirty years of age, with his early 
 manhood ripened by varied experience in public life. 
 Tall, and erect in carriage, the judicial robe added 
 dignity to his appearance. The change of New York 
 from a province to a sovereign State rendered the 
 occasion one of peculiar interest. With the deepest 
 feeling he said that Divine Providence had made 
 the tyranny of princes instrumental in breaking the 
 
Il6 THE LIFE AND TIMES OF JOHN JAY. 
 
 chains of their subjects, reviewed the causes that 
 had led to the separation from Great Britain, showed 
 its necessity, and pointed out the duties which the 
 citizen had thereby assumed. After commenting 
 upon several features of the new instrument, he thus 
 proceeded : " But let it be remembered, that what 
 ever marks of wisdom, experience, and patriotism 
 there may be in your constitution, yet like the beau 
 tiful symmetry, the just proportions, and elegant 
 forms, of our first parents, before their Maker 
 breathed into them the breath of life, from the peo 
 ple it must receive its spirit, and by them be quick 
 ened. Let virtue, honor, the love of liberty and of 
 science, be and remain the soul of the Constitution, 
 and become the source of great and extensive hap 
 piness to this and future generations. Vice, igno 
 rance, and want of vigilance, will be the only enemies 
 able to destroy it." Like most of the public ad 
 dresses of Mr. Jay, this appears to have attracted a 
 great deal of notice at the time of its delivery, and 
 has since been frequently republished for its literary 
 merit and patriotic sentiments. His commission as 
 chief justice expired with the first meeting of the 
 Legislature ; but the Council of Appointment, by re 
 newing it, testified their approval of his course. Un 
 fortunately, no record has been preserved of the cases 
 brought before the court, nor of the decisions ren 
 dered during the short period that he remained upon 
 
NEW- YORK CONVENTION. 1 17 
 
 the bench. For a long time past he seems to have 
 had no permanent abiding-place, which, to a man of 
 his domestic habits, was a source of continued dis 
 comfort. He now determined to remove his family 
 from their retreat in New Jersey, and establish him 
 self at the seat of government. Upon learning his 
 intention, Schuyler, with characteristic generosity, 
 proffered him a farm near Saratoga. This he was 
 compelled to decline, as his father required his per 
 sonal care. The death of his wife and the destruc 
 tion of his home had depressed the spirit of Peter 
 Jay ; and his saddened old age demanded all the 
 affectionate attention that the son could bestow, and 
 hence the latter preferred remaining by his side. 
 
 In addition to his judicial duties, Jay, as a member 
 of the Council of Revision, to which all bills were 
 submitted before they became laws, was obliged to be 
 in attendance upon the Legislature during its entire 
 session. In the summer, he proceeded with Gouver- 
 neur Morris to headquarters, for the purpose of in 
 ducing Washington to re-enforce the army then 
 operating in front of Burgoyne ; and when the cap 
 ture of the forts at the Highlands, and the burning of 
 Kingston, had manifested the danger to be appre 
 hended from the British at New York, the chief jus 
 tice, with other State officers, selected West Point as 
 the spot whereon to erect fortifications with a view 
 of preventing further inroads. 
 
Il8 THE LIFE AND TIMES OF JOHN JAY. 
 
 X. 
 
 PRESIDENT OF CONGRESS. 
 
 THE territory lying between New York and New 
 Hampshire had been the subject of controversy 
 for many years, each of the provinces claiming its 
 ownership. The question was referred to the au 
 thorities in England, who determined in favor of the 
 first named. New Hampshire, in the mean while, 
 made grants within the coveted domain, which had 
 been cleared by their possessors, and were now under 
 successful cultivation. When the decision was made 
 in her favor, New York resolved not only to extend 
 her jurisdiction over the country in dispute, but re 
 quired possession of the lands held under these titles. 
 Having reclaimed them from the wilderness, and 
 given them a value by their labors, the settlers natu 
 rally protested against the injustice of the proceed 
 ing, and finally asserted their entire independence of 
 the State. Both parties appealed to the Continental 
 Congress, and New York demanded Jay s presence 
 in that body for the protection of her fancied rights. 
 He had resigned his seat as a delegate when ap- 
 
PRESIDENT OF CONGRESS. 119 
 
 pointed to the bench, and the Constitution forbade 
 his resuming it except "on a special occasion." The 
 Legislature in October accordingly declared that 
 such then existed ; and he was again elected, being 
 commissioned by the governor, on Nov. 18, as a 
 representative until the ensuing March, "and no 
 longer." 
 
 On Dec. 7, 1778, he again took his seat after an ab 
 sence of more than two years. The president, Laurens, 
 had not given entire satisfaction ; and having with 
 drawn with some feeling, the vacancy was promptly 
 filled by Jay three days after his arrival, who thus 
 became chief executive of the Confederated States. 
 The elevation involved daily attendance upon Con 
 gress, and an extensive official correspondence, sweet 
 ened, withal, by none of the emoluments or patronage 
 attached to office at the present day. A furnished 
 dwelling, with table, carriage, and servants, was, how 
 ever, provided at the public expense ; and his style of 
 living, therefore, comported with the dignity and 
 importance of the station. His prudence, firmness, 
 and devotion to duty, eminently qualified him for that 
 post which he occupied for many months, without a 
 single day s absence. Congress had yet to realize 
 the necessity of creating separate departments with 
 an efficient head to each, and hence spent a large 
 portion of its meetings on mere questions of detail. 
 Its overworked president was the organ of commu- 
 
120 THE LIFE AND TIMES OF JOHN JAY. 
 
 nication with the army, the State authorities, the 
 French ambassador, and the country s agents and 
 ministers in Europe. 
 
 It was greatly inferior in ability to those earlier 
 assemblies which had conferred so much honor upon 
 the country. Most of the men then prominent in 
 resisting ministerial aggression, and proclaiming in 
 dependence, were now employed abroad, or, disgusted 
 with a position in which no credit could be reaped, 
 and little good accomplished, had retired, or were 
 engaged in the service of their respective States, 
 where their influence might be felt, and some repu 
 tation acquired. As Gouverneur Morris expressed 
 it, the members and the currency had alike depre 
 ciated. 
 
 The recent separation was a movement on the 
 part of the people, but they were no longer recog 
 nized ; and the several State Legislatures assumed 
 the selection of delegates, who, in consequence, re 
 flected the rivalries and jealousies of their constitu 
 ents. Many adherents of the Conway Cabal were 
 among the number, and secretly promoted measures 
 adverse to Washington and the military. The want 
 of harmony in the national councils had become 
 painfully manifest, and aroused the solicitude of the 
 leader of the army, who earnestly strove, by appeals 
 to their patriotism, to bring back to the country s 
 service those statesmen who had withdrawn into pri- 
 
PRESIDENT OF CONGRESS. 121 
 
 vate life. Some most important questions were to 
 be brought before Congress whose decision would 
 have great bearing upon the future destiny of the 
 States, and men of high character and ripe experi 
 ence were therefore needed. 
 
 The Legislature of New York had especially in 
 trusted her chief justice with the management of the 
 controversy relating to Vermont. There was, how 
 ever, an evident unwillingness on the part of Con 
 gress to assume the settlement of so delicate a point. 
 Many of the members thought that body had been 
 instituted for the sole purpose of securing the liber 
 ties of the country, and was not authorized to go 
 beyond this, and interfere in disputes between any 
 one of the States and its recalcitrant citizens. 
 During the past summer, it had instructed a com 
 mittee to visit the New-Hampshire grants, and in 
 quire into the trouble ; but no proceedings had been 
 taken in the matter. Jay s first object, therefore, 
 upon his arrival, was to prevail on Congress to inter 
 vene in some degree ; as he felt satisfied, that, by so 
 doing, it would be led to a further and more effective 
 interposition. He finally succeeded in having it as 
 sume jurisdiction, appoint a time to hear and examine 
 into the case, and ultimately decide it upon equitable 
 principles. When, however, the day arrived for the 
 trial, a quorum of members from disinterested States 
 was not present, and no action could be obtained. 
 
122 THE LIFE AND TIMES OF JOHN JAY. 
 
 Vermont had already formed a constitution for her 
 self: and the question of her separation from New 
 York dragged along for twelve years, when it was 
 finally adjusted by her paying the latter State the 
 sum of thirty thousand dollars for the relinquishment 
 of all claims ; and she was thereby quietly placed in 
 a condition to be received into the Union. This, 
 however, was not effected until a territory at the 
 South had grown sufficiently populous to be admitted 
 at the same time. 
 
 The winter of 1779 was passed by the British 
 officers in comfortable quarters at New York amid 
 a round of gayety and dissipation. Theatrical and 
 other entertainments served to enliven the tedium of 
 constrained idleness ; and in the preparation of these, 
 the accomplished but unfortunate Andre bore a con 
 spicuous part. He wrote, among other things, a lam 
 poon, the coarseness of which contrasted painfully 
 with the deep tragedy of the following year. It was 
 entitled " Metempsicosis," and professed to witness 
 the final judgment passed upon several of the Ameri 
 can leaders. The record says that " the allusions to 
 
 Jacky Jay and other rebellious were excellent, 
 
 and gained much applause." "The president of Con 
 gress, Mr. Jay," writes Andre, "now appeared ; and I 
 heard with emotion and astonishment that he had 
 been remarkable for a mixture of the lowest cunning 
 and most unfeeling barbarity, and that being indefat- 
 
PRESIDENT OF CONGRESS. 123 
 
 igable in the pursuits of ambition and avarice, by all 
 the ways of intrigue, perfidy, and dissimulation, he 
 had acquired the station of a chief justice, and had 
 framed and enforced statutes that destroyed every 
 species of private security and repose." The court 
 thereupon ordered, "that he transmigrate into the 
 most insidious and most hateful of all animals, a 
 snake ; but to prevent his being able any longer to 
 deceive, and thereby destroy, a large set of rattles 
 was affixed, to warn mankind to shun so poisonous a 
 thing." 
 
 While the British were thus amusing themselves, 
 the American troops, hutted in the open country, 
 endured privations of every kind. These were so 
 great that Washington deemed affairs worse than at 
 any former period, and at one time thought it hardly 
 possible to keep his forces together. The great 
 Frederick said in homely phrase that " an army, like 
 a snake, moved on its belly ; " and the inefficiency of 
 the commissariat prevented the commander-in-chief 
 from undertaking any enterprise, however promising. 
 He stated that his soldiers were half starved, imper 
 fectly clad, robbing the farmers from sheer necessity, 
 and that they ate every kind of horse-feed except 
 hay. The currency had become so depreciated that 
 no proper provision could be made for them in ad 
 vance. In the beginning, it was hoped that the 
 determined attitude of the people would soon induce 
 
124 THE LIFE AND TIMES OF JOHN JAY. 
 
 the mother country to recede from her pretensions, 
 and hence no permanent arrangements had been 
 made to meet the expenses of the seven years 
 straggle which ensued. Before the Declaration was 
 issued, France and Spain had, in conjunction, fur 
 nished material supplies ; and, in order to meet 
 further demands, a paper currency, based on the faith 
 of the associated colonies, was authorized, and an 
 appeal for loans made to the moneyed men of the 
 country. The same general system of finance was 
 pursued by many of the States, and thus nearly all 
 of them became borrowers. The security they offered 
 being of a less questionable character than that of 
 the Confederacy, its loan-offices failed to gather in 
 much pecuniary assistance. The cohesive power of 
 the States was too slight to bear any strain ; and no 
 requisition was made upon them by the central au 
 thority until 1777, when only three millions were ob 
 tained one-half of the amount solicited. In the 
 present condition of the world, money is necessary 
 in carrying on any successful war ; and, by reason of 
 their possessing greater facility in procuring this 
 commodity, commercial nations have an advantage 
 over those dependent upon agriculture. Privateering, 
 though looked upon as a serious drawback to recruit 
 ing the army, had proved of considerable service ; for 
 the captures made, when aided by the contributions 
 of France, had assisted in somewhat buoying up the 
 
PRESIDENT OF CONGRESS. 125 
 
 sinking finances. The main reliance for the prosecu 
 tion of the war seemed, notwithstanding, to rest upon 
 the currency issued by Congress ; and this ready means 
 of providing funds without open taxation, induced a 
 frequent resort to the printing-press. The inevitable 
 consequence followed. The purchasing-power of the 
 paper lessened with its continued emissions ; and 
 gambling, monopoly, and speculation bebame rife 
 throughout the country. Irredeemable notes to the 
 value of one hundred and fifty odd millions were 
 afloat besides those of the States; and the attend 
 ant evils had become so manifest, that Congress 
 determined to limit the amount to two hundred, 
 and called upon the separate States to contrib 
 ute, first fifteen, and afterward forty-five, millions. 
 To render this appeal more effective, the president 
 prepared a circular to the several Legislatures, laying 
 bare the financial embarrassment, pointing out its 
 cause, and proving the necessity they were under 
 of aiding a Confederacy rapidly drifting into bank 
 ruptcy. He further demonstrated, that upon the 
 restoration of peace, now assured by having an ally, 
 the country would be able to discharge all obligations 
 incurred while establishing independence. This ap 
 peal, like others of the kind, failed of its purpose. 
 No available resource remained but a further issue 
 of currency, which was followed by a still further 
 decline in value. After the usual round of efforts 
 
126 THE LIFE AND TIMES OF JOHN JAY. 
 
 to support what had no foundation, the paper money 
 died in the hands of its possessors, quietly passing 
 out of existence ere the year ended. It had been of 
 infinite service during its life, yet its demise was 
 regretted by none. 
 
 The surrender of Burgoyne had led France to 
 openly espouse the cause of the colonies, and the 
 intimate connection between the courts of Versailles 
 and Madrid gave hopes that Spain would pursue a 
 like course. She had already secretly aided them 
 with military stores, and it was thought that her 
 active participation in the struggle would prove de 
 cisive. With this view, provision had been made 
 in the French treaty for her joining the league 
 against England. Though her sensibility had been 
 wounded by that power s imperious conduct in the 
 Falkland-Island flurry, and she was therefore quite 
 willing to be instrumental in reducing British arro 
 gance, there were objects of her own in America 
 which she desired to secure before engaging as a 
 principal in the contest. These were the undisputed 
 possession of the country west of the Alleghanies, 
 where King George had forbidden his subjects to 
 settle ; the exclusive navigation of the Mississippi 
 River ; and an acknowledgment of her right to con 
 quer and retain Florida, and thus dominate in the 
 Gulf of Mexico. She was displeased that the French 
 Court, knowing her wishes, had not regarded them 
 
PRESIDENT OF CONGRESS. 127 
 
 when entering into alliance with the United States. 
 The necessities of his country were at that time 
 too great for Franklin not to have conceded every 
 thing required, had the two European powers joined 
 in demanding it. 
 
 National decay and national pride had gone for 
 ward side by side ; and Spanish statesmen instinc 
 tively dreaded the enterprising spirit of America, 
 and the effect that her success would have upon 
 their own possessions. Grimaldi, the premier, had 
 written Choiseul, "This [independence] would be 
 dangerous by the sagacity, persistence, and stead 
 fastness of the measures that America would take 
 for carrying out plans of conquest." As early as 
 January, 1776, the Continental Congress had author 
 ized the capture, from England, of the castle and 
 barracks at St. Augustine ; and American commerce, 
 with the connivance of the royal governor, had 
 recently obtained a foot-hold at the city of New 
 Orleans. The knowledge of these proceedings was 
 not calculated to remove Spain s prejudices against 
 the English colonist. 
 
 She held aloof, and, though urged by France, 
 hesitated throughout, at no time overcoming her 
 apprehensions, and cordially granting open assist 
 ance. In February, 1779, Congress was officially 
 notified of her proffered mediation between the bel 
 ligerents. The matter was at once referred to a 
 
128 THE LIFE AND TIMES OF JOHN JAY. 
 
 select committee, with Gouverneur Morris as chair 
 man, whose able report, embracing all questions likely 
 to arise, furnished to a large extent a basis for 
 the treaty ultimately negotiated with Great Britain. 
 The reader must bear in mind that instructions were 
 to be prepared for an envoy to Madrid, as well as 
 for the commissioners who were to be intrusted 
 with the negotiation of a general treaty of peace. 
 In drawing up the documents, not only was proper 
 consideration to be paid to the expressed condition 
 of the alliance with France, but her interests were 
 to be consulted when not conflicting with those of 
 America. Though Neckar presided over French 
 finances, the expenses of the war were rapidly ex 
 hausting the country s resources. To secure, there 
 fore, the aid of Spain, her ancient ally, she was 
 not unwilling to have the United States sacrifice in 
 disputable claims, and accept the mother country s 
 proposals of peace, even though British pride should 
 debar a formal concession of independence. 
 
 Gerard, the French minister, had before directed 
 the attention of the members to the propriety of 
 endeavoring to enlist Spain in the common cause, 
 and intimated, that, if America would conform to her 
 wishes in the matter of the Western claims, she 
 (Spain) would enter cordially into the alliance, and 
 pecuniary assistance to a large amount might then 
 be reasonably expected. In a personal interview 
 
PRESIDENT OF CONGRESS. 1 29 
 
 with Morris, and subsequently with Congress itself, 
 he strenuously endeavored to win them over to this 
 view of the situation, to have them abate their 
 pretensions beyond the Alleghanies, and direct their 
 commissioners, that, if found necessary when nego 
 tiating a peace, they should yield the point of an 
 express acknowledgment of their country s inde 
 pendence. 
 
 The report on the subject, made by Morris s 
 committee, gave rise to a prolonged discussion in 
 Congress, which brought out in strong relief the 
 sectional feeling heretofore almost dormant. The 
 questions relating to the eastern boundaries, inde 
 pendence, and the evacuation of the country, were 
 settled with little difference of opinion ; but those 
 respecting the fisheries, and the rights of the United 
 States upon the Mississippi, representing, as they 
 did, opposite interests, evolved much heat during 
 the debate. The Newfoundland fisheries, employing 
 great numbers of mariners, had been a source of 
 large revenue to the New-England people, who were 
 naturally unwilling to part with any of the advan 
 tages they had enjoyed when under British rule. It 
 was supposed that the mother country, while in 
 the act of releasing her former subjects from their 
 allegiance, would desire to exclude the new-born 
 States from a share in what she always asserted was 
 an unfailing resource for seamen. It was therefore 
 
130 THE LIFE AND TIMES OF JOHN JAY. 
 
 a matter of earnest consideration whether a partici 
 pation in them should be made an ultimatum in the 
 proposed instructions, and, if so determined, how 
 far the support of France could be counted upon. 
 As the fisheries were exclusively an Eastern interest, 
 the Southern members were indisposed to pledge 
 the country to the maintenance of pretensions thus 
 put forward at the hazard of prolonging a destruc 
 tive war for an indefinite period. The invasion of 
 the royal forces was pressing heavily upon Georgia 
 and the Carolinas. Charleston had been taken ; and 
 the British troops were sweeping over portions of 
 those States, destroying the crops, carrying off the 
 negroes, and devastating the country. 
 
 The United States claimed the territory as far 
 west as the Mississippi River, and down the stream 
 to the thirty-first parallel, with the common use with 
 Spain of its waters above that point, and desired 
 to secure its unrestricted navigation onward to the 
 ocean. With contracted ideas of the future great 
 importance of the river, or possibly by way of a 
 counterpoise to the Southern position respecting the 
 fisheries, Jay, and most of the New-England dele 
 gates, expressed themselves as not unwilling to give 
 up a part of their claims, could Spain be thereby 
 induced to join the alliance, and assist their country 
 in its arduous struggle for independence. Some of 
 them believed that the remainder of the territory 
 
PRESIDENT OF CONGRESS. 131 
 
 belonging to the Confederacy was sufficiently large 
 for all national purposes, and would have been satis 
 fied to have that portion beyond the Mississippi in 
 possession of a people speaking a foreign language, 
 as a barrier against the tide flowing to the Occi 
 dent. Emigration had already begun, and the States 
 that they represented were apprehensive of being 
 drained of population. 
 
 Their prophetic vision failed to embrace the future 
 grandeur of their country s domain, as well as the 
 great commercial value of the Mississippi. This is 
 evident from what Morris wrote the following year : 
 "As to its navigation, everybody knows that the 
 rapidity of its current will forever prevent ships 
 from sailing up it." An assertion like this will 
 cause a smile at the present day ; but it must be 
 remembered that this opinion was expressed thirty 
 years before the " Clermont " stemmed the down 
 ward flow of the Hudson, on her initial voyage to 
 Albany. The Southern members, with truer national 
 instincts, realized in a measure the river s infinite 
 importance to the Union, and demanded that, in any 
 arrangement made, the absolute right to its free 
 use north of thirty-one degrees should not be sur 
 rendered. Notwithstanding the impatience and in 
 trigues of Gerard, or perhaps in consequence of 
 them, the debate on these instructions continued in 
 Congress during the entire summer. The numerous 
 
132 THE LIFE AND TIMES OF JOHN JAY. 
 
 suggestions made from time to time indicate the 
 difficulty experienced in arriving at an agreement. 
 It so happened that the delay was a fortunate circum 
 stance for the interests of the Confederation. The 
 effort of Spain to mediate between the nations at war 
 proved fruitless, as had perhaps been foreseen ; and 
 in the following June she was, as an ally of France, 
 involved in hostilities with England. America was 
 thus relieved from the necessity of conceding any 
 thing to obtain her assistance, for which she would 
 have been willing to make large sacrifices. 
 
 This changed aspect of affairs solved the difficulty 
 under which Congress labored ; and, in framing in 
 structions for a plenipotentiary at Madrid, it passed 
 over the question of boundaries altogether, and 
 directed him to negotiate a commercial treaty with 
 Spain, and, if possible, borrow money from her. 
 He was authorized to guarantee her the possession 
 of Florida, should she succeed in wresting it from 
 England, provided the United States should in re 
 turn "enjoy the free navigation of the river Missis 
 sippi into and from the sea." The instructions 
 prepared for the commissioners who were to treat 
 with Great Britain, required them to demand an 
 express acknowledgment of independence, and a par 
 ticipation in the fisheries. It was determined, how 
 ever, that this latter claim should not be made an 
 ultimatum. 
 
PRESIDENT OF CONGRESS. 133 
 
 Matters having been thus happily adjusted, Con 
 gress proceeded to appoint a minister plenipotentiary 
 to reside at Madrid, and conduct the negotiation. 
 The qualifications of Jay had long since pointed him 
 out as a most suitable person for the position ; and 
 on Sept. 28, 1779, upon the motion of Mercer of 
 Virginia, he was accordingly elected ; the annual 
 salary attached to the office being subsequently fixed 
 at twenty-five hundred pounds sterling, besides one 
 thousand to each of his secretaries. He now re 
 signed the chair, after fourteen months occupation, 
 to serve his country in a wider field, and one weighted 
 with heavy responsibilities. 
 
134 THE LIFE AND TIMES OF JOHN JAY. 
 
 XL 
 
 MISSION TO SPAIN. 
 
 THE French ambassador wishing to return home, 
 Congress had tendered him the frigate " Con 
 federacy " for the purpose ; and it was now arranged 
 that the newly appointed plenipotentiary should em 
 bark in the same vessel. His instructions having 
 been prepared, Jay hurriedly departed, in October, 
 on his mission, accompanied by his wife, with her 
 brother, Brockholst Livingston, as his private secre 
 tary, and Mr. Carmichael as secretary of legation. 
 His experience in public life had heretofore been 
 among friends who were enlisted in the same cause, 
 and from whom he could seek counsel and advice in 
 any emergency. A new scene was now opening 
 before him, calculated to task all his abilities, indus 
 try, and self-reliance. He was no longer the deputy 
 of a State, but was proceeding abroad as the repre 
 sentative of the whole country, prepared to advocate 
 her claims, promote her interests, and sustain her 
 dignity before a court hedged round with ceremonial 
 to which he was a stranger. Its diplomatic organ 
 
MISSION TO SPAIN. 135 
 
 was a prime minister, dignified, astute, and irascible, 
 who looked upon the uprising in America as treason 
 to a lawful sovereign, and fraught with danger to all 
 States having colonial dependencies. 
 
 In a gale off the banks of Newfoundland, the 
 "Confederacy" was dismasted, which, followed by 
 the displacement of her rudder, compelled her to 
 bear away for the island of Martinique. Upon their 
 arrival at that place, the passengers were transferred 
 to a French frigate, which sailed two days later, 
 and, narrowly escaping capture by a British man-of- 
 war, reached Cadiz before the close of the succeed 
 ing January. Mr. Carmichael was sent thence to 
 Madrid, with despatches from Jay announcing his 
 arrival, stating his determination to await permis 
 sion before proceeding to the capital, and expressing 
 the desire of Congress that Spain should join the 
 alliance. Count Florida Blanca replied, assuring 
 him there was no obstacle to his coming to court 
 for the purpose of settling upon the manner and 
 forms of a negotiation, but that, until these points 
 should have been adjusted, it would not be proper 
 for him to assume an official character, as that must 
 depend upon a public acknowledgment by the gov 
 ernment, and a future treaty between the countries. 
 The tenor of the despatch made it evident to Jay s 
 mind that Spain attached great importance to her 
 recognition of the United States, and was not dis- 
 
136 THE LIFE AND TIMES OF JOHN JAY. 
 
 posed to grant it without ample compensation. Her 
 authorities were chagrined, as we have seen, that 
 her interests had not been protected by France ; and 
 although the family compact had drawn the two 
 countries together, it was known that their subjects 
 still entertained for each other much of the antag 
 onism which had been engendered in the previous 
 century. 
 
 Upon the strength of the cold and formal permis 
 sion granted him, the American envoy journeyed on 
 to Madrid, where he arrived early in April. A docu 
 ment from the prime minister was at once placed in 
 his hands, asking, as preliminary to any negotiation, 
 specific information about the government, revenue, 
 and debts of the American States, and their ability 
 to assist his Catholic majesty should he consent 
 to occupy in the alliance that place which had been 
 reserved for him. To the numerous questions pro 
 pounded, Jay made an elaborate and exhaustive reply, 
 giving the population, resources, and condition of 
 his, country, and dwelling upon her ability to dis 
 charge any obligation incurred while overcoming the 
 common enemy. He closed by expressing the opin 
 ion that a supply of military stores and a moderate 
 sum of money furnished by France and Spain would 
 prove the most effective means of reducing the power 
 of an irreconcilable enemy to the House of Bourbon. 
 
 Building "castles in Spain" has become proverbial, 
 
MISSION TO SPAIN. 137 
 
 and Congress in the present case certainly banked 
 on hope ; for, without even waiting to hear of Jay s 
 arrival, it had authorized drafts upon him to the ex 
 tent of a hundred thousand pounds. His dignity was 
 necessarily lowered, and his future influence impaired, 
 by this unfortunate though unavoidable course, as 
 he was thereby placed in the mortifying position of 
 a needy solicitor at the court rather than as the repre 
 sentative of an independent State. He had hardly 
 sent his reply to Florida Blanca s letter, when advice 
 was received of this proceeding, and of the probable 
 early appearance of some of the bills in question. 
 The situation necessarily caused him extreme em 
 barrassment ; and the matter was at once made 
 known to the premier, with the not very satisfactory 
 apology that Congress thought " they could avail 
 themselves of his majesty s friendship on no occasion 
 more agreeable to him and advantageous to them." 
 
 In the interview which followed, the count dwelt 
 upon the straitened condition of the Spanish 
 finances caused by the war in which the nation was 
 then engaged, and the consequent failure of remit 
 tances from its colonial possessions. He, however, 
 assumed the payment of such bills as might be pre 
 sented during the remainder of the present and the 
 earlier part of the following year. Their aggregate 
 amount was estimated at thirty or forty thousand 
 pounds, and he thought it might be in his power to 
 
138 THE LIFE AND TIMES OF JOHN JAY. 
 
 furnish in addition some supplies of cloth for the 
 distressed American army. 
 
 Having, as he supposed, smoothed the way, he 
 introduced the subject of a treaty between the coun 
 tries, intimating that the only obstacle was the pre 
 tensions of the United States at the West. He had 
 received from his agent, Mirales, information of the 
 debates in Congress, was aware of the ambassador s 
 instructions, and said that, while his Catholic majesty 
 was disposed to extend all the aid in his power, he 
 would, under no circumstances, relinquish his claim 
 to the exclusive navigation of the Mississippi. It 
 was suggested on the other side, that perhaps some 
 equitable adjustment of the matter might be made ; 
 but the count rejoined that the king had this ques 
 tion very much at heart, and would never relinquish 
 his claim, and, when taking leave of Jay, desired 
 him to turn his thoughts to the subject, and try if 
 some way could not be found to get over the diffi 
 culty, in other words, if he could not violate his 
 instructions. Spain showed no disposition to enter 
 into any negotiation unless this point should first 
 have been conceded. The assistance she had agreed 
 to render, would, it was thought, keep alive the hope 
 of further aid, and induce Congress to yield and 
 grant what she so earnestly desired, the back 
 country, and particularly the control of the Missis 
 sippi from its source onward to the ocean. 
 
MISSION TO SPAIN. 139 
 
 Ere this diplomatic skirmishing took place, England 
 had realized her inability to reduce the Americans to 
 obedience when supported by the two European pow 
 ers, and, accordingly, sent Cumberland, the drama 
 tist, to Madrid, to persuade the premier that Spain s 
 interests would not be subserved by the independ 
 ence of the States ; that this once established, their 
 citizens would open a contraband trade with her 
 colonies, and, if necessary for the purpose, make war 
 alike upon Portuguese and Spanish settlements, rav 
 aging their coasts, and destroying their commerce 
 and shipping. He therefore proposed that the dis 
 pute between Britain and America should be adjusted 
 upon equitable principles ; that the four European 
 powers having colonies should guarantee each other 
 their possessions, which were not to become involved 
 when hostilities arose between the parent States. 
 As an inducement to enter this grand Confederation, 
 the three others were to be allowed to participate in 
 England s colonial trade without conceding the same 
 privilege in return. Spain was too wary to be en 
 trapped by this proposal, and, though she coquetted 
 with other advances of a similar nature from Sir 
 William Jones and others, remained faithful to her 
 engagements with France. 
 
 Numbers of bills of exchange for small sums contin 
 ued to arrive from time to time, which Jay accepted, 
 relying upon the promise of the government to pay 
 
140 THE LIFE AND TIMES OF JOHN JAY. 
 
 at maturity. After his first conference with the 
 count, he had advised Congress, that, if they would 
 only adhere to their determination respecting the 
 river and western boundaries, he thought his Catholic 
 majesty might be willing to adjust those questions in 
 a satisfactory manner ; and, in conformity with his 
 suggestions, they had reiterated the decisive instruc 
 tions already given him. The authorities, in their 
 intercourse with the envoy, had been careful to guard 
 against any acknowledgment of his country s inde 
 pendence, and, in order to satisfy themselves as to 
 his having received further powers authorizing him 
 to yield the points at issue, sent an agent to sound 
 him on the subject, whose unfavorable report deter 
 mined them to limit their aid to the extent already 
 agreed upon, though other and further drafts had 
 been honored with the minister s knowledge and 
 approbation. An emergency was thus precipitated. 
 Under Morris s skilful administration of the Ameri 
 can finances, the credit of the country was just 
 reviving at home ; and as it was of the greatest 
 moment that it should be fostered and preserved, 
 Jay s sense of duty led him to form the bold resolu 
 tion of staking name, character, and fortune, and, 
 accepting all future bills, trusting to chance for 
 their ultimate payment. By doing this, he assumed 
 a personal liability for their liquidation ; but the 
 shipwreck of the newly established financial system 
 
MISSION TO SPAIN. 141 
 
 might thus be prevented, and would, under any 
 circumstances, be deferred for many months. 
 
 Before October his responsibility had reached the 
 sum of $50,000. When the time for payment had 
 nearly arrived, and Spain declined to render any 
 further assistance, he called upon France without 
 effect. Franklin, at Paris, equally patriotic, though 
 weighed down with engagements, came to his relief 
 with one-half the requisite amount, and thus ena 
 bled him to meet the first maturing drafts. This 
 strengthened him in his resolve to accept all that 
 should be presented in the future, and in consequence 
 he soon became bound for more than $100,000. 
 Finding him inflexible, the Spanish Government re 
 laxed, and agreed to make further advances, amount 
 ing in all to $150,000. Congress for the time ceased 
 drawing bills ; and a crisis was happily passed, which 
 displayed in a most striking manner the decision, 
 patriotism, and firmness of the ambassador, as rising 
 superior to all personal considerations. 
 
 Though unpleasantly situated, he felt the impor 
 tance of appearing to the world to have a good 
 understanding with the authorities, and followed the 
 king to St. Ildefonso and Aranjuez. He was not, 
 however, presented at court, and, in consequence, 
 not recognized in " society." His wife lived a re 
 tired life, occupied with the care of a daughter, 
 born during their sojourn at the capital. When 
 
142 THE LIFE AND TIMES OF JOHN JAY. 
 
 about leaving home, the widow of Gen. Montgomery 
 had written of her, " She is very handsome, which 
 will secure her a welcome, while her understand 
 ing will gain her the hearts of the most worthy : her 
 manners will do honor to our country-women, and will 
 please, even at the court of Madrid." Their position 
 afforded no opportunity of displaying the charms of 
 her person, mind, or manners, except to a limited 
 number of friends, who fully appreciated what was 
 debarred the court-circles. 
 
 Jay s letters from home, though infrequent and 
 long delayed, had brought the news of Arnold s 
 defection, and the disastrous defeat of Gates at 
 Camden, which with Spain s evident indisposition 
 to negotiate, the intrigues of English agents at 
 Madrid, and the necessity he was under of providing 
 funds to meet his acceptances, made his isolated 
 situation peculiarly embarrassing, and difficult to 
 sustain with composure. The past few months had 
 been full of heavy responsibilities, and consequent 
 solicitude. Upon going abroad, he had left behind 
 his only child, a boy of three years. Anxiety of 
 mind, combined with the unhealthy climate of Ma 
 drid, had told upon the health of both parents ; and 
 they were now called upon to suffer the loss of the 
 infant that promised so much happiness in their 
 quiet domestic life. Mrs. Jay wrote home, "Vain 
 are my efforts to divert my thoughts from grief, 
 
MISSION TO SPAIN. 143 
 
 while my heart is still under its influence for the 
 loss of a lovely little daughter ; but private afflictions 
 must give place to public calamities." She said at 
 another time, " Incited by his [Jay s] amiable exam 
 ple, in all our perils, I gave fear to the winds, and 
 cheerfully resigned myself to the disposal of the 
 Almighty." 
 
 The difficulties of the envoy s position were to be 
 increased by the action of Congress. Early in July, 
 1781, the count placed in his hands a despatch from 
 home, which bore evidence of having been opened, 
 instructing him to recede from the demand for the 
 joint navigation of the Mississippi, and expressing a 
 hope that this concession on the part of America 
 would result in a treaty with Spain, and further 
 pecuniary assistance from her. This course had 
 been determined on early in February ; but the 
 letter announcing the resolution had doubtless been 
 held back by the Spanish authorities, who were 
 familiar with its contents. The Southern States, 
 with a proper regard to the future development of 
 the country, had heretofore strenuously insisted 
 upon the free use of the river; but now, at the 
 suggestion of Virginia, this attitude was abandoned 
 by all, North and South, except North Carolina, 
 Massachusetts, and Connecticut, the vote of New 
 York being equally divided. Jay, as we have seen, 
 had recommended that Congress should adhere 
 
144 THE LIFE AND TIMES OF JOHN JAY. 
 
 firmly to the stand they had taken before he left 
 home. 
 
 They had of late reiterated their former instruc 
 tion, saying, " If the right of navigation to and from 
 the sea cannot be obtained, it is not on the part of 
 America to be extinguished." What had caused 
 this sudden change of front ? It can only be ac 
 counted for by some outside influence. We know 
 that from the beginning, France had been desirous 
 that the United States should recede from the West 
 ern claims in order to conciliate Spain, and that her 
 new minister at Philadelphia had intrigued with 
 Congress, endeavoring to mould them to the promo 
 tion of certain interests of his country, regardless 
 of those of the nation to which he was accredited. 
 It is further known that his secretary, Marbois, held 
 intimate relations with a distinguished gentleman 
 of Virginia ; and a later generation put these facts 
 together, and drew the inference, that, through the 
 latter s agency, French contrivance had wrought this 
 alteration in America s position on the Mississippi 
 question. There is no means of learning how far 
 such surmises were correct. In the phraseology of 
 the journal, "The delegates from Virginia, in pur 
 suance of instructions from their constituents, pro 
 posed to recede from the free navigation below 
 thirty-one degrees." What moved her Legislature to 
 issue such instructions ? Were the members from 
 
MISSION TO SPAIN. 145 
 
 any other Southern State likewise directed to aban 
 don a peculiarly American principle, that nations 
 bordering on a stream possess the unrestricted right 
 of navigating it to the ocean ? 
 
 Jay was naturally mortified at having to withdraw 
 from the ground he had assumed, and his annoy 
 ance was increased by knowing that his antagonist 
 was acquainted with these instructions. He, how 
 ever, with a good grace, entered upon the distasteful 
 task, and in proposing a treaty to Florida Blanca, 
 in accordance therewith, stipulated upon his own 
 responsibility, that, if the terms were not adjusted 
 before the settlement of a general peace, the pro 
 posed relinquishment should not be binding upon 
 his country. The eyes of all Europe were at the 
 time fixed upon the pyrotechnic display at Gibraltar, 
 and the advances on the part of the American 
 diplomatist proved fruitless. 
 
 In .truth, the negotiation of a treaty was never 
 seriously commenced, and the difficulties arising 
 would have utterly discouraged any other than a 
 most devoted patriot. Spain was cold, haughty, and 
 repellent, realizing, that, were independence once 
 admitted, no special advantages could be obtained 
 without an equivalent return. She may, too, have 
 thought that such an acknowledgment would compli 
 cate her prospective negotiation with England. All 
 Jay s energy and diplomatic skill failed to overcome 
 
146 THE LIFE AND TIMES OF JOHN JAY. 
 
 Spanish inertia, and the settled determination of the 
 government to wring from the distress of his coun 
 try an abandonment of all her rights at the West, 
 in return for recognition and pecuniary assistance. 
 
 The situation was indeed anomalous. Spain s 
 colonial policy had always been arbitrary and exact 
 ing. With her own possessions held in strict sub 
 jection, she was asked to aid those of another power 
 in revolt. An absolute monarch was solicited to ally 
 himself with a democratic republic, whose religion 
 and language were foreign to his own. A country 
 where freedom of thought was repressed, was ex 
 pected to sympathize with one breaking away from 
 all traditions of the past. His most Catholic majesty 
 was called upon to support a Congress whose prede 
 cessors had protested against enlarged liberty to per 
 sons of his own faith, and admittance was sought to 
 the most haughty and exclusive court in Europe by 
 a simple untitled gentleman from the wilds of 
 America. It was fortunate for both countries that 
 self-seeking, a lack of sound policy, and wise states 
 manship, on the part of Spain caused her to decline 
 the American overtures. She might as well have 
 attempted to dam the great Father of Waters as to 
 stay the onward march of the Anglo-Saxon toward 
 the Gulf. Yet none but the Omniscient could then 
 foresee that within half a century she would be di 
 vested of every foot of territory bordering on its 
 
MISSION TO SPAIN. 147 
 
 waters, and that from the southern cape of Florida 
 to the Peninsula of Yucatan no Spanish official 
 would be found. 
 
 Jay s correspondence with Florida Blanca", while 
 creditable, betrays the suffering condition of the 
 United States in the dark midnight of the Revolution, 
 and the great importance attached to a Spanish 
 alliance. It is marked throughout by uniform pru 
 dence and elevated patriotism ; and, while it indicates 
 in the beginning some natural trepidation, his ability, 
 tact, and earnest frankness show him in diplomacy 
 quite an equal of the astute and artful premier of 
 Charles III. 
 
