We should pay an ill compliment to
the understanding and honor of every true American, were we to adduce many
arguments to shew the baseness or bad policy of violating our national faith, or
omitting to pursue the measures necessary to preserve it. A bankrupt faithless
republic would be a novelty in the political world, and appear among reputable
nations like a common prostitute among chaste and respectable matrons. The pride
of America revolts from the idea: her citizens know for what purposes these
emissions were made, and have repeatedly plighted their faith for the redemption
of them; they are to be found in every man's possession, and every man is
interested in their being redeemed: they must therefore entertain a high opinion
of American credulity, who suppose the people capable of believing, on due
reflection, that all America will, against the faith, the honor and the interest
of all America, be ever prevailed upon to countenance, support or permit so
ruinous, so disgraceful a measure. We are convinced that the efforts and arts of
our enemies will not be wanting to draw us into this humiliating and
contemptible situation. Impelled by malice, and the suggestions of chagrin and
disappointment, at not being able to bend our necks to their yoke, they will
endeavor to force or seduce us to commit this unpardonable sin, in order to
subject us to the punishment due to it, and that we may thenceforth be a
reproach and a bye word among the nations. Apprized of these consequences,
knowing the value of national character, and impressed with a due sense of the
immutable laws of justice and honor, it is impossible that America should think
without horror of such an execrable deed. If then neither our ability or
inclination to discharge the public debt are justly questionable, let our
conduct correspond with tiffs confidence, and let us rescue our credit from its
present imputations. Had the attention of America to this object been unremitted,
had taxes been seasonably imposed and collected, had proper loans been made, had
laws been passed and executed for punishing those who maliciously endeavoured to
injure the public credit; had these and many other things equally necessary
been done, and had our currency, notwithstanding all these efforts, declined to
its present degree of depreciation, our case would indeed have been deplorable.
But as these exertions have not been made, we may yet experience the good
effects which naturally result from them. Our former negligences therefore
should now animate us with hope, and teach us not to despair of removing by
vigilance and application the evils which supineness and inattention have
produced.
It has been already observed, that in
order to prevent the further natural depreciation of our bills, we have resolved
to stop the press, and to call upon you for supplies by loans and taxes. You are
in capacity to afford them, and are bound by the strongest ties to do it. Leave
us not therefore without supplies, nor let in that flood of evils which would
follow from such a neglect. It would be an event most grateful to our enemies,
and depend upon it they will redouble their artifices and industry to compass
it. Be therefore upon your guard, and examine well the policy of every measure
and the evidence of every report that may be proposed or mentioned to you
before you adopt the one or believe the other. Recollect that it is the price of
the liberty, the peace and the safety of yourselves and posterity, that now is
required; that peace, liberty and safety, for the attainment and security of
which, you have so often and so solemnly declared your readiness to sacrifice
your lives and fortunes. The war, though drawing fast to a successful issue,
still rages. Disdain to leave the whole business of your defence to your ally.
Be mindful that the brightest prospects may be clouded, and that prudence bids
us be prepared for every event. Provide, therefore, for continuing your armies
in the field till victory and peace shall lead them home, and avoid the reproach
of permitting the currency to depreciate in your hands, when by yielding a part
to taxes and loans, the whole might have been appreciated and preserved.
Humanity as well as justice makes this demand upon you, the complaints of
ruined widows, and the cries of fatherless children, whose whole support has
been placed in your hands and melted away, have doubtless reached you: take care
that they ascend no higher. Rouse, therefore, strive who shall do most for his
country; re-kindle that flame of patriotism which at the mention of disgrace and
slavery blazed throughout America, and animated all her citizens. Determine to
finish the contest as you began it, honestly and gloriously. Let it never be
said that America had no sooner become independent than she became insolvent, or
that her infant glories and growing fame were obscured and tarnished by broken
contracts and violated faith, in the very hour when all the nations of the earth
were admiring and almost adoring the splendor of her rising.
By the unanimous
order of Congress, John Jay,
President.
Philadelphia, September 13th, 1779
With this letter John Jay presidency
neared its end and his efforts turned to establishing a treaty with Spain. The
Journals of the Continental Congress of Jay's Presidency are summarized as
follows:
1778 - December 10
Elects John Jay president of Congress; endorses Gerard's proposal for
encouraging privateering. December 14
Resolves to emit additional $10,000,000 in Continental currency. December 16 Resolves to contract the supply
of Continental currency, to accept presidential expenses as a public charge and
to ask the states to raise $15,000,000 in taxes; confirms General Arthur St.
