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THE JAY TREATY.

hasten their departure, and to cause them to retire as soon as possible. Nothing in this treaty contained shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or States. But the two parties agree that while they continue in amity neither of them will in future make any treaty that shall be inconsistent with this or the preceding article.

Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war or others having commission from any Prince, Republic, or State whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated shall use his utmost endeavors to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels.

ARTICLE XXVI.

If at any time a rupture should take place (which God forbid) between His Majesty and the United States, the merchants and others of each of the two nations residing in the dominions of the other shall have the privilege of remaining and continuing their trade, so long as they behave peaceably and commit no offence against the laws; and in case their conduct should render them suspected, and the respective Governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose, to remove with their families, effects, and property, but this favor shall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared that such rupture shall not be deemed to exist while negotiations for accommodating differences shall be depending, nor until the respective Ambassadors or Ministers, if such there shall be, shall be recalled or sent home on account of such differences, and not on account of personal misconduct, according to the nature and degrees of which both parties retain their rights, either to request the recall, or immediately to send home the Ambassador or Minister of the other, and that without prejudice to their mutual friendship and good understanding.

ARTICLE XXVIII.

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It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent articles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratification of this treaty shall be exchanged, but subject to this condition, That whereas the said twelfth article will expire by the limitation therein contained, at the end of two years from the signing of the preliminary or other articles of peace, which shall terminate the present war in which His Majesty is engaged, it is agreed that proper measures shall by concert be taken for bringing the subject of that article into amicable treaty and discussion, so early before the expiration of the said term as that new arrangements on that head may by that time be perfected and ready to take place. But if it should unfortunately happen that His Majesty and the United States should not be able to agree on such new arrangements, in that case all the articles of this treaty, except the first ten, shall then cease and expire together.

Lastly. This treaty, when the same shall have been ratified by His Majesty and by the President of the United States, by and with the advice and consent of their Senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on His Majesty and on the said States, and shall be by them respectively executed and observed with punctuality and the most sincere regard to good faith; and whereas it will be expedient, in order the better to facilitate intercourse and obviate difficulties, that other articles be proposed and added to this treaty, which articles, from want of time and other circumstances, cannot now be perfected, it is agreed that the said parties will, from time to time, readily treat of and concerning such articles, and will sincerely endeavor so to form them as that they may conduce to mutual convenience and tend to promote mutual satisfaction and friendship; and that the said articles, after having been duly ratified, shall be added to and make a part of this treaty. In faith whereof we, the undersigned Ministers Plenipotentiary of His Majesty the King of Great Britain and the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms.

Done at London this nineteenth day of November, one thousand seven hundred and ninety-four. GRENVILLE. JOHN JAX.

288

WASHINGTON'S MESSAGE TO CONGRESS.

CHAPTER IX.

1795-1797.

INTERNAL AFFAIRS: ELECTIONS: WASHINGTON'S FAREWELL.

Washington's message to the Fourth Congress - The various enactments- Washington's Farewell Address Its reception in various parts of the country-Nomination of candidates for Presidency and Vice-Presidency Course of the French minister Washington's last speech to Congress -Election of Adams and Jeffer Spurious letters of Washington Washington's farewell - Review of his administration.- Appendix to Chapter IX. Washington's Farewell Address.

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The fourth Congress commenced its first session December 7, 1795, and on the 8th, Washington made his seventh annual address. He spoke of the successful termination of the long, expensive and distressing war with the Indians of the Northwest; mentioned the various treaties with Morocco, Algiers and Spain; stated that "a treaty of amity, commerce, and navigation had been negotiated " with Great Britain, that the Senate had advised and consented to its

ratification" upon a condition which excepts part of one article," and that he added his sanction. He added, however, that the decision of his Britannic Majesty was as yet unknown. In regard to the internal situation, he said there were "equal causes for contentment and satisfaction"; that the country enjoyed general tranquillity, "the more satisfactory because maintained at the expense of no duty." Our agriculture, commerce, and manufactures prospered beyond precedent, the hin