 The same vessel that brought his latest instruc 
 tions, also brought the announcement of his appoint 
 ment as one of the commission to negotiate a treaty 
 of peace with Great Britain ; and, being summoned 
 by Franklin, he soon left for the French capital. 
 When Florida Blanca became satisfied that Great 
 Britain seriously contemplated a general settlement, 
 he feared that he had overreached himself, and grew 
 more conciliatory in his bearing. He had fallen into 
 the mistake of not following up America s proposal, 
 by doing which, even if an adjustment of the claims of 
 the two countries could not have been had, he would, 
 at least, have learned the exact extent of her conces 
 sion, and could then have determined upon his future 
 course. 
 
148 THE LIFE AND TIMES OF JOHN JAY. 
 
 Jay, on his part, congratulated himself that the 
 impolitic offer made through him to yield the navi 
 gation of the Mississippi had not been embraced ; 
 and that, while tendering this in obedience to his 
 instructions, he had restricted its acceptance to a 
 period that now seemed nearly past. He thought, 
 also, that it was unwise for a young and growing 
 republic like the United States to ally itself with an 
 old and decrepit monarchy that had steadily declined 
 its proffered friendship, and refused to enter into any 
 engagements in the day of trial. He left Madrid 
 without regret, disgusted with the prime minister for 
 his chicane and duplicity, and for the extreme em 
 barrassment and mortification caused by the non-ful 
 filment of pledges for the payment of his acceptances. 
 Besides these personal grievances, he felt that little 
 gratitude was due Spain for her pecuniary aid. She 
 had acted in an unfriendly manner by permitting 
 British troops, which had surrendered at Pensacola 
 and the Bahamas, to be transported to New York, 
 thereby strengthening its garrison, instead of stipu 
 lating to have them sent to Europe. 
 
 Before leaving Madrid, Jay was notified by Florida 
 Blanca that D Aranda, the Spanish minister at Paris, 
 had been authorized to continue the incipient nego 
 tiation, and, a few days after his arrival at the French 
 capital, placed himself in communication with that 
 important personage. In an early interview he ex- 
 
MISSION TO SPAIN. 149 
 
 hibited his commission to treat ; but, though D Aranda 
 claimed to have full powers, he failed to produce them. 
 The simple assertion on his part was not satisfactory 
 to the American, who declined proceeding further 
 unless assured by their exhibition that his adversary 
 possessed like powers with his own. 
 
 Jay was a man of simple habits, and indifferent to 
 outward forms ; yet when abroad, representing a 
 country whose position was not definitely established, 
 he required for it the very highest respect and con 
 sideration. When the alliance between France and 
 the United States was formed, Gerard had not shown 
 his commission to Franklin until the close of the 
 negotiation ; and D Aranda, unwilling to recognize 
 their independence, now assumed the same ground, 
 overlooking the obvious difference in the situation. 
 The struggling colonies were then soliciting the 
 assistance of a powerful nation, and it was not for 
 them to stand upon a question of punctilio. France 
 at that time was at peace with England, and had the 
 right to determine the manner in which she would 
 embark in the contest. Spain, on the contrary, was 
 now engaged in the war. The freedom of America 
 was assured. She had demonstrated her ability to 
 maintain independence, and consequently demanded 
 admittance into the sisterhood of nations on a footing 
 of equality. When adjusting her American treaty, 
 France had met the colonial advances in a liberal 
 
150 THE LIFE AND TIMES OF JOHN JAY. 
 
 spirit ; while Spain, on the other hand, had refused 
 any recognition, and baffled every effort to induce 
 her to join the common alliance, hoping to secure her 
 own selfish objects. The policy she pursued was to 
 encourage resistance by doling out scant supplies, 
 but to decline granting any effective aid, even against 
 her own enemy. 
 
 When Jay went to Madrid, it was intimated to him 
 that the navigation of the Mississippi was the main 
 obstacle to negotiation. Territorial pretensions soon 
 followed, until at last he was notified that all ques 
 tions between the countries could be more satisfac 
 torily settled at the general peace. In view of the 
 negotiation with England, it had become expedient 
 for Florida Blanca to officially learn the full extent of 
 America s claims. This could have been ascertained 
 at Madrid as well as at Paris ; but he feared that 
 treating with that country would clothe her with the 
 rights of an independent power, and hence desired 
 in an indirect way to obtain the necessary informa 
 tion. Though advised by Vergennes, the Foreign 
 Secretary of France, that D Aranda s commission as 
 ambassador was sufficient, Jay remained firm. Ray- 
 neval, chief clerk in the Foreign Department, took 
 the matter in hand, and, unsolicited, furnished him 
 with an elaborate and carefully prepared memorial, 
 contravening the demands of the United States, and, 
 by way of a compromise, suggested new boundaries 
 
MISSION TO SPAIN. 151 
 
 between them and Spain. Even this formidable 
 document failed to draw him into any discussion of 
 the subject unless D Aranda s full powers should 
 first have been exhibited. 
 
 The time thus passed away, the settlement with 
 England proceeding in the mean while. Near the 
 close of the year, Jay wrote home, " Our negotiations 
 with Spain are at a stand-still. Count D Aranda 
 either has not, or does not choose to show me, the 
 commission to treat." After the preliminaries be 
 tween the United States and England had been ad 
 justed, the Spanish authorities were prepared to 
 recognize the independence of the former ; and he 
 was invited to return to Madrid, and there settle the 
 question at issue. This he contemplated doing, but 
 his health forbade ; and further negotiation between 
 the countries was therefore transferred to America, 
 to perplex and annoy her statesmen for many years 
 to come. 
 
152 THE LIFE AND TIMES OF JOHN JAY. 
 
 XII. 
 
 THE TREATY OF PEACE. 
 
 correspondence of Lord North with his sove- 
 -* reign shows that he had long despaired of success 
 in conquering America. His indolent disposition and 
 mistaken sense of duty, however, caused him to yield 
 to the urgent entreaties of a stubborn master, that 
 he should retain office, and continue hostilities, with 
 out a specific purpose. The attempt to subjugate 
 the colonies had, in the beginning, received the cor 
 dial approval of the people of England ; but the entry, 
 first of France, and then of Spain, upon the stage, 
 along with the heavy burdens laid upon their shoul 
 ders, turned the current of feeling. The supporters 
 of the ministry in Parliament steadily declined in 
 number after its corruption at home, the impolicy 
 of its proceedings, and the inefficiency of the military 
 operations, had been laid bare. The surrender at 
 Yorktown carried dismay into the cabinet, and noth 
 ing but the king s tenacity prevented then an aban 
 donment of the contest. 
 
 The opposition to ministerial measures in the Su- 
 
THE TREATY OF PEACE. 153 
 
 preme Legislature was composed of two divisions. 
 In the one, led by the Marquis of Rockingham, were 
 Fox, Burke, and other Liberal statesmen. These 
 advocated a general peace, conceding independence, 
 if necessary, as a prerequisite. The other embraced 
 the old followers of Chatham, now enlisted under the 
 Earl of Shelburne, supported by Dunning, Barre, and 
 Camden, who, while favoring a general settlement 
 among the belligerents, were yet unwilling to yield 
 all control over their former colonies. 
 
 When the new Parliament assembled, it numbered 
 Pitt and Sheridan among its members ; and the cam 
 paign against the ministry was opened with great 
 vigor by Fox and his adherents in one House, and 
 Shelburne and Rockingham in the other North, 
 almost unaided, gallantly facing the powerful oppo 
 sition. On Feb. 22, 1782, Conway moved in the 
 Commons that the effort to reduce America to 
 obedience should be abandoned ; and so greatly had 
 the* ministerial majority decreased, that the resolu 
 tion was lost by a single vote. The opposition, 
 inspired by the prospect of ultimate success, became 
 more aggressive in the impeachment of the ministry, 
 and more offensive in allusion to the sovereign. The 
 end soon came. In less than a month a motion 
 expressing a want of confidence in the government 
 was prepared, and would have passed the Commons 
 but for the precipitate resignation of the cabinet. 
 
154 THE LIFE AND TIMES OF JOHN JAY. 
 
 In the temper of the country, it was evident that no 
 Tory ministry could be established ; and the king 
 was therefore compelled to summon to his assistance 
 men who had early opposed taxation of the colonies, 
 with those who had denounced the war upon them 
 as unjust, and waged for an unholy object. Among 
 the latter were some not only pledged to their 
 independence, but who in debate had rendered them 
 selves obnoxious to his majesty. He was not dis 
 posed to overlook any want of respect. He had 
 hoped, in the commencement of his reign, to turn 
 back the wheels of progress, reclaim authority 
 wrested from his ancestors, and give his govern 
 ment a more personal character. Thwarted at home, 
 his attention had been turned to America. His 
 pride was therefore involved, and his feelings as a 
 man permitted to interfere with his duties as a con 
 stitutional sovereign. When thus necessitated to 
 change his advisers, he declared the day was a fatal 
 one, and, rather than submit to what he termed Whig 
 dictation, was prepared to abandon the kingdom, and 
 seek refuge in the quiet of his electoral dominions. 
 Independence, if wrung from him, would be grudg 
 ingly conceded. 
 
 , The very magnitude of their victory prevented the 
 Whigs from reaping its full fruition. The king felt 
 humiliated, and still clung to the idea of subduing his 
 late colonies, He tried at first to strengthen North s 
 
THE TREATY OF PEACE. 155 
 
 administration by admitting some of the opposition 
 leaders, and had authorized the chancellor to see 
 Rockingham for the purpose ; but that nobleman 
 made independence a sine qua non, and the plan was 
 consequently frustrated. After North s resignation 
 had been accepted, he compelled him to remain in of 
 fice until a new cabinet could be organized, embodying 
 the seeds of an early dissolution. He refused to see 
 Rockingham, its future chief, until the appointments 
 should have been settled, and carried on all further 
 negotiations through Shelburne, though assured by 
 him that he Shelburne was not necessary to 
 Rockingham. Thus the door was left wide open for 
 duplicity on the one side, and misapprehension on the 
 other. After vainly trying to bargain with each wing 
 of the party, the king found himself compelled to form 
 such a ministry as would be acceptable to the House. 
 In the new arrangements, Rockingham was placed 
 at the head of affairs, with Shelburne and Fox as 
 joint secretaries of state. Thurlow, the betenoir of 
 the administration, in deference to the king s wishes, 
 was continued as chancellor. Pitt, with instinctive 
 sagacity, declined to take office, saying he would ac 
 cept no inferior place. The subordinate positions in 
 the government were parcelled out to the followers 
 of the respective chiefs. The equality with which 
 this was done indicated an alliance rather than a 
 blending of the sections, and that each had its own 
 
156 THE LIFE AND TIMES OF JOHN JAY. 
 
 advantage quite as much at heart as that of the coun 
 try. Rockingham was amiable, and possessed an 
 unblemished character ; but his moderate abilities and 
 constitutional diffidence unfitted him for the duties 
 he had assumed. His name is associated with the 
 repeal of the Stamp Act, and his reputation as a good 
 man and pure statesman embalmed in Burke s gor 
 geous rhetoric. Shelburne was aspiring, unpopular, 
 and was accused of insincerity. He had been in 
 office with Chatham, and had devoted considerable 
 attention to the subjects of finance and diplomacy; 
 but his limited knowledge of human nature rendered 
 him a fit tool for an intriguing monarch and an un 
 scrupulous chancellor. The construction of the 
 cabinet was, in truth, a masterpiece of regal skill, and 
 was aptly described by Fox as half Whig and half 
 royal. As was to be anticipated from its composi 
 tion, distrust soon sprang up ; and at times the 
 members came near breaking into open hostility. 
 Shelburne and the chancellor, it was known, had 
 the ear of the king ; the former was one of the 
 opposition least offensive to him ; the latter, his con 
 fidant, was prepared at any time to aid him in over 
 throwing the obnoxious ministry, and was more than 
 suspected of double-dealing. 
 
 The late Tory administration had been unable to 
 settle the American question, and the present Libe 
 ral one could not do otherwise than endeavor to ac- 
 
THE TREATY OF PEACE. 157 
 
 complish that much-desired object. Each belligerent 
 had heretofore been tampered with to treat separately, 
 but a common interest held them firm to their pur 
 pose to negotiate only for a general pacification. 
 Soon after Conway offered his resolution in the Com 
 mons, a friend of Shelburne s, when returning to Eng 
 land from Italy, called upon Franklin, who at his 
 request gave him a letter to that nobleman, congratu 
 lating him upon the returning good spirit manifested 
 in Parliament. After he became secretary of state, 
 Shelburne replied, introducing semi-officially Mr. 
 Oswald, who bore also recommendations from Henry 
 Laurens, then a prisoner in London. Thus, in the 
 beginning, the negotiation unfortunately fell into 
 the hands of the secretary least willing to accord 
 entire independence to the Americans. All parties, 
 however, being desirous of an adjustment of the 
 difficulties, the present opening was assiduously 
 worked with a view to peace, Oswald passing repeat 
 edly between London and Paris, determining the 
 place and time of meeting for a settlement. These 
 preparatory arrangements were made with the full 
 concurrence of the British cabinet ; but, the business 
 having now assumed a definite shape, it became 
 necessary that a more formal character should be 
 given to it. 
 
 In the division of the offices, Fox had been assigned 
 that of foreign secretary of state ; while Shelburne 
 
158 THE LIFE AND TIMES OF JOHN JAY. 
 
 was made secretary of state for the colonies. It 
 thus happened that the beginning of the negotiation 
 with America properly fell under the latter s super 
 vision. When, however, she was to be treated with 
 as a foreign nation, and the proposed adjustment 
 was to be for a general peace, it was obvious that it 
 should rest in the hands of Fox. That gentleman, 
 who had been a little impatient of what seemed his 
 associate s intrusion in the matter, now gladly as 
 sumed its charge, and, with the approval of the 
 cabinet, appointed Thomas Grenville minister pleni 
 potentiary, who accordingly made his appearance at 
 the French capital in the early part of May. Oswald 
 had arrived from London four days before ; and, 
 though his duties were limited to arranging the 
 preliminaries for a conference, his conduct was such 
 that a shrewd statesman like Franklin did not fail 
 to discover that two adverse interests were at work 
 in the English cabinet. When Grenville s commis 
 sion reached Paris, it was found to authorize him to 
 negotiate only with France, the enabling Act to treat 
 with America not having as yet passed the great 
 seal. Further powers were, therefore, requisite be 
 fore proceeding ; and while waiting for these, and 
 the arrival of Jay, he assured Franklin that America 
 would be acknowledged as independent, but that, at 
 the same time, she must be truly so, and have " no 
 secret, tacit, or ostensible connection with France." 
 
THE TREATY OF PEACE. 159 
 
 Shelburne had unwillingly surrendered the man 
 agement of a treaty which he fancied he had auspi 
 ciously inaugurated. Oswald s apparent duties had 
 already been performed ; yet his patron, with the 
 king s concurrence, contrived to have him remain 
 at Paris until ordered to return home. During an 
 early interview, the doctor had suggested to him the 
 policy of Great Britain s ceding to the United States 
 the entire Province of Canada, and, at his request, 
 had loaned him, for the prime minister s perusal, a 
 paper embodying some views on the subject. Oswald 
 subsequently gave him reason to believe that this 
 plan was favorably entertained ; though, as it turned 
 out, it had never been submitted to the Cabinet. 
 He exhibited a memorandum of the earl s respecting 
 the terms of peace, and, speaking as one having 
 authority, impressed Franklin as a man of simplicity 
 and honesty. The latter wrote, " Grenville seems to 
 think the whole negotiation committed to him, and 
 to have no idea of Oswald s being concerned in 
 it. I apprehend difficulties if both are employed." 
 Such soon arose. 
 
 Shelburne had written to Franklin that he was 
 willing to invest his agent with any commission that 
 they two, after conferring, should deem proper ; and, 
 since the doctor preferred to negotiate with Oswald, 
 Grenville, to his chagrin, soon discovered, on the 
 part of the American, an indisposition to meet his 
 
l6o THE LIFE AND TIMES OF JOHN JAY. 
 
 advances. No wonder that the worthy doctor was 
 perplexed at the cross-purposes of England s repre 
 sentatives, and inclined, at times, to doubt the sin 
 cerity of both. Grenville grew suspicious of Oswald s 
 tampering with the negotiation ; and, the clew once 
 obtained, what was termed "this duplicity of con 
 duct " on the part of Shelburne was laid bare. Fox 
 was disconcerted and annoyed at what he deemed 
 the treachery of his associate, but, as the chief of 
 the cabinet was then on his death-bed, found himself 
 unable to apply any corrective. The second commis 
 sion sent to Grenville authorized him to treat with 
 the King of France, "and any other Prince or State." 
 Franklin objected to this form, as it could not be 
 supposed to include a people who were not yet rec 
 ognized by England as "a State." Upon being 
 advised of this barrier to the negotiation, Fox, of a 
 frank and open nature, wrote to his envoy, " I hope 
 you will hear from us again very soon, with authority 
 to offer independence as unconditional as you could 
 wish." To carry out this desire, he proposed to the 
 cabinet that he should be authorized to prepare 
 the necessary instructions ; but, in the absence of 
 Rockingham, this was refused. That nobleman died 
 the following day, after holding office little more than 
 three months. His death rendered a re-organization 
 of the cabinet necessary ; and Shelburne, whose con 
 duct as minister, if not inspired by the king, had yet 
 
THE TREATY OF PEACE. l6l 
 
 received his approval, was placed at the head of the 
 new administration. He agreed with his master, 
 that as little as possible was to be conceded ; over 
 looking the essential fact that independence was 
 already achieved, and that they were chaffering as 
 though an acknowledgment of an existing thing 
 would be fatal to the minister s political existence. 
 How far they succeeded in gaining their ends, 
 remains to be related. 
 
 When the consideration of further instructions to 
 those who were to treat for peace came before the 
 Continental Congress, a committee was appointed 
 for their preparation. They turned out to be sub 
 stantially those of Morris, already adopted, except 
 as modified by the French ambassador, who was con 
 sulted as to the proper basis of settlement. The 
 commissioners were ordered "to undertake nothing 
 without the knowledge and concurrence " of the 
 French cabinet. As, however, their allies wished 
 to control the negotiation, and not simply to concur 
 in what the respective ministers might decide upon, 
 a further evidence of submissiveness was demanded. 
 At Lucerne s suggestion, another sentence was added, 
 " and will ultimately govern yourself by their advice 
 and opinion," thus subjecting them to French dicta 
 tion, and making the king master of the terms of 
 peace. Massachusetts, before the war, had been 
 extensively engaged in the Newfoundland fisheries ; 
 
1 62 THE LIFE AND TIMES OF JOHN JAY. 
 
 and, fearing that this interest might be sacrificed, 
 she required her delegates to insist upon its being 
 secured in the proposed treaty. Congress, there 
 fore, directed Franklin to inform his most Christian 
 majesty that they were determined not to depart 
 from their previous resolution, "by which all the 
 objects of their desires and expectations were even 
 tually submitted to his counsel ; " but, to satisfy the 
 New-England States, it was requested that a share 
 in the fisheries should have a place among these 
 "desires." It was further resolved that this was not 
 to be given up without the concurrence of all the 
 States. We shall see later how France betrayed 
 the confidence thus reposed. The instructions, as 
 "improved," placed the American commission en 
 tirely in her hands, save in one point, which proved 
 the most important, they were, under no circum 
 stances, to yield the question of a direct acknowledg 
 ment of independence by Great Britain. The mode 
 of doing this was left to their discretion as influenced 
 by the condition of affairs at the time of the nego 
 tiation. 
 
 When his appointment as a peace commissioner 
 reached Jay at Madrid, accompanied by these instruc 
 tions, he earnestly protested against the requirement 
 "to be absolutely governed by the advice and opinion 
 of the servants of another sovereign," and entreated 
 Congress to release him from a station where he 
 
THE TREATY OF PEACE. 163 
 
 "must receive the directions of those on whom no 
 American minister should be dependent." However 
 much the members may have been affected by his 
 patriotic sentiments, or have deplored their blindness 
 in permitting French intrigues to place their com 
 missioner in a position of subserviency, they were 
 yet unable to recede without causing offence, so 
 quietly ignored Jay s request to be relieved. He 
 therefore, in response to Franklin s summons, reached 
 Paris, June 23, 1782, prepared to participate in the 
 approaching settlement. On Aug. 7, Oswald wrote, 
 after an interview with him, " He is a man of good 
 sense, of frank, easy, and polite manners. Although 
 he has lived till now an English subject, he may be 
 supposed as much alienated from any particular 
 regard for England as if he had never heard of it -in 
 his life. I sincerely trust I may be mistaken ; but I 
 think it proper to make the remark, as Mr. Jay is Dr. 
 Franklin s only colleague, and being a much younger 
 man, and bred to the law, will, of course, have a great 
 share of the business assigned to his care." 
 
 Grenville had been even more annoyed and dis 
 gusted than Fox at Shelburne s management, and 
 withdrew from the stage against the wishes of the 
 ministry, and the earnest protest of his brother, Lord 
 Temple. The new cabinet being installed, Fitzher- 
 bert was appointed on the part of England to adjust 
 matters with the other powers, and Oswald author- 
 
164 THE LIFE AND TIMES OF JOHN JAY. 
 
 ized to treat for peace with the agents of "the 
 thirteen colonies or plantations " as soon as his cre 
 dentials should have been prepared. Jay, alive, as "* 
 usual, to the dignity of the country he represented, 
 objected to negotiating with him on these terms; but 
 as he and Franklin were required to be governed by 
 the advice of the French ministry, they waited upon 1 
 its chief to obtain his opinion before the document ! 
 in question should have reached Paris. Vergennes, \ 
 in the interview which followed, decided in favor of 
 their proceeding under the expected power ; care, he 
 said, being taken, after the adjustment had been 
 made, to insert an article securing independence. 
 He thought that England s recognition, instead of 
 preceding, should, as a logical consequence, follow, 
 the treaty, and offered a variety of reasons in sup 
 port of this view, enforced by the examples of 
 Holland and other countries. This satisfied Frank 
 lin, who, being appealed to, said that the proposed/ 
 commission to Oswald "would do." He had always 
 received the utmost kindness and personal considera 
 tion from the court at Versailles, and was accustomed 
 to consult its minister on all occasions of doubt. 
 Hence, while entirely loyal to his country, and desir 
 ous of promoting her welfare, he was inclined to 
 close his eyes to a danger which Jay, perhaps, mag 
 nified, owing to the belief that the failure of his 
 Spanish mission was largely due to French intrigues. 
 
THE TREATY OF PEACE. 1 6$ 
 
 He feared, that, unless the United States were first 
 placed in a position of independence, the war might 
 be prolonged for other interests, but, this once con 
 ceded in the commission, Great Britain would be 
 precluded from further claims to sovereignty, and 
 America at liberty to treat with other nations, even 
 should f he present negotiation fail of its purpose. 
 Her^ndependence admitted, and her other conditions 
 accepted, duty would not require her to continue the 
 war for the attainment of Spanish objects. He 
 thought that France did not wish her to be recog 
 nized without having first used her as an instrument 
 to bring Spain to moderate terms of settlement. In 
 no other way could he account for advice so opposed 
 to the dignity of his country, sustained as it was by 
 arguments which Vergennes himself had too much 
 understanding not to perceive to be entirely falla 
 cious. In a second interview, the French premier 
 gave the same grounds for entering upon the nego 
 tiation, and notified the commissioners that the pleni 
 potentiaries of the other powers were awaiting their 
 action. Convinced of the wisdom of his own course, 
 Jay declared that America needed no validity from 
 Great Britain to make her independence effective, 
 and that, provided the latter would treat with her on 
 the same footing of equality as with other nations, he 
 would rest satisfied. 
 
 His situation had become one of great delicacy. 
 
1 66 THE LIFE AND TIMES OF JOHN JAY. 
 
 He was engaged in a negotiation heretofore managed 
 solely by a person in whose integrity, judgment, and 
 patriotism he had always had implicit confidence ; 
 but he saw that Franklin was swayed by the French 
 minister, and disposed to listen to advice which to 
 him seemed fraught with injurious consequences. 
 On reflection, he became more and more confirmed 
 in the belief that France wished to exercise to the 
 fullest extent that control over the proposed treaty 
 With which Congress had unwisely vested her, and 
 that she intended, if possible, to stay an explicit 
 acknowledgment of independence until her own ends 
 should have been attained. Two of his associates 
 on the commission were yet to arrive, and there was 
 no one in Paris of whom he could seek counsel. His 
 youth inclined him to defer to his older colleague, 
 whose knowledge of mankind, and long experience in 
 diplomacy, entitled him to the greatest respect. Be 
 sides, the instructions required that the French min 
 ister should be consulted, and his advice followed ; 
 but his expressed opinion was decidedly adverse to 
 the conclusion that Jay had reached. 
 
 His suspicion of ulterior designs was strengthened 
 by the information that the count had taken pains 
 to notify the court of St. James that he deemed 
 Oswald s commission to be all-sufficient. About the 
 same time that this news reached him, there was 
 placed in his hands an intercepted despatch from a 
 
THE TREATY OF PEACE. 1 67 
 
 French representative at Philadelphia, written while 
 the preparation of the later instructions were still 
 before Congress, recommending to France a policy 
 on the fishery question inconsistent with a cordial 
 alliance of the two nations. Believing that no agent 
 would dare express views which did not conform to 
 those of his court, Jay resolved to guard against 
 the machinations of Vergennes, by positively declin 
 ing to negotiate with England, except upon equal 
 terms. He therefore urged on Oswald his inability 
 to treat on any other condition, pointed out that it 
 was of advantage to Britain that her late colonies 
 should be free from the control of France, as they 
 were determined to be from the mother country, and 
 declared that he would have no concern in any nego 
 tiation in which they were not dealt with as an inde 
 pendent power. As he asserted, the United States, 
 under the credentials that Oswald was to receive, 
 could not be considered as such before the conclusion 
 of the treaty, and, until that time, must be regarded 
 as colonies. Convinced by his reasoning, and satis 
 fied that he could not be moved from the position, 
 the British agent despatched a messenger to London 
 for the new commission which the two Americans 
 had in conjunction prepared. 
 
 After a hurried interview with D Aranda, Ray- 
 neval, the confidential assistant of Vergennes, se 
 cretly departed for the same place, with the purpose, 
 
168 THE LIFE AND TIMES OF JOHN JAY. 
 
 as Jay supposed, of forwarding Spanish interests at 
 the expense of American, of ascertaining if, in the 
 proposed treaty, a division of the fisheries between 
 England and France, to the exclusion of America, 
 were practicable, and impressing upon the cabinet 
 that it was not necessary to alter Oswald s creden 
 tials in the manner required. Whatever may have 
 been Vergennes object, his envoy failed of its 
 accomplishment. On learning the departure of Ray- 
 neval, Jay at once despatched Vaughn to London, to 
 counteract his proceedings, and to assure the Gov 
 ernment that the first step to making friends of 
 those it could not subdue, was to inspire confidence 
 by treating with them on an equal footing. The 
 moment was critical, and immediate peace was essen 
 tial for the preservation of the ministry. Ireland 
 threatened an outbreak ; and the earl had failed to 
 draw to the support of his administration either Fox 
 or North, those statesmen soon forming their un 
 natural and ill-starred coalition. Under these cir 
 cumstances, he reluctantly but gracefully yielded to 
 the representations of Vaughn ; and his agent at 
 Paris was thereupon authorized to treat with THE 
 UNITED STATES OF AMERICA, thus admitting their; 
 independence and an entire separation of the comW 
 tries. 
 
 Less than three months before, Shelburne, when 
 assuming ofBce, had promised the king to oppose 
 
THE TREATY OF PEACE, 169 
 
 recognition, and had recently declared in Parliament 
 that it would cause the sun of England s glory to set 
 forever. Yet he was now forced to submit to an 
 overwhelming public sentiment. This point once 
 conceded, he was not unwilling to grant liberal terms, 
 hoping thereby to detach America from France. 
 
 The new commission reached Oswald on Sept. 27 ; 
 and, under it, negotiation soon commenced. The 
 main difficulty having been overcome, the Newfound 
 land fisheries and the adjustment of the boundaries 
 became the important American issues; the debts 
 due her subjects, and compensation for losses sus 
 tained by the Loyalists, those of Great Britain. 
 Some trouble arose in arranging the boundaries, the 
 British envoy insisting that the Ohio should be 
 the western limit. To this suggestion, the commis 
 sioners, quoting the king s charters, would not listen ; 
 and the matter was finally settled by extending the 
 territory of the United States to the Mississippi 
 River. This left nothing to be desired at the West. 
 During the discussion, an effort was made to restrict 
 the American fisheries to narrow bounds. They had, 
 before the war, given employment to large numbers; 
 and the project was resisted with great firmness and 
 pertinacity. Adams, who arrived late in October, 
 by his familiarity with the subject, proved a valuable 
 coadjutor in sustaining the arguments of his associ 
 ates. He demanded a full participation in them, 
 
1 70 THE LIFE AND TIMES OF JOHN JAY. 
 
 asserting that the early voyagers had first discovered 
 and used them, and that now, when a division of the 
 empire was to be made, a share in all of them should 
 belong to his country, and declared, that, if occupa 
 tion and possession, if war, blood, and treasure, gave 
 such a right, America owned it. He pressed this 
 view of the case with great ability ; and an agree 
 ment was at last reached, by which the right to take 
 fish should continue to belong to the people of the 
 United States wherever it had heretofore been exer 
 cised by them. The claim thus recognized was 
 absolute and permanent, and not, like that of France, 
 contingent upon treaty stipulations . Great Britain, 
 
 1 The third article of the Treaty of Paris is as follows : " It is agreed 
 that the people of the United States shall continue to enjoy unmolested the 
 right to take fish of every kind on the Grand Bank and all the other banks of 
 Newfoundland, and also in the Gulf of St. Lawrence, and at all other places 
 in the sea, where the inhabitants of both countries used at any time heretofore 
 to fish ; and also that the inhabitants of the United States shall have liberty 
 to take fish of every kind on such part of the coast of Newfoundland as 
 British fishermen shall use (but not to dry or cure the same on that island), 
 and also on the coasts, bays, and creeks of all other of his Britannic Majesty s 
 dominions in America ; and that the American fishermen shall have the liberty 
 to dry and cure fish in any of the unsettled bays, harbors, and creeks of Nova 
 Scotia, Magdalen Islands, and Labrador, so long as the same shall remain 
 unsettled ; but, so soon as the same, or either of them, shall be settled, it 
 shall not be lawful for the said fishermen to dry or cure fish at such settlement, 
 without a previous agreement with the inhabitants, proprietors, or possessors 
 of the ground." 
 
 The above clause, establishing the absolute right of America to participate 
 in all the fisheries, was evidently drawn by Adams. His son, thirty-six years 
 later, while secretary of state, in a treaty then negotiated, permitted a change 
 
THE TREATY OF PEACE. i;i 
 
 to her credit, persisted in requiring the restoration 
 of property to the Loyalists ; but, as its confiscation 
 had been decreed by the separate States, the com 
 missioners were debarred from acquiescing. Franklin 
 was, however, aroused, and read to Oswald the orders 
 of the English generals in Carolina, not only confis 
 cating, but actually selling, the property of all patriots 
 within the State. The asperities engendered by the 
 recent contest had not subsided ; and it was too well 
 remembered that the advice of the Tories had in 
 duced the British Government to persevere in its 
 coercive measures, for them to receive consideration 
 at the hands of their countrymen. After all other 
 questions had been adjusted, this came near wrecking 
 the negotiation. The ministry feared to meet Parlia 
 ment without some provision having been made for 
 this suffering class. At the last moment, when 
 every expedient seemed to have been suggested to 
 overcome the dilemma, the Americans proposed 
 inserting an article recommending the several States 
 to restore all confiscated property not already con 
 demned ; and this salvo to England s honor was 
 accepted by her plenipotentiary, with the concur 
 rence of Fitzherbert and Strachey, whom he had 
 been directed to consult in matters of doubt. The 
 
 in the phraseology, whereby, instead of a vested right, it became a concession 
 on the part of England. This gave rise to the difficulties which have since 
 ensued from time to time. 
 
172 THE LIFE AND TIMES OF JOHN JAY. 
 
 debts of individuals incurred before the war were 
 protected by a clause, that no lawful impediment to 
 their collection should be interposed by either coun 
 try. Every thing being thus happily arranged, Jay, 
 at Franklin s request, prepared the document for 
 subscription. Vergennes said, when the treaty was 
 submitted to him, that it had been purchased rather 
 than made, and that Britain s concessions exceeded 
 all that he could have believed possible. It was to 
 become operative only upon the conclusion of a gen 
 eral peace, yet was signed at once ; the commission 
 ers, doubtless, wishing to close the door, and prevent 
 the other powers, then negotiating, from bartering 
 away the rights of their country. 
 
 No treaty entered into by America has exercised a 
 greater influence upon her future destiny. She ob 
 tained every thing she could rightfully claim. By it 
 she broke through the barrier of the Alleghanies, and 
 removed all obstacles to her onward march to impe 
 rial greatness. Gerard had written that ages would 
 elapse before she could play a part in the world s 
 affairs ; but D Aranda, with truer political foresight, 
 wrote to his sovereign, "The Federal Republic is 
 born a pygmy. A day will come when it will be a 
 giant." It was a mortal blow to the prevailing colo 
 nial monopoly, and established the right of every 
 people to frame its own system of government. 
 Great Britain made the old mistake of underrating 
 
THE TREATY OF PEACE. 173 
 
 her progeny, and intrusted her interests to a former 
 merchant and army-contractor, unversed in affairs of 
 state. It was his fortune to encounter those, who, 
 by their talents, zeal, and wisdom, were qualified to 
 meet, in diplomacy, the most profound statesmen of 
 Europe. The edifice which had been erected by 
 Vergennes with so much labor and cunning strategy, 
 failed of its purpose ; and, with the execution of the 
 preliminaries, the United States became emancipated 
 from French control on the one hand, as from Brit 
 ish authority on the other. As has been seen, the 
 commissioners disobeyed the instructions of Con 
 gress, and proceeded without consulting Vergennes. 
 Franklin, who had thought Jay misjudged the motives 
 of that statesman, finally co-operated in preventing 
 his country s welfare from being made subservient 
 to that of another power. 
 
 To Jay is to be assigned a very large share of the 
 honor of securing this treaty. To his prescience in 
 detecting the secret designs of Vergennes, his firm 
 ness in refusing to treat without a pre-acknowledg- 
 ment of independence, the confidence with which he 
 inspired Shelburne, and won him over to his views, 
 America is in a great measure indebted for the vic 
 tory achieved over her recent ally, but then deter 
 mined opponent. He had written before to the 
 secretary at home, "You will never see my name 
 to a bad peace, nor one that does not leave us the 
 
1/4 THE LIFE AND TIMES OF JOHN JAY. 
 
 fisheries," and had carried out his intention of procur 
 ing honorable and satisfactory terms for his country. 
 Fitzherbert, the British envoy, declared that it was 
 solely through his means that the negotiation was 
 brought to a successful termination, and wrote Shel- 
 burne that he "always appeared to judge with much 
 candor and consistency the true interest and policy 
 of his country." Adams said that his was the prin 
 cipal merit, and that the title of "the Washington 
 of negotiation " properly belonged to him. When 
 the provisions became known, Hamilton wrote to 
 him, "The people of New England talk of making 
 you an annual fish-offering." More gratifying, how 
 ever, than other plaudits, was the greeting of his 
 devoted wife. She had witnessed his labors, anxie 
 ties, and cares at both Madrid and Paris, and now 
 wrote, " I congratulate you once more as a deliverer 
 of our country, as well as an affectionate and ten 
 der husband." On the other hand, the secretary 
 of foreign affairs, while approving the conditions, 
 said, " I feel no little pain at the distrust manifested 
 in the management of it, particularly in signing it 
 without communicating it to the court of Versailles." 
 It went no farther than settling the question of inde 
 pendence, arranging the boundaries, and adjusting 
 the rights 0f the respective countries in the New 
 foundland fisheries. Had the commissioners tried 
 to include other subjects, the negotiation would have 
 
THE TREATY OF PEACE. I?$ 
 
 been indefinitely prolonged, and perhaps have proved 
 a failure. They were therefore wisely deferred, to be 
 embraced in a definitive treaty then contemplated, 
 but which failed of accomplishing any thing more 
 than the present one. 
 
176 THE LIFE AND TIMES OF JOHN JAY. 
 
 XIII. 
 
 FRENCH INTRIGUES. 
 
 AS Jay s distrust of France at the time of the 
 negotiation is thought by Sparks and other 
 writers to have proceeded from "an unfounded jeal 
 ousy," and to reflect unjustly on a loyal and gen 
 erous ally, it is proper to review the circumstances, 
 and see whether his discernment did not lead him to 
 form a correct estimate of the intentions of her gov 
 ernment. He never at any time doubted its deter 
 mination to continue hostilities with England until 
 she had relinquished her hold upon the colonies, but 
 he believed that she favored the pretensions of Spain 
 at the West at the expense of America, that she 
 aimed to exclude the latter from any participation in 
 the Newfoundland fisheries, that she intrigued to 
 control the peace negotiations, and endeavored to 
 keep back, for her own purposes, Britain s acknowl 
 edgment of independence. Let us see how far his 
 judgment has been sustained by later revelations. 
 
 Before an outbreak had actually occurred, the atten 
 tion of the French cabinet was drawn to the disturbed 
 
FRENCH INTRIGUES. 177 
 
 condition of the colonies, and the question of extend 
 ing assistance thoroughly discussed. The king and 
 Vergennes were favorable to this policy should the 
 quarrel develop into hostilities. In the progress 
 of events, an alliance had been formed for the 
 assumed purpose of maintaining the sovereignty and 
 independence of the States. While framing this 
 treaty, France had in no wise tried to extort from 
 their necessities any especial advantages for herself 
 and her subsequent contributions of men, material, 
 and money were liberal, timely, and effective. As 
 Vergennes wrote, " We have exacted nothing of the 
 Americans which they cannot give in common to all 
 the nations of Europe." 
 
 While assenting to the general correctness of this 
 statement, and admitting that she was entitled to the 
 warm gratitude of America, we may fairly assume 
 that the motives of France in forming the alliance 
 were not altogether disinterested, but that she simply 
 embraced the opportunity of reducing the power of 
 an imperious rival, who had lately wrested extensive 
 provinces from her. History teaches that the con 
 duct of nations is not regulated by the highest moral 
 ity, but that self-interest is the ordinary rule of action. 
 It was hardly to be .expected, that under the ancien 
 regime, when a noble descent of four generations was 
 essential to become an officer in her army, that 
 France, possessing colonies of her own, would en- 
 
178 THE LIFE AND TIMES OF JOHN JAY. 
 
 gage in hostilities for the benevolent purpose of aid 
 ing a community of republicans in arms against their 
 sovereign. That she was impelled by her own ob 
 jects is clear from the king s declaration when allying 
 himself with them. Replying to Britain s manifesto, 
 he said that he embarked in the contest because his 
 safety, the welfare of his people, invariable policy, 
 and, above all, the secret projects of the court of 
 London, imperatively laid him under the necessity. 
 The "secret projects " alluded to, were North s efforts 
 at conciliation and a peaceful re-union of the empire, 
 which he inferred would menace France. Again, in 
 the same document, he proceeds to say, that, in treat 
 ing with America, " it was with no other view than 
 to put an end to the predominant power which Eng 
 land abused in every quarter of the globe." Ver- 
 gennes instructions to Gerard when starting on his 
 mission, adds still another motive : he said " its per 
 manent union with France had been the king s 
 object" 
 
 Spain, as we have seen, claimed the entire control 
 of the Mississippi, aspired to wrest Florida from Eng 
 land, and conquer and retain all lands lying west 
 of the Ohio. This last she afterward insisted her 
 troops had partially accomplished. France, by the 
 treaty with Spain of April, 1779, had stipulated to 
 conclude no peace without Gibraltar having been 
 first restored ; and, we have reason to suppose, to 
 
FRENCH INTRIGUES. 179 
 
 induce her to embark in the war, had also held out 
 the hope of assistance in these other designs. The 
 United States claimed jurisdiction to the Mississippi, 
 and a joint right to its navigation above the thirty- 
 ninth parallel. By the treaty of alliance, France had 
 guaranteed the American territory, without denning 
 its extent ; and her engagements with the two powers 
 therefore necessarily conflicted. The political connec 
 tion between the cabinets of Versailles and Madrid 
 had been intimate from the time that Louis XIV. 
 placed his grandson upon the Spanish throne ; and 
 in the present dilemma the former sided with Spain, 
 probably supposing that honor and policy alike for 
 bade them deserting an old and tried friend in the in 
 terest of their new allies. When the instructions to 
 the commissioners were being prepared, Gerard noti 
 fied Congress that the territory of the United States 
 extended no farther west than the limit to which set 
 tlements had been permitted ; and when Jay reached 
 Paris, Vergennes, after verbally and in writing deny 
 ing the justice of the American claims in that direc 
 tion, and advocating those of Spain, placed the matter 
 in the hands of his confidential secretary, whose care 
 fully prepared memorial, contesting the rights of the 
 United States, and his strenuous and officious efforts 
 to press the negotiation with D Aranda, attest that 
 the minister was not at fault in the selection of his 
 agent. Jay correctly supposed that the latter s pro- 
 
180 THE LIFE AND TIMES OF JOHN JAY. 
 
 ject for a new boundary had been inspired by his 
 chief. Had America accepted his construction, she 
 would thereby have been deprived of all territory 
 north of the Ohio, together with parts of Kentucky, 
 Tennessee, Alabama, and Mississippi. In short, from 
 the preparation of the envoy s early instructions by 
 Congress to the time of his leaving Europe to return 
 home, there was, on the part of the French cabinet, 
 an active, continuous, and frequently obtrusive sup 
 port of the Spanish pretensions against those of the 
 United States. 
 