Clair's court martial acquittal. December 18 Directs Washington to attend
Congress in keeping with his suggestion for "a personal conference." December 22 Hears Silas Deane "read his
written information" concerning his agency in Europe. December 23 Continues Silas Deane hearing;
continues hearing into McKean-Thompson dispute. December 24 Receives General
Washington; continues hearing into McKean-Thompson dispute; accepts General
Thompson's "apology. " December 25
Observes Christmas. December 26Adopts
loan office regulations for exchanging Continental bills. December 29Adopts Gerard's proposal for
protecting American grown masts; appoints three additional Continental
Brigadiers. December 31 Continues Silas
Deane hearing; adopts additional fiscal resolves. January 1
1779 – January 1
Defers planned Franco-American attack on Canada.
January 2 Adopts additional fiscal resolves to curb depreciation. January 5 Receives Gerard's protest against
Thomas Paine's published letters concealing supplies from France. January 6 Conducts inquiry into Gerard's
charges against Thomas Paine. January 7
Adopts Gerard's charges against Thomas Paine; dismisses Paine from his position
as Secretary to the Committee for Foreign Affairs.
January 8 Receives Henry Laurens' admission that he had informed
Thomas Paine of Congress' confidential proceedings against him. January 9 Orders Henry Laurens to submit
written statement of his "suspicion of fraudulent proceedings" by Robert Morris.
January 11 Receives Henry Laurens'
charges against Robert Morris. January 12
Disavows charges published by Thomas Paine concerning supplies received from
France. January 14 Resolves to reassure
France that the United States "will not conclude either truce or peace . . .
with out [her] formal consent." January 15
Receives Francis Lewis' statement on Henry Laurens' charges against Robert
Morris. January 19 Hears Henry Laurens'
explanation concerning his charges against Robert Morris. January 20 Appoints committee to conduct
foreign affairs inquiry. January 21 Appoints committee to "examine into
principles of the powers of the . . . Committee on Appeals" and the refusal of
Pennsylvania to honor the committee's decree in the case of the Active. January 22 Resolves to request Virginia,
North Carolina and the Comte d'Estaing to provide assistance for Georgia and
South Carolina. January 23 Adopts
resolves to improve recruitment of Continental troops and to augment the
authority of the commander in chief. January 26
Appoints committee to investigate Pennsylvania's charges against General
Benedict Arnold, Continental Commander of Philadelphia. January 28 Debates Gerard's contention that
Congress should compensate France for aid rendered by d'Estaing to the southern
states, in accordance with article four of the Treaty of Alliance. January 30 Approves General Washington's
request for leave to return to camp.
February 1
Debates Pennsylvania complaint against Matthew Clarkson. February 2 Orders reinforcements for South
Carolina and Georgia. February 3 Confers with Gerard on supplying French fleet;
resolves to emit additional $5 million in Continental currency; resolves to
borrow $20 million in loan office certificates.
February 5 Resolves to request French aid for South Carolina defense.
February 8 Recommends embargo exemptions
for relief of Rhode Island and Massachusetts; withdraws request for French aid
for South Carolina; discourages French request for provisions for Martinique. February 9 Recommends relief for owners of
Portuguese vessel illegally seized by American privateer; augments treasury
staff to speed settlement of army accounts. February
11 Exonerates Robert Morris of accusations made by Henry Laurens. February 15 Meets with Gerard on Spanish
offer to mediate peace and need to formulate American negotiating demands. February 16 Orders inquiry into
Pennsylvania's charges against Benedict Arnold.
February 18 Reorganizes Inspector General's Department and Ordnance
Department. February 19 Resolves to emit
additional $5 million in Continental currency.
February 22 Receives William Lee's proposal for a commercial treaty
with the United Provinces; Delaware ratifies Articles of Confederation. February 23 Debates negotiating instructions
should Spain arrange peace talks with Great Britain. February 25 Accepts resignation of Major
General Thomas Mifflin; augments defense of the northern frontiers.
February 26 Authorizes embargo exemptions for the relief of Rhode
Island and Massachusetts.
March 1
Debates peace terms (boundaries). March 4 Debates peace terms (boundaries). March 5 Authorizes Washington to negotiate a
cartel for a general exchange of prisoners. March 6
Adopts Declaration on Continental Authority over Admiralty Appeals.
March 9 Urges states to accelerate
recruitment and revises bounty provisions. March 10
Debates peace terms (boundaries). March 11 Debates peace terms (status of Nova
Scotia); creates corps of engineers. March 15 Debates peace terms (boundaries).
March 16 Debates peace terms
(boundaries); authorizes reorganization of the corps of waggoners. March 17 Debates peace terms (boundaries).
March 19 Adopts peace terms concerning
boundaries. March 20 Adopts Fast Day
proclamation. March 22 Debates peace
terms (fisheries). March 23 Reorganizes
clothing department. March 24 Reprimands
Matthew Clarkson for affronts to the civil authorities of Pennsylvania; debates
peace terms (fisheries and navigation of the Mississippi). March 27 Resolves to report the yeas and
nays in the published journals. March 29 Adopts measures for the defense of
South Carolina and Georgia. March 30 Debates peace terms (fisheries). March 31 Resolves to publish the journals of
Congress weekly.