drances to our trade being more than balanced by the aggregate benefits which it derived from a neutral position; every part of the Union displayed indications of rapid and numerous improvements; and with burdens so light as scarcely to be perceived, with resources fully adequate to our present exigencies, with a government founded on the genuine principles of national liberty, and with mild and wholesome laws, was it too much to say that our country exhibited "a spectacle of national happiness, never surpassed, if ever before equalled?" Among the subjects to which Washington called the special attention of Congress was the state of the military establishment. To the House of Representatives he said that the provision for redeeming the public debt should be reënforced, for "whatsoever will tend to accelerate the honorable extinction of our public debt, accords as much with the true interest of our country as with the general sense of our constitu

ents."

ENACTMENTS OF CONGRESS.

He suggested that the business of the mint needed attention, as did also the state of the fortifications, arsenals, magazines, etc.* In the Senate, where the Federalists had made considerable gains at the last election, a cordial answer was returned to the President's speech,† but in the House, where the Republicans had increased in strength, the answer to the speech indicated that the course of the new administration would not be smooth.‡

Among the recent enactments were laws regulating the relations of the inhabitants of the western frontier with the Indians, laws authorizing the survey of certain public lands with a view to their sale, laws equalizing the pay of the members of Congress, and laws instituting measures to protect and relieve American citizens. About $6,000,000 was appropriated to the public service and toward the interest on the public debt; but so many were; the demands on the public treasury that, after vainly endeavoring to obtain another loan, part of the bank stock was sold. The opposition party refused to raise further revenue by indirect internal taxation, and the only measure passed to raise revenues was that increasing the duty on pleasure carriages. They were strongly opposed also to the establish

Richardson, Messages and Papers, vol. i., pp. 182-186; Annals of Congress, 4th Congress, 1st session, pp. 10-14; Benton, Abridgment of Debates, vol. i., pp. 592-593.

Richardson, vol. i., pp. 186-187.
Ibid, vol. i., pp. 187-188.

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ment of a naval force. Even the Algierian outrages on American merchant vessels did not force action, and a bill providing a sufficient naval force in the Mediterranean to prevent such piracies could not be carried in the House without the insertion of a section suspending all proceedings under the act, in case the dispute with Algiers was brought to an end. In that event, not a single frigate could be built without further authority from the legislature. No peace had been concluded with Tunis or Tripoli, yet it was with the greatest difficulty that a bill providing for three instead of six frigates was passed. On June 1, this session of Congress was brought to a close.

The Presidential elections were now approaching. Many of Washington's intimate friends were aware of his fixed determination to retire at the end of his present term.* In view of the unsettled condition of foreign affairs, he was urgently entreated to withhold the announcement of his determination to retire until the last moment. His intention to retire, however, could not be changed, and he decided to improve the opportunity to issue a farewell address to his countrymen. Early in September, nearly six months before his term of office expired, he completed the address, and on September 17, 1796, issued it. It gave his views regarding public affairs and the principles

* Madison's Works (Congress ed.), vol. i., p. 554.

290

WAHINGTON'S FAREWELL ADDRESS.

by which he had been governed during his Presidency.* The message was received with profound reverence in many parts of the United States, and many addresses and expressions of regret were sent him by various bodies. "In some of the States, the Farewell Address was printed and published with the laws, by order of the legislatures, as an evidence of the value they attached to its political precepts, and their affection to its author."t

In all parts of the country, however, there were those who denounced Washington as an aristocrat, a monocrat, and an Anglomaniac, and who seldom heard his name mentioned without cursing it. Unquestionably Unquestionably the President was not as popular then as he had been in 1789 and 1792. In many quarters the address provoked