 With respect to the Mississippi. Knowing the 
 sentiments which prevailed at Versailles, Montmorin, 
 the French ambassador, had early written to Ver- 
 gennes from Madrid that "his most Christian majesty 
 could not afford his Catholic majesty a greater proof 
 of attachment than by employing his influence to 
 divert their (America s) views from the navigation 
 of the Mississippi." The influence sought was exer 
 cised. Gerard, who left the French Department of 
 Foreign Affairs to become minister to the United 
 States, informed Congress that their country had no 
 right to its navigation, as she possessed no territory 
 adjoining any part of it, and endeavored to obtain a 
 sight of Jay s instructions when returning to Europe 
 with him, but failing in this, tried to persuade him 
 that the abandonment by his country of all claims to 
 the use of the river for its entire length was requisite 
 
FRENCH INTRIGUES. l8l 
 
 to a successful accomplishment of his mission. The 
 premier wrote to Lucerne, his successor, " It behooves 
 the Congress to be categorically explicit on this point, 
 and to declare that the United States put forward no 
 pretension on that score, i.e., the Mississippi, and will 
 be content to request the gracious countenance of 
 the king of Spain, as far as his interest will permit 
 him to grant it." 
 
 Looking upon the fisheries as a training-school for 
 seamen, the courts of Versailles and St. James alike 
 jealously guarded their respective rights therein. 
 The American demand to participate in them was 
 early known to Vergennes, who was not unwilling 
 that an enterprising people, situated near by, should 
 be precluded from making their country a naval 
 power. He thus wrote to Lucerne, " Fishing along 
 the coast of Newfoundland, Canada, etc., belongs ex 
 clusively to the English. The Americans have ab 
 solutely no claim thereto; and if we do enjoy it in 
 certain places, it is not in virtue of a common right, 
 but of treaties which have expressly reserved us the 
 privilege." When Jay s original instructions were 
 prepared, this question possessed no immediate im 
 portance ; and Gerard, familiar with his recent course 
 in Congress, and consequent unpopularity in the 
 Eastern States, may have thought, that, when called 
 upon to act, he would not heartily support their 
 particular interest. The later directions to him, 
 
1 82 THE LIFE AND TIMES OF JOHN JAY. 
 
 when being prepared, aroused that section of the 
 country ; and after an earnest discussion, it was 
 determined, as before stated, not to make the fish 
 eries an ultimatum in the approaching negotiation, 
 but to form no treaty yielding the point without 
 the consent of all the States. Marbois, the French 
 chargt at Philadelphia, advised Vergennes to have 
 the king " express his surprise at this assumption on 
 the part of Congress " "that they set forth their pre 
 tensions without paying regard to the king s rights," 
 and to declare "that their pretensions are not well 
 founded." Rayneval, in Paris, also contested the 
 claim to the ocean-fisheries, and advised the com 
 missioners, in the proposed treaty, to be satisfied with 
 those along the coast. We now perceive that the 
 agents of France abroad, and under-secretaries at 
 home, on all occasions held the same official language 
 as the ministry they served. Adams viewed the con 
 duct of France in the same light as Jay, and once, 
 when Oswald objected to Americans curing fish on 
 shore, wrote in his diary, " I could not help observ 
 ing that these ideas appeared to come piping hot 
 from Versailles." 
 
 It is evident that France regarded with disfavor 
 any participation of her allies in the deep-sea fish 
 eries, and would have debarred them from it could 
 this have been accomplished without exposing her 
 purpose, and thus causing a disruption of the ami- 
 
FRENCH INTRIGUES. 183 
 
 cable relation between the countries. The fisheries 
 and the Mississippi navigation furnish a key to her 
 attitude prior to and during the negotiation. Spain 
 needed her assistance at Gibraltar and the West, and 
 she wanted the aid of that power in excluding 
 America from the Newfoundland fisheries, and there 
 fore desired to keep the matter of independence in 
 abeyance until a satisfactory settlement of these 
 questions should have been reached. Hence the 
 pressure of her cabinet to have Jay treat with 
 D Aranda, and the commissioners with Oswald, 
 under the latter s defective authority. The policy 
 of France had always been, to have the secondary 
 powers of Europe dependent upon her; and while 
 she had embarked in the contest with the intention 
 of severing the British Empire, she was not un 
 willing to have America revolve as her satellite, 
 rather than assume the place of a fixed star in the 
 political firmament. With this view, Vergennes 
 had desired " that each State shall ratify the treaties 
 concluded with France by a separate Act, because 
 in this manner each will be bound to us separately, 
 whatever may be the fate of the Confederacy." 
 He had reason to hope that its trade would gravi 
 tate toward those who had befriended the colonies 
 when in adversity ; and it was, therefore, essen 
 tial that his ulterior aims should not be made 
 manifest. The negotiation of the other powers 
 
1 84 THE LIFE AND TIMES OF JOHN JAY. 
 
 hinged upon the recognition of independence; and 
 as soon as the commissioners, by disregarding their 
 instructions, had freed themselves from French con 
 trol, England s necessity placed them at a decided 
 advantage. None of the ministers of other nations 
 could proceed with their business until this pre 
 liminary had been settled. This done, the object of 
 the alliance was secured, and the United States had 
 no further interest in continuing hostilities. 
 
 The mistake generally made in discussing this 
 question, is in assuming that the document borne by 
 Rayneval embraced the whole purpose of his mission 
 to England. The secret designs were too important 
 to be intrusted to any one not standing in the closest 
 relations to his chief ; and Vergennes knew his busi 
 ness too well to expose on paper, projects, which, now 
 that Britain had agreed to concede independence in 
 some shape, would, if divulged, inevitably drive 
 America into the arms of that kingdom. Neither 
 the written instructions, nor the note submitted to 
 the English ministry by him, contained any thing 
 that made it necessary to despatch a confidential as 
 sistant to deliver, nothing that required the hasty 
 presence of D Aranda at Versailles for consultation 
 before Rayneval s departure, nor which justified the 
 profound secrecy and mystery surrounding the entire 
 proceeding, obliging the agent to travel under an 
 assumed name. It is clear that other ends were in 
 
FRENCH INTRIGUES. 185 
 
 view, which were doubtless, as Jay suspected, to 
 intimate to Shelburne that Vergennes did not sustain 
 the American demand for pre-recognition ; to sound 
 him about the two powers excluding the United 
 States from participation in the fisheries, and to 
 ascertain how far he was prepared to support Spain 
 in her pretensions at the West. 
 
 Divining the feelings of the French cabinet, the 
 foreign secretary wrote from London, " I have 
 reason to believe that even the independency of 
 America would not be agreeable to her (France), as 
 the bond between them would thereby be loosened 
 before the conclusion of peace." The mode of de 
 claring it was the point to be determined, the thing 
 which was either to render it truly effective, and 
 place America on high vantage-ground, or, on the 
 other hand, keep her negotiation with England sub 
 servient to Spanish and French interests ; yet Ray- 
 neval said in his note, " As the independence of 
 America is a thing agreed upon, no remark need be 
 made on that subject." Does not this language 
 imply that the commissioners would not be sustained 
 by their ally in demanding a preceding acknowledg 
 ment ? And again, with regard to the Newfoundland 
 fisheries : " This matter has been treated discursively 
 with Mr. Fitzherbert at Paris. If the ideas which 
 have been proposed to him are judged impracticable, 
 I am persuaded they will be weighed with equity at 
 
1 86 THE LIFE AND TIMES OF JOHN JAY. 
 
 Versailles." In other words, the American preten 
 sions were not well founded, and his most Christian 
 majesty did not mean to support them. We now 
 know from Mr. Fitzherbert himself what those 
 "ideas" were. He says that "Vergennes insisted 
 on the expediency of a concert of measures between 
 France and England for the purpose of excluding 
 the American States from the fisheries." What the 
 French court deemed "equitable" may be inferred 
 from the despatch of Marbois already quoted, and 
 Rayneval s own avowal that "the American views 
 should not extend beyond a coast-fishery." Shel- 
 burne had in his possession at the moment, a letter 
 from Oswald at Paris, saying, " The French court 
 evidently wish the colonies might not be satisfied ; " 
 and his lordship s papers show that during the inter 
 view with him, Rayneval "expressed a strong opin 
 ion against the American claim to the Newfoundland 
 fisheries." He would doubtless have been more ex 
 plicit, and have laid open the entire purposes of his 
 court, had not Jay s reasoning convinced the premier 
 that it was "the interest of Britain to render us as 
 independent of France as we are resolved to be of 
 Britain ; " and the cabinet had already determined to 
 clothe its minister at Paris with such powers as 
 would prove satisfactory to the American nego 
 tiators. 
 
 Jay s inflexible attitude in refusing to treat with 
 
FRENCH INTRIGUES. 187 
 
 the Spanish or English envoys without an exhibit of 
 proper credentials, induced Vergennes to despatch 
 his secretary to London ; and his disappointment at 
 not being able to dictate the terms of the subsequent 
 peace was manifested in a querulous letter to Frank 
 lin, saying, "You have concluded your preliminary 
 articles without any communication between us. 
 The instructions provided that nothing should be 
 done without the participation of the king." The 
 consequence of his controlling American diplomacy 
 as was desired, would, doubtless, have been similar to 
 the experience of Holland at the same time. The 
 Dutch envoy was directed to make confidential com 
 munications to Vergennes ; and, as he wrote, " I left 
 things to him, depending on his word, and at last 
 found myself his dupe. * 
 
 Some further illustration of the conduct of France 
 is afforded by the instruction given to Genet by her 
 revolutionary government. " At the very time that 
 the good people of America expressed their gratitude 
 in the most feeling manner, and gave us every proof 
 of their friendship, Vergennes and Montmorin 
 thought that it was right for France to hinder the 
 United States from taking the political stability of 
 which they were capable, because they would soon 
 acquire a strength which it is possible they would be 
 eager to abuse." We are not aware that any special 
 occasion is here alluded to, the reference, doubtless, 
 
1 88 THE LIFE AND TIMES OF JOHN JAY. 
 
 being to the general policy pursued by those minis 
 ters ; but the following sentence is more pregnant 
 and germane to the period under review : "The same 
 duplicity was employed in the negotiation for peace." 
 These expressions indicate the feeling prevalent in 
 the French cabinet down to the Revolution of 1789. 
 
 By the execution of the preliminary articles, 
 America was introduced as an independent power 
 into the family of nations. She was under no en 
 gagements except with France and Holland. Her 
 commissioners were clothed with authority to nego 
 tiate a definitive treaty, and adjust commercial inter 
 course, with the mother country. The first was 
 signed the following September, being a simple 
 transcript of the preliminary. Each country seemed 
 disposed to meet the other in a liberal spirit, but 
 their altered position necessarily involved some 
 changes. The cherished navigation law affected 
 America in a manner she had never before experi 
 enced, and England was unwilling to permit her en 
 franchised subjects the same freedom of trade as 
 before the separation. Discussion on these and 
 kindred points was prolonged, the latter power grow 
 ing more and more indifferent as she found the in 
 capacity of the Confederation enabled her to enjoy 
 an unrestricted traffic with the late colonies, without 
 
FRENCH INTRIGUES. 
 
 the necessity of conceding any privileges in return. 
 Their commercial relations, therefore, remained un 
 defined and unsettled, leaving room for the raids of 
 the future Lords Nelson and Collingwood upon 
 America s West-India shipping, thereby supplying 
 another argument for a closer union of the States. 
 
 During the negotiation, Paris was the centre of 
 interest to the whole world ; and, after Adams and 
 Laurens arrived, its American colony swelled in 
 numbers, and the Hotel of "La Belle Americaine " 
 became a favorite resort. The city was never more 
 gay and brilliant than at this period. The genius of 
 Neckar had provided for the necessities of govern 
 ment, and seemed able to promote prosperity in the 
 midst of an exhaustive war. The queen, then in 
 the meridian of her beauty, was graceful, popular, 
 and almost justified Burke s florid description of her 
 appearance. Concerning this unfortunate princess, 
 Mrs. Jay wrote, " She is so handsome, and her man 
 ners are so engaging, that I was ever ready, while in 
 her presence, to declare her born to be a queen ; and 
 I cannot but admire her resolution to superintend 
 the education of her daughter." The scandal of the 
 diamond necklace had not then arisen to poison her 
 happiness ; and though men were listening, the prel 
 ude was not yet heard of the hurricane soon to 
 devastate the aristocratic circles of the country. 
 
 Aside from sickness, the time spent in Paris by 
 
1 90 THE LIFE AND TIMES OF JOHN JAY. 
 
 Jay and his wife was extremely agreeable after 
 their long and unhappy sojourn at Madrid. Another 
 daughter came to replace the one lost while at that 
 capital, and they were so situated as to hear fre 
 quently from their numerous friends at home. Their 
 associations with Franklin were cordial and intimate, 
 and they participated in the intellectual society which 
 had gathered round him. The work of the Encyclo 
 pedists was done, and they were passing away. Vol 
 taire had been dead some few years. Diderot had 
 returned from Russia, and, with D Alembert, was, 
 in a short time, to meet that death, which, he said, 
 was "but a quarter of an hour s suffering, without 
 consequence and without injury." They had sown 
 the wind. A generation was entering the field of 
 political and natural science, which, in a brief period, 
 was to reap the whirlwind. Religion, with Jay, was 
 no vague sentiment, but was ingrafted in his whole 
 character ; and no man could be more appropriately 
 styled a Christian statesman. Hence the rampant 
 infidelity pervading the higher classes of France 
 was a source of pain and annoyance to him. "I was 
 at a large party," he says in one of his letters, "of 
 which were several of that description. They spoke 
 freely and contemptuously of religion. In the course 
 of conversation, one of them asked me if I believed in 
 Christ. I answered that I did, and that I thanked God 
 that I did." Nothing further passed on the subject. 
 
FRENCH INTRIGUES. 191 
 
 His health had become such as to cause anxiety 
 on the part of his friends ; and he determined to try 
 the waters of Bath before returning to Madrid, and 
 adjusting his long-delayed treaty with the Spanish 
 Government. After drinking them for some time, 
 with decided benefit, he changed his purpose, and 
 concluded, now that peace was restored, to withdraw 
 from public life, and resume the practice of law in 
 his native city. He was, however, unable to leave 
 Europe before the following July, when, after an 
 absence of five years, he reached America. His 
 arrival at home was hailed with the greatest enthu 
 siasm by all classes of his fellow-citizens. Whig and 
 Tory, for the time, joined to do honor to one who 
 had so largely aided in restoring peace to their coun 
 try. The mayor and corporation voiced the public 
 sentiment, and presented him with an address of 
 welcome enclosed in a gold box, together with the 
 freedom of the city. The address said, "You 
 have executed the important trusts committed to 
 you with wisdom, firmness, and integrity, and have 
 acquired universal applause." Nor was this enco 
 mium undeserved. 
 
 He must have been greatly impressed by the altered 
 aspect of the metropolis since leaving it eight years 
 before. The British had evacuated the previous 
 November, but it still bore evidence of their long 
 occupation. The desolating course of the great fire 
 
192 THE LIFE AND TIMES OF JOHN JA Y. 
 
 could be traced by blackened ruins, and many of the 
 churches and public buildings which had been used 
 as barracks were unfit for service. The population 
 was much reduced by Tory emigration ; while the 
 adherents of the king who still remained, and the 
 promoters of independence, had, as yet, hardly learned 
 to bury the past, and unite in starting the city once 
 more on its destined career of commercial greatness. 
 
 If its outward appearance had thus changed, he 
 must have found other changes equally striking in 
 the political condition of the country, as well as 
 among his friends and early companions. His father 
 and mother had both died. The lieutenant-governor 
 and the judges, before whom he had pleaded as a 
 young man, were fugitives from their native land ; 
 and their places were occupied by his own relatives 
 and personal friends. His Alma Mater, which had 
 been turned into a hospital by the military, now 
 sought endowment and reconstruction under repub 
 lican auspices. Duane, his former associate in Con 
 gress, governed the city, and held a court, wherein 
 Hamilton, Burr, Edward Livingston, and a new gen 
 eration of lawyers, were qualifying themselves to 
 appear later before that august tribunal, over which 
 it was soon Jay s destiny to preside. 
 
 De Tocqueville says that revolutions sweep away 
 the causes that engender them, but seldom prove 
 profitable to the generation which makes them ; and, 
 
FRENCH INTRIGUES. 193 
 
 in the present case, the return of peace had not 
 brought with it that degree of prosperity so gener 
 ally anticipated. The outward pressure which kept 
 the States united, having been removed, selfish inter 
 ests tended to drive them apart. They had yielded 
 to the central authority a portion of freedom for 
 safety, and would now resume it. Pownall had pro 
 claimed that America would shift the world s political 
 centre of gravity ; yet, for want of cohesion among 
 the States, she was without weight in Europe. Jay s 
 experience at home and abroad taught him the cause 
 of the disease, and the proper remedy to be applied. 
 He had largely aided in throwing off the British 
 yoke, and it now became his " first wish to see the 
 United States assume and merit the character of a 
 great nation. Until this is done," he said, "the 
 chain which holds us together will be too feeble 
 to bear much opposition." Thenceforth his corre 
 spondence teemed with the necessity of a closer 
 union ; and the sequel will show how far he assisted 
 in bringing about the consummation that he hoped 
 for, and so earnestly desired. 
 
194 THE LIFE AND TIMES OF JOHN JAY. 
 
 XIV. 
 
 SECRETARY OF FOREIGN AFFAIRS. 
 
 TJEFORE returning home, Jay had declared that if 
 -L* the country needed his services, he would give 
 them ; and recent proceedings on the part of Congress 
 called upon him speedily to determine this point. 
 Ere the preliminaries had been settled at Paris, Liv 
 ingston resigned his position as secretary of for 
 eign affairs, but remained in office until peace was 
 fully secured, when he withdrew, leaving it without 
 a head. Many attempts were made to fill the va 
 cancy, all of which failed, owing to the difficulty of 
 making a suitable choice. Having learned in May 
 that Jay would soon return, the appointment was, 
 without loss of time, conferred upon him, causing 
 him not a little embarrassment upon his arrival the 
 following summer. Though it seemed his duty to 
 accept the proffered honor, his own affairs, and those 
 of his clients, heretofore neglected, called for imme 
 diate attention. Congress had already adjourned. 
 The next session was to be held at Trenton ; and as 
 secretary, it would be necessary for him to reside per- 
 
SECRETARY OF FOREIGN AFFAIRS. 195 
 
 manently in that city, and attend daily upon its 
 meetings. While the subject was under considera 
 tion, his own State again elected him one of her dele 
 gates. As this would require but a small part of his 
 time, he adjusted more pressing business, and pro 
 ceeded to Trenton one month after Congress had 
 convened. That body, which had dwindled down to 
 a small number, soon had before it the question of a 
 permanent place for the seat of the General Govern 
 ment, and, after a prolonged discussion, decided on 
 the banks of the Delaware as the proposed site, and 
 authorized the erection of buildings for the accom 
 modation of the executive departments. Trenton was 
 pronounced by the members inconvenient, and it 
 was therefore resolved that they should meanwhile 
 assemble in the city of New York. This seemed to 
 remove his main objection ; and, having been empow 
 ered to choose his subordinates, he was at once in 
 ducted into office. No more fortunate selection could 
 have been made. The soundness of his judgment, 
 diplomatic experience, knowledge of European cabi 
 nets, inflexible resolution, and high moral character, 
 fitted him to deal with all questions likely to come 
 before the department over which he was to preside. 
 The year 1785 opened with the city of New York 
 as the temporary seat of the American government ; 
 Congress having met at that place in January, with 
 Jay as its organ of communication with all domestic 
 
196 THE LIFE AND TIMES OF JOHN JAY. 
 
 and foreign bodies. This position was unquestion 
 ably the most responsible and influential under the 
 Confederation. Its functions were important and 
 varied. The secretary had to prepare plans of 
 treaties with other nations, was expected to attend 
 the meetings of Congress, and take its opinion on 
 matters of moment, and was not unfrequently called 
 upon to make reports involving laborious investigation, 
 while at the same time he conducted an extensive 
 correspondence with the agents and representatives 
 of the country abroad. When Jay assumed charge of 
 the office, it had been without a chief for two years ; 
 and in consequence its current business was greatly 
 in arrear, and its affairs generally in a state of con 
 fusion. Its labors had been largely increased by the 
 late settlement, which opened the United States to 
 the whole world. Commercial and other treaties 
 were being negotiated ; and, as they were concluded, 
 ministers and consuls had to be appointed. The 
 inconvenient form of confederated government ren 
 dered the duties of the secretary unusually burden 
 some. He had at all times to consult a numerous 
 body upon the proper course to be pursued, and fre 
 quently to exhibit the documents he had drawn up 
 before despatching them. Congress sat with closed 
 doors, and he was generally present to furnish mem 
 bers with any information required. He was system 
 atic, and brought to his charge talents of a high 
 
SECRETARY OF FOREIGN AFFAIRS. 197 
 
 order. As a distinguished mark of confidence, he was 
 soon authorized to open all official letters, and for a 
 limited time to inspect in the post-office any private 
 ones from which he thought advantageous information 
 might be derived. Such inquisitorial proceeding was, 
 however, so little in accordance with his sense of pro 
 priety, that it is believed he never exercised the right. 
 The papers which he prepared during his secretary 
 ship evince a determination to base the diplomacy of 
 the country upon principles of rectitude and impar 
 tiality. They also indicate entire familiarity with 
 the law of nations, and a knowledge of the intricacies 
 of European politics. The position of the country 
 that he represented being now assured, they manifest 
 a dignified self-reliance sometimes wanting in his 
 earlier productions of the kind ; while in force of argu 
 ment, and literary ability, they are hardly surpassed 
 by those from the polished pen of his immediate suc 
 cessor. The French minister could now write to 
 Vergennes, "The political importance of Mr. Jay 
 increases daily. Congress seems to me to be guided 
 only by his directions ; and it is as difficult to obtain 
 any thing without the co-operation of that minister, as 
 to bring about the rejection of a measure proposed 
 by him. ... I cannot deny that there are few men 
 in America better able to fill the place that he occu 
 pies. The veneration with which he has inspired 
 almost all members of Congress, proves, more than 
 
198 THE LIFE AND TIMES OF JOHN JAY. 
 
 any thing else, that even the jealousy inseparable 
 from the American character has not prevailed against 
 him, and that he is as prudent in his conduct as he is 
 firm and resolute in his political principles and in 
 his coolness towards France." In this last he was 
 at fault. Jay thus summed up his rule of action with 
 regard to foreign powers: "Treating them all with 
 justice and kindness, and preserving that self-respect 
 which forbids our yielding to the influence or policy 
 of any of them." 
 
 As the recognized head of the Government, he was 
 required to entertain the representatives of European 
 nations, as well as distinguished strangers visiting 
 the country. At least one ceremonial dinner and 
 one drawing-room were given by him each week. 
 On these occasions he was greatly assisted by his 
 wife, whose womanly tact and large experience abroad 
 enabled her to do the honors of the house with be 
 coming dignity. From persons who were present at 
 these receptions, we learn that he wore a suit of sim 
 ple black, was pleasing in his manners, kind, affable, 
 and unassuming. Mrs. Jay was richly dressed, and 
 in good taste, observing the most rigid formalities in 
 her intercourse with foreign diplomatists and their 
 wives. 
 
 When, by the preliminaries, Great Britain had rec 
 ognized the Mississippi as the western boundary of 
 the United States, without reference to Spain s pre- 
 
SECRETARY OF FOREIGN AFFAIRS. 199 
 
 tensions to the eastern bank of that river, Lafayette 
 wrote that umbrage was taken by the court of Madrid. 
 During a subsequent visit made to that place, his 
 spirited representation induced its long-delayed rec- 
 cognition of the newly born Western power ; and in 
 the spring of 1785, Gardoqui, who had been deputed 
 for the purpose, opened correspondence with the 
 American secretary at New York. While in Paris, 
 Jay had induced D Aranda to state Spain s claim, 
 which, besides the exclusive navigation of the Missis 
 sippi, was found to include all the territory west of a 
 line drawn from the Flint in Georgia to the conflu 
 ence of the Ohio and Kanawha Rivers. It had, how 
 ever, been enlarged ; for by the treaty with England, 
 signed a few months later, she had acquired the 
 peninsula of Florida, and now asserted that her do 
 main extended as far north as that part of the West 
 ern country which she had formerly demanded. 
 
 The secretary was directed in the negotiation to 
 stipulate for all territorial rights of the United 
 States, and on no account to yield the navigation of 
 the Mississippi for its entire length. He responded 
 that he entertained the same sentiments on these 
 points as when ambassador to Madrid, and was, 
 therefore, in full accord with this position. The 
 discussion began with this ultimatum on the part oi 
 the United States. Jay was soon satisfied that while 
 Spain might yield somewhat in the matter of bound- 
 
200 THE LIFE AND TIMES OF JOHN JA Y. 
 
 aries, she was fully determined to debar other nations 
 from the use of the river, and that she had instructed 
 her minister in the negotiation to give precedence to 
 this question over all others. The discussion was soon 
 brought to a stand-still. He thereupon suggested 
 to Congress that he should be authorized to enter 
 into a treaty of limited duration, by which America, 
 without receding from her position, should agree not 
 to navigate the river below her own boundaries, post 
 poning other subjects until a more energetic govern 
 ment then in prospect should have been installed, 
 and settlements have grown onward to the frontier. 
 Though not the Spain of Charles and Philip, it must 
 be remembered that that country was still much 
 more than the shadow of a mighty name which she 
 soon became under Godoy the "Prince of Peace;" 
 that she had been disappointed in not obtaining Gib 
 raltar, and was, in consequence, embittered ; that her 
 people were spirited, and her power of aggressive 
 warfare great. America, on the other hand, having 
 just emerged from a prolonged contest, was relatively 
 weak ; and continued peace seemed necessary to the 
 adjustment of her finances, and the establishment of 
 her new political institutions. She had, moreover, 
 no assurance that France would think her guaranty 
 covered these claims, but, on the contrary, good 
 reason to suppose that she would feel bound, as here 
 tofore, to support those of Spain. Time was an 
 
SECRETARY OF FOREIGN AFFAIRS. 2OI 
 
 important element for the country, and the course 
 suggested by Jay seemed the most advisable to be 
 pursued. Its proposal, however, excited distrust in 
 Congress ; and Madison, overlooking the fact that 
 Virginia had but a few years before directed her 
 delegates to yield the navigation of the Mississippi, 
 now professed to think that American interests 
 would surfer in the hands of the very agent to whom 
 the reservation was due, and sought to have the 
 negotiation transferred to Madrid, and intrusted to 
 the management of his friend, Mr. Jefferson, then 
 minister to France. This idea, it is needless to say, 
 was not entertained. 
 
 Jay reported that he was convinced that his coun 
 trymen had a good claim to the use of the river from 
 its source through to the ocean ; and unless an ac 
 commodation should take place, " the dignity of the 
 United States, and their duty to assert and maintain 
 their rights, render it proper for them to insist on 
 this right, complain of its violation, and demanding 
 in a temperate and inoffensive, but, at the same time, 
 a firm and decided manner, that Spain shall cease in 
 future to hinder our citizens from freely navigating 
 the river. In case of refusal, it will be proper for the 
 United States to declare war against Spain." The 
 committee to whom this report was referred, deter 
 mined in view of the Philadelphia Convention, that 
 no further steps in the negotiation should be taken ; 
 
202 THE LIFE AND TIMES OF JOHN JA Y. 
 
 and the question was bequeathed as a legacy to the 
 new government. In the mean while, emigration 
 Westward was swelling to large proportions. In 
 truders upon the disputed territory were driven off 
 or punished by Spanish officials, who, it was said, in 
 cited the Indians to acts of hostility against the 
 settlers. Rumors getting abroad that Congress pro 
 posed yielding to Spain s pretensions, the hardy yeo 
 men of the West, instigated by emissaries from 
 revolutionary France, threatened to take matters 
 into their own hands, sweep down the Mississippi, 
 and drive the Spaniard into the Gulf. The curtain 
 was rising upon Europe s great drama; a National 
 Government was established at home ; and, though 
 war seemed at times impending, the administration of 
 Washington succeeded in adjusting the difficulties, 
 until, a little later, the prompt diplomacy of Jefferson 
 happily settled them in a manner not then anticipated 
 by either nation. 
 
 With Jay rested in a great measure the executive 
 power of the Union, and experience more and more 
 satisfied him that the Articles of Confederation were 
 entirely inadequate for a country with such large and 
 varied interests. His official duties required that he 
 should demand from England a withdrawal from the 
 Western ports that she continued to hold, as well as 
 compensation for the slaves carried away by her 
 troops ; while, at the same time, he was made painfully 
 
SECRETARY OF FOREIGN AFFAIRS. 203 
 
 aware that Congress was powerless to enforce upon 
 its constituents a compliance with the provisions of 
 the treaty he had framed. His public papers and 
 private correspondence during this period testify to 
 his earnest desire to have an energetic government 
 substituted for the weak Confederacy he was serving. 
 He could not believe " such a variety of circum 
 stances have combined almost miraculously to make 
 us a nation for transient and unimportant purposes," 
 and thought "no time is to be lost in raising and 
 maintaining a national spirit," became "daily more 
 and more convinced that the Constitution of the 
 Federal Government was radically wrong," and "that 
 power to govern the Confederacy for general pur 
 poses should be given." Nor was he alone in view 
 ing the situation as full of peril. His solicitude was 
 shared by Washington, Hamilton, and others who 
 had endured the cares and anxieties of the war, 
 hoping thereby to promote the welfare of the coun 
 try. The Articles had barely subserved the design 
 of their creation, and were unfitted for a condition 
 of peace. States, which, during the recent contest, 
 had stood side by side, now waged commercial war 
 fare on each other. Public bankruptcy had already 
 occurred, and private bankruptcy seemed about to 
 follow. A centrifugal force was at work. The sec 
 tions were flying apart, and virtue was rapidly dis 
 appearing from among the people. Under these 
 
204 THE LIFE AND TIMES OF JOHN JA Y. 
 
 circumstances, any change must be an improvement; 
 By the exertion of those who had been watching the 
 drift, a remedy was happily sought in a closer union. 
 This had won independence, and could alone secure 
 it. Simultaneously with the negotiation between 
 America and Spain, a convention of delegates from 
 all the States, except Rhode Island, was held at 
 Philadelphia. In it were men of eminent ability, 
 probity, and experience, who had studied the political 
 system of other nations, and were thoroughly qualified 
 for the grave and important duty before them. Some 
 of them, doubting their authority to go farther, 
 wanted to patch up the Confederation ; while others, 
 with a truer conception, were determined on framing 
 a national Constitution adapted to the necessities of 
 the country ; one which should combine freedom 
 with stability, the union of all with the right of each 
 separate State, and practically proclaim as a cardinal 
 principle the sovereignty of the people heretofore in 
 abeyance. On Sept. 17 the new Constitution was 
 presented to the world. While doing so, Washing 
 ton said, "In all our deliberations we have kept 
 steadily in our view that which appears to us the 
 greatest interest of every true American, the con 
 solidation of our Union, in which is involved our 
 prosperity, felicity, safety, perhaps our national exist- 
 ence." 
 The present organization of the Government seems 
 
SECRETARY OF FOREIGN AFFAIRS. 205 
 
 so natural, that one is apt to presume the several 
 members fell into the situation without any difficulty. 
 On the contrary, the process was a slow one. Na 
 tions are created by events ; and, though the seed 
 was sown, it required years for a truly national sen 
 timent to grow up among the people. The exigen 
 cies of the times had, in 1643, brought the Eastern 
 Colonies into league, and later the home authorities 
 recommended a concert of measures against the com 
 mon enemy. This, perhaps, directed their attention 
 to the advantages of closer alliance, which were made 
 more manifest by the Committees of Correspondence 
 calling forth mutual sympathy, and producing har 
 monious action. The severance of political connec 
 tion with Britain was, it is true, the joint act of "the 
 people " of all the colonies ; but there was nothing in 
 the Declaration itself to indicate that they intended 
 to form themselves into a body politic. This, how 
 ever, necessarily followed ; and the subsequent treaty 
 conceded independence to the whole United States, 
 embracing a far greater extent of territory than the 
 original charters called for. No weighty considera 
 tion had been given to Franklin s plan of Union when 
 laid before the Congress of 1775 ; nor was the pro 
 posal of New England heeded five years later, that 
 the relations of the States to each other should be 
 adjusted in a more solid and permanent manner. 
 Throughout the Revolutionary struggle, there was dis- 
 
206 THE LIFE AND TIMES OF JOHN JAY. 
 
 played, in many of them, an aversion to a closer con 
 nection, and to having more energy conferred on the 
 central power. The Articles of Confederation, though 
 a long step in advance, simply created a grand coun 
 cil, depending upon thirteen different authorities to 
 give effect to its resolves. It formed " a perpetual 
 union," but developed little of the spirit of national 
 ity. This last was fostered by the territorial expan 
 sion of the country, and, though repressed by the 
 restrictive measures of President Jefferson, became 
 an active, living sentiment after the second contest 
 with Britain. 
 
 After an arduous session of four months, the result 
 of the Convention was to be submitted for approval 
 to assemblies elected by the people of each State. 
 Much diversity of opinion had been manifested in 
 that body, and unanimity was secured only by con 
 cession and compromise. The larger States yielded 
 their preponderating influence in the Senate ; the 
 planting ones the importation of slaves after a brief 
 period, and were, in return, protected by the rendi 
 tion of fugitives from labor, and a partial representa 
 tion in Congress of their negro population, all of 
 them surrendering to the National Government nearly 
 every attribute of sovereignty. It remained to be 
 seen whether those who were to pass judgment upon 
 the work would be actuated by the same spirit of 
 conciliation that had been displayed at Philadelphia, 
 
SECRETARY OF FOREIGN AFFAIRS. 2O/ 
 
 and a more perfect and closer union obtained. It 
 soon became the absorbing theme ; and, in some sec 
 tions, speakers rode from county to county, discuss 
 ing the propriety of its adoption. Jay firmly believed 
 that the people are the source of all just authority; 
 and, because the State Legislatures intervened, he 
 had objected to the recent convention, suggesting, 
 instead, that citizens of the separate States should 
 elect deputies to one authorized to prepare, and at 
 once inaugurate, a constitution for the whole country. 
 Washington, who anxiously sought the opinions of 
 others in order to arrive at a correct conclusion for 
 himself, after a lengthened correspondence, thus 
 sums up those of Jay : " He does not promise 
 himself any thing very desirable from any change 
 which does not divide the sovereignty into its proper 
 departments. Let Congress legislate ; let others 
 execute ; let others judge. Proposes a governor- 
 general, limited in his prerogative and duration ; that 
 Congress should be divided into an upper and lower 
 House, the former appointed for life, the latter 
 annually ; that the governor-general should act with 
 the advice of a council formed for that only purpose, 
 the great judicial officers to have a negative on his 
 acts. The more power granted the Government, the 
 better, the States retaining only so much as may be 
 necessary for domestic purposes ; and all the princi 
 pal officers, civil and military, being commissioned 
 
208 THE LIFE AND TIMES OF JOHN JAY. 
 
 and removed by the National Government." These 
 were Jay s theoretical views at the time, of what a 
 constitution for the United States ought to be ; yet 
 when the one framed at Philadelphia was placed 
 before the country, he at once threw them aside, 
 and gave it an earnest, cordial, and effective support. 
 With the idea of forming and guiding public opin 
 ion, he, with Hamilton and Madison, addressed the 
 people in a series of papers, commenting upon the 
 proposed instrument, and advocating its adoption. 
 Guizot said of these essays, that, in the application 
 of the elementary principles of government to prac 
 tical administration, they were the greatest work 
 known to him. Talleyrand strongly recommended 
 them ; while Chancellor Kent thought them equally 
 admirable for their wisdom, patriotism, candor, sim 
 plicity, and elegance. Jay s contributions, however, 
 were small, being from the second to the fifth number 
 inclusive, and one other near the close of the series. 
 In the first four, he aimed to exhibit the advantage 
 heretofore derived from a union of the States, and 
 to point out the danger likely to be incurred from a 
 separation. In the last, he reviewed the powers that 
 were delegated to the General Government. It had 
 been intended that he should participate largely in 
 the preparation of the papers, but an unfortunate 
 accident prevented his doing so. Upon his recovery, 
 he published an address to the citizens of New York, 
 
SECRETARY OF FOREIGN AFFAIRS. 209 
 
 in which, while not directly advocating the proposed 
 plan, as was already done, he endeavored to show 
 the small probability of a better one being secured, 
 the manifest impolicy, and even danger, attending its 
 rejection, thereby permitting the country to remain 
 in its disorganized condition. The composition of this 
 address displayed the eminently practical character 
 of his mind, and the study he had given the subject. 
 The opposition to the adoption of the Constitution 
 in the Empire State, led by Governor Clinton, was 
 powerful in numbers, ability, and influence ; and in 
 the severe party struggle which ensued, intense heat 
 was evolved. Her extent, population, wealth, and 
 geographical situation conferred upon New York the 
 ability to become an independent commonwealth ; 
 and the governor, with many of the citizens, was 
 unwilling that she should descend from this supre 
 macy, and place herself on a level with her smaller 
 sisters at the East. Two of her delegates to Phila 
 delphia had withdrawn from the Convention ; and 
 the third signed the Constitution, not that it met 
 his full approval, but because the condition of affairs 
 demanded a change, and the present plan was the 
 best attainable. 
 
 Public duties had required Jay s presence at the 
 seat of government while the general convention was 
 being held. He was now, without a dissenting voice, 
 elected by his fellow-citizens a member of the one 
 
210 THE LIFE AND TIMES OF JOHN JAY. 
 
 authorized to express the judgment of the State upon 
 its labors. The canvass for seats was warm and ac 
 tive ; and when it assembled, it was found that out 
 of sixty-five delegates, the friends of the new system 
 had elected but nineteen, truly a discouraging 
 prospect. 
 