April 1
Endorses New York’s plan for reprisals against the Seneca Indians; resolves to
emit additional $5 million in Continental currency.
April 2 Adjourns for Good Friday. April 3
Adopts resolutions for restoring harmony with Pennsylvania officials incensed
over Congressional response to their prosecution of Benedict Arnold. April 6 Opens debate on the recall of
American commissioners abroad. April 7
Adopts plan to encourage rebellion in Nova Scotia; debates recall of American
commissioners abroad. April 8 Authorizes
prisoner exchange in the southern department. April
9 Debates recall of American commissioners abroad. April 13 Endorses plan for creation of a
corps of French volunteers in South Carolina. April
14 Reaffirms authority of state officials to issue safe conduct
passes. April 15 Debates recall of
American commissioners abroad. April 19
Accepts resignation of Major General Philip Schuyler; authorizes additional
brigade for Rhode Island defense. April 20
Debates recall of American commissioners abroad.
April 21 Debates recall of American commissioners abroad. April 22 Rejects motion to recall Benjamin
Franklin. April 26 Debates recall of
American commissioners abroad. April 27
Appropriates 2,000 guineas in specie for Washington's secret service. April 30 Debates recall of Arthur Lee.
May 1 Debates recall of Arthur Lee. May 3 Rejects motion to recall Arthur Lee
(tie vote). May 4 Appoints committee to
meet with Delaware Native American delegation. May 5
Resolves to emit additional $10 million in Continental currency. May 6 Observes day of fast. May 7 Denies Bermuda petition for provisions
embargo exemption; orders Virginia and North Carolina reinforcements to South
Carolina. May 8 Debates peace terms
(fisheries). May 10 Authorizes Washington
to concert combined Franco American operations. May
11 Appoints General Duportail commandant of the corps of engineers.
May 12 Debates peace terms (fisheries).
May 13 Debates peace terms (fisheries).
May 14 Meriwether Smith charges Henry
Laurens with injuring the honor of Congress. May 15
Henry Laurens denounces attack by Meriwether Smith.
May 17 Directs Native American affairs commissioners (northern
department) to consult with Washington on all Native American treaty
negotiations. May 18 Authorizes embargo
exemption for provisions for Bermuda. May 19
Increases states' 1779 quotas an additional $45 million. May 20 Receives Virginia proposal for
ratifying Articles of Confederation by less than unanimous consent; debates
recall of Ralph Izard. May 21 Receives
Maryland delegate instructions on Articles of Confederation; receives
Connecticut delegate instructions on ratifying confederation without the state
of Maryland. May 24 Debates Deane-Lee
controversy; authorizes retaliation for cruelties committed by British forces
against French subjects in Virginia. May 25-26
Confers (by committee) with Delaware Native American delegation. May 26 Allows Pennsylvania President Reed to
address Congress on American fiscal crisis; adopts address to the inhabitants of
America on meeting finance and manpower quotas. May
27 Debates peace terms (fisheries). May
29 Debates New York proposals for settlement of Vermont issue.
June 1
Resolves to send a committee to Vermont. June 3
Debates peace terms (fisheries). June 4
Resolves to emit additional $10 million. June 5
Adopts plan to fund Beaumarchais' claims. June 7
Adopts vote of confidence in quartermaster and commissary generals (refuses to
accept Commissary Jeremiah Wadsworth's resignation); appoints committee to
consider powers of foreign consuls. June 8 Recalls
Ralph Izard and William Lee, American commissioners abroad.
June 10 Debates Arthur Lee's recall.
June 11 Resolves to borrow $20 million domestically
at 6 percent interest. June 12 Exonerates Dr. John
Morgan. June 14 Debates price regulation proposals.
June 15 Directs Washington to investigate charges
against Dr. William Shippen, Jr.; prepares request for supplies from king of
France. June 16 Denounces seizure of New York
officials by inhabitants of the New Hampshire Grants. June
17 Debates peace terms; reaffirms French alliance provisions prohibiting
negotiation of separate peace. June 19 Debates
peace terms (fisheries). June 21 Reverses plan to
enlist German deserters; de bates financial reform. June
23 Debates financial reform. June 24 Debates
peace terms (fisheries). June 25 Debates financial
reform. June 28 Rejects quartermaster appeal for
relief from state taxes.
July 1
Debates peace terms (fisheries). July 2 Sets procedures for
exchanging withdrawn emissions of Continental currency. July 6 Approves export
of provisions for French fleet; debates peace terms (fisheries). July 7 Debates
financial reform. July 9 Orders investigation of commissary and quartermaster
purchasing practices. July 12 Confers with French Minister Gerard; receives
report from two members of Vermont Committee. July 13 Receives report from other
two members of Vermont Committee. July 14 Debates substance of conference with
French minister. July 15 Orders retaliation for British mistreatment of naval
prisoners. July 16 Receives Arthur Lee's response to charges by Silas Deane.
