The Life of John Marshall (Volume 2 of 4). Beveridge Albert Jeremiah

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he ever had been before. Indeed, the result of the President's policy, and Marshall's activity in support of it, was to become one of the important stepping-stones in the latter's career.

      Chief Justice Jay was selected for the infinitely delicate task of negotiation. Even the news of such a plan was received with stinging criticism. What! Kiss the hand that smote us! It was "a degrading insult to the American people; a pusillanimous surrender of their honor; and an insidious injury to France."318 And our envoy to carry out this shameful programme! – was it not that same Jay who once tried to barter away the Mississippi?319

      It was bad enough to turn our backs on France; but to treat with the British Government was infamous. So spoke the voice of the people. The democratic societies were especially virulent; "Let us unite with France and stand or fall together"320 was their heroic sentiment. But abhorrence of the mission did not blind the Republicans to the advantages of political craft. While the negotiations were in progress they said that, after all, everything would be gained that America desired, knowing that they could say afterward, as they did and with just cause, that everything had been lost.321

      At last Jay secured from Great Britain the famous treaty that bears his name. It is perhaps the most humiliating compact into which America ever entered. He was expected to secure the restriction of contraband – it was enlarged; payment for the slaves – it was refused; recognition of the principle that "free ships make free goods" – it was denied; equality with France as to belligerent rights – it was not granted; opening of the West Indian trade – it was conceded upon hard and unjust conditions; payment for British spoliation of American commerce – it was promised at some future time, but even then only on the award of a commission; immediate surrender of the posts – their evacuation was agreed to, but not until a year and a half after the treaty was signed.

      On the other hand, the British secured from us free navigation and trading rights on the Mississippi – never contemplated; agreement that the United States would pay all debts due from American citizens to British creditors – a claim never admitted hitherto; prohibition of any future sequestration of British debts; freedom of all American ports to British vessels, with a pledge to lay no further restrictions on British commerce – never before proposed; liberty of Indians and British subjects to pass our frontiers, trade on our soil, retain lands occupied without becoming American citizens, but privileged to become such at pleasure – an odious provision, which, formerly, had never occurred to anybody.

      Thus, by the Treaty of 1794, we yielded everything and gained little not already ours. But we secured peace; we were saved from war. That supreme end was worth the sacrifice and that, alone, justified it. It more than demonstrated the wisdom of the Jay Treaty.

      While the Senate was considering the bitter terms which Great Britain, with unsheathed sword, had forced upon us, Senator Stephen T. Mason of Virginia, in violation of the Senate rules, gave a copy of the treaty to the press.322 Instantly the whole land shook with a tornado of passionate protest.323 From one end of the country to the other, public meetings were held. Boston led off.324 Washington was smothered with violent petitions that poured in upon him from every quarter praying, demanding, that he withhold his assent.325 As in the struggle for the Constitution and in the violent attacks on Neutrality, so now the strongest advocates of the Jay Treaty were the commercial interests. "The common opinion among men of business of all descriptions is," declares Hamilton, "that a disagreement would greatly shock and stagnate pecuniary plans and operations in general."326

      The printing presses belched pamphlets and lampoons, scurrilous, inflammatory, even indecent. An example of these was a Boston screed. This classic of vituperation, connecting the treaty with the financial measures of Washington's Administration, represented the Federalist leaders as servants of the Devil; Independence, after the death of his first wife, Virtue, married a foul creature, Vice, and finally himself expired in convulsions, leaving Speculation, Bribery, and Corruption as the base offspring of his second marriage.327

      Everywhere Jay was burned in effigy. Hamilton was stoned in New York when he tried to speak to the mob; and with the blood pouring down his face went, with the few who were willing to listen to him, to the safety of a hall.328 Even Washington's granite resolution was shaken. Only once in our history have the American people so scourged a great public servant.329 He was no statesman, raged the Republicans; everybody knew that he had been a failure as a soldier, they said; and now, having trampled on the Constitution and betrayed America, let him be impeached, screamed the infuriated opposition.330 Seldom has any measure of our Government awakened such convulsions of popular feeling as did the Jay Treaty, which, surrendering our righteous and immediate demands, yet saved our future. Marshall, watching it all, prepared to defend the popularly abhorred compact; and thus he was to become its leading defender in the South.

      When, finally, Washington reluctantly approved its ratification by the Senate,331 many of his friends deserted him.332 "The trouble and perplexities … have worn away my mind," wrote the abused and distracted President.333 Mercer County, Kentucky, denounced Senator Humphrey Marshall for voting for ratification and demanded a constitutional amendment empowering State Legislatures to recall Senators at will.334 The Legislature of Virginia actually passed a resolution for an amendment of the National Constitution to make the House of Representatives a part of the treaty-making power.335 The Lexington, Kentucky, resolutions branded the treaty as "shameful to the American name."336 It was reported that at a dinner in Virginia this toast was drunk: "A speedy death to General Washington."337 Orators exhausted invective; poets wrote in the ink of gall.338

      Jefferson, in harmony, of course, with the public temper, was against the treaty. "So general a burst of dissatisfaction," he declared, "never before appeared against any transaction… The whole body of the people … have taken a greater interest in this transaction than they were ever known to do in any other."339 The Republican chieftain carefully observed the effect of the popular commotion on his own and the opposite party. "It has in my opinion completely demolished the monarchical party here340 [Virginia]." Jefferson thought the treaty itself so bad that it nearly turned him against all treaties. "I am not satisfied," said he, "we should not be better without treaties with any nation. But I am satisfied we should be better without such as this."341

      The deadliest charge against the treaty was the now familiar one of "unconstitutionality." Many urged that the President had no power to begin negotiations without the assent of the Senate;342 and all opponents agreed that it flagrantly violated the Constitution in several respects, especially in regulating trade, to do which was the exclusive province of Congress.343 Once more, avowed the Jeffersonians, it was the National Government which had brought upon America this disgrace. "Not one in a thousand would have resisted Great Britain … in the beginning of the Revolution" if the vile conduct of Washington had been foreseen; and it was plain, at this late day, that "either the Federal or State governments must fall" – so wrote Republican pamphleteers, so spoke Republican orators.344

      Again

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