 The State Convention met at Poughkeepsie on June 
 17, and was organized by the selection of Clinton as 
 its presiding officer. The discussion was opened by 
 Chancellor Livingston s showing the great necessity 
 of union to the States, and declaring that the Articles 
 of Confederation had not maintained domestic peace, 
 supported credit, nor promoted commerce, and that 
 they should therefore be abandoned. He was fol 
 lowed by Hamilton, who recommended to the mem 
 bers a calm and considerate examination of the 
 instrument before them. While Jay participated in 
 the deliberations of the body, and by his weight of 
 character exercised a decided influence over its pro 
 ceedings, he made but a single elaborate speech. 
 This was in reply to Smith, who had disapproved of 
 the small number of representatives assigned to the 
 new Congress, as affording an opportunity of their 
 being corrupted. He dwelt therein upon the impor 
 tance of a union to the prosperity and happiness of 
 the people ; admitted objections to the proposed plan, 
 but contended that the number of members would be 
 found adequate to all the purposes of the federal gov- 
 
SECRETARY OF FOREIGN AFFAIRS. 211 
 
 ernment ; demonstrated that there was more facility 
 for corruption in the present Congress than there 
 could possibly be under the Constitution, and that 
 they would in time be found sufficiently numerous to 
 please the most jealous advocate for liberty. He 
 closed by expressing the wish that the delegates 
 might return to their homes with the consciousness 
 of having earnestly sought the truth, and done their 
 duty. The younger Hamilton says, " The speech was 
 delivered in his quiet, limpid style, without gesture." 
 Such we should suppose to have been the case. Jay 
 was not impassioned. Appealing to reason, he was 
 unable to impress others with a fervor that he did 
 not himself feel. All of his addresses are void of sen 
 tences which, spoken at critical moments, decide the 
 fate of great questions. It was provided that the 
 Constitution should go into operation when ratified 
 by nine States. Eight had already signified their 
 approval when the New- York Convention assembled, 
 neither Virginia nor New Hampshire being of the 
 number. Within one week they, too, ranged them 
 selves beside the others, leaving the Union severed 
 should New York fail to join them. This accession 
 inspired the zeal of the friends of the Constitution. 
 Jay wrote, " An idea has taken air that the southern 
 part of the State will, at all events, adhere to union, 
 and, if necessary to that end, seek a separation from 
 the northern." The knowledge of this feeling prob- 
 
212 THE LIFE AND TIMES OF JOHN JAY. 
 
 ably discouraged the followers of Clinton. The con 
 vention came together, as we have seen, with the 
 greater part of its members opposed to ratification; 
 but by the unflagging efforts of Hamilton, Livingston, 
 and Jay, combined with apprehension of the evils 
 which would follow a rejection of the instrument, the 
 number of votes required for its passage was secured ; 
 and on July 25, upon the motion of Jay, the question 
 was determined by a majority of three. New York 
 was thus preserved as the keystone to the Union, as 
 she had been to the arch of independence ; and it is 
 safe to declare that the influence of no one of the 
 three delegates above named could have been spared 
 on this important occasion. Kent, who was present 
 as a spectator, says, "There was no difficulty in 
 deciding at once on which side of the House the 
 superiority in debate existed ; yet in the ordinary 
 range of the discussion, it was found that the dignity, 
 candor, and strength of Jay, the polished address and 
 elegant erudition of Chancellor Livingston, the saga 
 city and exhaustless researches of Hamilton, were 
 met with equal pretensions of their opponents." It 
 is somewhat remarkable that during the debates by 
 practical statesmen, no one pointed out the danger 
 likely to arise from an equality of votes for the high 
 est two offices, which a few years later shook the 
 entire political structure to its foundation ; nor that 
 other defect whereby a House, two years after its 
 
SECRETARY OF FOREIGN AFFAIRS. 213 
 
 election, though not representing the prevailing sen 
 timent, might be called upon to select a President 
 for the United States. 
 
 The Constitution having been ratified, open oppo 
 sition to it soon subsided. For a period, there was 
 calm on the lately troubled waters, and all were dis 
 posed to extend to it a considerate support when the 
 expected amendments should have been made. The 
 imperfections of the present system had become so 
 glaring, that men looked with hope to the future, sat 
 isfied that, even if they had not obtained what they 
 wished, the new form of government was, at least, an 
 improvement on the old. The quiet transfer which 
 followed, of all administrative functions to an organi 
 zation called into being by a simple majority of the 
 citizens of each State, was an anomaly in the world s 
 experience, and proved a happy augury for the success 
 of the experiment. 
 
 Under every government where freedom of expres 
 sion is tolerated, two parties are found, having their 
 germs in the principles of human nature itself. 
 Whatever character they may assume at particular 
 junctures, the moving spirit of the one is the desire to 
 limit, and that of the other to extend indefinitely, the 
 control of the people. While conservatism and prog 
 ress are the most important elements in their division, 
 it does not follow that they will be kept in constant 
 antagonism. Prejudice and self-seeking, personal 
 
214 THE LIFE AND TIMES OF JOHN JAY. 
 
 dislikes and love of change, among the members, con 
 trol their movements. Many of the early emigrants 
 had fled from oppression in Church and State, and, 
 claiming the greatest liberty in their new sphere, 
 scanned closely the proceedings of the home govern 
 ment, and contested every measure of the colonial 
 authorities calculated to restrict their freedom. From 
 the beginning of the Revolutionary contest, the people 
 had displayed on all occasions an antipathy to a single 
 national executive, and were only reconciled to it, in 
 the new organic law, by its evident necessity, and 
 the assurance that the trust was to be lodged in the 
 hands of one who had voluntarily relinquished su 
 preme military command to retire to the repose of 
 private life. They still watched with jealousy an 
 office they deemed closely related to royalty. Soon 
 after Washington s inauguration, this feeling was fur 
 ther developed by the forms that were introduced at 
 the executive mansion, although they were due to 
 others rather than to its incumbent. An animated 
 discussion took place in Congress respecting the ap 
 pellation proper to bestow upon the chief magistrate, 
 and the mode of intercourse between him and that 
 body was manifestly imported from Britain. Wash 
 ington always had great admiration for fine, blooded 
 horses, and when at home had, like other gentlemen, 
 indulged his taste by driving his coach and four, with 
 liveried servants, over the rough roads of his native 
 
SECRETARY OF FOREIGN AFFAIRS. 21$ 
 
 Virginia. The same style, however, when displayed 
 at Philadelphia, was thought to partake too much of 
 the system that had been cast off; and the objection 
 was not lessened when he started on his Eastern tour 
 in this manner, accompanied by six negro servants, 
 together with his public and private secretaries. 
 
 All written instruments even the Scriptures 
 themselves are subject to diverse interpretations; 
 and, as might be expected, as soon as legislation was 
 entered upon under the Constitution, it was found 
 that among members an honest difference existed as 
 to its proper construction. These things did not 
 tend to allay the public feeling of uneasiness. For 
 the time being, however, the antagonism was inchoate 
 awaiting further developments before it assumed the 
 condition of an organized political opposition. 
 
2l6 THE LIFE AND TIMES OF JOHN JAY. 
 
 XV. 
 NATIONAL PARTIES. 
 
 WITH the installation of the new government, 
 four executive departments were created, Jay 
 remaining in that of State until the arrival of 
 Jefferson, who had been appointed secretary. The 
 others were filled by the nomination of Alexander 
 Hamilton to the Treasury, Henry Knox to the War 
 Department, and Edmund Randolph as attorney- 
 general. All were young, their ages averaging less 
 than forty years. The last named had been a dele 
 gate to Congress, governor of Virginia, and was a 
 prominent member of the recent convention. In 
 that body he had opposed an equality of the States 
 in the Senate as well as a single executive. Knox 
 had joined the army before Boston, served with 
 honor throughout the Revolution, and was secretary 
 at war under the Confederation. 
 
 Hamilton and Jefferson, the leaders in the cabi 
 net, would have been men of mark in any country. 
 They were in the prime of life ; had already 
 stamped their impress upon the institutions of 
 
NATIONAL PARTIES. 2I/ 
 
 America, and were destined to become personally 
 and politically antagonistic, marshalling the two 
 great parties which were soon to contend for the 
 government of the nation. The first named was a 
 man of profound intellect, vigorous and versatile, 
 self-sustained, decided and unyielding, with remarka 
 ble powers of investigation, grasping large principles, 
 yet comprehending details ; deeply read in Constitu 
 tional law, and drawing his inspiration from the 
 well-springs of the past. The other possessed great 
 mental activity, and knowledge of human nature; 
 was sanguine, plausible, jealous, bold in speculation, 
 and reasoned from theory rather than experience. 
 Lacking robust courage, he often achieved his ends 
 by indirect and devious means which his bolder rival 
 would have scorned to use, the rather frankly avow 
 ing his purpose, and justifying its pursuit. Jeffer 
 son was unfitted to meet men in open debate, and 
 soon aspired to higher office and greater honors ; 
 while his opponent, equally powerful with the tongue 
 and pen, was satisfied with his elevated position and 
 acknowledged influence. 
 
 Mr. Jefferson entered upon the duties of his de 
 partment in the spring of 1790. He had been 
 absent in France during the agitation attending the 
 convention and the adoption of the Constitution ; 
 though it was understood that when amended, it 
 met his approval. While lingering in Virginia upon 
 
2l8 THE LIFE AND TIMES OF JOHN JAY. 
 
 his return, he had carefully gauged public senti 
 ment, and found that it was adverse to the pomp 
 and ceremony by which the chief magistrate was 
 surrounded, as well as to all measures calculated to 
 increase the authority of the General Government 
 at the expense of the several States. Hamilton s 
 proposals for funding the national debts, and assum 
 ing those of the States, had been introduced into 
 Congress two months before Jefferson s arrival in 
 New York, and were at the time an absorbing 
 theme in public journals and private assemblies. 
 Knowing nothing about matters of finance, but find 
 ing that they had the concurrence of Washington, 
 Jefferson gave them a tacit support ; and after being 
 coupled with a scheme for planting the permanent 
 seat of Government on the banks of the Potomac, 
 they passed both Houses during the summer, and re 
 ceived the signature of the President. It is fair to 
 add that Jefferson always claimed that he had been 
 deceived into giving them any countenance what 
 ever ; though he had resided at New York four 
 months before they passed Congress, and, as he says 
 politics were the chief topic, he must have heard 
 them discussed in every social circle. 
 
 By the enactment of these laws, Hamilton s influ 
 ence became supreme, to the manifest annoyance of 
 Jefferson. The secretaryship of state was the first 
 place in the cabinet, yet the secretary of the treas- 
 
NATIONAL PARTIES, 219 
 
 ury by this stroke had become the all-powerful min 
 ister. The financial arrangements precipitated the 
 latent elements of opposition into an organized body 
 which rapidly grew and expanded. It required a 
 leader, and thenceforth Jefferson marshalled his 
 forces with the skill of a military veteran. Wary, 
 cool, untiring, in profound secrecy he laid plans to 
 be carried out by subordinates, and endeavored by 
 covert means to unite his friends, and sow distrust 
 among opponents. As a press was needed, he 
 called Freneau from New York, and pensioned him 
 with an office to attack that Government whose ser 
 vants they both were. He proceeded to enlist 
 under the Republican, or Democratic, banner the 
 young, ardent, and aspiring ; all who had opposed 
 the Constitution, together with those whom he 
 could persuade that the Treasury was corrupting 
 the country, and preparing it for the introduction of 
 monarchy. As an evidence of this, he pointed to the 
 trappings of royalty which had been introduced at 
 the Presidential mansion, and to the assumption of 
 State debts. On the other side were found most 
 of those distinguished men who, either in the cabi 
 net or field, had participated in the Revolution, with 
 many bankers and merchants now enjoying an un 
 usual degree of -prosperity. Those, too, who had 
 favored the adoption of the Constitution, became 
 adherents of the administration, while by the 
 
220 THE LIFE AND TIMES OF JOHN JAY. 
 
 assumption of State debts, the possessors of these 
 were made upholders of the Union. The financial 
 measures of the secretary had resulted, as he per 
 haps hoped, in having individuals in all sections of 
 the country interested in the stability of the Gov 
 ernment, and therefore willing to support those in 
 trusted with its management. Jay s conservative 
 nature, past experience, friendship and intimate 
 association with Washington, Ames, Schuyler, 
 Hamilton, naturally led to his political identification 
 with those whose principles he thought essential to 
 the security and continued growth of America. 
 
 The two great parties thus organized were equally 
 patriotic, and alike desired to maintain the Constitu 
 tion, promote the advancement of the country, and 
 increase the happiness of its citizens. They dif 
 fered only as to the mode of attaining these ends, 
 the one thinking to do so by an energetic national 
 government ; the other by restricting its power, and 
 reserving to the separate States a greater or less 
 supervision over its proceedings. Some of the Fed 
 eralists, when in the convention, would have pre 
 ferred a stronger form of government than that 
 adopted; yet, the Constitution once ratified, they 
 were resolved that it should have a fair trial, though 
 they entertained grave doubts as to its being the best 
 fitted for the purpose intended. The federative 
 principle of combining State and popular represen- 
 
NATIONAL PARTIES. 221 
 
 tation was a novelty in political science, and its effi 
 cacy was yet to be tested. Jay, after lending all his 
 powers to obtain the adoption of the Constitution, 
 thus expressed himself : " Whether any people can 
 long govern themselves in an equal, uniform, and 
 orderly manner, is a question of vital importance, 
 whose solution can only be determined by experi 
 ence." They had in youth been nurtured by the 
 spirit of England s laws and literature, and, as it 
 were, still breathed the atmosphere of her institu 
 tions. These last were of a more popular character 
 than those of any other nation, and had always 
 been held up before them as combining the largest 
 degree of personal freedom to the subject, with 
 extreme energy on the part of the central authority. 
 Hence, while one party was inclined to give a nar 
 row and contracted interpretation to the organic law 
 of America, the other wished to assimilate its oper 
 ation to that of Britain, and claimed for it a latitude 
 which they deemed necessary for the object of its 
 creation. 
 
 Experience has demonstrated that they both con 
 tributed to the national welfare during the period of 
 universal agitation growing out of the French Revo 
 lution. Like the centripetal and centrifugal forces 
 of the solar system, they preserved the nation in a 
 state of comparative equilibrium, preventing on the 
 one side its alliance with France, and on the other 
 
222 THE LIFE AND TIMES OF JOHN JAY. 
 
 its joining with Britain in her sanguinary contest 
 with that country. Not the least fortunate or provi 
 dential incident in the annals of America, is the 
 fact that things had run their course, and a stable 
 government been founded under a chief of sound 
 judgment, moderation, and firmness, before the cur 
 tain rose upon the portentous and bloody drama 
 enacted in France. The state of the country would 
 have been deplorable had that stupendous event oc 
 curred during the weak and inefficient government 
 of the Confederation. With little cohesion between 
 the States, their citizens differing in character, inter 
 ests, and pursuits, and split into factions, it would 
 have proved an inviting field for the subtle diplomacy 
 and military power of the belligerents, and many of 
 them would doubtless have been remanded into that 
 condition from which they had but lately emerged. 
 
 The opening scenes of the French Revolution 
 were hailed with unbounded enthusiasm by all 
 classes in the United States. Having recently 
 established their own independence by the generous 
 aid of that nation, their sympathy and good will 
 were attracted by her efforts to remove the inequali 
 ties which weighed so heavily upon the freedom and 
 prosperity of her subjects. Its farther progress, 
 however, destroying the social organization, and pro 
 ducing a constitution which sprang not naturally 
 nor developed gradually from the life and character 
 
NATIONAL PARTIES. 22$ 
 
 of the people, was well calculated to arrest the 
 attention of the calm and more experienced states 
 men of America. They knew that it was not pos 
 sible for a body of theorists, however skilled, to 
 form of themselves a system of government as a 
 mechanic would construct a machine. Morris, an 
 acute observer then on the spot, wrote to Washing 
 ton in the summer, " The authority of the king and 
 nobility is completely subdued, yet I tremble for the 
 Constitution." When the movement had pro 
 gressed still farther, royalty been abolished, and the 
 guillotine installed in the seat of power, the Federal 
 party lost all sympathy with it, and shrunk from 
 countenancing the assassins who professed to be 
 exponents of the national will. 
 
 Hamilton, who knew the condition of France only 
 from association with her higher military officers, 
 thus expressed himself : " When I perceive passion, 
 tumult, and violence usurping the seat where reason 
 and cool deliberation ought to preside, I acknowl 
 edge that I am glad to believe there is no resem 
 blance between what was the cause of America and 
 what is the cause of France ; that the difference is 
 not less great than between liberty and licentious 
 ness. Would to Heaven that we could discover in 
 French affairs the same decorum, the same dignity, 
 the same solemnity, which distinguished the cause 
 of American Independence ! " 
 
224 THE LIFE AND TIMES OF JOHN JAY. 
 
 Jefferson, on the other hand, had resided in the 
 country, was familiar with the nature of the French 
 government, and counselled the early leaders in 
 a manner hardly befitting an ambassador to the 
 king. He saw nothing to condemn in the atrocious 
 September massacres, save as they might bring dis 
 credit upon the "patriots." Said he, in speaking of 
 them, " In the struggle which was necessary, many 
 guilty persons fell without the form of trial, and with 
 these some innocent. It was necessary to use the 
 arm of the people, a machine not quite so blind 
 as balls and bombs, but blind to a certain degree." 
 These were the sentiments of the Republican chief, 
 and his followers took the same general view of the 
 proceedings in Paris. The violence with which such 
 opinions were expressed, naturally drove their adver 
 saries to closer sympathy with English institutions. 
 The proper interpretation to be given to the Con 
 stitution had heretofore been the dividing-line ; but 
 now a foreign element was introduced, which, carry 
 ing the country back to a semi-colonial dependence 
 on Europe, widened the breach between the national 
 parties of America. Henceforth the difference 
 between them was more distinctly marked. In the 
 selection of his first cabinet, Washington appears to 
 have thought to conduct the government independ 
 ent of either of them. If such was his expectation, 
 he was undeceived before the close of one term. 
 
NATIONAL PARTIES. 22$ 
 
 The feeling by that time had become so violent that 
 he had to choose their successors exclusively from 
 those in entire sympathy with his own federal 
 principles. 
 
226 THE LIFE AND TIMES OF JOHN JAY. 
 
 XVI. 
 
 CHIEF JUSTICE. 
 
 WHEN organizing the government, Washing 
 ton s attention was naturally drawn to the 
 eminent abilities and distinguished services of Mr. 
 Jay ; and he manifested his appreciation by tender 
 ing him any cabinet position he might select. He, 
 however, wrote to the President on another occasion, 
 that there was no public station which he would 
 prefer to that of chief justice of the Supreme 
 Court. His earlier studies, the judicial character of 
 his mind, his familiarity with the principles under 
 lying American institutions, combined with the ex 
 perience required while presiding over the highest 
 tribunal of his native State, peculiarly fitted him 
 to discharge the functions of this dignified and im 
 portant office. The Act of Congress establishing it 
 was signed in the autumn of 1789; and he was the 
 same day nominated its chief, with five associates, 
 one for each circuit, it being required that two 
 terms of the Supreme Court should be held each 
 year. 
 
CHIEF JUSTICE. 227 
 
 Jay was forty-four years of age when he took his 
 seat upon the bench. He is described as somewhat 
 under middle height, with a person well formed, 
 though rather thin, and "in his manner combining 
 the affability of the gentleman with the dignity of 
 the statesman." His health had been restored ; 
 and with a vigorous, well-balanced mind, and great 
 power of endurance, he conscientiously performed 
 the duties appertaining to the position. He as 
 sumed the traditionary gown of the English judges, 
 but discarded the solemn wig so intimately con 
 nected in the public mind with the features of 
 Somers, Mansfield, and Pratt, choosing rather to 
 wear his hair off the forehead, and tied behind in a 
 cue. The face beneath indicated strength ; and 
 
 " Deep on his front engraven 
 Deliberation sat." 
 
 As was well said by one who knew him, " When the 
 ermine of the judicial robe fell on John Jay, it 
 touched nothing less spotless than itself." 
 
 In a letter enclosing his commission, Washington 
 embraced the .occasion to express the singular pleas 
 ure he felt in addressing him as the head of " that 
 department which must be considered as the key 
 stone of our political fabric." In this he did not 
 magnify its scope ; as no tribunal is so august in its 
 functions, nor possesses the same extended jurisdic- 
 
228 THE LIFE AND TIMES OF JOHN JAY. 
 
 tion. In foreign countries, the judiciary forms no 
 part of the political system, its business being con 
 fined to the interpretation and application of the 
 laws in cases of dispute between individuals. To the 
 other branches of the American Government belong 
 those duties, which have been, from time to time, ex 
 pressly imposed with the Constitutional limitations. 
 This court, as its title implies, is not only em 
 powered to arbitrate between the States, but to 
 review, and even nullify, the Acts of the supreme 
 legislature itself, when they contravene the organic 
 law which it is intended to protect from covert or 
 open assault. At that time, the path to be pursued 
 was untrodden : the bounds of its authority were 
 to be accurately ascertained and mapped out, while 
 questions touching the powers of Congress and the 
 relations of the States to each other and to the cen 
 tral government were to be determined. Jay wanted 
 the latter endowed with ability to resist their en 
 croachments. He had realized by his own experi 
 ence that the Articles of Confederation were inade 
 quate for such a nation as the future promised, and 
 was too well aware that their most striking defect 
 was the absence of any judicial body to interpret 
 and enforce the laws, not to assert for the tribunal 
 over which he presided, the utmost power conferred 
 upon it. It was therefore to be expected that fault 
 would be found with its early decisions. Regarding 
 
CHIEF JUSTICE. 229 
 
 the United States as supreme within its boundaries, 
 they were marked by what may be deemed an ex 
 treme Federal bias. For the first time, the States 
 felt that they were controlled by superior authority, 
 and, like a newly bridled horse, were restive and 
 impatient. A question soon arose which afforded 
 Jay the opportunity to vindicate the independence 
 of the court, and gave assurance, that, in his hands, 
 it would be preserved from trespass by co-ordinate 
 departments. It had been enacted that all applica 
 tions for pensions should be passed upon by the 
 Circuit Court, with the right of appeal to an exec 
 utive officer of the United States. The chief justice, 
 with his associates, pronounced the law unconstitu 
 tional upon the ground that no duties, other than 
 judicial, could be laid upon them, nor a revisionary 
 power granted over their proceedings. Congress 
 wisely accepted this decision as final, and, recogniz 
 ing their supremacy as the expounders of the Consti 
 tution, repealed the Act at the following session. 
 
 The first term of the Supreme Court was held in 
 the city of New York, in the spring of 1790, when 
 its organization was effected, and its officers ap 
 pointed. At the succeeding February term, attor 
 neys and counsellors were admitted ; but, unlike its 
 sessions at the present time, there were no cases 
 upon the trial-docket. On April 4, 1790, the first 
 circuit was held, when Jay delivered his charge to 
 
230 THE LIFE AND TIMES OF JOHN JAY. 
 
 the grand jury. We have already alluded to the 
 circumstances under which, as head of the State 
 Judiciary, he had addressed a similar body at Kings 
 ton. The struggle in which the country was then 
 engaged had been brought to a close, her independ 
 ence was acknowledged, and a national government 
 instituted. Its successful operation would largely 
 depend upon his interpretation of its powers ; and 
 it therefore must have been with great emotion, 
 and a deep sense of responsibility, that he entered 
 upon his duties, and proclaimed that justice and 
 good faith were to be his guide in the solution of 
 all public as well as private controversies. Law 
 founded on religion was the staple of his argument. 
 On this basis alone, he thought, could rational 
 liberty be built. "Let it be remembered," he 
 said, "that civil liberty consists, not in the right 
 for every man to do just what he pleases, but it 
 consists in an equal right for all citizens to have, 
 enjoy, and do in peace and security, and without 
 molestation, whatever the equal and Constitutional 
 laws of the country admit to be consistent with the 
 public good." 
 
 At another circuit held in the city, the chief jus 
 tice presiding, the first case involving a Constitu 
 tional question was decided ; and the earliest opinion 
 filed in the Supreme Court was one in favor of the 
 State of Georgia, by the tenor of which she was 
 
CHIEF JUSTICE. 23 1 
 
 granted an injunction to stay the payment to others 
 of a debt which she had confiscated. This suit is 
 chiefly remarkable as being the only one in which a 
 ^p^cial trial by jury has been had in that court. 
 The most important case while Jay sat upon the 
 bench, was an action instituted in 1792, by a citizen 
 of South Carolina, against the State of Georgia. It 
 was novel in character, and had to be determined, 
 not by precedent and legal authorities, but by the 
 great principles of justice and Constitutional law. It 
 turned upon the question whether a State, being 
 sovereign, could be sued in the Federal Tribunals 
 by an individual. After the service of the writ, the 
 attorneys, on the part of Georgia, presented a pro 
 test, denying the jurisdiction of the court, and, under 
 instructions from the governor, declined taking any 
 further part in the proceedings. The case was held 
 under advisement for two weeks, when four of the 
 five judges each delivered an able and elaborate 
 opinion, sustaining the right of a citizen to sue a 
 State of the Union. The chief justice drew the 
 distinction between a sovereignty, where the power 
 is vested in a single person, and a State, where it 
 is lodged in an aggregate of individuals. It was 
 admitted, he said, that a State possessed the power 
 to sue a citizen, and why, therefore, could not a man 
 sue his fellows in the aggregate ? The Constitution 
 gave the court jurisdiction over controversies be- 
 
232 THE LIFE AND TIMES OF JOHN JAY. 
 
 tween a State and citizens of another State, and in 
 no respect indicated who was to be plaintiff and who 
 defendant. Surely, while enabling a State to become 
 a plaintiff, it in no wise debarred it from being made 
 a defendant, in a suit brought, it might be, by the 
 same individual. He then asked, was it to enjoy 
 the high privilege of acting wrongfully, without con 
 trol? He deemed the construction wise, honest, 
 and useful, as the most obscure citizen would thus 
 not be left without the means of obtaining justice, 
 which was the same, whether due one man from a 
 million, or a million from a single person. When 
 delivering the opinion, he said, " The prostration of 
 State rights is no object with me. I remain in per 
 fect confidence, that with the power which the people 
 and Legislatures of the States indirectly hold over 
 almost every movement of the National Government, 
 the State need not fear an assault from bold ambi 
 tion, or any approaches of covert stratagem ; nor 
 would it be any degradation of their authority to 
 submit to the supreme judiciary of the United 
 States." 
 
 The maxim that " the king can do no wrong," is 
 sound in Constitutional law ; for, being the supreme 
 authority, there is no court competent to take cog 
 nizance of an action against him ; and if there were, 
 it could not enforce its decisions, as the head of a 
 
 1 See Appendix B. 
 
CHIEF JUSTICE. 233 
 
 nation is not within reach of its tribunals. As Coke 
 says, the king can arrest no man, for there is no 
 remedy against him. The separate States did not, 
 however, possess entire sovereignty. Some of its 
 attributes had been conceded at the time of the 
 Confederation, and so many more for the purpose of 
 forming "a more perfect union," that it was a ques 
 tion whether they could of themselves exercise any 
 sovereign powers whatever. Indeed, all those claimed 
 for them by Jefferson in the Declaration, had in 
 express terms been conferred upon the National 
 Government. The Supreme Court has authority to 
 issue writs of execution against one State to sat 
 isfy a judgment obtained by another ; and in becom 
 ing amenable to those issued for the benefit of a 
 private citizen, the dignity of a State would be no 
 further compromised. The court may even now 
 wrest from its possession an individual held in con 
 travention of his rights as a citizen of the United 
 States, but the sufferer under a Constitutional 
 amendment has no means of redress for the injury 
 to person or property that he may have sustained 
 from the States. 
 
 It is true that Hamilton in "The Federalist" had 
 promulgated a different opinion ; but that of the 
 court was strongly upheld by the attorney-general, 
 who was a strenuous advocate for State rights, and 
 had refused to sign the Constitution at Philadelphia 
 
234 E LIFE AND TIMES OF JOHN JAY. 
 
 because of its alleged defect on that head. Speaking 
 of Georgia s denial of jurisdiction, he said, "This 
 brings into question a Constitutional right supported 
 by my own convictions : to surrender it, in me, would 
 be official perjury." Suits of a similar nature had 
 been instituted before against both New York and 
 Maryland ; yet the announcement of the present 
 decision aroused public attention, and was officially 
 brought to the notice of several State Legislatures. 
 Further proceedings in the case were postponed ; 
 but Georgia lost no time in openly defying the 
 Federal authority, declaring any of its officers at 
 tempting to levy an execution within her borders, 
 guilty of felony, and liable to capital punishment. 
 Feeling in the State did not subside until her own 
 interpretation of the Constitution had been embodied 
 in an amendment. In consequence of this, the 
 court in February, 1798, determined not to take 
 further action in the matter. The capitalists of 
 America have since had abundant reason to regret 
 the adoption of this amendment ; and it is clear that 
 the reputation of some of the States would have 
 been subserved, had Jay s construction been estab 
 lished as law, and the ability to enforce it sustained 
 by public sentiment. The main, indeed the only, 
 purpose in forming the Constitution, was " to estab 
 lish justice;" and this object cannot be entirely 
 accomplished while members of the Union are per- 
 
CHIEF JUSTICE. 235 
 
 mitted to disregard with impunity their engagements, 
 and repudiate their solemn contracts. The United 
 States have thought it not to comport with the 
 honor of a great nation to wrong the meanest of her 
 citizens, and has therefore opened all of her courts 
 to those claiming she is their debtor. The dignity of 
 the several States would in no wise be lowered were 
 their creditors permitted to establish the justice of 
 their claims in the same manner, reserving to the 
 Legislatures the question of making the appropriation , x 
 for their payment. / While presiding over a circuit 
 in the city of --Richmond, it was officially brought 
 to the notice of the chief justice, that Genet, the 
 French minister, after landing at Charleston, had 
 proceeded to equip privateers against English com 
 merce, and had also compromised the country by 
 erecting courts of admiralty within its bounds for 
 the condemnation of their prizes. He thereupon 
 instructed the grand jury to present all persons 
 found guilty of violating the law of nations with 
 respect to the belligerent powers, thus affirming, that, 
 independent of any statute, the United-States courts 
 possessed jurisdiction over such offences. Nor was 
 he alone in the opinion. The same view was under 
 stood to be held by McKean of Pennsylvania, a 
 stalwart Republican, and by the district judges of 
 the United States, with the single exception of Chase 
 of Maryland, a Federalist. Under the construction 
 
236 THE LIFE AND TIMES OF JOHN JA K 
 
 that the law of nations formed part of the common 
 law of the land, the counsel of Genoa at Philadel 
 phia was tried, and found guilty of misdemeanor in 
 sending anonymous and threatening letters to Ham 
 mond, the British minister; and an effort was also 
 made to convict both Cobbett and Bache for libels 
 against the ambassador of Spain. No decision ad 
 verse to that of the chief justice was given until 
 1798, when Judge Chase ruled to the contrary; and 
 the question was definitely settled by the Supreme 
 Court, determining that an infringement of inter 
 national law when not embodied in a statute is not 
 indictable in the Federal tribunals. 
 
 The case of Henfield, arrested at Hammond s 
 request, aroused much attention. His prosecution 
 was under the advice of the attorney-general, who 
 held that such persons were subject to punishment 
 as disturbers of the peace of the country. The 
 defendant was admitted to have been a citizen of 
 the United States while serving as an officer on 
 board a vessel commissioned by Genet, which had 
 been fitted out in America, and had captured and 
 brought a British prize into the port of Philadelphia. 
 The chief justice, who presided at the trial, charged, 
 that, as the country was in a position of neutrality, 
 those who aided either belligerent transgressed the 
 common law. Notwithstanding this, the prisoner 
 was acquitted upon the plea that the offence had 
 
CHIEF JUSTICE. 237 
 
 been committed in ignorance. Great sympathy was 
 expressed for him, and the conduct of Jay was com 
 mented on with unusual severity. It was contended 
 that Henfield s case was precisely similar to that of 
 Lafayette, De Kalb, Steuben, and others, who left 
 their own country to participate in the American 
 struggle. This was unjust. The court did not deny 
 the right of a citizen to expatriate himself, and enter 
 the service of another nation ; but, in the present 
 affair, the vessel had been fitted out, manned, and 
 commissioned in America, to cruise against the com 
 merce of a nation with whom the country was at 
 peace. 
 
 There was no law at the time on the statute- 
 books, prohibiting proceedings like those in question ; 
 and in the absence of such, there is little doubt that 
 Jay s ruling prevented hostilities with England. 
 America professed neutrality as regarded the powers 
 at war, and was bound by international law to pre 
 vent her ports from being used for the purpose of 
 warring against the commerce of either of them. 
 The distinguished jurisconsults who assembled at 
 Geneva held that one nation is responsible for the 
 material damage that another may sustain from 
 a wrong originating within its jurisdiction, and 
 said in the case of the "Alabama," "The British 
 Government cannot justify itself for a failure of 
 due diligence on the plea of inefficiency of the 
 
238 THE LIFE AND TIMES OF JOHN JAY. 
 
 legal means of action which it possesses." r Wash 
 ington s sense of justice enabled him to anticipate 
 this determination, when he declared that the United 
 States ought to " effectuate the restoration of, or to 
 make compensation for, prizes which shall have been 
 made by privateers fitted out at their ports." 
 
 The last case that we shall notice was the very 
 interesting one decided in the city of Richmond in 
 1793, in which the chief justice presided, assisted 
 by Associate Iredell and the district judge. It was 
 eloquently and exhaustively argued by the highest 
 legal talent of the South, Patrick Henry and John 
 Marshall appearing for the defendants, while Mr. 
 Wickham, and others equally eminent, represented the 
 plaintiffs. The verdict was to the effect that debts 
 due to British subjects by citizens of Virginia should 
 be paid, notwithstanding that the Acts of her assem 
 bly passed prior to the adoption of the Constitution 
 prohibited their recovery. 2 Jay said the Revolution 
 
 1 Before the Geneva Conference was held, the British and American Gov 
 ernments had settled upon the principle that " a neutral power is bound to use 
 due diligence to prevent the fitting out, arming, or equipping within its 
 jurisdiction of any vessel which it has reasonable ground to believe is intended 
 to cruise, or carry on war, against a power with which it is at peace ; and also 
 to use like diligence to prevent the departure from its jurisdiction of any 
 vessel intended to cruise, or to carry on war, as above ; such vessel having been 
 specially adapted in whole or in part within such jurisdiction to warlike use." 
 
 2 In December, 1787, the State of Virginia passed an Act removing all 
 restrictions to the collection of debts due to British subjects, provided the 
 governor should first notify the State that the posts had been surrendered in 
 
CHIEF JUSTICE. 239 
 
 had not annulled the debt, though the amount had 
 been paid into the State Treasury, and the court 
 could take no cognizance of the breach of a treaty 
 in bar without a declaration to that effect by Con 
 gress. This decision, overruling the proceedings of 
 the State, and affecting many prominent persons in 
 it, was a cause of great dissatisfaction, and proved 
 a well-used weapon in the hands of those opposed to 
 the national administration. 
 
 In accepting the Presidency, Washington assumed 
 duties to which he had heretofore been a stranger. 
 The Constitution was the chart by which he was to 
 be guided, but its construction was not at all times 
 clear ; and, as was his wont on occasions of doubt, 
 he conferred with those who shared his confidence. 
 The members of what is now termed the cabinet, 
 were equally divided in their interpretation, and the 
 two leading minds hostile to each other. Under 
 these circumstances, he naturally turned to Jay, who 
 was frequently consulted as to the proper course to 
 be pursued during the foreign complications then 
 rife. His advice was also sought as to the nature of 
 the reception to be accorded Citizen Genet, upon his 
 arrival as the representative of the New French 
 Republic, and afterwards upon the expediency of 
 
 conformity with the treaty, and that Great Britain " is taking measures for 
 the further fulfilment of said treaty by delivering up the negroes belonging 
 to citizens of this State." 
 
240 THE LIFE AND TIMES OF JOHN JAY. 
 
 issuing a proclamation of neutrality, and a suitable 
 draft of such a paper requested at his hands. Wash 
 ington also appealed to him from time to time, to 
 suggest subjects to be brought forward for the con 
 sideration of Congress, and, when preparing his 
 farewell address to -the American people upon re 
 tiring from their service, privately submitted the 
 sketch of that celebrated paper to him and Hamilton 
 for revision. Jay s judicial language coincided in all 
 cases with the neutral position of the Government, 
 and was calculated to strengthen its hands ; and one 
 of his charges was published by it as indicative of 
 its exposition of international law. The situation 
 of foreign affairs was novel and perplexing to the 
 President, who, fancying an analogy to the English 
 Constitution, called upon the judges of the Supreme 
 Court for an extra judicial opinion. This they de 
 clined giving, as "they felt themselves precluded 
 from determining questions not presented to them 
 in the regular course." 
 
CANDIDATE FOR GOVERNOR. 241 
 
 XVII. 
 
 CANDIDATE FOR GOVERNOR. 
 
 WE have now to narrate an episode in Jay s life 
 which at the time gave rise to a very embittered 
 feeling, and was the indirect cause of his final with- . 
 drawal from public service. As governor of New 
 York, Clinton had for some time failed to satisfy a 
 large number of his constituents. When he was first 
 placed in that position, the State was overrun by 
 the enemy ; and an officer of boldness, energy, and 
 decision was required for the emergency. Fourteen 
 years had since passed ; and an executive possessing 
 the qualities of a statesman rather than those of a 
 robust leader was now demanded, as well as one 
 whose political opinions were in full accord with the 
 administration of Washington. The task of his dis 
 placement had been undertaken by the Federal party 
 three years before without success. The governor 
 had numerous followers among the rural population 
 of the State ; and to accomplish his overthrow, it 
 was necessary for his opponents to choose a candi 
 date who would receive the cordial support of their 
 
242 THE LIFE AND TIMES OF JOHN JA V. 
 
 party-friends, and one whose fitness for the office 
 would challenge that of the body of citizens, who 
 under ordinary conditions determine an election. 
 
 The selection of a man combining these qualifica 
 tions became a matter for careful consideration with 
 the leaders of the opposition. The chief justice was 
 generally regarded as the most available, but he had 
 before declined the nomination ; and his known aver 
 sion to personal and party warfare, with the exalted 
 station that he occupied under the National Govern 
 ment, seemed to preclude all chance of his agreeing 
 to enter the political arena. Gen. Schuyler, 1 and his 
 son-in-law, Hamilton, 1 appear to have taken great 
 interest in the question, the earlier proceedings 
 being conducted under the most complete modern 
 system. Jay s 1 consent to become a candidate was 
 first wrung from him by these gentlemen, when, at 
 a meeting of their friends, he was formally placed in 
 nomination, and a committee appointed to wait upon 
 him, who reported that "it would give him great 
 satisfaction to serve his fellow-citizens in that 
 office if honored with their suffrages." Clinton s 1 
 supporters had entered him in the lists the day 
 before ; and, meetings being held ratifying the nom 
 inations, the issue between them was fairly joined. 
 
 1 These names afford a striking illustration of the diversity of race em 
 bodied in that of the American. Schuyler was of Dutch descent ; Clinton 
 Irish ; Jay, French, and Hamilton, Scotch, 
 
CANDIDATE FOR GOVERNOR. 243 
 
 In an address to "the independent voters," Jay s 
 committee said, "If a man of the most approved 
 integrity, abilities, and patriotism, who has served 
 you in various capacities at home and abroad, who 
 was the principal framer of your State Constitution, 
 and one of the chief agents in negotiating the treaty 
 of peace with Great Britain, is worthy of your choice, 
 come forward, and give your suffrage for him regard 
 less of the frowns or opinions of any person. The 
 man whose cause you will espouse is a citizen who 
 has not only the ability, but continues the disposi 
 tion, to render the most essential service to this 
 State ; and whose fame is not confined to the country 
 that gave him birth, but has reached, and done honor 
 to the American cause and character, in many parts 
 of Europe." 
 
 The struggle between the opposing parties was 
 very animated, and resulted in the election of Jay 
 in the spring of 1792 by a considerable majority of 
 the ballots cast ; but the canvassers, mostly friends 
 of Clinton, objected to accepting the votes of three 
 counties which had been given for the Federal can 
 didate. The Constitution required that the different 
 sheriffs should be annually appointed by the governor 
 and council ; but, owing to various causes, this had 
 not been uniformly done, and the practice had grown 
 up for the old incumbents to continue performing 
 official functions until their successors had qualified. 
 