July 17 Resolves to emit additional $15 million; threatens retaliation for
British mistreatment of Captain Gustavus Conyngham; debates peace terms
(fisheries). July 19 Directs Marine Committee to prepare plan of retaliation for
recent raids on Connecticut. July 21 Recommends compensation for Portuguese
vessel illegally seized by American privateer. July 22 Debates peace terms
(fisheries). July 23 Adopts plan for the protection of Continental property
within the states. July 24 Debates peace terms (fisheries). July 26 Commends
victors for capture of British post at Stony Point. July 27 Orders Virginia
reinforcements to South Carolina. July 28 Debates financial reform. July 29
Debates peace terms (fisheries). July 30 Adopts ordinance for reorganizing the
treasury. July 31 Debates peace terms (fisheries).
August 2
Exonerates Jean Holker on charges of profiteering and reaffirms Continental
protection for French consuls and other officials. August 3 Debates peace terms
(French alliance provision against separate peace). August 5 Debates peace terms
(re. Spanish subsidy, Florida and navigation of the Mississippi). August 6
Authorizes payment of Silas Deane's expenses and releases him from obligation to
remain in America. August 7 Debates peace terms (re. Spanish interests in North
America). August 10 Requests North Carolina reinforcements for South Carolina.
August 13 Debates instructions for minister plenipotentiary to negotiate peace.
August 14 Debates instructions for minister plenipotentiary to negotiate peace.
August 17 Urges states to provide half pay for Continental officers. August 18
Augments pay and allowances for Continental officers. August 21 Requests states
to extend provisions embargo to January 1, 1780. August 25 Urges states to lift
restrictions on interstate inland trade. August 26 Appoints committee for
creating a supreme court for admiralty appeals. August 28 Debates financial
reform. August 31 Receives Henry Laurens' complaint against Secretary Thomson
for disrespectful behavior.
September 1
Resolves that "on no account whatever" will Congress emit more than $200 million
Continental currency. September 3 Receives notice that Minister Gerard will
return to France. September 4 Observes death of William Henry Drayton. September
7 Receives notification of Spanish entry into the war against Britain; adopts
farewell response to Gerard. September 9 Adopts letter of thanks to king of
France; debates terms of prospective alliance with Spain. September 10 Issues
appeal to states for clothing; debates relations with Spain. September 11
Debates relations with Spain. September 14 Reads memorials of Indiana and
Vandalia land companies. September 16 Debates ways and means proposals.
September 17 Conducts farewell audience for Gerard; resolves to emit additional
$15 million; debates relations with Spain; debates ways and means proposals.
September 18 Debates relations with Spain. September 20 Orders military and
naval reinforcements for southern department; debates relations with Spain.
September 21 Debates ways and means proposals. September 22 Debates New
Hampshire Grants claims. September 23 Debates New Hampshire Grants claims, de
bates relations with Spain. September 24 Requests authorization from
Massachusetts, New Hampshire and New York to mediate New Hampshire Grants
claims; commends victors for attack on Paulus Hook; debates relations with
Spain. September 25 Debates relations with Spain and conduct of peace
negotiations. September 26 Nominates minister plenipotentiary to negotiate
treaties of peace and of alliance with Spain. September 27 Elects John Jay
Minister to Spain and John Adams to negotiate peace.
Revolutionary War autograph
letter signed dated Philadelphia April 2nd, 1779 as President of Congress to
Major General Benjamin Lincoln. In this letter of recommendation Jay
acknowledges he is not personally acquainted with Clarkson but is "so well
informed" of his character ".. as to believe you will always be happy in
leading a young soldier to glory, and to afford him that countenance and
protection which a brave and generous youth seldom fails to invite". He adds
that he will be obligated to Lincoln "by becoming his friend as well as his
general". Under General Lincoln, Clarkson participated in the siege of
Savannah, and in the defense of Charleston he served as a major of infantry.
He became a prisoner at Charleston's surrender to the British. In 1781 as a
prisoner exchange he returned to his place as aide to General Lincoln, and
was with him at the reduction of Yorktown. Notice unlike the 1777 Hancock
orders to St. Clair he doesn't use his title. found this to quite common in
the letters of the Presidents in correspondence of "requests" to the
Generals. -Courtesy of
the Author
On 27 September 1778, Jay resigned
his office as President and was appointed Minister to Spain. He was later
appointed as one of the commissioners to negotiate a peace treaty with Great
Britain. He sailed with Mrs. Jay, on 20 October, in the American frigate
"Confederacy," which, disabled by a storm, put into Martinico. From there
they proceeded in the French frigate "Aurora,"
which brought them to
Cadiz, 22 January 1780. Jay, while received with personal courtesy, found no
disposition to recognize American independence; Congress added to the
embarrassing position of the minister at a reluctant court by drawing bills upon
him for half a million dollars, assuming that he would have obtained a subsidy
from Spain before they should have become due. Jay accepted the bills, some of
which were afterward protested. The Spanish court advanced money for only a few
of them and the rest were later paid with money borrowed by Benjamin Franklin
from France.