244 THE LIFE AND TIMES OF JOHN JAY. 
 
 The interval was at times but a few days, and rarely 
 a long period. The sheriff of Otsego County had 
 declined a re-appointment; but, as the new officer 
 did not make his appearance on the scene before 
 the election, he discharged the duties on that occa 
 sion. This was assigned as a reason for discarding 
 the returns from that county. The votes of Clinton 
 and Oswego were also rejected, the one because 
 the returns had been despatched by an unsworn 
 deputy-sheriff, and the other because the messenger 
 bearing them was taken sick upon the road, and had 
 intrusted them to another person for delivery to the 
 secretary of state at Albany. It was shown that 
 custom had sanctioned such proceedings, and that, 
 if the votes of either two of the counties were ad 
 mitted, the election of Jay was beyond cavil. Smith 
 testified that he considered himself to be the sheriff 
 of Otsego, and that he was in the daily practice of 
 serving writs, and doing other business appertaining 
 to the position. It was proven also that the sheriff 
 of New York had once held office for six months 
 after his commission had expired; while that of 
 Orange, at the former election for governor, had 
 returned the ballots after his term, thereby seating 
 Clinton in the chair of state. There was no pre 
 tence that the disputed votes had not been honestly 
 and legitimately given ; and their rejection, therefore, 
 made the voice of the minority override that of the 
 
CANDIDATE FOR GOVERNOR. 245 
 
 majority. Forms of procedure are established as a 
 necessary incident to the main purpose of ascertain 
 ing in a fair and satisfactory manner the sentiment 
 of the larger number, and the very foundation of 
 Republican institutions is shaken when these are 
 warped to defeat the expressed will of the people. 
 
 The political campaign had been conducted with 
 extreme acrimony ; and the hesitation of the can 
 vassers, to ratify the choice of the citizens, excited a 
 violent ferment throughout the State, and an angry 
 discussion between the friends of the respective can 
 didates. Some of the most eminent members of the 
 bar in Philadelphia were consulted by either side; 
 but the question of counting the suspended vote was, 
 by agreement, finally submitted to the two New- 
 York senators, Aaron Burr and Rufus King ; the 
 one a supporter of the Republican party, the other 
 a pronounced Federalist. After investigating the 
 subject, the referees arrived at opposite conclusions. 
 Burr, with legal acumen, rested his arguments upon 
 the requirements of the Constitution, and was for 
 having it literally observed ; while King, looking to 
 its spirit, preferred to protect the rights of those for 
 whose benefit it had been framed, and have their 
 evident intention carried into effect. The canvass 
 ers, thus compelled to choose between two opinions, 
 diametrically opposed, determined, as a matter of 
 course, to follow the one which accorded with the 
 
246 THE LIFE AND TIMES OF JOHN JA Y. 
 
 political preferences of the majority, and, rejecting 
 the returns from the three counties, by a vote of 
 seven to four, declared Clinton to be legally elected. 
 That gentleman was accordingly inducted into office. 
 Upon the announcement of the result, great excite 
 ment was manifested on the part of the Federalists, 
 the canvassers charged with corruption, and Clinton 
 stigmatized as grasping authority rightfully belong 
 ing to another. The minority of the committee 
 were not idle. They protested, and carried the mat 
 ter before the Legislature at the following session. 
 A large number of witnesses, pro and con, were then 
 examined ; and a discussion, lasting at intervals for 
 many months, took place : but Clinton remained in 
 the gubernatorial chair three years longer. The fla 
 grant wrong inflicted upon the people, with the door 
 to fraud thus opened, should the State authorities at 
 any time neglect or refuse to appoint sheriffs in 
 opposition counties, aroused universal indignation 
 among Jay s partisans ; and he was pressed by the 
 more ardent to challenge the adverse decision, and 
 assume the office needful aid of every kind being 
 assured. 
 
 He was holding a circuit at Bennington, pending 
 the determination of the canvassers, and reached the 
 State soon after its promulgation, to find the most 
 intense feeling on the subject. He was met by 
 friends and supporters, at the various towns through 
 
CANDIDATE FOR GOVERNOR. 247 
 
 which he passed, with addresses of welcome, and pro 
 tests against the recent proceedings, as being " in 
 contempt of the sacred voice of the people, in defi 
 ance of the Constitution, and in violation of the 
 uniform practice and settled principles of law." He 
 had been a passive spectator rather than an active 
 participant in the late canvass, and now, while real 
 izing the injustice done him, preserved a calm and 
 dignified demeanor, counselling moderation on the 
 part of all, with submission, and a strict obedience to 
 the State law. Replying to the New- York address, 
 he said, " In questions touching our Constitutional 
 privileges, the social duties call upon us all to unite 
 in discussing them with candor and temper, in de 
 ciding them with circumspection and impartiality, 
 and in maintaining the equal rights of all, with con 
 stancy and fortitude." As he approached the city, 
 he was received by a cavalcade of friends ; and at a 
 public dinner, given him a few days later, when he 
 rose to retire, the entire company, as a mark of re 
 spect, adjourned, for the purpose of escorting him to 
 his dwelling. His conciliatory course during the 
 crisis, while elevating him in the estimation of his 
 fellow-citizens, prevented any illegal ebullition of 
 popular feeling ; and the government of the State, 
 under Clinton, proceeded without interruption for 
 the remainder of the term. 
 
248 THE LIFE AND TIMES OF JOHN JA Y. 
 
 XVIII. 
 
 RELATIONS WITH ENGLAND. 
 
 GREAT BRITAIN, in the articles of peace with 
 her late colonies, had contracted to arrange the 
 boundaries between their respective possessions, to 
 vacate with convenient speed all territory belonging 
 to them, and stipulated that her forces should nei 
 ther carry off nor destroy private property on with 
 drawing from the country. The United States, on 
 its part, agreed to earnestly recommend to the sev 
 eral States the restoration of sequestrated property, 
 not already condemned, and to urge the removal of 
 every impediment to British subjects collecting their 
 debts from American citizens the question of the 
 mercantile interests of the two countries being left 
 unsettled. 
 
 Supposing that a Confederation which had carried 
 the States through a seven years war had sufficient 
 authority to regulate their intercourse with other 
 nations, Pitt, with the concurrence of the Shelburne 
 ministry, early introduced into the Commons a lib 
 eral bill, modifying the Navigation Act, and adjusting 
 
RELATIONS WITH ENGLAND. 249 
 
 commercial relations with America. It encountered 
 the antagonism of Fox and most of his followers, 
 though receiving the support of Burke in an able and 
 statesman-like speech. Ere it had passed the House, 
 the unnatural alliance between the Whigs and Tories 
 was consummated, a union of those who had en 
 deavored to subjugate the colonies, with a party that 
 had steadily denounced them as fit for the scaffold. 
 Fox, with a characteristic lack of discretion, made 
 the preliminaries at Paris the occasion for displacing 
 the cabinet, and inducting his friends and new allies 
 into office. The further consideration of Pitt s bill 
 was necessarily postponed, the ministry pledging 
 themselves to introduce a satisfactory measure of the 
 kind. The famous East-India Bill was, however, 
 the more pressing ; and upon it the coalition was 
 wrecked, leaving to their successors the task of 
 conciliating America by carrying out the provisions 
 of the late treaty. 
 
 Pitt had driven his adversaries from power by 
 combining with the more liberal Tories, and the 
 character of his administration was thereby modified. 
 The large opposition majority in the Commons, 
 when he assumed office, demanded his constant at 
 tention ; nor until this was overcome, and his own 
 India bill passed, could he turn his mind to other 
 subjects. When the American question came again 
 before him for consideration, he found a Confederacy 
 
250 THE LIFE AND TIMES OF JOHN JAY. 
 
 scarce strong enough to stand among the nations of 
 Europe, too weak to protect itself against unfriendly 
 legislation, unable to comply with its treaty stipula 
 tions, or to enforce them upon its recalcitrant mem 
 bers. Without revenue and without credit, a division 
 of the States was predicted. Each was now bidding 
 against her sisters for the commerce of the world, 
 and England s merchants already possessed every 
 advantage to be looked for from any treaty with 
 them. 
 
 It was expected, that, with the restoration of peace, 
 a traffic between the countries which had been 
 mutually beneficial, would, with proper encourage 
 ment, revert in time to its old channels. America, 
 however, had become a foreign power, and her 
 citizens were not permitted the same freedom of 
 trade with Great Britain as before the separation. It 
 was still the age of prohibitory tariffs and colonial 
 monopolies, and she was unable to impose contraven 
 ing restrictions in self-defence. Before the war, 
 the British West Indies obtained their necessary 
 supplies from the settlements on the main-land ; and 
 since its close, a profitable interchange of products 
 had again sprung up between the two. This was 
 now interdicted by the naval authorities. [Besides 
 the constant irritation naturally growing out of the 
 absence of any commercial arrangement, disputes 
 arose from non-observance of the treaty negotiated 
 
RELATIONS WITH ENGLAND. 251 
 
 at Paris. Britain retained military posts within the 
 American borders, on the plea that obstructions to 
 the collection of debts had not been removed, and 
 that recent action on the part of some of the States 
 had rendered this even more difficult than before. 
 America responded, that, upon the evacuation of the 
 country, slaves and other property had been carried 
 off by the British forces, and further asserted that 
 Congress had fulfilled its engagements, and ex 
 hausted its power, when it recommended a repeal of 
 all enactments conflicting with the requirements 
 of the treaty. 
 
 After the dissolution of the commission at Paris, 
 .-Adams, flushed with his successful diplomacy in Hol 
 land and France, sought the position of representative 
 to the court of St. James, with the sanguine expecta 
 tion of adjusting these matters, as well as negotiating 
 a commercial treaty between the countries. His 
 presentation to the king as the first minister from 
 the late colonies was an interesting event in their 
 annals, and the addresses of both actors on the 
 occasion were singularly appropriate and commend 
 able. Mr. Adams was evidently gratified with his 
 part of the performance, and augured a successful 
 result from his mission ; but no ambassador in return 
 left England. 
 
 Jay had by this time been appointed secretary 
 of foreign affairs ; and he directed the minister to 
 
252 THE LIFE AND TIMES OF JOHN JAY. 
 
 insist that America should be put in possession 
 of all posts within her borders, and instructed him 
 to remonstrate against the infraction of the treaty in 
 carrying off the negroes. While thus pressing the 
 just demands of the United States, he was not blind 
 to their delinquency. In a secret report he said, 
 " Every State has passed laws impeding, delaying, or 
 forbidding the collection of British debts," and that 
 the rescinding of all such should be recommended, 
 and Adams authorized to say that this article had 
 been violated, but that measures were being taken 
 to remove every cause of complaint. Congress 
 accepted his conclusion, and gave the requisite 
 advice to the States. A majority of them repealed 
 their laws on the subject, and others were consider 
 ing the matter when the new Constitution went into 
 operation. With respect to the negroes, he reported 
 that the title of the master had not been destroyed 
 by their elopement with the troops ; that Britain 
 ought to be excused for carrying them away, pro 
 vided she paid their full value, and he thought Con 
 gress might, with great propriety, insist upon this 
 being done. * 
 
 Notwithstanding the pleasing prospect which 
 opened upon the early part of his mission, Adams 
 in a few months became convinced of the utter hope 
 lessness of accomplishing its object. Lord Shelburne 
 in the Treaty of Paris had made liberal concessions, 
 
RELATIONS WITH ENGLAND. 253 
 
 expecting thereby to detach America from France, t 
 This, as was seen, had failed ; and England was now 
 disposed to recover, if possible, some of the territory 
 then ceded, and confine the United States to the 
 east of the Alleghanies. A re-action had set in ; 
 and the mother was completely estranged from the 
 daughter, and indifferent to her advances. Fox 
 and Burke, even if willing, were powerless to render 
 any aid ; and Pitt was no longer concerned about 
 the relations between the countries. Jay wrote to 
 Adams at the time of the Philadelphia convention, 
 " Unblessed with an efficient government, destitute 
 of funds, and without credit either at home or 
 abroad, we shall be obliged to wait with patience for 
 better days, or plunge into an unpopular and dan 
 gerous war, with very little prospect of terminating 
 it by a peace either advantageous or glorious." To 
 submit quietly to the present condition of things, was &. 
 equally impossible ; and the minister was therefore 
 instructed " to protract the discussion, and thus avoid 
 a categorical answer which would force upon the 
 United States a profitless war." In truth, the posi 
 tion of Mr. Adams had become extremely humiliat 
 ing. His remonstrances were unheeded by England : 
 he was patronized by the French ambassador, and 
 treated with cold civility by those of other powers. 
 It is, therefore, not surprising that he was glad to 
 escape from the perplexities of the situation, and 
 
254 THE LIFE AND TIMES OF JOHN JAY. 
 
 return home to bury himself, as he expressed it, in 
 " the most insignificant office that ever the invention 
 of man contrived, or his imagination conceived." 
 
 As soon as the new government was settled, 
 Washington requested Gouverneur Morris, then in 
 Europe, to sound the British ministry on the subject 
 of a commercial treaty, and the adjustment of all 
 questions between the two nations. Provided with 
 the necessary credentials, that gentleman held several 
 interviews with Pitt and his secretary of foreign 
 affairs, but found them indisposed to any arrange 
 ment. He fancied, however, that they would be glad 
 to have America sever her connection with France, 
 and form an offensive and defensive alliance with 
 their country ; in other words, as a weak and second- 
 rate power, place herself, like Portugal, under the 
 protection of Great Britain. The only apparent re 
 sult of Morris s embassy was the advent of Mr. 
 Hammond at Philadelphia, and the appointment of 
 Thomas Pinckney the following year to fill the place 
 left vacant by Adams at the court of St. James. 
 It would have been well for England if she had been 
 more liberal and enlightened, and had met these 
 advances in the same friendly spirit with which they 
 were tendered. She might thereby have secured, at 
 least, the moral support of a nation whose friendship 
 she declined, and thus have prevented the growth 
 of a sentiment in America which led to hostilities 
 
RELATIONS WITH ENGLAND. 255 
 
 between the countries, and was at last removed only 
 by a conference in the city of Geneva. 
 
 The king having been executed, and a republic 
 proclaimed in France, a war broke out between that 
 country and Britain, destined to spread over every 
 state in Europe, and be finally extinguished upon the 
 field of Waterloo. The Federal leaders, as we have 
 seen, had lost faith in the principles and capacity of 
 the rulers of France, and naturally drifted towards 
 her opponent ; while the Republicans, looking on the 
 bloody scenes enacted, as caused by the abuses of the 
 Royal Government, sympathized with the efforts of 
 their recent allies to establish liberal institutions. The 
 interest of America imperatively demanded that she 
 should stand aloof in the mighty struggle ; and, when 
 information of the war reached him, Washington, 
 after profound deliberation, determined upon main 
 taining entire neutrality, and in pursuance of this pur 
 pose, in April, 1793, issued a proclamation forbidding 
 its infringement. His cabinet was equally divided ; 
 and, as the chiefs of the two parties sat together at 
 his council-board, it required all of the President s 
 skill and personal influence to preserve harmony, and 
 guide the ship of state in a steady course among 
 the breakers. Each of the warring nations per 
 sisted in regarding the situation of America in a 
 false light. Britain fancied the new government 
 unwilling, or perhaps unable, as was the old, to afford 
 
256 THE LIFE AND TIMES OF JOHN JAY. 
 
 her redress ; and France, assuming that the alliance 
 between the countries pledged the United States to 
 embark in her aggressive wars, proceeded to act as 
 though this were admitted. Her masters apparently 
 overlooked the fact that one of the parties to that 
 compact had been obliterated, and that they them 
 selves claimed the privilege of choosing which 
 treaties of the old monarchy they would recognize, 
 and which repudiate. No American can at the 
 present time read unmoved an account of the treat 
 ment which his country experienced at the hands of 
 the belligerents. It seemed to be the aim of both 
 to force her into the contest by continual aggres 
 sions upon her rights as an independent power. All 
 rules which in times of ordinary warfare protect 
 neutral nations, were brushed aside. Privateers, bear 
 ing commissions from the French ambassador, sailed 
 from American ports, and captured British shipping 
 along the coast, even at times when the pilot was on 
 board, and the vessel within sight of her destination. 
 The cruisers of France, roaming the ocean, seized 
 merchant-ships freighted with American produce ; 
 and Genet, supported by an intestine party, whose 
 passions were artfully roused, insulted the President, 
 telling him that he was "involved in a general con 
 spiracy of tyrants against France," and that he had 
 disregarded the laws of the Union. That min 
 ister employed counsel to defend American citizens 
 
RELATIONS WITH ENGLAND. 257 
 
 before the courts, when prosecuted for the infringe 
 ment of neutrality ; and the remonstrances of the 
 Executive against his proceedings were unheeded 
 until a threatened appeal from the Government to the 
 people resulted in his recall, thus for a season reliev 
 ing the authorities from their French annoyances. 
 
 England, which, like Rome, aspired to rule the 
 world, proclaimed that she was fighting, not only for 
 her own existence, but for the liberties of all mankind. 
 While protesting against the French violation of 
 neutrality, she haughtily declined to fulfil the stipu 
 lation of the Treaty of Paris, and retained the West 
 ern posts, thereby encouraging, if not inciting, the 
 Indians to inroads upon the frontier settlements. 
 American sailors in her seaports were liable to im 
 pressment whenever a fleet was to be manned, and 
 the consuls at those places were continually called 
 upon to effectuate their release ; while vessels on 
 the ocean were overhauled, their crew mustered, 
 and the able seamen transferred to her men-of-war. 
 Apparently with the purpose of driving the United- 
 States flag from the ocean, she interpolated the 
 maritime code, gave a more stringent construction 
 to the navigation laws, and enforced them with 
 rigorous severity. Her cruisers, traversing every 
 sea, captured, and sent into British ports for sale, 
 all provisions bound for the coast of France. Her 
 naval officers, seeking shelter or supplies in Ameri- 
 
258 THE LIFE AND TIMES OF JOHN JAY. 
 
 can harbors, were insolent, overbearing, and defiant ; 
 while the domestic coasting-trade seemed to exist 
 only by permission of English officials, and com 
 merce with Britain was made to depend upon an 
 annual proclamation of the sovereign. 
 
 This condition of affairs was but too well calculated 
 to inflame the public mind ; and the fire was sedu 
 lously fanned by the Republican press, and the oppo 
 nents of the national administration in Congress. 
 Secretary Jefferson s personal relations with the 
 French ambassador were particularly cordial ; and 
 it required some pressure from his fellow-members 
 of the cabinet, to have the despatches to him colored 
 with a suitable degree of vigor and force. The cor 
 respondence with Hammond, on the other hand, was 
 quite formal, and, by the enumeration of grievances, 
 contributed to keep disputes alive, rather than re 
 move their cause, and thus unite the two nations 
 in the bonds of friendship. Before Jefferson with 
 drew from office, in 1793, things had reached such 
 a pass that he deemed further negotiation with 
 England at an end. Jay thought that country had 
 "acted unwisely and unjustly," and would "not be 
 surprised if war should take place." The preserva 
 tion of peace appeared almost hopeless. Washington 
 viewed the situation with great apprehension, and 
 resolved to send an ambassador of the highest char 
 acter to England, to adjust, if possible, all subjects 
 
RELATIONS WITH ENGLAND. 259 
 
 of controversy, and, while determined to spare no 
 honorable means to avert hostilities, recommended 
 that steps should be taken to place the country 
 in a satisfactory position of defence. In this wise 
 purpose, he was thwarted by a party in Congress 
 which seemed bent upon forcing the republic into 
 a war, yet opposed every measure of preparation. 
 The weapons on which they relied to obtain redress 
 were commercial restrictions, sequestration of debts, 
 and non-intercourse. Such were tried by later ad 
 ministrations, thereby alienating the people from 
 their Government, and crippling trade ; nor until the 
 course proposed by the first President had been 
 adopted, did other nations respect the rights of 
 America. 
 
 Public sentiment was eminently hostile to Eng 
 land ; and all the statesmanship, tact, and firmness of 
 Washington were required to overcome the obstacles 
 placed in his path, aided, as the workers were, by the 
 unwise proceedings of her authorities, and the un 
 happy temper of the British Resident at Philadelphia. 
 He realized that a continuance of peace was neces 
 sary to the growth and development of the country ; 
 and his greatness was never more strikingly dis 
 played than while directing the affairs of state, 
 amid the exceptional difficulties that surrounded 
 him. Retaliatory measures, necessarily leading to 
 hostilities, were introduced, and had passed one 
 
260 THE LIFE AND TIMES OF JOHN JA Y. 
 
 branch of Congress, when he concluded to carry 
 out his further purpose, and seek peace by negotiat 
 ing in London. The question of whom to suggest 
 for this delicate mission, was the subject of anxious 
 consideration among the supporters of the admin 
 istration in the two Houses. The availability of 
 Madison, Adams, Jefferson, Hamilton, for the work, 
 was canvassed, and the latter was the unanimous 
 choice. He, however, could not be spared at this 
 time. Fortunately, the chief justice arrived in Phila 
 delphia at the moment, to open the Supreme Court ; 
 and Hamilton, after sounding him, wrote to the 
 President that Jay was "the only man in whose 
 qualification for success there would be a thorough 
 confidence, and him alone it would be advisable to 
 send. I think," said he, "the business will have 
 the best chance possible in his hands." He was 
 accordingly chosen. It was thought that the prom 
 inent position he occupied, the reputation he had 
 acquired in former negotiations, combined with the 
 confidence reposed in his ability and integrity by 
 the Government of his own country, would give 
 weight to the embassy, and impress England with 
 the gravity of the situation. 
 
 The impropriety of intrusting the negotiation of 
 a treaty to a person who might afterwards be called 
 upon, judicially, to interpret it, does not seem to 
 have occurred to the distinguished men whom Wash- 
 
RELATIONS WITH ENGLAND. 261 
 
 ington consulted on the occasion. Indeed, so little 
 was thought of the procedure, that the same course 
 was followed by Adams in the selection of Jay s suc 
 cessor on the bench, as an envoy to revolutionary 
 France. Its impolicy is now apparent ; but we must 
 remember that the functions and relations of the 
 co-ordinate departments of the Government were not, 
 at the time, clearly defined. The Supreme Court 
 had lately attracted but little attention, few cases 
 being brought before it ; and the number of its ses 
 sions had, in consequence, been reduced ; nor do we 
 even know the place of its meeting in Philadelphia. 
 Its great importance as an independent branch of 
 the national authority, and its reputation as the ex 
 ponent of Constitutional law, was only fully estab 
 lished at a later period, by a Webster, Marshall, 
 Story, and a Wirt. 
 
 Jay was in the meridian of life, with a healthy 
 moral nature. His name was not associated with 
 cabals ; and while true to his convictions, and ear 
 nest in the suppport of his political friends, he had 
 never descended into the arena of party politics. 
 He occupied the highest place in the public estima 
 tion. Filling a station in weight and dignity second 
 only to that of the President, with varied experience 
 at home and abroad, and a character which calumny 
 had not dared assail, he was ranked with the first 
 statesmen of the country, and bade fair to become 
 
262 THE LIFE AND TIMES OF JOHN JAY. 
 
 the successor of Washington. His appointment did 
 not, it is true, meet the approval of some, who feared 
 that the eclat acquired by a successful negotiation 
 might land him in the executive chair. John 
 Adams, anticipating a rival for that office, said, 
 "If he succeeds, it will recommend him to the 
 choice of the people as President." The atmos 
 phere was, however, loaded with detraction, slander, 
 and obloquy, to be discharged upon his head, and 
 that of the President who despatched him on his 
 peaceful mission. 
 
 Any agreement which might be effected, however 
 favorable, would receive condemnation from those 
 who were clamoring for hostilities ; and, as was hap 
 pily said, "Jay s success will secure peace abroad, 
 and kindle war at home." The sympathizers with 
 France had resolved that no treaty should be made ; 
 and, before the envoy left America to negotiate one, 
 the affiliated clubs, which had been established in 
 imitation of the Jacobin of Paris, struck the key-note, 
 and an unscrupulous press poured forth denuncia 
 tions of England, reprobation of the mission, and 
 avowed a purpose of defeating any settlement. Even 
 before the conditions of the treaty were known, the 
 governor of Virginia indicated his antagonism by 
 proclaiming that " no aid, assistance, or comfort 
 should be given British ships-of-war stationed in 
 our harbors;" and by legislative enactment, that 
 
RELA TIONS WITH ENGLAND. 263 
 
 State prevented a levy upon land for debt, thus 
 almost debarring English creditors from collecting 
 their claims from a people devoted to agricultural 
 pursuits. 
 
264 THE LIFE AND TIMES OF JOHN JA Y. 
 
 XIX. 
 
 THE TREATY WITH ENGLAND. 
 
 JAY S fitness for the task imposed upon him can 
 not be better illustrated than by an extract from 
 Secretary Randolph s letter of instructions. "You 
 have been," he wrote, "personally conversant with 
 the whole of the transactions connected with the 
 treaty of peace. You were minister at its formation, 
 secretary of foreign affairs when the sentiments of 
 the Confederated Congress were announced through 
 your office; and, as chief justice, you have been wit 
 ness to what has passed in our courts, and know the 
 real state of our laws with regard to British debts." 
 
 He carried with him the issues of peace and war, 
 which weighty responsibility, fortunately, rested on 
 a man of singular self-control, and soundness of judg 
 ment ; one who was well qualified to handle matters 
 of great national importance. He was required to 
 demand the evacuation of the posts ; compensation 
 for spoliations already made, and rt future abandon 
 ment ; to claim payment for the negroes who had 
 been carried off contrary to the provisions of the 
 
THE TREATY WITH ENGLAND. 26$ 
 
 treaty ; endeavor to have the question of debts 
 referred to the tribunals of the United States for 
 adjustment; and, on no account, to conclude any 
 treaty which did not open the coveted West-India 
 trade, or which contravened the conditions of the 
 alliance between France and America. All other 
 subjects appear to have been left to the discretion of 
 the negotiator. The instructions further read, that 
 "you support the doctrine of government with argu 
 ments proper for the occasion, and with that atten 
 tion to your former public opinions, which self-respect 
 will justify, without releasing the pretensions which 
 have hitherto been maintained." This last had ref 
 erence to his report to Congress while secretary of 
 foreign affairs. Having received his credentials, 
 Jay, with his son as private secretary, sailed on his 
 mission, leaving the remainder of his family under 
 the care of his wife and nephew a speedy return 
 being anticipated. 
 
 William Lord Grenville, a younger son of the pro 
 jector of the Stamp Act, was, at the time, the for 
 eign secretary of Pitt, his cousin ; and between 
 the two the most confidential relations existed. He 
 was a favorable specimen of the English statesman. 
 Of good abilities and liberal education, thoroughly 
 versed in ministerial duties, stately in bearing, of 
 uncompromising principles and firmness of character, 
 high-toned and honorable, and having matched his 
 
266 THE LIFE AND TIMES OF JOHN JAY. 
 
 powers with many of the eminent diplomats of Eu 
 rope, he was no light antagonist for the American 
 envoy to encounter. The latter, moreover, was 
 weighed down by a divided public sentiment in his 
 own country ; while Grenville possessed a knowledge 
 of Congressional reports, and had the entire sym 
 pathy of the people of England. Ere their business 
 was accomplished, each had learned to entertain the 
 highest respect for the other. Jay at once notified the 
 secretary of his arrival in London, held an interview 
 with him and Pitt, and was most graciously received 
 by the king. His first impressions were favorable. 
 
 The negotiation was begun during the earlier part 
 of 1794, but made no progress for some time. The 
 tone of the public press in America, the intemperate 
 utterances in Congress, with Genet s proceedings at 
 Charleston, and enthusiastic reception by the citi 
 zens of Philadelphia, inclined the secretary to doubt 
 the sincerity of the American Government in seeking 
 peace. Recent successes against the French had 
 
 inflated the cabinet, and adverse measures were in 
 
 i 
 
 contemplation at the time of Jay s arrival ; but his 
 efforts, combined with the high esteem in which the 
 President was held, overcame them : and in August, 
 he was informed that the ministry were prepared to 
 settle the controversy, upon what -they deemed just 
 and liberal terms. Aware that any stand taken in 
 writing is not willingly given up, Jay suggested the 
 
THE TREATY WITH ENGLAND. 267 
 
 advantage of holding verbal conferences, neither 
 side being committed to any thing until an agree 
 ment should have been reached ; thus enabling them 
 speedily to ascertain wherein they differed, and how 
 far a compromise could be effected. This mode of 
 procedure, wise in itself, is annoying to a later gen 
 eration, who desire to penetrate the veil, and see the 
 treaty in process of formation. Jay truly said that 
 those alone who have levelled uneven ground, know 
 how little of the work afterward appears. We should 
 like to look back upon this levelling operation, to 
 learn the attitude of each of the negotiators ; what 
 demands, abatements, and concessions were made ; 
 how far the American conformed to his instructions, 
 and by what arguments he sustained the claims of his 
 country. We know little more than that, after five 
 months of alternate hope and discouragement, a 
 treaty was signed, which caused as much clamor and 
 vituperation at home as Bolingbroke s celebrated 
 Treaty of Utrecht. In many respects it was not 
 satisfactory to Jay himself ; but he was confident the 
 English limit of concession had been reached, that it 
 was the very best to be procured : and, painfully con 
 scious that the only choice was between an immediate 
 adjustment and a war with England, he affixed his 
 name to the document. He was familiar with public 
 feeling in his own country, and must have foreseen 
 that he was performing an act of self-immolation,. 
 
268 THE LIFE AND TIMES OF JOHN JAY. 
 
 and placing at hazard every thing of a political nat 
 ure ; as no treaty would be acceptable to large num 
 bers of his fellow-citizens, which did not yield to 
 America every point in dispute. 
 
 That the one just negotiated was objectionable in 
 many of its provisions, must be admitted ; and fur 
 ther, that the United States thereby abandoned some 
 of the important positions previously assumed. This 
 was unavoidable. Pinckney wrote to the department 
 from London, " As little has been conceded by Mr. 
 Jay, and as much obtained by the United States, as, 
 all the circumstances considered, could be expected." 
 By the former treaty, Great Britain had stipulated 
 that her troops should withdraw with all convenient 
 speed ; yet for twelve years she had continued to 
 maintain forts within the acknowledged boundaries 
 of the Union, whereby the public mind was irritated, 
 Indian hostilities encouraged, and the valuable fur- 
 trade of the North-West diverted to her Province of 
 Canada. The immediate evacuation of these posts 
 should, it was affirmed by the opposition, have been 
 required, instead of allowing two years longer for 
 the purpose. The United States, it was > claimed, 
 obtained by the new treaty no other guaranty for 
 a withdrawal from them than that already possessed ; 
 and the lapse of time in complying with the stipula 
 tions made before, left room to suppose that some 
 new plea might be found for retaining them after 
 
THE TREATY WITH ENGLAND. 269 
 
 the date now agreed upon. Nothing was said about 
 impressment. When she began the practice, Eng 
 land had professed only to secure crews for her 
 ships from her own mariners when in port, and to 
 arrest deserters from her navy ; but she had lately 
 asserted the right to reclaim her seamen wherever 
 found. It was almost impossible to distinguish in 
 appearance those of the two nations; and though 
 comparatively few Americans had as yet been im 
 pressed on her men-of-war, the number increased 
 with the immunity enjoyed. The moderate extent 
 that it had yet reached, should, it was thought, have 
 rendered the matter more easy of adjustment. Great 
 Britain pretended to seize only her own subjects; 
 and surely some plan could have been devised to 
 prevent their shipment on board American vessels, 
 thus removing all excuse for overhauling them. 
 Impressment was a grievous wrong inflicted upon 
 American citizens, a direct insult to their national 
 ity ; and hostilities between the countries ultimately 
 resulted from the feeling that it engendered. 
 
 Another fault found with the treaty, was the re 
 striction that it placed upon the re-exportation of 
 merchandise received from the West Indies. While 
 the parent state was engaged in war, these Islands 
 depended upon the United States for essential sup 
 plies ; and it had been the practice for France to open 
 her colonial ports during its continuance. By the rule 
 
2/0 THE LIFE AND TIMES OF JOHN JAY. 
 
 that she established in 1756, and endeavored to 
 ingraft on the law of nations, England held that 
 commerce in time of war could not be permitted 
 with any colony where it had been prohibited during 
 peace. She now, in pursuance of this policy, con 
 ceded the right of small American vessels to trade 
 at all times with her islands. So far, this was advan 
 tageous ; but when she undertook to interdict mer 
 chants selling abroad the produce thus imported and 
 landed, she trespassed upon the right of a sovereign 
 power to regulate its own commerce, imposed an 
 onerous duty upon its revenue officers, and gave rise 
 to a vexatious detention and search of its shipping 
 upon the high seas. 
 
 No provision was made for compensation for the 
 slaves that had been carried off at the time of the 
 evacuation, nor for their return. Their loss had 
 been a sore grievance to the planting States, which, 
 deprived of their labor, were the more unable to 
 discharge their indebtedness to British merchants. 
 England was placed on the footing of the most 
 favored nation, which, in effect, permitted her to 
 capture French property when found on board 
 American vessels ; while France, on the other hand, 
 was, by the treaty of alliance, debarred the same 
 privilege. 
 
 Two questions naturally arise. Should Jay have 
 assented to a treaty against which such serious 
 
THE TREATY WITH ENGLAND. 
 
 objections could be raised? and was it expedient 
 for the United States to ratify it ? When the 
 dition of the country is taken into consideration, th 
 strong probability that hostilities would have ensued 
 in the event of the negotiation failing, and the firm 
 belief that no better terms could have been secured, 
 both these questions must, we think, be answered 
 in the affirmative. War is rarely expedient, and at 
 all times to be deprecated and avoided if consistent 
 with national safety. Commercial and most other 
 treaties are essentially compromises ; and while 
 America, in the one just concluded, relinquished 
 a number of her claims, she gained many important 
 advantages in return. Possession is proverbially 
 nine points of the law ; and what England surren 
 dered, was virtually her own. She already held with 
 a firm grasp the military posts at the West, as well as 
 the merchandise she had captured. Her West-India 
 commerce was prohibited to other nations. She 
 exercised, unobstructed, the right of search and 
 impressment, and the American flag waved on the 
 ocean by her sufferance alone. America was not in 
 a position to enforce any concession, and had no 
 equivalent to offer for the abandonment of these 
 pretensions. She had recently emerged from war, 
 exhausted, and burdened with a heavy debt. The 
 Constitution lately established had not yet acquired 
 consistency and strength ; while two parties, bitterly 
 
2/2 THE LIFE AND TIMES OF JOHN JAY. 
 
 hostile, divided public opinion, the one advocating 
 fraternity with France ; the other, more intimate 
 relations with England. The administration had 
 proposed to render the country independent of for 
 eign powers, but was thwarted in the prudent 
 endeavor to place it in a state of defence before 
 negotiating. Under the circumstances, a war could 
 not prove other than disastrous, even if the national 
 existence were preserved. She would have been 
 compelled to throw herself into the arms of France, 
 which torn by faction, and dripping with the blood 
 of her people, seemed at the time likely to succumb, 
 leaving England at liberty to wreak vengeance upon 
 the late colonies. 
 
 /; No treaty negotiated by America has been more 
 heartily condemned, and none in its operation has 
 proved more beneficial. Judged to-day by its results, 
 it would meet the approval of all. Jefferson, Madi 
 son, and Monroe strenuously objected to its ratifica 
 tion ; yet each, when in the Executive chair, failed 
 to obtain more favorable conditions. Their vain 
 attempt is its strongest vindication. It prevented 
 an inopportune war, in which by no possibility could 
 greater advantages have been procured ; and obviated 
 the necessity of a close alliance with France, and 
 her consequent baleful military influence. It fixed 
 neutrality as the settled policy in a contest that was 
 to involve every nation of Europe, and allowed time to 
 
THE TREATY WITH ENGLAND. 273 
 
 cement the Union, and enable the new machinery 
 of government to work smoothly. It restored more 
 than two millions of dollars to American merchants 
 which would have been sacrificed in the event of 
 hostilities ; and, by paying this sum, Great Britain 
 acknowledged the injustice of her recent proceed 
 ings, and waived the attempt to inject the rule of 
 1756 into international law. The eight posts that 
 she held were quietly given up at the appointed 
 time. 
 
 Morris, during his interview with the foreign 
 secretary, after vainly protesting against the practice 
 of impressment, had wittily said, "I believe, my 
 lord, that it is the only instance in which we are not 
 treated as aliens ; " and Pinckney, the Resident at 
 London, had been unsuccessfully urging an adjust 
 ment of the question before Jay s arrival. Although 
 the treaty was silent on the subject, no Republican 
 administration was more successful in obtaining its 
 abandonment. The war of 1812, undertaken in that 
 interest, failed to change the British practice. Mr. 
 Webster s emphatic letter to Lord Ashburton, alone 
 removed this disturbing element between the coun 
 tries. In all negotiations down to a recent period, 
 America was unable to secure better terms with 
 regard to West-India shipments. Her efforts in that 
 direction were fruitless. The progress of nations 
 towards freedom in trade and more enlightened 
 
2/4 THE LIFE AND TIMES OF JOHN JAY. 
 
 colonial legislation has since spread wide the door 
 which Jay succeeded in only partially opening. 
 
 It is quite significant that nothing was said about 
 compensation for the deported slaves. Their dual 
 condition as persons and property must always 
 render this a difficult point to determine ; and it so 
 happened, that a dispute of a similar nature arose 
 under the Treaty of Ghent, which, after years of 
 profitless discussion, was at last settled by compro 
 mise. Jay, as secretary, had directed Adams, when 
 in London, to complain of their removal, and, in his 
 report to the Continental Congress, declared that 
 Britain, by the treaty of 1783, had bound herself to 
 do a great wrong, and could only extricate herself 
 from the dilemma by paying for them. This last, it 
 was evident, Grenville did not intend doing ; and 
 their restoration was impossible. He contended that 
 no alteration in the status of any property was 
 designed by the Treaty of Paris ; that every slave, 
 like every horse, straying into the lines, established 
 British ownership, as was the case with the negroes 
 at the time of that Convention; and further, that 
 those who had been invited thither, and had had 
 freedom conferred upon them, could not be returned, 
 as they had been manumitted by competent authority. 
 The argument seemed plausible ; but Jay, who had 
 assisted in framing the first treaty, knew that Gren- 
 ville s construction did not conform to the under- 
 
THE TREATY WITH ENGLAND. 275 
 
 standing had at the time. He said in his secret 
 report, " Such negroes as fled from their masters, 
 and were received and protected, are clearly compre 
 hended in the article, for the title of their masters 
 was not destroyed by their elopement," and that the 
 first violation of the treaty was on the part of Great 
 Britain, by her troops carrying them away when they 
 evacuated New York. Many of the negroes in ques 
 tion had been shipped by officers to colonial posses 
 sions, and there sold ; some had from time to time 
 taken advantage of the disturbed condition of the 
 country to effect their escape ; while others, claiming 
 to be tree, and employed as servants, followed the 
 soldiers on their embarkation. Virginia had probably 
 suffered more in this way than any of her sisters. The 
 predatory incursions into her territory by Arnold and 
 others, carried off great numbers. It so happened 
 that her people were more largely indebted abroad 
 than those of any other State ; and, as there seemed 
 no way to secure payment for her slaves, a compro 
 mise was made in the treaty by the National Gov 
 ernment waiving all claim for compensation, and 
 assuming the debts due by her citizens to English 
 merchants, when passed upon by a mixed commission. 
 An adjustment of the matter in this way, while 
 unsatisfactory to individuals, was yet, perhaps, an 
 equitable settlement of a complicated dispute be 
 tween the countries. The United States was the 
 
2/6 THE LIFE AND TIMES OF JOHN JAY. 
 
 greatest loser, as it paid six hundred thousand dollars 
 under the ruling of the commission. 
 
 The treaty further provided for reciprocal liberty 
 of commerce between America and Britain, and 
 opened to the former the valuable trade with the East 
 Indies. This last concession was a great innovation 
 on England s navigation laws, and one she refused to 
 make in subsequent negotiations. For the first time 
 in the history of the United States, provision was 
 made for the extradition of criminals ; and it was 
 also stipulated that no sequestration of debts should 
 be permitted to either nation in the event of a war 
 between them. 
 
THE TREATY IN THE UNITED STATES. 277 
 
 XX. 
 
 THE TREATY IN THE UNITED STATES. 
 
 JAY wrote home frequently during the negotiation, 
 but heard from the Government only at rare 
 intervals. We may well imagine Washington s great 
 desire for a peaceable adjustment, and impatience in 
 awaiting the receipt of a treaty upon which the 
 destiny of the country, the future course of his 
 administration, and his personal comfort and happi 
 ness, seemed so largely to depend. Though executed 
 in the autumn, it failed to reach America before the 
 following spring, after the session of Congress had 
 closed. As soon as it was received, he called the 
 Senate together, and the document, with the accom 
 panying papers, was laid before it. After a discus 
 sion of some days, its ratification except one article 
 was advised by a two-third vote. That body had 
 already established a rule that all executive business 
 should be conducted with closed doors, and had 
 placed an injunction of secrecy upon its members. 
 This was of special importance in the present in 
 stance, as the treaty had not yet been submitted to 
 
278 THE LIFE AND TIMES OF JOHN JA Y. 
 
 the cabinet, the President having simply consulted 
 the Senate before determining upon his own action. 
 In violation of the salutary regulation, and blind to 
 the impropriety of the proceeding, a senator from 
 Virginia furnished a copy to an editor of Philadelphia, 
 in whose journal it appeared the following morning. 
 
 Opposition to the provisions at once swept the 
 country with the violence of a tropical hurricane. 
 The abuse of the negotiator spread even faster than 
 the publication of the terms. The waves of party- 
 feeling rose still higher than before, and threatened 
 by their fury to drive the ship of state from its moor 
 ings. Popular indignation was sedulously aroused. 
 Meetings held in the more important places de 
 nounced the treaty, and protested against its ratifi 
 cation. Jefferson pronounced it "execrable," "an 
 infamous Act," and "stamped with avarice and cor 
 ruption." A copy of it was burned before the resi 
 dence of the British minister at Philadelphia ; and 
 Jay, branded as a traitor, was dragged in effigy 
 through the streets, and condemned to a like indig 
 nity ; while Charleston declared him worthy of the 
 recently invented guillotine. 
 
 Public reason was unseated. That a man who 
 had resisted the encroachments of Britain at the 
 hazard of every thing dear in life, who had with 
 stood the inordinate pretensions of Spain, who at 
 Paris had demanded for his country the broadest 
 
THE TREATY IN THE UNITED STATES. 279 
 
 recognition and the most extended boundaries, whose 
 career was marked by probity and steady devotion 
 to her interests, should be thus calumniated, can 
 alone be attributed to the rancor of party and the 
 arts of the demagogue. The treaty supplied the op 
 position with a needed war-cry. They had not here 
 tofore dared attack the President, choosing rather 
 to weaken his administration by denouncing its pro 
 ceedings, and professing to believe that he was 
 hoodwinked into supporting them. The financial 
 schemes of Hamilton had furnished them with formi 
 dable weapons, but the triumphant success of all his 
 measures turned their arms against themselves. He 
 smote the rock of national resources, and abundant 
 streams of revenue burst forth. The charge against 
 him of malfeasance in office had been rung through 
 all its changes, but investigation raised him higher 
 than before in public confidence. The virulence and 
 indecency of the journals of that day would not be 
 tolerated in this. All the vulgar abuse of party was 
 poured into them. No character was sufficiently 
 elevated, and no reputation sacred enough, to escape 
 assault when it suited the purpose of their managers ; 
 and the malignancy of the French Convention was 
 reflected in the sheets of Cobbett and Freneau, 
 Fenno and Bache. Every means had been em 
 ployed to secure the rejection of the treaty; and, 
 before its conditions were divulged, Bache termed it 
 
280 THE LIFE AND TIMES OF JOHN JA Y. 
 
 "an imp of darkness, illegitimately begotten," and 
 said, "If the Senate expect to cram it down the 
 throats of the people, they mistake their objects." 
 Its friends resorted from vituperation to argument ; 
 and the controversy was removed from the hustings 
 to the press, where it raged with intense and em 
 bittered feeling in volumes and pamphlets, essays 
 and squibs. Among the most remarkable were the 
 essays of " Decius " in opposition to it, and those 
 of " Camillus " in its support. The knights who 
 thus fought with their visors down, are known to 
 have been the brother-in-law of Jay, and the late 
 secretary of the Treasury. Jefferson, who, with 
 deep interest, watched the engagement from afar, 
 soon discovered that the first named was unable to 
 cope with his redoubted adversary, and pressed 
 Madison to enter the lists before he should be 
 unhorsed ; but the latter was too wary to meet the 
 Federal champion, and left Livingston to his fate. 
 The essays of Hamilton still survive in American 
 literature, though the occasion which called them 
 forth is well-nigh forgotten. 
 
 While Jefferson was urging his friends to the en 
 counter, Jay remained undisturbed. He seemed an 
 unconcerned spectator, rather than a target for de 
 nunciation. The embittered hostility, of which he 
 was the object, left not the slightest trace upon his 
 mind ; his conduct being that of one who had con- 
 
THE TREATY IN THE UNITED STATES. 281 
 
 scientiously performed a duty to his country, and 
 then committed the result to the mature conviction 
 of his fellow-citizens. He entered into no defence 
 of the treaty, merely saying, "God governs the 
 world ; and we have only to do our duty wisely, and 
 leave the issue to him." Washington, too, preserved 
 his equanimity. He consulted on this, as upon other 
 occasions, the best interest of the nation intrusted to 
 his keeping ; and after obtaining the opinions of 
 those possessing his confidence, and weighing their 
 reasons in the impartial scale of his own judgment, 
 he affixed his signature, thereby constituting the 
 treaty a supreme law of the land. Only once did he 
 hesitate. News came that Britain had renewed the 
 instructions to seize provisions bound for the coast 
 of France. The information, however, proved false. 
 In suppressing the whiskey insurrection the year 
 before, and now in signing the treaty in the face of 
 a violent opposition, he demonstrated to the world 
 the efficacy and power of the government that had 
 been recently established. 
 
 Being thus ratified by the contracting parties, and 
 proclaimed by the President, it was to be supposed 
 that all clamor against the treaty would cease ; but 
 it was destined to meet with a fiercer and more 
 deadly hostility than it had yet experienced. As an 
 appropriation by Congress was essential to carry its 
 provisions into effect, it necessarily came before that 
 
282 THE LIFE AND TIMES OF JOHN JAY. 
 
 body ; the House, where the Republicans were in a 
 majority, taking the initiative. Edward Livingston 
 of whom we had a glimpse in childhood was now 
 a member from the city of New York, and, like most 
 of the name, opposed to the administration. The 
 debate arose upon his motion, requesting from the 
 Executive, copies of all papers connected with the re 
 cent settlement. He supported it by an elaborate 
 speech, claiming that the House was vested with the 
 discretionary power of carrying the treaty into effect, 
 or of refusing its sanction. The production of the 
 papers was resisted, for the reason, that, under the 
 Constitution, that branch of the Government took no 
 part in the formation of treaties, the duty devolving 
 upon the President and Senate. It was further ob 
 jected, that the documents called for were not essen 
 tial in making the necessary appropriations ; and 
 that, if they were intended to be used for the purpose 
 of impeachment, it should have been so stated in the 
 resolution. This preliminary question called forth 
 speeches of eloquence and ability by Madison, Ames, 
 Gallatin, and others. Livingston s motion was finally 
 passed by a large majority : but Washington declined 
 to comply with it, upon the ground that it would 
 establish a dangerous precedent ; that foreign nego 
 tiations always required caution, and sometimes de 
 pended on secrecy for their success ; and that the 
 treaty-making power was, under the Constitution, 
 
THE TREATY IN THE UNITED STATES. 283 
 
 confined to the President and Senate. This reply, 
 assuming advanced Federal ground, seemed to sever 
 all political relations between him and the leaders of 
 the opposition. He had heretofore been treated by 
 them with respect : henceforth no distinction was 
 made between him and his advisers, and no public 
 man was more vilely abused during the remainder of 
 his administration. 
 
 Upon receiving this response, the House re 
 affirmed their right to have the papers laid before 
 them, and then took up the subject of making the 
 necessary appropriation, which brought on a lengthy 
 discussion. This was the first engagement between 
 the hostile parties, untrammelled by consideration 
 for the President ; and Judge Marshall says, " Never 
 had a greater display been made of argument, of 
 eloquence, or of passion." The bare mention of the 
 names of some of the men who participated in it, 
 will satisfy the reader that this legislative tourna 
 ment must have been brilliant in the extreme. 
 After some preliminary skirmishing, Madison a 
 Federalist by nature, a Republican from associa 
 tion opened the debate. He said that it was 
 for the members to decide whether the general 
 power of making treaties superseded the action of 
 the House. The objections to the present one, he 
 declared, were an absence of reciprocity, the debts 
 due to British merchants being paid, while no pro- 
 
284 THE LIFE AND TIMES OF JOHN JA Y. 
 
 vision was made for compensating the owners of 
 slaves that had been carried away ; the surrender 
 of the right to levy discriminating duties ; the 
 principle that free ships make free goods; and he 
 affirmed besides, that it gave up the most effective 
 weapon which a debtor nation, like the United 
 States, could wield, when it stipulated that seques 
 tration should not be resorted to in the event of a 
 war between the countries. 1 Giles, distinguished at 
 all times as an uncompromising partisan, together 
 with his colleague Nichols, and Gallatin, spoke on 
 the same side. The latter frankly admitted that no 
 new treaty could be negotiated were the present one 
 lost, but thought the danger of war ensuing there 
 from chimerical, and that, like other evils, it was 
 conjured up to induce them to pass the bill. He 
 did not arrogate for the House the power of conclud 
 ing treaties, but claimed for it a supervision over the 
 action of those who negotiated them. He said that 
 compensation had been allowed for every demand 
 against the country, and all doubtful ones, on her 
 part, abandoned ; and that America consented to 
 receive the Western posts under conditions never 
 before contemplated. He approved of the arrange- 
 
 1 Madison was embarrassed throughout the discussion, by the knowledge 
 that the convention at Philadelphia, of which he was a member, had expressly 
 declined to confer upon the House any supervision over treaties; and the 
 absence of this power had been urged, in his presence, in the one held at 
 Richmond, as an objection to the ratification of the Constitution, 
 
THE TREATY IN THE UNITED STATES. 285 
 
 ments made to pay for spoliations, thought justice 
 should be done to British creditors, and essayed to 
 demonstrate, by Vattel, that slaves, being by national 
 law assimilated to real estate, cannot be made the 
 subject of booty. Jefferson was so delighted with 
 this speech, that he declared it worthy of a place 
 among the papers of "The Federalist." 
 
 The friends of the treaty in reply averred, that the 
 first infraction of the former one had been made by 
 States obstructing the collection of debts ; that 
 Britain regarded the negroes as men, and not prop 
 erty, and that she would admit no liability for their 
 payment. They argued that the principle, that free 
 ships make free goods, had never been adopted by 
 other nations as international law ; and even if, as was 
 alleged, the list of contraband had been enlarged by 
 the treaty, England had, on the other hand, stipulated 
 to pay for the past spoliations, and refrain in future 
 from a system so detrimental to American interests. 
 She had, moreover, agreed to open her East and West 
 India trade, which had heretofore been closed to all 
 nations. While vessels of over seventy tons were 
 prohibited from engaging in the latter, there was no 
 restriction imposed on the former. No other nation 
 participated in the trade ; and the privilege was de 
 nied her own subjects, unless belonging to the East- 
 India Company. Goodhue, who resided in Salem, 
 affirmed the trade was already great and profitable. 
 
286 THE LIFE AND TIMES OF JOHN JAY. 
 
 That town alone had thirty vessels engaged in it, and 
 there were perhaps three times as many in all the 
 United States. As for the abandonment of seques 
 tration, on which Madison laid such stress, its enforce 
 ment would be unjust to individuals, and its exercise 
 impolitic by a country like America, so greatly 
 needing the use of those essentials, capital and 
 credit. Speaking of the effect likely to be produced 
 abroad by its rejection, they maintained that if this 
 treaty, made and ratified according to the provisions 
 of the Constitution, should be violated, the United 
 States would be regarded by the world as a faithless 
 nation, which no contract could bind. 
 
 The most effective speech was one delivered near 
 the close of the discussion by Fisher Ames, whom 
 his admirers fondly termed " the American Burke." 
 Afflicted with consumption, and unable to attend 
 during the early part of the session, his physician 
 had forbidden his engaging in the debate. His 
 room-mate, Judge Smith, says that he had no in 
 tention of addressing the House, and spoke without 
 premeditation, apparently impelled by feelings that 
 he could not resist. When he arose, he was so 
 feeble as to be hardly able to stand, and leaned upon 
 the desk while delivering his address. It was dis 
 tinguished alike for its earnest pathos, comprehensive 
 knowledge of human nature, and of the motives 
 of political action. He spoke of the inconsistency of 
 
THE TREATY IN THE UNITED STATES. 287 
 
 negotiating a treaty, and then defeating its operation 
 by neglecting to carry its provisions into effect. 
 This could only be regarded, he said, as a breach 
 of national faith. He alluded to the large sums to 
 be paid under it to American merchants, the im 
 mense gains to be secured by neutrality, and there 
 fore deprecated a policy which would exchange these 
 for a war that threatened not only the peace of the 
 country, but even the national existence. He de 
 picted the horrors of an Indian outbreak, should the 
 bill fail, and thought that the responsibility for this 
 would rest upon the House. In conclusion, he said, 
 " No member but will think his chance to be a wit 
 ness of the consequence greater than mine ; yet, if 
 the vote of rejection should pass, even I, slender 
 and almost broken as my hold on life is, may outlive 
 the Government and Constitution of my country." 
 Vice-President Adams, who sat beside Judge Iredell 
 of the Supreme Bench during this speech, wrote, 
 "The judge exclaimed, I never heard any thing so 
 great since I was born! It is divine/ I said. 
 No dry eye in the House except among the - 
 Venable of Virginia moved an adjournment, "lest 
 the House should vote under the influence of a 
 sensibility which their calmer judgment might con 
 demn." Considering the nature of the assembly, 
 and the intensity of party predilection, no stronger 
 testimony to the eloquence of the speaker could 
 
288 THE LIFE AND TIMES OF JOHN JAY. 
 
 have been given. His emaciated form, and the 
 pallor of death on his face, enlisted the deepest 
 sympathy; and tradition for many years claimed 
 "Ames s speech on the British treaty" as the most 
 powerful ever delivered in Congress. 
 
 The policy of the friends of the treaty had been 
 to lengthen the discussion, in order to give the 
 mercantile and conservative voice of the country 
 an opportunity of being heard. The violence with 
 which it had been assailed, was in time followed by 
 a re-action. Thoughtful men came to realize the 
 danger to be apprehended if it were not carried into 
 effect ; and many who were opposed to its provisions, 
 now that it had been ratified according to the terms 
 of the Constitution, were desirous that it should 
 become operative. Expression was given to these 
 sentiments by petitions which doubtless had their 
 weight with those members who were looking for 
 ward to an election to the succeeding Congress. 
 Reviewing the debate at the present time, one is 
 impressed by the close adherence of all to the 
 question before them. The discussion lasted for 
 eight weeks, almost to the exclusion of any other 
 business ; and out of the large number of speeches, 
 there appears absolutely no departure from it. The 
 resolution offered by Livingston, calling for the pro 
 duction of the papers, had passed the House by a 
 vote of 62 to 37 : the bill making the appropriation 
 
THE TREATY IN THE UNITED STATES. 289 
 
 essential to render the treaty effective by one of 
 51 to 48. All the New-England members, except 
 four, voted for it, together with a majority of those 
 from the Middle States, and four from the South. 
 Virginia being the most aggrieved, her representa 
 tives unanimously opposed it. Her numerous rivers 
 emptying into the Chesapeake, brought her large 
 planters the leaders of her people into direct 
 connection, as importers, with the merchants of Eng 
 land ; and there can be little doubt that the subject of 
 British debts exercised great influence on the occa 
 sion, nor that it furnishes a clew to many obscure 
 points in American legislation, dating from the Peace 
 of Paris. Indeed, it would hardly be too much to 
 say, that the geographical division of parties in the 
 country prior to 1800, may, to some extent, be traced 
 back to it as well as to the slavery question. 
 
 The present decision neither affirmed nor denied to 
 the House a supervision over treaties when its action 
 is needed to render them operative. The matter 
 rests to-day precisely where it did ninety years 
 ago. When the Louisiana purchase treaty came 
 before the Eighth Congress, in 1803, the situation 
 of the political parties was reversed, the Repub 
 licans resting their support of it mainly on the 
 advantages likely to be derived from the acquisition. 
 As their opponents did not dare assume different 
 ground from that occupied by them ten years before, 
 
2QO THE LIFE AND TIMES OF JOHN JAY. 
 
 they based their objection to the payment upon the 
 defective title of France, and the uncertain extent 
 of the domain conveyed. A case more striking, as 
 involving no party fealty, arose in the Alaska pur 
 chase. The treaty negotiated by Mr. Seward, stipu 
 lated that the inhospitable territory should be 
 transferred by Russia before the consideration had 
 been paid. The United States, under this provision, 
 was placed in possession of the country, and the 
 President s proclamation issued declaring the treaty 
 a supreme law of the land. The bill appropriating 
 the amount came before the House in December, 
 1867, and was discussed from time to time for six 
 months. A preamble was at last attached, saying 
 that "The stipulations of said treaty are among the 
 subjects, which, by the Constitution of the United 
 States, are submitted to the power of Congress, and 
 over which Congress has jurisdiction; and it being 
 for such reasons necessary that the consent of Con 
 gress should be given to said stipulations before the 
 same can have full force and effect, and having taken 
 into consideration the said treaty, and approving the 
 stipulations therein to the end that the same may be 
 carried into effect," etc. When this reached the 
 Senate in due course, they refused to concur in any 
 measure which implied that the approval of the 
 Representatives was indispensable, and, a committee 
 of conference being appointed, agreed to the follow- 
 
THE TREATY IN THE UNITED STATES. 291 
 
 ing substitute : " Whereas said stipulations cannot be 
 carried into full force and effect, except by legislation 
 to which the consent of both Houses of Congress is 
 necessary," etc. This being reported to the House 
 by their committee, extreme opposition was at once 
 manifested to the phraseology ; and its passage was 
 secured, only by the application of the previous 
 question, with the assurance that the Senate was 
 unyielding. The majority in its favor was but forty- 
 three, one-third of all the members being absent, 
 or not voting. 
 
 Forty years after the time of Jay s treaty, the 
 same Edward Livingston, who had first raised the 
 point, found himself under the necessity of assum 
 ing, with President Jackson, the extreme position 
 which the Federalists had then held, and exacting 
 from France the fulfilment of the one negotiated 
 by Mr. Rives with the king, Louis Philippe, but for 
 which her Chamber of Deputies had failed to make 
 the needful appropriation. A treaty is a law made 
 by the President and Senate ; and to a demand for 
 its observance, it would seem to be no answer to say 
 that the legislative branch of the Government is 
 dissatisfied with its terms. The United States in 
 its international relations is a single political being, 
 which, through its official organs, expresses its will, 
 and assists in forming a treaty. The Constitution 
 of the United States declares that those made in 
 
292 THE LIFE AND TIMES OF JOHN JAY. 
 
 pursuance of it shall be the supreme law of the land ; 
 and surely, if stipreme, they must be paramount, and 
 no recognized body in the country not even 
 Congress is exempt from their operation, however 
 much opposed to the provisions. The soundness 
 of this construction would have been manifest had 
 Congress refused the sum agreed to be paid in the 
 case of the Alaska purchase. The treaty had been 
 negotiated with the requisite formalities, approved 
 by the Senate, proclaimed by the President, and the 
 Government placed in possession of the territory. 
 By the law of nations, a refusal under the circum 
 stances to pay might properly have been deemed 
 by Russia a casus belli. 
 
GOVERNOR OF NEW YQRK. 293 
 
 XXL 
 
 GOVERNOR OF NEW YORK. 
 
 WHEN Clinton s term as governor drew to a 
 close, Jay was still abroad. He was recog 
 nized by the Federalists of the State as the proper 
 successor ; and the manner in which he had been 
 deprived of the honor three years before, created a 
 general desire among them that he should become 
 a candidate. He had retained the position of chief 
 justice; and having never expressed his wishes, nor 
 been consulted about the matter, the party managers 
 were free to nominate the most available person. It 
 was generally supposed that he would be successful in 
 the negotiation, but that at the same time he would 
 be compelled to recede from some of the claims put 
 forward on the part of his country ; and it was feared 
 that the opposition would seize upon any concessions 
 to excite a clamor throughout the State, render him 
 unpopular, and possibly defeat his election. The 
 national parties in New York were, at the time, 
 nearly balanced ; and, should the treaty arrive during 
 the canvass, its influence thrown into the scale might 
 
294 THE LIFE AND TIMES OF JOHN JA Y. 
 
 prove decisive. Though all conceded Jay s ability 
 and fitness for the office of governor, there were yet 
 grave doubts entertained as to the expediency of 
 placing him on the ticket ; but, while the politicians 
 hesitated, his spontaneous nomination in different 
 counties forced the legislative caucus to ratify the 
 selection of a candidate thus presented by the peo 
 ple. The large and influential Livingston family 
 was now thoroughly allied with the Republicans ; and 
 it was anticipated that the struggle for the mastery 
 of the State would be earnest, and provocative of a 
 great deal of feeling. That party would certainly 
 strive by every means to retain their hold upon it ; 
 while their opponents would be equally determined 
 to drive them from power, and ultimately secure 
 its electoral vote for a successor to Washington. 
 Clinton, warned by experience, was too wary to meet 
 the issue in his own person ; and Robert Yates was 
 chosen by his political friends as Jay s competitor. 
 He was a favorite with the people, had been a dele 
 gate to the Philadelphia Convention, but withdrew 
 before its labors were concluded, and was now at 
 the head of the judiciary of the State. Washington 
 had written to Jay in London, that, at the conclusion 
 of the treaty, he wished him to become minister 
 resident in the place of Pinckney. He had declined 
 the position ; but his detention in England gave color 
 to the objection raised by his opponents, that he 
 
GOVERNOR OF NEW YORK. 295 
 
 intended remaining abroad in order to exchange the 
 ratifications. Stephen Van Rensselaer, the Patroon, 
 and son-in-law of Schuyler, was nominated lieutenant- 
 governor on the Federal ticket. The election took 
 place in the spring of 1795, when Jay received a 
 large majority of the popular vote; and, in conform 
 ity with law, the legislative canvassers declared 
 him governor two days before his arrival at the me 
 tropolis. Its citizens had just passed through an 
 excited canvass ; his supporters were flushed with 
 victory ; and, on landing, their distinguished towns 
 man was received with the greatest enthusiasm. 
 Bells were rung, cannon fired, and a large crowd 
 escorted the newly chosen officer to his home. There 
 can hardly be a doubt that he would have been 
 defeated by a majority quite as large as that by 
 which he was elected, had the stipulations of the 
 treaty been known ; but the long delay in its 
 arrival probably saved him this mortification. Jay s 
 allegiance to the Federal party had been given on 
 principle. He was on terms of close friendship with 
 its leaders, and upheld the administration of Wash 
 ington, not less from affection and admiration for 
 the man, than from approval of his national policy. 
 Until the conditions of the treaty were divulged, a 
 successful career as governor seemed to place the 
 most elevated position of the country within his 
 reach ; but the feeling that it aroused was too deep 
 
296 THE LIFE AND TIMES OF JOHN JAY. 
 
 and embittered to immediately subside. The heir- 
 apparent of Federal leadership was buried under a 
 mountain of prejudice, and the elder Adams suc 
 ceeded to the inheritance. 
 
 In the summer of 1795, Jay laid aside his judicial 
 robes to assume the executive duties of the State. 
 Soon after his induction into office, the fearful pes 
 tilence which had lately scourged Philadelphia, made 
 its appearance in the city of New York ; and during 
 its prevalence, he remained there, laboring energeti 
 cally to prevent its spreading, by having the infected 
 removed, the streets cleaned, and sanitary regula 
 tions strictly enforced. His active measures fortu 
 nately stayed its progress. Upon its abatement, his 
 deep and earnest nature was displayed by a procla 
 mation, setting apart a day for fasting, prayer, and 
 thanksgiving. This had been frequently done by 
 the Continental Congress, and later by Democratic 
 governors, but the proceeding was at that time a 
 novelty in New York; and, though Jay disclaimed 
 any official authority to take the step, his action was 
 violently assailed by the Republican journals as an 
 undue assumption of power. 
 
 The Legislature assembled in the city in the be 
 ginning of the following year. The new governor 
 in addressing it said, "To exercise the powers vested 
 in me with energy, impartiality, and freedom, are 
 obligations of which I acknowledge the full force." 
 
GOVERNOR OF NEW YORK. 297 
 
 He expressed his determination to regard all of his 
 fellow-citizens alike, to cherish and advance merit 
 wherever found, to consider the National and State 
 Governments as established by the will of the people, 
 and pledged himself to respect and support their con 
 stituted authorities. Three points urged upon public 
 attention from time to time, mark him as among the 
 leading benefactors of his native State, the peni 
 tentiary system forming a new era in criminal juris 
 prudence, the policy of internal improvements, and 
 the gradual abolition of slavery. But a higher test yet 
 remained to distinguish between the politician and the 
 statesman, between the head of a party and a con 
 scientious ruler. Clinton had presided over the State 
 since the framing of the Constitution, and the sub 
 ordinate positions under him were occupied mainly 
 by Republican partisans. The New- York maxim, 
 "To the victors belong the spoils," had not as yet 
 been enunciated ; but the Federalists, having over 
 thrown their adversaries, not unnaturally expected 
 to gather some of the fruits of their victory. Jay s 
 announcement of his intention to make no removals 
 for political considerations, therefore disappointed 
 and chagrined large numbers. He had not been 
 present during the recent canvass, had made no 
 promises, and now adhered firmly to the determina 
 tion he had before avowed. During his six years 
 term of office, not one incumbent was dismissed 
 
298 THE LIFE AND TIMES OF JOHN JAY. 
 
 except for proper reasons. So long as they dis 
 charged their duties with fidelity, they were sure 
 of retaining their positions. It is related, that when 
 a member of the council was recommending an 
 applicant, because of his zeal and usefulness to the 
 Federal cause, the governor interrupted him, saying, 
 "That, sir, is not the question. Is he fit for the 
 office ? " It must not, however, be inferred that Jay 
 was not an earnest party man. His convictions were 
 too strong for him to be otherwise. He believed 
 the one to which he belonged identified with the 
 best interests and stability of the country ; and, while 
 it is certain that he made no removals for political 
 expediency, it is equally certain that he took care 
 that all vacancies occurring should be filled by 
 competent Federal adherents. He enjoyed, with 
 Hamilton, the confidence of the first President, 
 who, it was understood, consulted them about the 
 appointments in New York; and they thenceforth 
 shared between them the moderate national patron 
 age within the State. Jay had the satisfaction of 
 tendering to this tried friend a position in the 
 United-States Senate, which Hamilton was, how 
 ever, under the necessity of declining. Toward the 
 close of his first term as governor, the political 
 campaign was opened with great vigor. The rec 
 titude and ability displayed by Jay had won the 
 respect of the citizens, and he was again nominated 
 
GOVERNOR OF NEW YORK. 299 
 
 by his party friends as their candidate; "being 
 regarded," said an address soliciting his compliance 
 with their wishes, "as one whose attachment to 
 their liberties has been uniform, whose firmness in 
 prosecuting them inflexible, and whose integrity in 
 every part of his official conduct is unimpeachable." 
 His competitor on this occasion was Chancellor Liv 
 ingston. The selection of the latter by the Repub 
 licans was both painful and embarrassing to Jay. 
 Their friendship in early life, and intimate social 
 and political relations, down to a recent period, 
 rendered him very reluctant to engage in such a 
 rivalry. The chancellor was rich, ambitious, influ 
 ential, with fascinating manners, and is said to have 
 been one of the most eloquent men of the time. 
 He had been foreign secretary, was an efficient agent 
 in promoting the adoption of the Constitution by 
 the State of New York ; yet Washington, in filling 
 the important offices at home and abroad under the 
 new government, had entirely overlooked his merits. 
 The appointment of Jay as chief justice instead of 
 himself, had, it was thought, alienated him from 
 the Federal party ; and he was thenceforth, with the 
 greater number of the name, identified with its 
 rival. During the former canvass, partisans had, 
 for their own purposes, endeavored to separate still 
 further these ancient associates by covert insinua 
 tions in the daily press, which Jay had felt called 
 
300 THE LIFE AND TIMES OF JOHN JAY. 
 
 upon to notice. It was with a feeling of reluctance 
 that Jay entered upon the contest. He had been 
 looking forward to a withdrawal at the end of 
 the term ; but as the attitude of France toward 
 the United States threatened hostilities, and de 
 manded military preparation, a sense of duty to 
 the State and National Government forbade the 
 indulgence of his inclination. The outburst of pop 
 ular indignation, which had been roused by the 
 London treaty, had to a great extent subsided as 
 men realized its beneficent workings ; but political 
 invective was abundantly supplied his adversaries by 
 the measures of Mr. Adams, who had lately become 
 President. Such, however, was the public confidence 
 in the purity of Jay s administration, that he was 
 re-elected governor by 2,382 majority. 
 
 Few events worthy of record had transpired dur 
 ing his first term as governor. The one on which 
 he was now entering was noted for the organization 
 of the common-school system, the removal of domes 
 tic servitude from the State, the quasi war with 
 France, and the disruption and consequent overthrow 
 of the Federal party in the nation. The first two 
 measures were largely due to his personal influence. 
 He had always favored the diffusion of education, 
 believing that the continuance of American institu 
 tions depended upon the virtue and intelligence of 
 the people. As a private citizen, he had incurred 
 
GOVERNOR OF NEW YORK. 301 
 
 the expense of instructing many of the poor children 
 in the neighborhood of his own home, and was ex 
 tremely gratified when, near the close of his admin 
 istration, the Legislature recognized its duty, and 
 authorized the sum of a hundred thousand dollars 
 to be raised one-eighth of which was to be lodged 
 with the University for distribution among the acad 
 emies of the Commonwealth, and the remainder 
 applied to the encouragement of the public schools. 
 
 The First Congress, inspired by a detestation of 
 arbitrary power, resolved that the people of the sev 
 eral colonies should lend no farther aid to the pros 
 ecution of the slave-trade; and Jefferson, in the 
 original draft of the Declaration, denounced it as 
 one of the wrongs inflicted by the king upon them. 
 Jay s views extended even farther than prohibiting 
 the continuance of such a traffic, and had long been 
 a steady advocate for the abolition of slavery within 
 the State. While striving to release his country 
 from foreign rule, he deemed it inconsistent to hold 
 his fellow-beings in bondage; and it was probably 
 owing to his enforced absence, that no provision to 
 this end was made in the State Constitution. He 
 had, when first abroad, emancipated his own slaves ; 
 and, since his return home, it was his habit to pur 
 chase his servants, and, by setting aside their wages, 
 enable them, in time, to secure their freedom. 
 While secretary of foreign affairs, the question of 
 
302 THE LIFE AND TIMES OF JOHN JAY. 
 
 consecrating the North-West territory to free labor 
 was before Congress ; and, with his firm conviction of 
 the policy of such a measure, we may be sure that his 
 powerful influence was exercised in favor of the ordi 
 nance prepared by Dane for that purpose. Yates 
 alone, from his own State, voted against it. Jay had, 
 a little earlier, been chosen president of a society to 
 promote manumission, but when appointed chief 
 justice, fearing that some subject might be brought 
 before him for adjudication in which it was interested, 
 had severed his connection with that organization. 
 As soon, however, as he was elected governor, he used 
 his utmost exertion to carry out a purpose that he 
 had so much at heart, but only after repeated failures 
 in the Legislature was this accomplished. He now, 
 in January, 1799, na< ^ the great satisfaction of giving 
 his official sanction to an Act which removed forever 
 this incubus on the progress and prosperity of New 
 York. 
 
 Monroe, who replaced Morris in France, had com 
 promised his government by affiliation with the 
 French rulers, and was, in consequence, recalled. 
 From the time of his leaving that country, its author 
 ities treated the United States in a manner befitting 
 a dependent province rather than a friendly nation. 
 Actuated by a sincere wish to preserve peace, Presi 
 dent Adams despatched three commissioners to Paris, 
 who, upon their return, reported that a treaty could 
 
GOVERNOR OF NEW YORK. 303 
 
 only be negotiated by America s advancing large 
 sums to the French treasury, besides giving douceurs 
 to the directors and their satellites. The knowledge 
 of the failure of the mission was soon followed by 
 the news that a decree had been prepared by France, 
 authorizing the capture of all vessels having on 
 board goods of British origin, and that privateers 
 were commissioned to prey upon American com 
 merce. While the nation, generally, was aroused to 
 the highest pitch of indignation by these hostile 
 measures, the opposition in Congress were inclined 
 to excuse them the more readily, as they mainly 
 represented an agricultural constituency with little 
 shipping, and were, therefore, unlikely to suffer any 
 loss from them. "The reign of terror" had startled 
 and shocked the other side, which dreaded the ex 
 ample upon their own people. Its leaders "lost their 
 heads " as completely as the victims at the Place de 
 la Revolution ; and, though a new act in the drama 
 had begun at Paris, they were still apprehensive. 
 In opposition to Hamilton s judgment, a measure 
 was introduced in Congress, designed to protect the 
 country against the numerous French residing in it, 
 who, although not naturalized, were yet meddling 
 offensively in national concerns. In its progress 
 through the Houses, its scope was so enlarged as to 
 embrace all aliens, giving the President control over 
 their persons, and authorizing him, in certain contin- 
 
304 THE LIFE AND TIMES OF JOHN JAY. 
 
 gencies, to transport them home, as is now done 
 with improper classes of emigrants. Large numbers 
 of Irish implicated in the outbreak were, at the time, 
 fleeing to America ; and the loyal adherence of their 
 countrymen to the Democratic party dates from that 
 time. Not satisfied with this, the members pro 
 ceeded still farther, and, forgetting Bacon s warning 
 against attacking the press, passed another Act, 
 which made it criminal to speak or write any thing 
 false or scandalous, with intent to bring odium upon 
 the Executive or either branch of Congress. They 
 somewhat mitigated its harshness by permitting the 
 truth of the libel to be introduced in evidence, and 
 making the jury judges of both the law and fact. 
 This last measure was supposed to be aimed par 
 ticularly at certain notorious characters. 
 
 The military spirit of the people was aroused by 
 the proceedings of their former ally. Warlike prep 
 arations were made, and Washington appointed gen- 
 eral-in-chief of the proposed army, with Hamilton as 
 second in command. In view of the critical condi 
 tion of affairs, Governor Jay, in the summer of 1798, 
 called an extra session of the Legislature, when the 
 House, at his suggestion, unanimously pledged the 
 support of the State in maintaining the rights and 
 honor of the nation. The city had heretofore been 
 without defensive works ; but it was now determined 
 to erect fortifications, and otherwise prepare for a 
 
GOVERNOR OF NEW YORK. 305 
 
 conflict which seemed inevitable. Nearly a million 
 and a quarter of dollars were appropriated for military 
 purposes, to be expended under the supervision of 
 the governor, and deducted from the sum which, 
 under Hamilton s adjustment, had been proven due 
 the General Government from the State. All this 
 precaution was happily unnecessary. President 
 Adams, who had declared that he would send no 
 further mission to France until he had received as 
 surances of a reception becoming the dignity of the 
 country, upon a slight opening, changed his policy, 
 to the unalloyed satisfaction of the Republicans ; and 
 this altered attitude, combined with other causes 
 to be named, led to the division and consequent 
 downfall of the Federal party. 
 
 It is now time that we should revert to the politi 
 cal movements bearing upon the coming Presidential 
 election. 
 
306 THE LIFE AND TIMES OF JOHN JAY. 
 
 XXII. 
 
 ELECTION OF JEFFERSON. 
 
 THE year which followed Jay s second inaugura 
 tion as governor was one of unsurpassed political 
 excitement in the United States. Adams, whom Dr. 
 Franklin aptly described as " always an honest man, 
 often a wise one, but sometimes and in some things 
 absolutely out of his senses," was approaching the 
 end of his term as President, and public attention was 
 absorbed in the task of choosing a successor. He 
 had unfortunately received from the previous admin 
 istration all of his cabinet officers, while Hamilton 
 still retained their allegiance, and was recognized by 
 them as the head of the Federal party. The President 
 looked upon this leadership as a continued menace, 
 and aspired to occupy the position himself; but 
 vain, irritable, without tact, and incapable of acting 
 upon any fixed system, he had but a slight hold upon 
 the affection of those whom he desired to represent. 
 Fortuitous circumstances had formerly secured his 
 selection as Vice-President, in which capacity there 
 was nothing to call for an exhibit of his infirmities ; 
 
ELECTION OF JEFFERSON. 307 
 
 but, when occupying the higher office, they soon 
 became manifest. Had he been endowed with politi 
 cal sagacity, he would have drawn Hamilton to his 
 side, and have given heed to his counsels. As this 
 latter statesman possessed in a marked degree the 
 confidence of the most distinguished men of the 
 party, they would have been induced to support 
 the administration, thus preventing the breach which 
 ensued. Jefferson essayed to estrange the two still 
 more, but Madison failed to deliver his letter to 
 Adams. We have no means of knowing what was 
 accomplished in that direction at a personal inter 
 view, but the urgent interference of Washington 
 was subsequently found necessary to secure Hamil 
 ton s appointment as his second in military rank. 
 
 At the time of Adams s election, a sectional feel 
 ing, destined in the future to work so much evil, had 
 already been developed ; and he in consequence re 
 ceived from States south of the Potomac, but two 
 electoral votes. New York had given him her twelve, 
 yet the entire majority over his competitor was but 
 three in all the colleges. The national parties were 
 not unequally matched in the State ; and it was 
 evident, that, could its vote be diverted to Jefferson 
 in the next contest, his victory would be assured. 
 Hence, strenuous efforts were made to accomplish 
 this end, and for months society was like a seething 
 caldron. The trouble with France had, for the 
 
308 THE LIFE AND TIMES OF JOHN JAY. 
 
 moment, swelled the numbers of the Federalists, 
 and closed up their ranks ; but the capricious course 
 of the President, and the violent disruption of the 
 cabinet, rent them asunder, never to be re-united. 
 Gov.. Jay had won the respect of his constituents ; 
 and, even though he withdrew from the position, 
 his friends would doubtless have retained authority 
 in the State, in spite of any efforts made for their 
 displacement, but for the unwise and intemperate 
 proceedings of the national Executive. Indeed, dur 
 ing the French excitement, it seemed almost certain, 
 that, after the local election, they would have a 
 majority in the new Legislature, and thus retain for 
 their candidate the electoral vote of New York. 
 This pleasing prospect was soon obscured. When 
 its people found Mr. Adams sternly enforcing the 
 Sedition Law, and exercising the power it conferred 
 in an unfeeling manner upon one of their most 
 esteemed citizens, they turned with disgust from a 
 party which they held responsible for its enactment, 
 as well as for this violent procedure. 
 
 The permanent ascendency which the Republicans 
 seemed to have acquired in the metropolis, had been 
 wrested from them, in the spring of 1799, by the 
 unpopularity of a scheme of Burr s, already con 
 spicuous in the State as an unscrupulous political 
 tactician. He had been a member of the assembly 
 the preceding year, and, under the pretence of sup- 
 
ELECTION OF JEFFERSON. 309 
 
 plying pure and wholesome water, obtained a charter 
 which enabled the corporators to engage in banking. 
 In consequence of the feeling this aroused, he did 
 not dare present himself again as a candidate, but, 
 with great tact and unwearied efforts, succeeded in 
 healing divisions in his party, and nominating a dele 
 gation for the assembly, which embraced the Republi 
 cans most eminent for wealth, station, or family 
 influence. Gov. Clinton headed the list ; and among 
 his associates were Gen. Gates, Brockholst Living 
 ston, and other well-known citizens. The ticket chal 
 lenged public confidence ; and its success was further 
 promoted by the newly established bank, which 
 accommodated the Republican merchants with dis 
 counts they would otherwise have been unable to 
 obtain. The result followed which Burr had antici 
 pated. The Federal majority of the last year was 
 overcome, and New- York City secured by the Repub 
 licans, giving them control of the State. Adams 
 subsequently received but four electoral votes south 
 of Maryland, and Jefferson became his successor. 
 Burr, to whose untiring exertions this great victory 
 was due, was thereby inducted into the office of 
 Vice-President. 
 