While in Spain, Jay was added by
Congress to the peace commissioners, headed by John Adams, and at the request of
Benjamin Franklin, on 23 June 1782, went to Paris, where Franklin was alone. The
position of the two commissioners was complicated by the fact that Congress,
under the persistent urgency of Luzerne, the French minister at Philadelphia,
had materially modified the instructions originally given to Mr. Adams. On 15
June, 1781, Congress instructed its commissioners
" to make the most candid and
confidential communications upon all subjects to the ministers of our generous
ally, the king of France; to undertake nothing in their negotiations for peace
and truce without their knowledge and concurrence, and ultimately to govern
yourselves by their advice and opinion."
Two arguments were used in support of
this instruction: First, the king was explicitly pledged by his minister to
support the United States "in all points relating to their prosperity", and
second, that "nothing" would be yielded by Great Britain which was not
extorted by the address of France. "An interesting memoir " in the French
archives, among the papers under the head of "Angleterre," shows that the
interests of France required that the ambition of the American colonies
"should be checked and held down to fixed limits through the union of the three
nations," England, France and Spain. Before the arrival of Jay, Franklin had
an informal conversation, first with Grenville, and then with Mr. Oswald, who
had been sent by the cabinet of Rockingham. On 6 August, Oswald presented Jay
and Franklin with a commission prescribing the terms of the Enabling Act, and
authorizing him
"to treat with the colonies and
with any or either of them, and any part of them, and with any description of
men in them, and with any person whatsoever, of and concerning peace," etc.
This document led to a new
complication in the American commission by developing a material difference of
opinion between Jay and Franklin.
When the commission was submitted to Vergennes, he held that it was sufficient,
and advised Fitzherbert to that effect. Franklin believed it "would do."
Jay declined to treat under the description of "colonies" refusing
anything other than an equal footing in the negotiations. Oswald adopted Jay's
view, but the British cabinet did not. Jay's refusal to proceed soon stayed the
peace negotiations of the other powers, which Vergennes arranged should proceed
together, each nation bargaining for itself.
During Jay's residence in Spain he
had learned much of the aims and methods of the Bourbon policy. He learned of
this through a memoir submitted to him by Rayneval, as his "personal views"
against our right to the boundaries. He also discovered in an intercepted
letter of Marbois, secretary of legation at Philadelphia, a French position
against our claim to the fisheries. The secretive departure for England of
Rayneval, the most skilful and trusted agent of Vergennes, convinced him that
one object of Rayneval's mission was to prejudice Shelburne against the American
claims. As a prudent counter-move to this secret mission, Jay promptly
dispatched Benjamin Vaughan, an intimate friend and agent of Shelburne, to
counteract Rayneval's adverse influence on American interests. This was done
without consultation with Franklin, who did not concur with Jay regarding to
Rayneval's journey. Franklin retained his confidence in the French court and was
embarrassed and constrained by his instructions. It appears from
"Shelburne's" Life" that Rayneval, in his interview with Shelburne and
Grantham, after discussing other questions, proceeded to speak about America;
and
"here Rayneval played into the hands
of the English ministers, expressing a strong opinion against the American
claims to the fisheries and the valleys of the Mississippi and the Ohio";
Vaughan arrived almost
simultaneously, bringing Jay’s "considerations" prepared enforcing these
points:
1. That, as
Britain could not conquer the United States, it was for he interest to
conciliate;
2. That the United
States would not treat except on an equal footing;
3. That it was the
interest of France, but not of England, to postpone the acknowledgment of
independence to a general peace;
4. That a hope of
dividing the fisheries with France would be futile, as America would not make
peace without them;
5. That any
attempt to deprive the United States of the navigation of the Mississippi, or of
that river as a boundary, would irritate America;
6. That such an
attempt, if successful, would sow the seeds of war in the very treaty of peace.
The disclosure of the grave
difference between the Americans and their allies on the terms of peace, with
the opportunity it afforded to England, consistent with the pride, interest, and
justice of Great Britain and with the national jealousy of France, seems to have
come to the cabinet with the force of a revelation. Its effect upon their policy
was instantaneous and complete. A new commission in the form drafted by Jay,
authorizing Oswald to treat with " the United States" el America, was at
once ordered, and Lord Shelburne wrote to Oswald that they had said and done
"everything which had been desired," and that they had put the greatest
confidence ever placed in man in the American commissioners. Vaughan returned
"joyfully" with the new commission on September 27th, and on October 5th Jay
handed to Oswald the plan of a treaty including the clauses relating to
independence, the boundaries and the fisheries. Oswald, in enclosing the plan to
his government, wrote: "I look upon the treaty as now closed."