 At that time, the Legislature appointed the elect 
 ors for the State ; and the Republicans, then antici 
 pating a defeat, had at a previous session advocated, 
 that, for the future, these should be chosen directly 
 
310 THE LIFE AND TIMES OF JOHN JAY. 
 
 by the people in separate districts, hoping thus to 
 secure a sufficient number to elect their Presidential 
 candidate. The Federalists, thinking their supremacy 
 in the assembly assured, refused to support the 
 plan. Now, however, when it became known that 
 their adversaries had gained a majority in the Legis 
 lature on which would devolve the duty of choosing 
 the electors, Hamilton addressed a letter to Gov. 
 Jay, suggesting that the present body, whose term 
 would not expire before July, should be again con 
 vened, in order to pass a measure, which, when before 
 proposed by the Republicans, had been denounced as 
 unconstitutional. Jay had too much regard for prin 
 ciple to entertain the idea. After his death, the 
 letter was found among his papers, endorsed, " Pro 
 posing a measure for party purposes which I think 
 it would not become me to adopt." 
 
 It is related that a noted French duellist, when 
 required to forgive his enemies before receiving 
 absolution, exclaimed, " My enemies ? I have none. 
 I have killed them all ! " Mr. Jefferson might have 
 responded in the same manner, the morrow after 
 the Presidential election. To the one party, the 
 result seemed like the breaking up of an ice gorge 
 the harbinger of spring. To the other it appeared 
 as an avalanche of French principles, destructive 
 alike of religion and established government. Both 
 were at fault. President Jefferson was quite as 
 
ELECTION OF JEFFERSON. 3 1 1 
 
 unable to destroy the work of his predecessors 
 as he was to depart from their policy of neutrality. 
 The Sedition and Alien Laws soon expired by limi 
 tation ; but the great measures of the former admin 
 istrations were too wise, and had struck their roots 
 too deep into the national sentiment, to be suddenly 
 overturned. No such sweeping transformation had 
 occurred before in American political life : the next 
 in succession was the overthrow of the Democrats in 
 1840. They then rallied after their overwhelming 
 defeat, and at the end of four years regained all that 
 they had lost. In the present instance, the Federal 
 as a national organization seemed to be eliminated ; 
 and, though a remnant lingered in some of the States, 
 its power was gone, and for the future it was useful 
 only as a scarecrow to prevent Republicans straying 
 from the fold. Some of a new generation, restive 
 under general proscription and unrelenting persecu 
 tion, adopted the theory of the Kentucky resolutions, 
 and lent themselves to measures which their fathers 
 would have condemned as treason to a union they 
 had successfully established. 
 
 Jefferson now reaped the harvest of his ten 
 years management, and was thenceforth the su 
 preme deity in the Democratic pantheon. He had 
 breathed the breath of life into the elements which 
 he found, had organized and marshalled his followers 
 to victory, and was looked upon as a skilful party 
 
312 THE LIFE AND TIMES OF JOHN JAY. 
 
 leader. It remained to be seen whether equal good 
 fortune would attend him as the chief executive of 
 the nation. Such had not been the case while he 
 presided over the destinies of his native Virginia. 
 It was a worthy aspiration on his part to be the 
 chosen magistrate of a free people ; but his debauch 
 ery of the press, disloyalty to the first President, 
 and ruthless slaughtering of the reputation of those 
 standing in the way of his advancement, must 
 always detract from that consideration which his 
 intellectual ability and patriotic services would other 
 wise demand. The private correspondence of the 
 distinguished men of the Revolutionary era has 
 nearly all seen the light, and the fame of the writers 
 been enhanced thereby with the single exception 
 of the author of the Declaration. His letters and 
 journals, written in many cases for a special purpose, 
 indicate great mental capacity, often combined with 
 littleness of character; and few statesmen have 
 given expression to more diverse opinions upon all 
 public questions. From the time of assuming office, 
 to judge by these writings, he failed to perceive 
 any merit in those not engaged in the service of 
 the party of which he was the moving spirit. Con 
 temporary American statesmen are disparaged, and 
 their motives impugned. After his retirement, he 
 occupied himself in raking from the ashes of the 
 past, as he said, " to throw light on history," petty 
 
ELECTION OF JEFFERSON. 3 1 3 
 
 scandals about his rivals, which should have re 
 mained buried with the embittered conflicts which 
 gave them birth. Jay, Marshall, Hamilton, and 
 others, are the subject of his derogatory remarks; 
 and, though he dared not assail Washington, he 
 sneers at him as the supple tool of designing men. 
 
 The apologists for Jefferson, who claim that he 
 believed the truth of what he asserted, do so at the 
 expense of his intellect. He was too astute to give 
 a moment s credence to such silly stories himself. 
 It suited him to have them spread, and he did not 
 hesitate to lend them currency. Accredited by the 
 impress of one occupying his position, and fulmi 
 nated at a time of high party excitement, they 
 were received without the doubt their improbable 
 nature would otherwise have occasioned. The state 
 ment that monarchical sentiments generally prevailed 
 upon his arrival in New York, and that the leading 
 Federalists were conspiring to found a kingdom in 
 America, is the veriest figment of the imagination. 
 He thus assailed those who had preserved the States 
 from English domination, with whom a love of the 
 whole Union was an earnest passion, whose patriot 
 ism was bounded by no State lines ; men who had 
 closely studied, and were familiar with the principles 
 regulating Constitutional government, and knew 
 that all authority under it must be evolved from the 
 condition of society, and the habits and modes of 
 
314 THE LIFE AND TIMES OF JOHN JAY. 
 
 thought of the people. The belief that these men, 
 who had just reared a symmetrical fabric, would for 
 no apparent object now conspire to destroy their 
 own beautiful creation, and establish one opposed to 
 their former teachings, and foreign to the genius of 
 the inhabitants, is too absurd to be entertained. 
 Jefferson s success in arousing such apprehension 
 indicates how deeply a love of Republican institu 
 tions was embedded in the hearts of the American 
 people, and how jealous they were of a recurrence 
 to those they had recently discarded. No other 
 public man discovered that monarchy was favored 
 by any individual of weight. We might properly 
 ask, in whose interest was this attempt to restore 
 the past to be made? There was but one person 
 in America, who, by any possibility, could challenge 
 sovereign rule, and he had indignantly spurned such 
 a suggestion when made at Newburg. He had volun 
 tarily returned to his country the sword wielded in 
 her defence, accepted the Government only in com 
 pliance with the urgent and expressed desire of the 
 people, and retained it contrary to his own inclina 
 tion, at the earnest solicitation of Jefferson and 
 others. Had such a change been contemplated by 
 the Federal party, would they not have embraced 
 the opportunity offered while the country was in 
 a disorganized condition, to accomplish their treason 
 able aims, instead of pressing the establishment of 
 
ELECTION OF JEFFERSON. 3 1 5 
 
 a stable government, buttressing it afterward by 
 measures calculated to render the structure more 
 enduring? It would have been easy for Hamilton 
 to make confusion worse confounded, by retiring, 
 like other New- York delegates, from the Philadel 
 phia convention. He knew the general features of 
 the instrument to be submitted to the people. It 
 did not meet his full approval. He was the only 
 representative from the State then present, and his 
 withdrawal would have been fatal to its success. If 
 he had been determined upon destroying the work 
 of that body, would he, in conjunction with Jay and 
 Livingston, have made such strenuous exertions to 
 have the Constitution, which had been framed, rati 
 fied by the convention at Poughkeepsie ? It is in 
 such a disturbed condition of affairs as would have 
 followed the opposition of any of these statesmen, 
 that designing men effect the purpose charged by 
 Jefferson. 
 
 No doubt, there still lingered in the minds of some 
 of the patriots, an attachment to the laws, manners, 
 and literature of a people from whose loins they had 
 sprung. The government of their fathers had for 
 almost a century been held up before them as a 
 perfect model. Its constitution was the steady out 
 growth of generations, and had been extolled by 
 Montesquieu, and interpreted by Blackstone. They 
 may have thought, that, in that of America, a greater 
 
316 THE LIFE AND TIMES OF JOHN JAY. 
 
 degree of energy should have been infused into the 
 Executive branch ; but they all gave the newly es 
 tablished Commonwealth a cordial support. Their 
 letters and papers written at the time, show the 
 loftiest patriotism and supremest loyalty. During 
 the embittered contest then raging in Europe, they 
 felt as Americans, and resisted the dogmatic claims 
 of royal England on the one side, and the insidious 
 wiles of democratic France on the other. Jay, as 
 we have seen, was declared by the British envoy 
 an enemy to the mother country ; while later the 
 French minister believed him opposed to Gallic 
 pretensions. 
 
 The insinuation by Jefferson, that Hamilton 
 corrupted the national Legislature, is entirely unsus- 
 tained by evidence. The man who uses official posi 
 tion to corrupt others, is himself corrupt. Hamilton 
 withdrew from the secretaryship a poor man, because 
 of the small income derived from it. He was too 
 honest to enrich himself at the expense of the coun 
 try, and too proud to speculate in its securities. 
 Talleyrand, then in America, expressed the situation 
 when he said of him, " I have seen a man who had 
 made the fortune of a nation, laboring all night to 
 support his family." Jefferson s own secretary, Gal- 
 latin, with a magnanimity and candor that redound 
 to his credit, informs us that he was instigated by 
 his chief to search the archives of the Treasury, 
 
ELECTION OF JEFFERSON. 3 1 7 
 
 both of them hoping to convict Hamilton, but he 
 discovered "the most perfect system." "Hamilton," 
 he said, "made no blunders, committed no fraud," 
 His financial proceedings were of the same character 
 as those he had advocated before entering upon 
 office, and he believed their enactment would pro 
 mote the welfare of the whole country. The funding 
 of the national debt and the assumption of those of 
 the States were wise and just measures of them 
 selves. The bank he had recommended from his 
 tent during the Revolution. They were intended to 
 save American honor, and revive American credit. 
 That they should operate to enlist all sections of the 
 Union in maintenance of the General Government, 
 was desirable, and, perhaps, not unexpected ; but we 
 have no reason to suppose that improper means were 
 employed by him to secure their passage. Fisher 
 Ames, then a representative from Massachusetts, 
 testifies of the Congress that enacted these, " I have 
 never seen an assembly where so little art was used : 
 there was no intrigue, no caucussing, little of clan- 
 ning together." This is certainly not the picture of 
 a corrupt body. The only bargaining in the case 
 was made at Jefferson s own table, and under his 
 auspices, when two Virginia members agreed to vote 
 for the assumption bill, provided the national capi 
 tal should be placed on the borders of their own 
 State. Adams s overweening vanity, and jealousy of 
 
318 THE LIFE AND TIMES OF JOHN JAY. 
 
 Hamilton, the opposition of the latter to his re-elec 
 tion, and a consequent division within the party, 
 combined with the inconsiderate laws passed during 
 the French craze, and the President s capricious man 
 agement of foreign affairs, so weakened the hold of 
 the Federalists upon public confidence, that the 
 charges emanating from Jefferson, and industriously 
 circulated, had, in the excited condition of the pub 
 lic mind, a decided influence in hastening their fall. 
 It is doubtful, however, whether, under more favor 
 able circumstances, they could have retained author 
 ity for many years longer. The important work of 
 the Federalists was accomplished. They had become 
 conservative rather than progressive, and strove to 
 preserve, amid revolutions, the institutions they had 
 founded. They were not in accord with the spirit of 
 the age, that would break away from the past, and 
 explore the boundless field of political science. They 
 clung to ancient traditions, were incapable of ad 
 vancing ; and the organization, therefore, died with 
 the century of its birth. A younger generation, 
 with new ideas, thenceforth assumed the lead. The 
 seat of government was removed to the banks of the 
 Potomac, and "Tom Jefferson," at the inauguration, 
 riding to the capital alone, and hitching his horse to 
 a tree, was typical of the new era which had opened 
 upon the country. 
 
 We should search the pages of history in vain to 
 
ELECTION OF JEFFERSON. 319 
 
 find another party as rich in men of eminent ability, 
 lofty rectitude, and unsullied patriotism, as the one 
 just displaced. While some of its leaders, like 
 Pickering, continued embittered to the end, others, 
 when they laid aside public affairs, laid aside personal 
 asperities, and passed life s Indian summer, cheered 
 by the reflection of obligations to the nation con 
 scientiously fulfilled. " All the ends they aimed at 
 were their country s." They realized the great 
 destiny the future had in store for her, and reared a 
 structure strong enough for an increasing population 
 and extending territory. They were called upon to 
 lay broad the groundwork of American nationality ; 
 to establish a government novel in character; organ 
 ize a judiciary ; revive commerce ; create a system of 
 revenue ; provide for the national debt, and secure 
 American neutrality amid wars, which, like the air 
 of heaven, swept over every land and sea. Such 
 were the duties imposed on them, and time has mani 
 fested the wisdom and fidelity with which they were 
 discharged. 
 
 The result of their labors was a Constitution sub 
 jected to a strain which none other could have en 
 dured, yet striking its roots deeper and deeper into 
 the national life, the ideal and pattern for all peo 
 ples ; a judiciary paramount in its decisions, with an 
 unblemished record ; a system of revenue in force 
 down to the present generation ; the debt extin- 
 
320 THE LIFE AND TIMES OF JOHN JAY. 
 
 guished, while the twin-stars of American nationality 
 and American neutrality, which they called into be 
 ing, have guided the country from financial ruin to 
 its present high degree of prosperity. As has been 
 justly said, " History has yet to record the names of 
 statesmen whose principles were more sound, whose 
 policy was more just and sagacious, who better un 
 derstood the hazards of liberty and the metes and 
 bounds of freedom, whose political conduct was 
 more high-minded, magnanimous, and pure. How 
 ever they may have been assailed, it can never be 
 forgotten that of these were Washington, Adams, 
 Hamilton, Jay, Wolcott, and others like them, 
 names illustrious and venerated all over the world ; 
 that to these, in a large part, belongs the honor of 
 framing the Constitution, and securing its accept 
 ance ; and that their legitimate successors have been 
 its ablest expounders, and most eloquent defenders." 
 By them was mainly produced what Gladstone has 
 pronounced "the most wonderful work ever struck 
 off at a given time by the brain and purpose of 
 man." In no other system of government has the 
 average of human intelligence been greater, nor the 
 education, material prosperity, and happiness of 
 the people more largely promoted. 
 
 After twelve years of successful administration, 
 the Federalists were overthrown, and, with scorn and 
 contumely, driven into outer darkness. Has time 
 
ELECTION OF JEFFERSON. 321 
 
 placed its approving seal upon their political princi 
 ples ? The difference between the Republican, or 
 Democratic, party and its adversary was based chiefly 
 on the relation borne by the States to the General 
 Government, and the extent of the powers which had 
 been conferred upon it. Other divisions between 
 them had reference to questions of expediency. It 
 was admitted by all that the late Confederation pos 
 sessed no absolute sovereignty, but the Federalists 
 maintained that such had now been granted to the 
 central authority; that by section 10, article i, of 
 the Constitution, the States were prohibited from the 
 exercise of certain rights, and what remained, being 
 qualified and conditional, was no sovereignty at all. 
 They believed that the autonomy of the separate 
 States was preserved and protected by Federal 
 courts, empowered to pass judgment upon all laws 
 enacted by the two Houses with the approval of the 
 President. Should this not be a sufficient barrier 
 against encroachments, they had the means, through 
 their representatives and senators, of procuring the 
 repeal of unconstitutional statutes. Hence they rea 
 soned, that with an organic law, ratified by the 
 inhabitants of each member of the Confederacy, and 
 under which the enactments were controlled by public 
 opinion, and subsequently reviewed by the Supreme 
 Court, no danger of trespass was to be apprehended, 
 and nullification was a claim to judicial power by the 
 
322 THE LIFE AND TIMES OF JOHN JAY. 
 
 States, which had no warrant in the Constitution. 
 Jefferson, on the other hand, contended for the in 
 dependence of the several States ; and in his cele 
 brated Kentucky resolutions, as originally framed, 
 advanced theories which logically led to nullification 
 and the disruption of the American Union. Indeed, 
 Calhoun proclaimed them "the Nullifiers Bill of 
 Rights. After sixty years of skirmishing, these 
 opposite constructions of the Constitution were 
 brought, practically, face to face on the line of battle, 
 when an outburst of national sentiment crushed the 
 upholders of the resolutions, and declared it to be 
 the immutable American polity, that the govern 
 ment of the nation is endowed with the faculty of 
 self-preservation, and that the supremacy of the 
 Union extends over the whole country. The seal of 
 nationality was affixed at Appomattox. 
 
 When the people were first brought into direct 
 connection with the National Government, its opera 
 tions were watched with a jealous eye by its con 
 stituent members. State pride predominated, and 
 the first President sometimes found trouble in 
 inducing suitable persons to leave the service of 
 their States to assume office. It was even a 
 question of etiquette whether President Washington 
 or Gov. Hancock should make the first call on 
 the other. The tendency is always to gravitate 
 to the superior body ; and to-day, from the rising 
 
ELECTION OF JEFFERSON. 323 
 
 of the sun to the going down thereof, every eye 
 is directed to the Capitol of the nation, as the 
 face of the Moslem is turned to the tomb of the 
 prophet whence all blessings proceed. The expan 
 sion of territory, vast increase of material wealth, 
 and new conditions of society, have brought with 
 them new duties, whose fulfilment is in many cases 
 beyond the ability of the States ; and, without arous 
 ing their jealousy, the General Government has as 
 sumed some of them : and the inclination is to 
 impose still others, and to confer enlarged authority 
 upon it. It is now exercising higher powers than 
 the most extreme Federalist ever claimed for it. 
 Yet there is no possibility of centralization so long 
 as the principle of local self-government is preserved. 
 The more numerous the States, and the greater the 
 diversity of interests among them, the less danger 
 to this distinctive feature of American institutions. 
 The danger rather lies in corrupt politicians under 
 the forms of law intrenching themselves in office, 
 and wielding its power for their own aggrandizement. 
 Crises often arise in the conduct of national affairs 
 when cherished opinions must be sacrificed; and 
 Madison, Jackson, and even Jefferson himself, dur 
 ing their terms of office, sanctioned measures, which, 
 at another time, would have been stigmatized as 
 essentially Federal in character. They proved ad 
 vantageous to the country, and, instead of being 
 
324 THE LIFE AND TIMES OF JOHN JAY. 
 
 censured, these statesmen are entitled to commenda 
 tion for rising superior to party consistency ; and 
 their political successors should learn charity from 
 it, and cease to visit with opprobrium the men who 
 maintained the principles of the earlier administra 
 tions. The experience thus acquired, should, be 
 sides, teach all that the real constitution of a nation 
 lies deeper than its visible ordinances, and that arti 
 ficial compacts and party principles will always be 
 interpreted by the tendencies of society ; for salus 
 populi suprema est lex is as true in America to-day 
 as when first enunciated. 
 
AT BEDFORD. 325 
 
 XXIII. 
 
 AT BEDFORD. 
 
 HAVING determined to retire, Jay declined an 
 other nomination for governor, saying that the 
 period had now arrived, at which for many years he 
 had intended giving up public affairs. The President, 
 with the purpose of "marking the spot where the 
 greatest mass of worth remained collected in one 
 individual," spontaneously nominated him, and the 
 Senate again confirmed his appointment as chief 
 justice of the Supreme Court; but even this tribute 
 to his virtue failed to shake his determination, and 
 the position was for a generation filled by that pre 
 eminent jurist and able expounder of the Constitu 
 tion, John Marshall. 
 
 If Jefferson joyfully entered upon the important 
 duties to which he had been at last called by his fellow- 
 citizens, it was with no less satisfaction that Jay, 
 during the following summer, sought the repose of 
 private life. Few statesmen ever had less reason 
 to be disgusted with political office ; yet he beheld 
 with pleasure the approach of a time, when, without 
 
326 THE LIFE AND TIMES OF JOHN JAY. 
 
 neglecting his country, he could consult his own 
 inclination, and withdraw from public service. He 
 was in his fifty-seventh year, with vigor unimpaired, 
 and in the meridian of his fame and honor. With 
 most men at this age, the fire of ambition is still 
 burning, and what they have already achieved is 
 but the starting-point for further advances toward an 
 ever receding goal. Jay s mind was eminently con 
 templative, and his domestic affections strong, thus 
 fitting him for the quiet of the country. He had 
 inherited from his mother the large estate of Bed 
 ford, situated about fifty miles from the city of New 
 York ; and he now took up his residence at that 
 secluded place. Since the evacuation of the British 
 forces, it had been occupied only by tenants, and 
 was, in consequence, in a neglected and dilapidated 
 condition. While governor, he had begun the erec 
 tion of a commodious dwelling upon a portion of 
 the tract ; and the superintendence of this, and the 
 renovation of the land, promised to furnish him with 
 ample employment for many years to come. 
 
 Before leaving Albany, the health of Mrs. Jay had 
 begun to fail ; and, as the noise and bustle of the 
 mechanics about the building would render the 
 house unsuitable for an invalid, she was for some 
 weeks unable to join her husband in their new home. 
 She had been intimately associated with all his plans 
 of retirement, and every arrangement made had 
 
AT BEDFORD. 327 
 
 reference to her continued presence with him. 
 Though she had necessarily spent many years in 
 the fashionable world, she looked forward with satis 
 faction to the privacy of the country. Her anticipa 
 tions were realized for only a few months, during 
 which time she was able to write to a friend, " I can 
 truly say that I have never enjoyed so much comfort 
 as I do here." Within a year after her removal, she 
 was seized with a severe illness, which in a few days 
 terminated fatally. Jay, calm and collected, watched 
 by her bedside until the last, when, with a spirit 
 that partook of his Huguenot progenitor, he led his 
 children into an adjoining room, and, with a firm 
 voice, read to them the fifteenth chapter of Corinth 
 ians. The married life of Mrs. Jay and her husband 
 had for the entire period been one of unclouded 
 happiness. 
 
 " Two such silver currents when they join, 
 Do glorify the banks that bound them in." 
 
 She had been his chosen companion, sharing his 
 hopes and aspirations, his cares and anxieties a 
 helpmeet in all things. Their griefs, too, had been 
 common ; for they had mingled their tears over the 
 graves of their children, and sorrowed together at 
 the loss of their parents and friends. She had 
 graced the drawing-room of the first President at 
 Philadelphia, and presided with dignity over the 
 
328 THE LIFE AND TIMES OF JOHN JAY. 
 
 governor s household at Albany. She was the leader 
 of society in America when this implied more than 
 mere social elevation. Extreme simplicity of apparel 
 and manners had been inaugurated by the French 
 Revolution, and it was for the Federalists male 
 and female to preserve the stately dignity and 
 grace of the ancien regime from being swept away. 
 Her beauty, amiability, culture, and vivacity made 
 her the charm of the circle in which she moved ; 
 while her steadfast adherence to the fortunes of the 
 country, won for her the respect and kindly feeling 
 of those who disapproved of the political principles 
 of her husband. 
 
 It might be supposed that the loss of his wife, 
 and the sudden and total change to the seclusion 
 of Bedford, would have produced in Jay a feeling of 
 loneliness, weariness, and ennui; but his remaining 
 years were tranquilly and happily passed in the 
 management of his property, in the company of 
 his books and the distinguished persons who from 
 time to time sought him out, and in the performance 
 of those minor duties required of all. When 
 asked how it was possible to occupy his rnind, he 
 replied with a smile, " I have a long life to look 
 back upon, and an eternity to look forward to." 
 Modern literature possessed little attraction for him. 
 To use his own language, he preferred to converse 
 with the mighty dead of earlier times. He daily 
 
AT BEDFORD. 
 
 329 
 
 and carefully perused the Scriptures, and, during 
 his last illness, referred his children to them as the 
 foundation upon which his faith rested. He was 
 naturally desirous for their general diffusion, and 
 took a deep interest in the progress of the American 
 Bible Society. Upon the decease of Boudinot, the 
 venerable president of that organization, he was 
 elected to fill the vacancy, but hesitated to occupy 
 the position until assured that little further service 
 would be demanded of him than the preparation of 
 an annual address. As the head of the institution 
 he acceptably discharged its functions for seven years. 
 Though he no longer participated in national con 
 cerns, he anxiously watched the storms gathering 
 over them, and displayed also a marked interest in 
 affairs of the neighborhood, mingling with his fellow- 
 citizens, and, when able, never failing to cast his 
 vote at elections, even when only for town officers. 
 
 Regarding expensive decorations as inconsistent 
 with the simplicity which should characterize Amer 
 ican rural life, he constructed his buildings in a plain, 
 substantial manner, of the best material to be pro 
 cured, and with a direct view to the uses for which 
 they were intended. A friend who had spent some 
 days with him, observing this trait, remarked that 
 Gov. Jay in all his conduct seemed to have reference 
 to perpetuity in this world, and eternity in the next. 
 He would not give a name to his extended estate, 
 
330 THE LIFE AND TIMES OF JOHN JAY. 
 
 nor allow it to be termed a seat or a place, but 
 simply a farm. All his stock was of the best, well 
 provided for, and never overworked ; and his opera 
 tions were profitable to his poor neighbors rather 
 than to himself. In age and solitude, when social 
 discipline is removed, men of worldly minds are apt 
 to become morose, and selfish ones peevish. Jay, 
 however, grew more gentle and kindlier with age, 
 more thoughtful of the comfort of others, and more 
 indifferent to his own, until at length not a child 
 could approach him, nor a servant do his bidding, 
 without receiving from him some word or look in 
 dicative of kind feeling. Being now master of his 
 time, the habits of the "good old governor" were 
 very regular. He was an early riser, cutting a hole 
 in the solid shutter, that the first rays of the sun 
 might fall upon his pillow, and rouse him from sleep. 
 When the weather permitted, he spent most of the 
 morning on horseback, riding about the grounds, 
 and directing the laborers. After dinner it was his 
 custom to indulge moderately in smoking, and his 
 evenings were devoted to reading and intercourse 
 with his family and others. Blessed with an inde 
 pendence, his expenditures were yet regulated by 
 a judicious economy; and he was thus enabled to 
 respond freely to every call for benevolent purposes, 
 or objects calculated to promote the general welfare. 
 By education and conviction, he was an ear- 
 
AT BEDFORD. 331 
 
 nest Episcopalian. At the time of his removal to 
 Bedford, there was no organized body of that de 
 nomination in the neighborhood ; and he therefore 
 worshipped with the Presbyterians, until by his ex 
 ertions, and mainly by his aid, a parish church was 
 built. He regularly contributed to its support, and 
 at his death bequeathed a liberal sum to its pastor ; 
 but his reluctance to hold office led him to decline 
 taking any part in its government. In the differ 
 ences between the high and low church, he sided 
 with the latter, and would have carried into eccle 
 siastical affairs the same ideas that inspired his 
 political action. When the edifice that he had 
 helped to erect was about to be consecrated, some 
 innovations in the usual ceremonies were proposed 
 by the authorities of Trinity, New York, against 
 which, as the organ of the vestry, he thus protested : 
 " We believe that Episcopacy was of apostolic insti 
 tution; but we do not believe in the various high- 
 church doctrines and prerogative, which art and 
 ambition, triumphing over credulity and weakness, 
 have annexed to it. Ever encroaching on the rights 
 of government and of the people, they have con 
 stantly found it convenient to incorporate as far as 
 possible the claims of the clergy with the principles 
 of religion ; and the advocates have not ceased to 
 preach for Christian doctrine, the commandments 
 and desires of men. High-church doctrines are not 
 
332 THE LIFE AND TIMES OF JOHN JAY. 
 
 accommodated to the state of society, nor to the toler 
 ant principles, nor the ardent love of liberty, which 
 prevail in our country." 
 
 A weekly mail supplied him with information of 
 events transpiring in the outside world ; and he 
 watched with interest the mighty struggle going 
 on in Europe, and particularly the controversy that 
 had arisen between America and England, which 
 culminated in the war of 1812. Although this did 
 not disturb his retirement, it led him once again to 
 mingle in the counsels of his political friends in the 
 State; and he wrote to one of these, "In my opinion, 
 the war is not necessary nor expedient nor season 
 able ; yet, having been Constitutionally declared, the 
 people are evidently bound to support it in the 
 manner in which Constitutional laws shall prescribe." 
 He was far from regarding his own country as en 
 tirely at fault, or holding Great Britain blameless. 
 War is at all times a harsh remedy for imputed 
 wrong, and the progress of civilization is indicated 
 by the amelioration of its hardships. Jay had real 
 ized in the American Revolution the injustice of 
 confiscating private debts during national hostilities, 
 and the wisdom of the tenth article in his celebrated 
 treaty was now strikingly displayed. This stipulated, 
 that, under such circumstances, they should not be 
 sequestrated. It will be remembered, that, in the 
 prolonged debate in Congress, this article was 
 
AT BEDFORD. 333 
 
 denounced by Madison as the abandonment of a 
 powerful means of offensive warfare against Great 
 Britain. She, at that time, was the creditor nation ; 
 but now the situation was reversed, and her mer 
 chants had become indebted to those of America 
 for many millions, which, under Madison s own 
 administration, were preserved to his country, 
 showing that justice and true policy are identical. 
 
 We have already alluded to Jay s sentiments on 
 the subject of domestic slavery. Believing that 
 holding human beings in bondage was inconsistent 
 with the teachings of Christianity, and adverse to 
 the principles upon which independence rested, he 
 had labored as a private citizen to mitigate the 
 consequent evils in his native State, and, as gov 
 ernor, had finally succeeded in having emancipation 
 ingrafted upon its civil policy. When, therefore, 
 the Missouri question was agitating the country, 
 and threatening a disruption of the Union, his opin 
 ion as to the power of Congress to prohibit slavery 
 within the borders of a proposed State was sought 
 by those who advocated such a restriction, the reply 
 was of the character doubtless anticipated from a 
 person entertaining his views of the Federal Con 
 stitution. He said that slavery ought not to be intro 
 duced or permitted in any of the new States, and 
 that it should be gradually circumscribed and abol 
 ished in all. He believed, further, that the importa- 
 
334 THE LIFE AND TIMES OF JOHN JAY. 
 
 tion clause in the Constitution conferred upon Con 
 gress the right to prohibit the migration of slaves 
 into any of the Territories or newly formed States. 
 It is needless to say that these opinions were too 
 radical to meet the approval of any American states 
 man of that day. Had they generally prevailed, and 
 been embodied in legislation, slavery would have been 
 confined to its original domain, and have died of 
 asphyxia, without the vast expenditure of blood and 
 treasure ultimately found necessary for its destruction. 
 Notwithstanding the infirmities incident to his 
 years, Jay enjoyed an old age of remarkable tran 
 quillity. Like a stream approaching the ocean, life 
 seemed to flow steadily onward in quietness and 
 beauty to the end. A generation had come forward 
 " which knew not Joseph ; " and with the one passing 
 away were buried many of the calumnies with which 
 he had been assailed. His long retirement had 
 exempted him from engaging in the conflicts and 
 animosities of modern parties, and near posterity 
 learned to revere him for his distinguished services, 
 and the spotless purity of his character. For many 
 years each recurrence of Independence Day had 
 served to mark advances in the material prosperity 
 of the American people. Since the formation of the 
 government, the country had more than doubled 
 both its area and population. The clouds which had 
 obscured the horizon a few years before were now dis- 
 
AT BEDFORD. 335 
 
 persed, and "the era of good feeling" was restored. 
 It was determined to celebrate the fiftieth anniver 
 sary of the Declaration, near at hand, with more 
 than ordinary pomp and festivity. Two members of 
 the committee that had reported it its author and 
 the one that enforced its adoption upon Congress 
 still survived ; and it was deemed eminently appro 
 priate that he, too, who had so greatly aided in ren 
 dering the instrument effective, should participate 
 in ceremonies suitable to the occasion. When reply 
 ing to the invitation from the municipal authorities 
 of New York, Jay said, " I cannot forbear to embrace 
 the opportunity thus afforded, to express my earnest 
 hope that the peace, happiness, and prosperity en 
 joyed by our beloved country may induce those who 
 direct her national counsels, to recommend a general 
 and public return of praise and thanksgiving to Him 
 from whose goodness these blessings descend." This 
 letter, directing his countrymen to that Power whose 
 arm he felt supporting him while descending into 
 the dark valley, was among his last productions. 
 
 The end, now rapidly approaching, was awaited 
 without fear. On the evening of May 14, 1829, he 
 retired apparently in his usual health, but during the 
 night was stricken with palsy. He lingered until 
 noon of the i;th, when he expired, in the eighty- 
 fourth year of his age. His death was in strict keep 
 ing with his life. He had outlived nearly all of his 
 
336 THE LIFE AND TIMES OF JOHN JAY. 
 
 early political associates. Of the members of the 
 old Congress, Adams and Jefferson, with its secre 
 tary, Thomson, had recently died, leaving the vener 
 able Carroll, as Mr. Webster said, " like an aged oak 
 upon the plain." He, too, soon fell, the last of the 
 giants of those days. By his own request, Jay was 
 buried without ostentation, and the money thereby 
 saved was devoted to the relief of a neighboring 
 widow and her family. 
 
 The announcement of his death was received with 
 general regret, and called forth tributes to his mem 
 ory from public bodies and private citizens in all 
 parts of the Union. The bar connected with the 
 highest tribunal of his own State men who knew 
 him personally thus testified their appreciation of 
 his character : " While his private virtues and pub 
 lic worth have justly endeared him to the nation, his 
 patriotism, great talents as a statesman, and his great 
 acquirements as a jurist, and his eminent purity as 
 a Christian, and his probity as a man, all unite to 
 present him to the public as an example whose 
 radiance points to the attainment of excellence." 
 
CONCLUSION. 337 
 
 XXIV. 
 
 CONCLUSION. 
 
 A 
 
 MAN S character is to be sought in the record 
 of his life, yet this brief sketch of Jay s career 
 necessarily leaves unsaid, much that is essential in 
 forming a proper estimate of him. 
 
 [The mind of the first chief justice was vigorous, 
 well balanced, and governed by enlightened moral 
 faculties : hence his judgment was exact, logical, and 
 discriminating. His deficiencies were, perhaps, a 
 want of imagination, the efficient handmaid to rea 
 son, and a lack of that humor which gives zest to 
 the driest logic. In the correspondence and other pa 
 pers emanating from his pen, we seldom find a figure 
 of speech employed to illustrate his meaning, and 
 discover no trace of wit to enliven his familiar dis 
 course. His great characteristic was superior wis 
 dom in seeing clearly the right as distinguished from 
 the expedient, and following it firmly and patiently./ 
 He was not a full man, in the sense of Lord Bacon, his 
 knowledge having been mainly acquired from inter 
 course with others : neither was it deepened by study, 
 
338 THE LIFE AND TIMES OF JOHN JAY. 
 
 nor broadened by culture. |He was thoroughly im 
 bued with the spirit of truth and loyalty to duty, 
 as was manifested in all his public positions and 
 private relations. Without guile, he could yet hide 
 what should be concealed ; but what was revealed 
 carried with it, to truthful men, the conviction of 
 truth. ; This straightforwardness baffled the jugglery 
 of the Spanish and French diplomats, won Oswald 
 and Shelburne to his views, and led sturdy John 
 Adams to exclaim, " When my confidence in Mr. Jay 
 shall cease, I must give up the cause of confidence, 
 and renounce it in all men." 
 
 He was exact in his expenditures, and liberal in 
 his charities. His wants in all cases conformed to 
 his means, and his soundness of judgment was 
 illustrated by the investments that he made. At a 
 private meeting, Hamilton and Robert Morris recom 
 mended buying new lands : Jay, on the other hand, 
 advocated suburban property. By their respective 
 purchases, the first lost money, the second was 
 ruined, while the third realized a profit. 
 
 Jay was by nature of a quick temper ; but like 
 Washington, whom he resembled in many traits, he 
 early brought it under control. The principles regu 
 lating his life were formed ere manhood was reached, 
 and lived out with unswerving fidelity : hence his 
 conduct was consistent throughout. His manners 
 were grave and not engaging to strangers, inspiring 
 
CONCLUSION. 339 
 
 respect rather than affection. He was a man of 
 great sincerity, and claimed never to have lost a 
 friend through an act of his ; but his confidence once 
 forfeited was never regained. Its loss left no enmity 
 behind, yet the impression was ineffaceable. 
 
 He was without sufficient ambition to make the 
 necessary sacrifice for the possession of power : nei 
 ther was he bold and enterprising enough to become 
 a political leader. His desires seemed to be, to meet 
 the approval of his own conscience, and to win the 
 esteem of the wise and good ; and there is nothing to 
 indicate that he ever sought popularity or public 
 station : hence his refusal to even entertain Ham 
 ilton s scheme to defeat Jefferson. 
 
 The life of John Jay was that of an humble Chris 
 tian, pure and undefined ; and we shall search in vain 
 among .the public men of the age, for one possessing 
 greater virtue or more unselfish patriotism. . As was 
 said of another in the olden time, "He did that 
 which was right in the sight of the Lord, and turned 
 not aside to the right or the left hand." 
 
 x 
 
 OF THE X 
 
 UNIVE ~ 
 
 Of 
 
APPENDIX A. 
 
 ADDRESS TO THE PEOPLE OF GREAT BRITAIN. 
 
 T^RIENDS AND FELLOW-SUBJECTS, When a nation led 
 JL to greatness by the hand of liberty, and possessed of all 
 the glory that heroism, munificence, and humanity can be 
 stow, descends to the ungrateful task of forging chains for 
 her friends and children, and, instead of giving support to 
 freedom, turns advocate for slavery and oppression, there 
 is reason to suspect she has either ceased to be virtuous, 
 or been extremely negligent in the appointment of her 
 rulers. 
 
 In almost every age, in repeated conflicts, in long and 
 bloody wars, as well civil as foreign, against many and pow 
 erful nations, against the open assaults of enemies, and 
 the more dangerous treachery of friends, have the inhabit 
 ants of your island, your great and glorious ancestors, main 
 tained their independence, and transmitted the rights of 
 men and the blessings of liberty to you, their posterity. 
 
 Be not surprised, therefore, that we, who are descended! 
 from the same common ancestors; that we, whose fore 
 fathers participated in all the rights, the liberties, and the 
 Constitution you so justly boast of, and who have carefully 
 conveyed the same fair inheritance to us, guaranteed by the 
 
 341 
 
342 APPENDIX A. 
 
 plighted faith of government, and the most solemn com 
 pacts with British sovereigns, should refuse to surrender 
 them to men who found their claims on no principles of 
 reason, and who prosecute them with a design, that, by 
 having our lives and property in their power, they may with 
 the greater facility enslave you. 
 
 The cause of America is now the object of universal 
 attention : it has at length become very serious. This un 
 happy country has not only been oppressed, but abused 
 and misrepresented ; and the duty we owe to ourselves and 
 posterity, to your interest and the general welfare of the 
 British Empire, leads us to address you on this very im 
 portant subject. 
 
 Know, then, that we consider ourselves, and do insist 
 that we are and ought to be, as free as our fellow-subjects 
 in Britain, and that no power on earth has a right to take 
 our property from us without our consent. 
 
 That we claim all the benefits secured to the subject by 
 the English Constitution, and particularly that inestimable 
 of trial by jury. 
 
 That we hold it essential to English liberty, that no man 
 be condemned unheard, or punished for supposed offences, 
 without having an opportunity of making his defence. 
 
 That we think the Legislature of Great Britain is not 
 authorized to establish a religion fraught with sanguinary 
 and impious tenents, or to erect an arbitrary form of gov 
 ernment in any quarter of the globe. These rights, we, as 
 well as you, deem sacred. And yet, sacred as they are, 
 they have, with many others, been repeatedly and flagrantly 
 violated. 
 
APPENDIX A. 343 
 
 Are not the proprietors of the soil of Great Britain lords 
 of their own property ? Can it be taken from them without 
 their consent ? Will they yield it to the arbitrary disposal 
 of any man or any number of men whatever ? You know 
 they will not. 
 
 Why, then, are the proprietors of the soil of America less 
 lords of their property than you are of yours? or why 
 should they submit it to the disposal of your Parliament, 
 or any other parliament or council in the world not of their 
 election ? Can the intervention of the sea that divides us 
 cause disparity in rights ? or can any reason be given why 
 English subjects, who live three thousand miles from the 
 royal palace, should enjoy less liberty than those who are 
 three hundred miles distant from it ? 
 
 Reason looks with indignation on such distinctions, and 
 freemen can never perceive their propriety. And yet, 
 however chimerical and unjust such discriminations are, the 
 Parliament asserts that they have a right to bind us in all 
 cases without exception, whether we consent pr not ; that 
 they may take and use our property, when and in what 
 manner they please ; that we are pensioners on their bounty 
 for all that we possess ; and can hold it no longer than they 
 vouchsafe to permit. Such declarations we consider as 
 heresies in English politics, and which can no more operate 
 to deprive us of our property, than the interdicts of the 
 pope can divest kings of sceptres which the laws of the 
 land and the voice of the people have placed in their 
 hands. 
 
 At the conclusion of the late war, a war rendered 
 glorious by the abilities and integrity of a minister to whose 
 
344 APPENDIX A. 
 
 efforts the British Empire owes its safety and its fame, at 
 the conclusion of this war, which was succeeded by an in 
 glorious peace, formed under the auspices of a minister of 
 principles and of a family unfriendly to the Protestant 
 cause, and inimical to liberty; we say at this period, and 
 under the influence of that man, a plan for enslaving your 
 fellow-subjects in America was concerted, and has ever 
 since been pertinaciously carrying into execution. 
 
 Prior to this era, you were content with drawing from 
 us the wealth produced by our commerce. You restrained 
 our trade in every way that could conduce to your emolu 
 ment. You exercised unbounded sovereignty over the sea. 
 You named the ports and nations to which alone our 
 merchandise should be carried, and with whom alone we 
 should trade ; and though some of these restrictions were 
 grievous, we nevertheless did not complain ; we looked up 
 to you as to our parent State to which we were bound by the 
 strongest ties, and were happy in being instrumental to 
 your prosperity and grandeur. 
 
 We call upon you, yourselves, to witness our loyalty and 
 attachment to the common interest of the whole empire. 
 Did we not in the last war add all the strength of this vast 
 continent to the force which repelled our common enemy ? 
 Did we not leave our native shores, and meet disease and 
 death, to promote the success of British arms in foreign 
 climates? Did you not thank us for our zeal, and even 
 reimburse us large sums of money, which, you confessed, 
 we had advanced beyond our proportion, and far beyond our 
 abilities ? You did. 
 
 To what causes, then, are we to attribute the sudden 
 
APPENDIX A. 345 
 
 change of treatment, and that system of slavery which was 
 prepared for us at the restoration of peace ? 
 
 Before we had recovered from the distresses which ever 
 attend war, an attempt was made to drain this country of 
 all its money by the oppressive Stamp Act. Paints, glass, 
 and other commodities which you would not permit us to 
 purchase of other nations, were taxed. Nay, although no 
 wine is made in any country subject to the British state, 
 you prohibited our procuring it of foreigners without paying 
 a tax imposed by your Parliament on all we imported. 
 These, and many other impositions, were laid upon us 
 most unjustly and unconstitutionally, for the express purpose 
 of raising a revenue. In order to silence complaint, it was 
 indeed provided, that this revenue should be expended in 
 America for its protection and defence. These exactions, 
 however, can receive no justification from a pretended 
 necessity of protecting and defending us. They were lav 
 ishly squandered on court favorites and ministerial depend 
 ants, generally avowed enemies to America, and employing 
 themselves by partial representation to traduce and embroil 
 the colonies. For the necessary support of Government 
 here, we ever were, and ever shall be, ready to provide. 
 And whenever the exigencies of the State may require it, 
 we shall, as we have heretofore done, cheerfully contribute 
 our full proportion of men and money. To enforce this 
 unconstitutional. and unjust scheme of taxation, every fence 
 that the wisdom of our British ancestors had carefully 
 erected against arbitrary power, has been violently thrown 
 down in America, and the inestimable right of trial by jury 
 taken away in cases that touch life and property. It was 
 
346 APPENDIX A. 
 
 ordained, that whenever offences should be committed in 
 the colonies against particular acts, imposing various duties 
 and restrictions upon trade, the prosecutor might bring his 
 action for the penalties in the courts of admiralty, by which 
 means the subject lost the advantage of being tried by an 
 honest, uninfluenced jury of the vicinage, and was subjected 
 to the sad necessity of being judged by a single man, the 
 creature of the crown, and according to the course of law 
 which exempts the prosecutor from the trouble of proving 
 his accusation, and obliges the defendant either to evince 
 his innocence or to suffer. To give this new judicatory the 
 greater importance, and as if with design to protect false 
 accusers, it is further provided that the judge s certificate 
 of there having been probable cause of seizure and prose 
 cution, shall protect the prosecutor from actions at common 
 law for recovery of damages. 
 
 By the course of our laws, offences committed in such 
 of the British dominions in which courts are established, and 
 justice duly and regularly administered, shall be there tried 
 by a jury of the vicinage. Then the offenders and witnesses 
 are known, and the degree of credibility to be given to their 
 testimony can be ascertained. 
 
 In all these colonies, justice is regularly and impartially 
 administered; and yet, by the construction of some, and 
 the direction of other Acts of Parliament, offenders are to 
 be taken by force, together with all such persons as may be 
 pointed out as witnesses, and carried to England, there to 
 be tried in a distant land by a jury of strangers, and subject 
 to all the disadvantages that result from want of friends, 
 want of witnesses, and want of money. 
 
APPENDIX A. 347 
 
 When the design of raising a revenue from the duties 
 imposed on the importation of tea into America, had, in a 
 great measure, been rendered abortive by our ceasing to 
 import that commodity, a scheme was concerted by the 
 ministry with the East-India Company, and an Act passed, 
 enabling and encouraging them to transport and vend it 
 in the colonies. Aware of the danger of giving success to 
 this insidious manoeuvre, and of permitting a precedent of 
 taxation thus to be established among us, various methods 
 were adopted to elude the stroke. The people of Boston, 
 then ruled by a governor, whom, as well as his predecessor 
 Sir Francis Bernard, all America considers as her enemy, 
 were exceedingly embarrassed. The ships which had ar 
 rived with the tea were, by his management, prevented from 
 returning. The duties would have been paid, the cargoes 
 landed, and exposed to sale : a governor s influence would 
 have procured and protected many purchasers. While the 
 town was suspended by deliberations on this important 
 subject, the tea was destroyed. Even supposing a trespass 
 was thereby committed, and the proprietors of the tea en 
 titled to damages, the courts of law were open, and judges 
 appointed by the crown presided in them. The East-India 
 Company, however, did not think proper to commence any 
 suits ; nor did they even demand satisfaction, either from 
 individuals, or from the community in general. The minis 
 try, it seems, officiously made the case their own, and the 
 great council of the nation descended to intermeddle with 
 a dispute about private property. Divers papers, letters, 
 and other unauthenticated ex parte evidence, were laid be 
 fore them ; neither the persons who destroyed the tea, nor 
 
348 APPENDIX A. 
 
 the people of Boston, were called upon to answer the com 
 plaint. The ministry, incensed by being disappointed in 
 a favorite scheme, were determined to recur from the little 
 arts of finesse, to open force and unmanly violence. The 
 port of Boston was blocked up by a fleet, and an army 
 placed in the town. Their trade was to be suspended, and 
 thousands reduced to the necessity of gaining subsistence 
 from charity, till they should submit to pass under the yoke, 
 and consent to become slaves by confessing the omnipo 
 tence of Parliament, and acquiescing in whatever disposition 
 they might think proper to make of their lives and property. 
 
 Let justice and humanity cease to be the boast of your 
 nation. Consult your history, examine your records of 
 former transactions; nay, turn to the annals of the many 
 arbitrary states and kingdoms that surround you, and show 
 us a single instance of men being condemned to suffer for 
 imputed crimes, unheard, unquestioned, and without even 
 the specious formality of a trial and that, too, by laws 
 made expressly for the purpose, and which had no existence 
 at the time of the act committed. If it be difficult to rec 
 oncile these proceedings to the genius and temper of your 
 laws and Constitution, the task will become more arduous 
 when we call upon our ministerial enemies to justify, not 
 only condemning men untried and by hearsay, but involving 
 the innocent, in one common punishment, with the guilty ; 
 and for the act of thirty or forty, to bring poverty, distress, 
 and calamity on thirty thousand souls, and those not your 
 enemies, but your friends, brethren, and fellow-subjects. 
 
 It would be some consolation to us if the catalogue of 
 American oppressions ended here. It gives us pain to be 
 
APPENDIX A. 349 
 
 reduced to the necessity of reminding you, that, under the 
 confidence reposed in the faith of government pledged in 
 a royal charter from a British sovereign, the forefathers of 
 the present inhabitants of Massachusetts Bay left their former 
 habitations, and established that great flourishing and loyal 
 colony. Without incurring, or being charged with, a forfeit 
 ure of their rights, without being heard, without being tried, 
 without law, and without justice, by an Act of Parliament 
 their charter is destroyed, their liberties violated, their Con 
 stitution and form of government changed ; and all this, 
 upon no better pretence than because in one of their towns 
 a trespass was committed on some merchandise, said to 
 belong to one of the companies, and because the ministry 
 were of opinion that such high political regulations were 
 necessary to compel due subordination and obedience to 
 their mandates. 
 
 Nor are these the only capital grievances under which we 
 labor. . We might tell of dissolute, weak, and wicked gov 
 ernors having been set over us; of legislatures being sus 
 pended for asserting the rights of British subjects ; of needy 
 and ignorant dependants on great men, advanced to the 
 seats of justice, and to other places of trust and importance ; 
 of hard restrictions on commerce ; and a great variety of 
 lesser evils, the recollection of which is almost lost under 
 the weight and pressure of greater and more poignant 
 calamities. 
 
 Now mark the progression of the ministerial plan for 
 enslaving us. Well aware that such hardy attempts to take 
 our property from us, to deprive us of the valuable right of 
 trial by jury, to seize our persons and carry us for trial to 
 
350 APPENDIX A. 
 
 Great Britain, to blockade our ports, to destroy our charters, 
 and change our form of government, would occasion, and 
 had already occasioned, great discontent in the colonies, 
 which might produce opposi tion to these measures, an Act 
 was passed to protect, indemnify, and screen from punish 
 ment, such as might be guilty even of murder, in endeavor 
 ing to carry their oppressive edicts into execution ; and by 
 another Act the Dominion of Canada is to be so extended, 
 modelled, and governed, as that by being disunited from us, 
 detached from our interests by civil as well as religious 
 prejudices, that by their numbers daily swelling with Catholic 
 emigrants from Europe, and by their devotion to an admin 
 istration so friendly to their religion, they might become 
 formidable to us, and, on occasion, be fit instruments in the 
 hands of power to reduce the ancient free Protestant col 
 onies to the same state of slavery with themselves. 
 
 This was evidently the object of the Act; and in this 
 view, being extremely dangerous to our liberty and quiet, 
 we cannot forbear complaining of it as hostile to British 
 America. Superadded to these considerations, we cannot 
 help deploring the unhappy condition to which it has 
 reduced the many English settlers, who, encouraged by the 
 royal proclamation, promising the enjoyment of all their 
 rights, have purchased estates in that country. They are 
 now the subjects of an arbitrary government, deprived of 
 trial by jury, and, when imprisoned, cannot claim the benefit 
 of the Habeas Corpus Act, that great bulwark and palla 
 dium of English liberty. Nor can we suppress our astonish 
 ment that a British parliament should ever consent to 
 establish in that country a religion that has deluged your 
 
APPENDIX A. 351 
 
 island with blood, and dispersed impiety, bigotry, persecu 
 tion, murder, and rebellion through every part of the 
 world. 
 
 This being a state of facts, let us beseech you to consider 
 to what end they lead. Admit that the ministry, by the 
 powers of Britain and the aid of our Roman-Catholic 
 neighbor, should be able to carry the point of taxation, and 
 reduce us to a state of perfect humiliation and slavery. 
 Such an enterprise would doubtless make some addition to 
 your national debt, which already presses down your liber 
 ties, and fills you with pensioners and placemen. We pre 
 sume also that your commerce will somewhat be diminished. 
 However, suppose you should prove victorious, in what 
 condition will you then be ? What advantages or what lands 
 will you reap from such a conquest ? May not a ministry 
 with the same armies enslave you ? It may be said you will 
 cease to pay them ; but remember the taxes from America, 
 the wealth, and, we may add, the men, and particularly the 
 Roman Catholics, of this vast continent, will then be in 
 the power of your enemies; nor will you have reason 
 to expect, that, after making slaves of us, many among us 
 should refuse to assist in reducing you to the same abject 
 state. 
 
 Do not treat this as chimerical. Know that in less than 
 half a century, the quit rents reserved to the crown from 
 the numberless grants of this vast continent, will pour large 
 streams of wealth into the royal coffers ; and if to this be 
 added the power of taxing America at pleasure, the crown 
 will be rendered independent of you for supplies, and will 
 possess more treasure than may be necessary to purchase 
 
352 APPENDIX A. 
 
 the remains of liberty in your island. In a word, take care 
 that you do not fall into the pit that is preparing for us. 
 ^We believe there is yet much virtue, much justice, and 
 much public spirit, in the English nation. To that justice 
 we now appeal. You have been told that we are seditious, 
 impatient of government, and desirous of independence. 
 Be assured that these are not facts, but calumnies. Permit 
 us to be as free as yourselves, and we shall ever esteem a 
 union with you to be our greatest glory, and our greatest 
 happiness ; we shall ever be ready to contribute all in our 
 power to the welfare of the empire ; we shall consider your 
 enemies as our enemies, and your interest as our own. 
 
 But if you are determined that your ministers shall 
 wantonly sport with the rights of mankind ; if neither the 
 voice of justice, the dictates of law, the principles of the 
 Constitution, or the suggestions of humanity, can restrain 
 your hands from shedding human blood in such an impious 
 cause, we must then tell you that we will never submit to 
 be hewers of wood, or drawers of water, for any ministry or 
 nation in the world. ; 
 
 Place us in the Tame situation as we were at the close 
 of the last war, and our former harmony will be restored. 
 But lest the same supineness, and the same inattention to 
 our common interest, which you have for several years 
 shown, should continue, we think it prudent to anticipate 
 the consequences. 
 
 By the destruction of the trade of Boston, the ministry 
 have endeavored to induce submission to their measures. 
 The like fate may befall us all. We will endeavor, there 
 fore, to live without trade, and recur for subsistence to 
 
APPENDIX A. 353 
 
 the fertility and bounty of our native soil, which affords us 
 all the necessaries and some of the conveniences of life. 
 We have suspended our importation from Great Britain and 
 Ireland, and in less than a year s time, unless our grievances 
 should be redressed, shall discontinue our exports to those 
 kingdoms and the West Indies. 
 
 It is with the utmost regret, however, that we find ourselves 
 compelled, by the overruling principles of self-preservation, 
 to adopt measures detrimental in their consequences to 
 numbers of our fellow-subjects in Great Britain and Ireland ; 
 but we hope that the magnanimity and justice of the 
 British nation will furnish a parliament of such wisdom, 
 independence, and public spirit, as may save the violated 
 rights of the whole empire from the devices of wicked 
 ministers and evil counsellors, whether in or out of office, 
 and thereby restore that harmony, friendship, and fraternal 
 affection between all the inhabitants of his majesty s king 
 doms and territories, so ardently wished for by every true 
 and honest American. 
 
APPENDIX B. 
 
 THE CONSTITUTIONAL RIGHT TO SUE A STATE OF 
 THE UNION. 
 
 CHISHOLM, EXECUTOR, versus GEORGIA. 
 [fay s Ofinion as reported by Dallas.] 
 
 THE question we are now to decide has been accurately 
 stated ; viz., Is a State suable by individual citizens of 
 another State ? 
 
 It is said that Georgia refuses to appear and answer to 
 the plaintiff in this action, because she is a sovereign State, 
 and, therefore, not liable to such actions. In order to as 
 certain the merits of this objection, let us inquire, ist, In 
 what sense Georgia is a sovereign State ; 2d, Whether sua 
 bility is incompatible with such sovereignty ; 3d, Whether 
 the Constitution to which Georgia is a party authorizes 
 such an action against her. Suability and suable are words 
 not in common use, but they concisely, correctly convey the 
 idea annexed to them. 
 
 First : In determining the sense in which Georgia is a 
 sovereign State, it may be useful to turn our attention to the 
 political situation we were in prior to the Revolution, and to 
 the political rights which emerged from the Revolution. 
 All the country now possessed by the United States, was 
 
 354 
 
APPENDIX B. 
 
 355 
 
 then a part of the dominions appertaining to the crown of 
 Great Britain. Every acre of land in this country was then 
 held, mediately or immediately, by grants from that crown. 
 All the people of this country were then subjects of the king 
 of Great Britain, and owed allegiance to him ; and all the 
 civil authority then existing, or exercised here, flowed from 
 the head of the British Empire. They were, in strict sense, 
 / //^ -subjects, and, in a variety of respects, one people. 
 When the Revolution commenced, the patriots did not assert 
 that only the same affinity and social connection subsisted 
 between the people of the colonies, which subsisted between 
 the people of Gaul, Britain, and Spain, while Roman prov 
 inces ; viz., only that affinity and social connection which 
 result from the mere circumstance of being governed by the 
 same prince. Different ideas prevailed, and gave occasion 
 to the Congress of 1774 and 1775. 
 
 The Revolution, or rather the Declaration of Independ 
 ence, found the people already united for general purposes, 
 and, at the same time, providing for their more domestic 
 concerns by State conventions, and other temporary arrangej- 
 ments. From the crown of Great Britain the sovereignty 
 of their country passed to the people of it ; and it was not 
 then an uncommon opinion that the unappropriated lands, 
 which belonged to that crown, passed, not to the people of 
 the colony or State within whose limits they were situated, 
 but to the whole people. On whatever principles this opin-^ f 
 ion rested, it did not give way to the other; and thirteen 
 sovereignties were considered as emerged from the princi 
 ples of the Revolution combined with local convenience 
 and considerations. The people, nevertheless, continued to 
 
356 APPENDIX B. 
 
 consider themselves, in a national point of view, as one 
 people, and they continued without interruption to manage 
 their national concerns accordingly. Afterwards, in the 
 hurry of war, and in the warmth of mutual confidence, they 
 made a Confederation of the States the basis of a General 
 Government. Experience disappointed the expectations 
 they had formed from it ; and then the people, in their col 
 lective and national capacity, established the present Con 
 stitution. It is remarkable, that, in establishing it, the people 
 exercised their own rights and their own proper sovereignty ; 
 and, conscious of the plenitude of it, they declared, with 
 becoming dignity, " We, the people of the United States, do 
 ordain and establish this Constitution." Here we see the 
 people acting as sovereigns of the whole country, and, in the 
 language of sovereignty, establishing a Constitution by which 
 it was their will that the State Governments should be bound, 
 and to which the State Constitutions should be made to con 
 form. Every State Constitution is a compact made by 
 and between the citizens of a State, to govern themselves in 
 a certain manner ; and the Constitution of the United States 
 is likewise a compact made by the people of the United 
 States, to govern themselves as to general objects in a 
 certain manner. By this great compact, however, many 
 prerogatives were transferred to the National Government, 
 such as those of making war and peace, contracting alliances, 
 coining money, etc. 
 
 If, then, it be true, that the sovereignty of the nation is the 
 people of the nation, and the residuary sovereignty of each 
 State in the people of each State, it may be useful to com 
 pare these sovereignties with those of Europe, that we may 
 
APPENDIX S. 
 
 thence be enabled to judge whether all the prerogatives, 
 which are allowed to the latter, are so essential to the former. 
 There is reason to suspect that some of the difficulties, 
 which embarrass the present question, arise from inattention 
 to differences which subsist between them. 
 
 It will be sufficient to observe briefly that the sovereign 
 ties in Europe, and particularly in England, exist on feudal 
 principles. That system considers the prince as the sover 
 eign, and the people as his subjects. It regards his person 
 as the object of allegiance, and excludes the idea of his be 
 ing on an equal footing with a subject, either in a court of 
 justice or elsewhere. That system contemplates him as 
 being the fountain of honor and authority, and, from his 
 grace and grant, derives all franchises, immunities, and priv 
 ileges. It is easy to perceive that such a sovereign could 
 not be amenable to a court of justice, or subjected to 
 judicial control or actual constraint. It was of necessity, 
 therefore, that suability became incompatible with such 
 sovereignty. Besides, the prince having all the executive 
 powers, the judgment of the courts would, in fact, be only 
 monitory, not mandatory, to him ; and a capacity to be ad 
 vised is a distinct thing from a capacity to be sued. The 
 same feudal ideas run through all their jurisprudence, and 
 constantly remind us of the distinction between the prince 
 and the subject. No such ideas obtain here. At the Rev 
 olution the sovereignty devolved on the people, and they 
 are truly the sovereigns of the country ; but they are sover 
 eigns without subjects (unless the African slaves among us 
 may be so called), and have none to govern but themselves. 
 The citizens of America are equal as fellow-citizens, and as 
 joint tenants in the sovereignty. 
 
358 APPENDIX 
 
 From the differences existing between feudal sovereign 
 ties, and governments founded on compacts, it necessarily 
 follows that their respective prerogatives must differ. Sov 
 ereignty is the right to govern a nation or State. Sovereign 
 is the person or persons in whom that resides. In Europe 
 the sovereignty is generally ascribed to the prince. Here 
 it rests with the people. There the sovereign actually 
 administers the government, here never in a single instance. 
 Our governors are the agents of the people, and at most 
 stand in the same relation to their sovereign in which 
 regents in Europe stand to their sovereigns. Their princes 
 have personal powers, dignities, and pre-eminences : our 
 rulers have none but official, nor do they partake in the 
 sovereignty otherwise or in any other capacity than as 
 private citizens. 
 
 Secondly : The second object of inquiry now presents 
 itself; viz., whether suability is compatible with State 
 sovereignty. 
 
 Suability by whom ? Not a subject, for in this country 
 there are none. Not an inferior ; for all its citizens being, as 
 to civil rights, perfectly equal, there is not in that respect 
 one citizen inferior to another. It is agreed that one free 
 citizen may sue another, the obvious dictates of justice 
 and the purposes of society demanding it. It is agreed 
 that one free citizen may sue any number on whom pro 
 cess can be conveniently executed : nay, in certain cases, 
 one citizen may sue forty thousand ; for, when a corporation 
 is sued, all the members of it are actually sued, though not 
 personally sued. J In this city, there are forty odd thousand 
 free citizens, all of whom may be collectively sued by any 
 
APPENDIX B. 359 
 
 individual citizen. In the State of Delaware, there are fifty 
 odd thousand free citizens j and what reason can be assigned 
 why a free citizen who has demands against them should 
 not prosecute them ? Can the difference between forty odd 
 thousand and fifty odd thousand make any distinction as to 
 right? Is it not as easy and as convenient to the public 
 and parties to serve a summons on the governor and attorney- 
 general of Delaware, as on the mayor or other officers of 
 the corporation of Philadelphia? Will it be said that the 
 fifty odd thousand citizens in Delaware, being associated 
 under a State Government, stand in a rank so superior to 
 the forty odd thousand of Philadelphia associated under 
 their charter, that although it may become the latter to 
 meet an individual on an equal footing in a court of justice, 
 yet that such a procedure would not comport with the dignity 
 of the former ? In this land of equal liberty, shall forty odd 
 thousand in one place be compellable to do justice, and 
 yet fifty odd thousand in another place be privileged to do 
 justice only as they may think proper? Such objections 
 would not correspond with the equal rights we claim ; with 
 the equality we profess to admire and maintain, and with 
 that popular sovereignty in which every citizen partakes. 
 Grant that the governor of Delaware holds an office of 
 superior rank to the mayor of Philadelphia, they are both, 
 nevertheless, the officers of the people ; and however more 
 exalted the one may be than the other, yet, in the opinion 
 of those who dislike aristocracy, that circumstance cannot 
 be a good reason for impeding the course of justice. 
 
 If there be any such incompatibility as is pretended, 
 whence does it arise? In what does it consist? There is 
 
360 APPENDIX B. 
 
 at least one strong, undeniable fact against this incompati 
 bility; and that is, any one State in the Union may sue 
 another State in this court ; that is, all the people of one 
 State may sue all the people of another State. It is plain, 
 then, that a State may be sued ; and hence it plainly follows 
 that suability and State sovereignty are not incompatible. 
 As one State may sue another State in this court, it is plain 
 that no degradation to a State is thought to accompany her 
 appearance in this court that the objection points. To 
 what does it point? It points to an appearance at the suit 
 of one or more citizens. But why it should be more 
 incompatible that all the people of a State should be sued 
 by one citizen than by one hundred thousand, I cannot 
 perceive ; the process in both cases being alike, and the 
 consequences of a judgment alike. Nor can I observe any 
 greater inconvenience in the one case than in the other, 
 except what may arise from the feelings of those who may 
 regard a lesser number in an inferior light. But, if any 
 reliance be made on this inferiority as an objection, at 
 least one-half of its force is done away by this fact, that 
 it is conceded that a State may appear in this court as a 
 plaintiff against a single citizen as defendant ; and the truth 
 is, that the State of Georgia is at this moment prosecut 
 ing an action in this court against two citizens of South 
 Carolina. 
 
 The only remnant of objection, therefore, that remains, is, 
 that the State is not bound to appear and answer as a 
 defendant at the suit of an individual; but why it is 
 unreasonable that she should be so bound, is hard to con 
 jecture. That rule is said to be a bad one which does not 
 
APPENDIX B. 361 
 
 work both ways ; and the citizens of Georgia are content with 
 a right of suing citizens of other States, but are not content 
 that citizens of other States should have a right to sue them. 
 
 Let us now proceed to inquire whether Georgia has not, 
 by being a party to the national compact, consented to be 
 suable by individual citizens of another State. This in 
 quiry naturally leads our attention, ist, to the design of the 
 Constitution ; 2d, to the letter and express declaration in it. 
 
 Prior to the date of the Constitution, the people had not 
 any national tribunal to which they could resort for justice. 
 The distribution of justice was then confined to State judica- 
 tories, in whose institution and organization the people of 
 the other States had no participation, and over whom they 
 had not the least control. There was then no general court 
 of appellate jurisdiction by whom the errors of State courts, 
 affecting either the nation at large or the citizens of 
 any other State, could be revised and corrected. Each 
 State was obliged to acquiesce in the measure of justice 
 which another State might yield to her, or to her citizens, 
 and that even in cases where State considerations were not 
 always favorable to the most exact measure. There was 
 danger that from this source animosities would in time 
 result ; and as the transition from animosities to hostilities 
 was frequent in the history of independent States, a common 
 tribunal for the termination of controversies became desir 
 able from motives both of justice and of policy. 
 
 Prior also to that period, the United States had, by 
 taking a place among the nations of the earth, become 
 amenable to the law of nations \ and it was their interest, as 
 well as their duty, to provide that those laws should be 
 
362 APPENDIX B. 
 
 respected and obeyed. In their natural character and 
 capacity, the United States were responsible to foreign 
 nations for the conduct of each State relative to the law 
 of nations and the performance of treaties ; and then the 
 inexpediency of referring all such questions to State courts, 
 and particularly to the courts of delinquent States, became 
 apparent. While all the States were bound to protect each, 
 and the citizens of each, it was highly proper and reason 
 able that they should be in a capacity, not only to cause 
 justice to be done to each, and the citizens of each, but also 
 to cause justice to be done by each, and the citizens of each, 
 and that not by violence and force, but in a stable, sedate, 
 and regular course of judicial procedure. These were among 
 the evils against which it was proper for the nation that is, 
 the people of all the United States to provide by a national 
 judiciary, to be instituted by the whole nation, and to be 
 responsible to the whole nation. 
 
 Let us now turn to the Constitution. The people therein 
 declare that their design in establishing it comprehended 
 six objects, to form a more perfect union ; to establish 
 justice ; to insure domestic tranquillity ; to provide for 
 the common defence ; to promote the general welfare, and 
 to secure the blessings of liberty to themselves and their 
 posterity. It would be pleasing and useful to consider and 
 trace the relations which each of these objects bears to the 
 others, and to show that they collectively comprise every 
 thing requisite, with the blessing of divine Providence, to 
 render a people prosperous and happy : on the present 
 occasion such disquisitions would be unreasonable because 
 foreign to the subject immediately under consideration. 
 
APPENDIX B. 363 
 
 It may be asked, What is the precise sense and latitude in 
 which the words, "to establish justice," as here used, are 
 to be understood ? The answer to this question will result 
 from the provisions made in the Constitution on this head. 
 They are specified in the second section of the third article, 
 where it is ordained that the judicial power of the United 
 States shall extend to ten descriptions of cases : i. To all 
 cases arising under this Constitution ; because the meaning, 
 construction, and operation of a compact ought always to 
 be ascertained by all the parties, or by authority derived 
 from them. 2. To all cases arising under the laws of the 
 United States ; because, as such laws constitutionally made 
 are obligatory on each State, the measure of obligation and 
 obedience ought not to be decided and fixed by the party 
 from whom they are due, but by a tribunal deriving authority 
 from both the parties. 3. To all cases arising under treaties 
 made by their authority ; because as treaties are compacts 
 made by, and obligatory on, the whole nation, their operation 
 ought not to be affected or regulated by the local laws or 
 courts of a part of the nation. 4. To all cases affect 
 ing ambassadors or other public ministers and counsels; 
 because as these are officers of foreign nations, whom 
 this nation is bound to protect and treat according to 
 the law of nations, cases affecting them ought only to be 
 cognizable by national authority. 5. To all cases of admi 
 ralty and maritime jurisdiction ; because as the seas are the 
 joint property of nations, whose rights and privileges relative 
 thereto are regulated by the law of nations and treaties, such 
 cases necessarily belong to national jurisdiction. 6. To 
 controversies to which the United States shall be a party ; 
 
364 APPENDIX B. 
 
 because in cases in which the whole people are interested, 
 it would not be equal or wise to let any one State decide 
 and measure out the justice due to others. 7. To con 
 troversies between two or more States ; because domestic 
 tranquillity requires that the contentions of States should be 
 peaceably terminated by a common judicatory, and because, 
 in a free country, justice ought not to depend on the will 
 of either of the litigants. 8. To controversies between a 
 State and citizens of another State ; because, in case a State 
 (that is, all citizens of it) has demands against some citizens 
 of another State, it is better that she should prosecute their 
 demands in a national court, than in a court of the State to 
 which those citizens belong, the danger of irritation and 
 crimination arising from apprehensions and suspicions of 
 partiality being thereby obviated ; because, in cases where 
 some citizens of one State have demands against all the 
 citizens of another State, the cause of liberty and the rights 
 of men forbid that the latter should be the sole judges 
 of the justice due to the former, and true republican 
 government requires that free and equal citizens should have 
 free, fair, and equal justice. 9. To controversies between 
 citizens of the same State claiming lands under grants of 
 different States ; because, as the rights of the two States to 
 grant the land are drawn into question, neither of the two 
 States ought to decide the controversy. 10. To contro 
 versies between a State or the citizens thereof and foreign 
 States, citizens or subjects ; because as every nation is 
 responsible for the conduct of its citizens towards other 
 nations, questions touching the justice due to foreign 
 nations or people ought to be ascertained by, and depend 
 
APPENDIX B. 365 
 
 on national authority. Even this cursory view of the judi 
 cial powers of the United States leaves the mind strongly 
 impressed with the importance of them to the preservation 
 of the tranquillity, the equal sovereignty, and the equal 
 rights, of the people. 
 
 The question now before us renders it necessary to pay 
 particular attention to that part of the second section which 
 extends the judicial power to " controversies between a 
 State and citizens of another State." It is contended that 
 this ought to be construed to reach none of these con 
 troversies excepting those in which a State may be plaintiff. 
 The ordinary rules for construction will easily decide whether 
 those words are to be understood in that limited sense. 
 
 This extension of power is remedial because it is to settle 
 controversies. It is therefore to be construed liberally. It 
 is politic, wise, and good that not only the controversies in 
 which a State is plaintiff, but also those in which a State 
 is defendant, should be settled. Both cases, therefore, are 
 within the reason of the remedy, and ought to be so 
 adjudged unless the obvious, plain, and literal sense of the 
 words forbid it. If we attend to the words, we find them to 
 be express, positive, free from ambiguity, and without room 
 for such implied expressions. " The judicial power of the 
 United States shall extend to controversies between a State 
 and citizens of another State." If the Constitution really 
 meant to extend these powers only to those controversies in 
 which a State might be plaintiff, to the exclusion of those in 
 which citizens had demands against a State, it is inconceiv 
 able that it should have attempted to convey that meaning 
 in words not only so incompetent but also repugnant to it. 
 
366 APPENDIX B. 
 
 If it meant to exclude a certain class of these controversies, 
 why were they not expressly excepted ? On the contrary, 
 not even an intimation of such intention appears in any part 
 of the Constitution. It cannot be pretended, that, where 
 citizens urge and insist upon demands against a State which 
 the State refuses to admit and comply with, there is no con 
 troversy between them. If it is a controversy between 
 them, then it clearly falls, not only within the spirit, but the 
 very words, of the Constitution. What is it to the cause of 
 justice, and how can it affect the definition of the word con 
 troversy, whether the demands which cause the dispute are 
 made by a State against citizens of another State, or by the 
 latter against the former? When power is thus extended to 
 a controversy, it necessarily, as to all judicial purposes, is 
 also extended to those between whom it subsists. 
 
 The exception contended for would contradict, and do 
 violence to, the great and leading principles of a free and 
 equal national government, one of the great objects of 
 which is to insure justice to all, to the few against the 
 many, as well as the many against the few. It would be 
 strange, indeed, that the joint and equal sovereigns of this 
 country should, in the very Constitution by which they 
 professed to establish justice, so far deviate from the plain 
 path of equality and impartiality as to give to the collective 
 citizens of one State a right of suing individual citizens of 
 another State, and yet deny to those citizens a right of suing 
 them. We find the same general and comprehensive manner 
 of expressing the same ideas irj a subsequent clause in which 
 the Constitution ordains, that in all cases affecting ambassa 
 dors, other public ministers, and consuls, and those in which 
 
APPENDIX B. 367 
 
 a State shall be a party, the Supreme Court shall have origi 
 nal jurisdiction. Did it here mean party-plaintiff? If that 
 only was meant, it would have been easy to have found 
 words to express it. Words are to be understood in their 
 ordinary and common acceptation; and the word party 
 being in common usage applicable both to plaintiff and 
 defendant, we cannot limit it to one of them in the present 
 case. We find the Legislature of the United States express 
 ing themselves in the like general and comprehensive man 
 ner. They speak, in the thirteenth section of the Judicial 
 Act, of controversies where a State is a party ; and as they do 
 not impliedly or expressly apply that term to either of the 
 litigants in particular, we are to understand them as speaking 
 of both. In the same section they distinguished the cases 
 where ambassadors are plaintiffs from those in which they 
 are defendants, and make provision respecting those cases ; 
 and it is not unnatural to suppose that they would in like 
 manner have distinguished between cases where a State was 
 plaintiff, and where it was a defendant, if they had intended 
 to make any difference between them, or if they had appre 
 hended that the Constitution had made such a difference. 
 
 I perceive, and therefore candor urges me to mention, a 
 circumstance which seems to favor the opposite side of the 
 question. It is this : The same section of the Constitution 
 which extends the judicial power to controversies between a 
 State and the citizens of another State, does also extend that 
 power to controversies to which the United States are a 
 party. Now it may be said if the word party comprehends 
 both plaintiff and defendant, it follows that the United 
 States may be sued by any citizen between whom and them 
 
368 APPENDIX B. 
 
 there may be a controversy. This appears to me to be fair 
 reasoning ; but the same principles of candor which urge me 
 to mention this objection, also urge me to suggest an impor 
 tant difference between the two cases. It is this : In all 
 cases of action against States or individual citizens, the 
 national courts are supported, in all their legal and constitu 
 tional proceedings and judgments, by the executive power 
 of the United States ; but in cases of action against them, 
 there is no power which the courts can call to their aid. 
 From this distinction, important conclusions are deducible, 
 and they place the case of a State and the case of the 
 United States in very different points of view. 
 
 I wish the state of society was so far improved, and tlje 
 science of government advanced to such a degree of per 
 fection, as that the whole nation could, in the peaceable 
 course of law, be compelled to do justice, and be sued 
 by individual citizens. Whether that is, or is not, now the 
 case, ought not to be thus collaterally and incidentally 
 decided. I leave it a question. 
 
 As this opinion, though deliberately formed, has been 
 hastily reduced to writing between the intervals of the daily 
 adjournments, and while my mind was occupied and 
 wearied by the business of the day, I fear it is less concise 
 and connected than it might otherwise have been. I have 
 made no references to cases, because I know of none that 
 are not distinguishable from this, nor does it appear to me 
 necessary to show that the sentiments of the best writers on 
 government and the rights of men harmonize with the prin 
 ciples which direct my judgment on the present question. 
 The Acts of the former Congresses and the Acts of many 
 
APPENDIX B. 369 
 
 of the State Conventions are replete with similar ideas, and 
 to the honor of the United States it may be observed that 
 in no other country are subjects of the kind better if so well 
 understood. The attention and attachment of the Constitu 
 tion to the equal rights of the people are discernible in 
 almost every sentence of it, and it is to be regretted that 
 the provision in it which we have been considering has not 
 in every instance received the approbation and acquiescence 
 which it merits. Georgia has in strong language advocated 
 the cause of republican equality, and there is reason to 
 hope that the people of that State will yet perceive that it 
 would not have been consistent with equality to have 
 exempted the body of her citizens from that suability which 
 they are at this moment exercising against citizens of another 
 State. 
 
 J For my own part, I am convinced that the sense in which 
 I understand and have explained the words, " controversies 
 between States and citizens of another State," is the true 
 sense. The extension of the judiciary power of the United 
 States to such controversies appears to me to be wise 
 because it is honest and because it is useful. It is honest 
 because it provides for doing justice without respect for per 
 sons, and, by securing individual citizens as well as States in 
 their respective rights, performs the promise which every free 
 government makes to every free citizen, of equal justice and 
 protection. It is useful because it is honest; because it 
 leaves not even the most obscure and friendless citizen 
 without means of obtaining justice from a neighboring 
 State ; because it obviates occasions of quarrels between 
 States on account of the claims of their respective citizens ; 
 
370 APPENDIX B. 
 
 because it recognizes, and strongly rests on, this great moral 
 truth, that justice is the same whether due from one man 
 or a million, or from a million to one man ; because it 
 teaches and greatly appreciates the value of our free repub 
 lican national government which places all our citizens on 
 an equal footing, and enables each and every of them to 
 obtain justice without any danger of being overborne by the 
 weight and number of their opponents ; and because it 
 brings into action and enforces this great and glorious 
 principle, that the people are the sovereigns of this country, 
 and consequently that fellow-citizens and joint sovereigns 
 cannot be degraded by appearing with each other in their 
 own courts to have their controversies determined. The 
 people have reason to prize and rejoice in such valuable 
 privileges, and they ought not to forget that nothing but the 
 free course of constitutional law and government can insure 
 the continuance and enjoyment of them\ 
 
 For the reasons before given, I am clearly of opinion, 
 that a State is suable by citizens of another State : but lest 
 I should be understood in a latitude beyond my meaning, I 
 think it necessary to subjoin this caution; viz., that such 
 suability may nevertheless not extend to all the demands 
 and to every kind of action. For instance, I am far from 
 being prepared to say that an individual may sue a State 
 on bills of credit issued before the Constitution was estab 
 lished, and which were issued and received on the faith of 
 the State, and at a time when no ideas or expectations of 
 judicial interposition were entertained or contemplated. 
 
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