While the great success of the
English at Gibraltar determined the ministry to resist the demands of France and
Spain, it also induced them to attempt some modification of the concessions to
the States, even though they had been made by Oswald with the approval of the
cabinet. Strachey and Fitzherbert were therefore ordered to assist Oswald, and
on 25 October John Adams arrived from Holland, where he had just successfully
negotiated a treaty. He expressed to Franklin his entire approval of Jay's views
and action, and at their next meeting with Oswald, Franklin said to Jay "I am
of your opinion, and will go on with these gentlemen without consulting the
court". In writing to Livingston, Jay spoke of their perfect unanimity and
specially acknowledged Mr. Adams's services on the eastern boundaries and
Franklin's on the subject of the Tories. The provisional articles to take effect
on a peace between France and England were signed 30 November 1782. When
communicated to Vergennes, he wrote to Rayneval in England that the concessions
of the English exceeded all that he had believed possible; Rayneval replied:
"The treaty seems to me like a dream." A new loan from France to America
marked the continuance of their good understanding, Hamilton wrote to Jay that
the terms of the treaty exceeded the anticipations of the most sanguine. John
Jay was truly the sage who produced an exemplary the Treaty of Paris.
The violation of the instructions of
Congress displeased a part of that body. Mr. Madison, who voted for the
instruction, wrote: "In this business Jay has taken the lead, and proceeded
to a length of which you can form little idea. Adams has followed with cordiality.
Franklin has been dragged into it." By contrast, Mr. Sparks, in his
"Life of Franklin,"
contends that the
violation of their instructions by the American commissioners in concluding and
signing their treaty without the concurrence of the French government was
"unjustifiable." By some error still unexplained, He represented the
correspondence of Vergennes in the French archives as disproving the suspicions,
which it authoritatively confirms. A map of North America, given in the "Life
of Shelburne," showing "the boundaries of the United States, Canada, and
the Spanish possessions, according to the proposals of the court of France,"
shows that obedience by the American commissioners to the instruction to govern
themselves by the opinion of Vergennes, would have shut out the United States
from the Mississippi and the Gulf, and would have deprived them of nearly the
whole of the states of Alabama and Mississippi, the greater part of Kentucky and
Tennessee, the whole of Ohio, Michigan, Indiana, Illinois, Wisconsin and part of
Minnesota, and the navigation of the Mississippi.
The definitive
treaty was a simple embodiment of the provisional articles, for nothing more
could be procured from the cabinet of Fox and North, so it was signed 3
September, 1783. Jay returned to New York in July, 1784, as he was elected by
congress as the Secretary for Foreign Affairs. During this period the United
States in Congress Assemble stripped many key duties of the President empowering
them to committees, judges and secretaries. The Secretary for Foreign Affairs
became the most important and powerful appointment under the Articles of
Confederation and Jay held the post until the establishment of the 2nd
Constitutional government in 1789.
Jay's passion for
foreign affairs is evident in his correspondence with Washington and Jefferson.
Upon the formation of the National constitution John Jay joined Alexander
Hamilton and James Madison in contributing to the "Federalist," and
published an address to the inhabitants of New York in favor of the
constitution. John Jay was an active member of the New York convention, which,
after a long struggle, adopted the constitution "in full confidence" that
certain amendments would be adopted. Jay was appointed by the N.Y.
Delegates to write the circular letter that secured the unanimous assent of the
convention for the 2nd U.S. Constitution.
Jay wrote 5 Federalist papers in support of the 2nd
Constituion, four on foreign affaris and one on the powers of the U.S. Senate
signing the works Publicus. His essay on the The Powers of the Senate
appeared in the New York Packet on Friday, March 7, 1788:
To the People of the State of New York:
IT IS a just and not a new observation, that enemies to particular
persons, and opponents to particular measures, seldom confine their censures
to such things only in either as are worthy of blame. Unless on this
principle, it is difficult to explain the motives of their conduct, who
condemn the proposed Constitution in the aggregate, and treat with severity
some of the most unexceptionable articles in it.
The second section gives power to the President, "BY AND WITH THE ADVICE
AND CONSENT OF THE SENATE, TO MAKE TREATIES, PROVIDED TWO THIRDS OF THE
SENATORS PRESENT CONCUR.''
The power of making treaties is an important one, especially as it
relates to war, peace, and commerce; and it should not be delegated but in
such a mode, and with such precautions, as will afford the highest security
that it will be exercised by men the best qualified for the purpose, and in
the manner most conducive to the public good. The convention appears to have
been attentive to both these points: they have directed the President to be
chosen by select bodies of electors, to be deputed by the people for that
express purpose; and they have committed the appointment of senators to the
State legislatures. This mode has, in such cases, vastly the advantage of
elections by the people in their collective capacity, where the activity of
party zeal, taking the advantage of the supineness, the ignorance, and the
hopes and fears of the unwary and interested, often places men in office by
the votes of a small proportion of the electors.
As the select assemblies for choosing the President, as well as the
State legislatures who appoint the senators, will in general be composed of
the most enlightened and respectable citizens, there is reason to presume that
their attention and their votes will be directed to those men only who have
become the most distinguished by their abilities and virtue, and in whom the
people perceive just grounds for confidence. The Constitution manifests very
particular attention to this object. By excluding men under thirty-five from
the first office, and those under thirty from the second, it confines the
electors to men of whom the people have had time to form a judgment, and with
respect to whom they will not be liable to be deceived by those brilliant
appearances of genius and patriotism, which, like transient meteors, sometimes
mislead as well as dazzle. If the observation be well founded, that wise kings
will always be served by able ministers, it is fair to argue, that as an
assembly of select electors possess, in a greater degree than kings, the means
of extensive and accurate information relative to men and characters, so will
their appointments bear at least equal marks of discretion and discernment.
The inference which naturally results from these considerations is this, that
the President and senators so chosen will always be of the number of those who
best understand our national interests, whether considered in relation to the
several States or to foreign nations, who are best able to promote those
interests, and whose reputation for integrity inspires and merits confidence.
With such men the power of making treaties may be safely lodged.
Although the absolute necessity of system, in the conduct of any
business, is universally known and acknowledged, yet the high importance of it
in national affairs has not yet become sufficiently impressed on the public
mind. They who wish to commit the power under consideration to a popular
assembly, composed of members constantly coming and going in quick succession,
seem not to recollect that such a body must necessarily be inadequate to the
attainment of those great objects, which require to be steadily contemplated
in all their relations and circumstances, and which can only be approached and
achieved by measures which not only talents, but also exact information, and
often much time, are necessary to concert and to execute. It was wise,
therefore, in the convention to provide, not only that the power of making
treaties should be committed to able and honest men, but also that they should
continue in place a sufficient time to become perfectly acquainted with our
national concerns, and to form and introduce a a system for the management of
them. The duration prescribed is such as will give them an opportunity of
greatly extending their political information, and of rendering their
accumulating experience more and more beneficial to their country. Nor has the
convention discovered less prudence in providing for the frequent elections of
senators in such a way as to obviate the inconvenience of periodically
transferring those great affairs entirely to new men; for by leaving a
considerable residue of the old ones in place, uniformity and order, as well
as a constant succession of official information will be preserved.
There are a few who will not admit that the affairs of trade and
navigation should be regulated by a system cautiously formed and steadily
pursued; and that both our treaties and our laws should correspond with and be
made to promote it. It is of much consequence that this correspondence and
conformity be carefully maintained; and they who assent to the truth of this
position will see and confess that it is well provided for by making
concurrence of the Senate necessary both to treaties and to laws.
It seldom happens in the negotiation of treaties, of whatever nature,
but that perfect SECRECY and immediate DESPATCH are sometimes requisite. These
are cases where the most useful intelligence may be obtained, if the persons
possessing it can be relieved from apprehensions of discovery. Those
apprehensions will operate on those persons whether they are actuated by
mercenary or friendly motives; and there doubtless are many of both
descriptions, who would rely on the secrecy of the President, but who would
not confide in that of the Senate, and still less in that of a large popular
Assembly. The convention have done well, therefore, in so disposing of the
power of making treaties, that although the President must, in forming them,
act by the advice and consent of the Senate, yet he will be able to manage the
business of intelligence in such a manner as prudence may suggest.
They who have turned their attention to the affairs of men, must have
perceived that there are tides in them; tides very irregular in their
duration, strength, and direction, and seldom found to run twice exactly in
the same manner or measure. To discern and to profit by these tides in
national affairs is the business of those who preside over them; and they who
have had much experience on this head inform us, that there frequently are
occasions when days, nay, even when hours, are precious. The loss of a battle,
the death of a prince, the removal of a minister, or other circumstances
intervening to change the present posture and aspect of affairs, may turn the
most favorable tide into a course opposite to our wishes. As in the field, so
in the cabinet, there are moments to be seized as they pass, and they who
preside in either should be left in capacity to improve them. So often and so
essentially have we heretofore suffered from the want of secrecy and despatch,
that the Constitution would have been inexcusably defective, if no attention
had been paid to those objects. Those matters which in negotiations usually
require the most secrecy and the most despatch, are those preparatory and
auxiliary measures which are not otherwise important in a national view, than
as they tend to facilitate the attainment of the objects of the negotiation.
For these, the President will find no difficulty to provide; and should any
circumstance occur which requires the advice and consent of the Senate, he may
at any time convene them. Thus we see that the Constitution provides that our
negotiations for treaties shall have every advantage which can be derived from
talents, information, integrity, and deliberate investigations, on the one
hand, and from secrecy and despatch on the other.
But to this plan, as to most others that have ever appeared, objections
are contrived and urged.
Some are displeased with it, not on account of any errors or defects in
it, but because, as the treaties, when made, are to have the force of laws,
they should be made only by men invested with legislative authority. These
gentlemen seem not to consider that the judgments of our courts, and the
commissions constitutionally given by our governor, are as valid and as
binding on all persons whom they concern, as the laws passed by our
legislature. All constitutional acts of power, whether in the executive or in
the judicial department, have as much legal validity and obligation as if they
proceeded from the legislature; and therefore, whatever name be given to the
power of making treaties, or however obligatory they may be when made, certain
it is, that the people may, with much propriety, commit the power to a
distinct body from the legislature, the executive, or the judicial. It surely
does not follow, that because they have given the power of making laws to the
legislature, that therefore they should likewise give them the power to do
every other act of sovereignty by which the citizens are to be bound and
affected.
Others, though content that treaties should be made in the mode
proposed, are averse to their being the SUPREME laws of the land. They insist,
and profess to believe, that treaties like acts of assembly, should be
repealable at pleasure. This idea seems to be new and peculiar to this
country, but new errors, as well as new truths, often appear. These gentlemen
would do well to reflect that a treaty is only another name for a bargain, and
that it would be impossible to find a nation who would make any bargain with
us, which should be binding on them ABSOLUTELY, but on us only so long and so
far as we may think proper to be bound by it. They who make laws may, without
doubt, amend or repeal them; and it will not be disputed that they who make
treaties may alter or cancel them; but still let us not forget that treaties
are made, not by only one of the contracting parties, but by both; and
consequently, that as the consent of both was essential to their formation at
first, so must it ever afterwards be to alter or cancel them. The proposed
Constitution, therefore, has not in the least extended the obligation of
treaties. They are just as binding, and just as far beyond the lawful reach of
legislative acts now, as they will be at any future period, or under any form
of government.
However useful jealousy may be in republics, yet when like bile in the
natural, it abounds too much in the body politic, the eyes of both become very
liable to be deceived by the delusive appearances which that malady casts on
surrounding objects. From this cause, probably, proceed the fears and
apprehensions of some, that the President and Senate may make treaties without
an equal eye to the interests of all the States. Others suspect that two
thirds will oppress the remaining third, and ask whether those gentlemen are
made sufficiently responsible for their conduct; whether, if they act
corruptly, they can be punished; and if they make disadvantageous treaties,
how are we to get rid of those treaties?
As all the States are equally represented in the Senate, and by men the
most able and the most willing to promote the interests of their constituents,
they will all have an equal degree of influence in that body, especially while
they continue to be careful in appointing proper persons, and to insist on
their punctual attendance. In proportion as the United States assume a
national form and a national character, so will the good of the whole be more
and more an object of attention, and the government must be a weak one indeed,
if it should forget that the good of the whole can only be promoted by
advancing the good of each of the parts or members which compose the whole. It
will not be in the power of the President and Senate to make any treaties by
which they and their families and estates will not be equally bound and
affected with the rest of the community; and, having no private interests
distinct from that of the nation, they will be under no temptations to neglect
the latter.
As to corruption, the case is not supposable. He must either have been
very unfortunate in his intercourse with the world, or possess a heart very
susceptible of such impressions, who can think it probable that the President
and two thirds of the Senate will ever be capable of such unworthy conduct.
The idea is too gross and too invidious to be entertained. But in such a case,
if it should ever happen, the treaty so obtained from us would, like all other
fraudulent contracts, be null and void by the law of nations.
With respect to their responsibility, it is difficult to conceive how it
could be increased. Every consideration that can influence the human mind,
such as honor, oaths, reputations, conscience, the love of country, and family
affections and attachments, afford security for their fidelity. In short, as
the Constitution has taken the utmost care that they shall be men of talents
and integrity, we have reason to be persuaded that the treaties they make will
be as advantageous as, all circumstances considered, could be made; and so far
as the fear of punishment and disgrace can operate, that motive to good
behavior is amply afforded by the article on the subject of impeachments.
Please join us in our mission to incorporate The Congressional Evolution of the United States of America discovery-based curriculum into the classroom of every primary and secondary school in the United States of America by July 2, 2026, the nation’s 250th birthday. , the United States of America: We The
People. Click Here