*

Sparks, Life of Washington, pp. 474-475; Annals of Congress, 4th Congress, 1st session, App., pp. 2869-2880. See also the appendix at the end of this chapter. It is given in Richardson, Messages and Papers, vol. i., pp. 213-224; Irving, Life of Washington, vol. v., pp. 381-410. Regarding the authorship of the address, see Sparks, App. v., pp. 525-530; Horace Binney, Inquiry into the Formation of Washington's Farewell Address (Philadel phia, 1859). See also Sparks' ed. of Washington's Writings, vol. xiii., pp. 214, 382; Irving, vol. v., p. 276 et seq.; Ford's ed. of Washington's Writings, vol. xii., pp. 123–131 and vol. xiii., pp. 220, 221, note, 267, 277-325; Hunt, Life of Madison, p. 220; Memoirs of the Pennsylvania Historical Society, vol. i.; Sullivan, Public Men, pp. 115, 421; Stevens, James Lenox, p. 100; Houghton, American Politics, p. 112; Cooper and Fenton, American Politics, vol. ii., p. 14. Madison's draft will be found in Madison's Works (Congress ed.), vol. i., pp. 565-568, and his letter to Jefferson, June 27, 1823, regarding it, in vol. iii., p. 323. See also Schouler, United States, vol. i., p.

346.

replies keyed in all kinds of tones — angry, bitter, and sarcastic.* It was freely charged that he was arbitrary, vain and avaricious, having climbed to fame on the work of others, and simply because he held the highest place, he had laid a tax that raised an insurrection; had burdened the many to enrich the few; had created an American aristocracy; had affronted the nation which aided us to secure independence in favor of the country which endeavored to keep us in bondage; had refused to give representatives of the people treaty papers they had a right to see; and even in his farewell address had warned us against "permanent alliance with any portion of the foreign world," because he had made a treaty which gave great privileges to England, not wishing France and the rest of Europe to enjoy similar concessions.

*

On the eve of Washington's return to Mount Vernon, the Aurora contained the following squib: "Lord now lettest thou thy servant depart in peace, for thine eyes hath seen thy salvation.' If ever there was a time that would license the reiteration of the exclamation of the pious Simeon, that time is now arrived; for the man who is the source of all the misfortunes of our country is this day reduced to a level with his fellow citizens, and is no longer possessed of power to multiply evils upon the United States. When a retrospect is taken of Washington's administration for eight years, it is a subject of the greatest astonishment that a single individual could have cankered the principles of republicanism in an enlightened people just emerged from the gulf of despotism, and should have carried his designs against the public liberty so far as to have put in jeopardy its very existence. Such, however, are the facts, and with them staring us in the face, this day ought to be a JUBILEE in the United States."

PARTY NOMINATIONS.

Even after his successor had been elected, it was asserted that Washington knew he could not be again elected to the highest place and, to save himself the shame of being superseded and forced to take the Vice-Presidency, he had to resign.'

That Washington was stung to the quick, is evident; for in a letter to Jefferson, in reply to one in which the latter denied that he had ever committed a breach of official trust while in the cabinet, Washington spoke of the outrageous abuse to which he had been subjected by the press of the opposite party, saying:

"To this I may add, and very truly, that, until the last year or two, I had no conception that parties would, or even could, go to the lengths I have been witness to; nor did I believe until lately, that it was within the bounds of probability, hardly within those of possibility, that while I was using my utmost exertions to establish a national character of our own, independent, as far as our obligations and justice would permit, of every nation of the earth, and wished, by steering a steady course, to this country preserve from the horrors of a desolating war, I should be accused of being the enemy of one nation and subject to the influence of another; and to prove it, that every act of my administration would be tortured, and the grossest and most insidious misrepresentations of them be made, by giving one side only of a subject, and that too in such exaggerated and indecent terms as could scarcely be applied to a Nero, a notorious defaulter, or even to a common pickpocket." †

As Washington had declined to be renominated, the Federalists, after some consideration, united to support John Adams for the Presidency, and Thomas Pinckney for the Vice-Presi

* McMaster, vol. ii., pp. 289–291.

Irving, Life of Washington, vol. v., pp. 272273. See also Schouler, United States, vol. i., pp. 343-345.

291

dency. Thomas Jefferson was the candidate for the Republicans.* There was much political jugglery in the nomination of Adams and Pinckney. Jay had been eliminated as a Presidential possibility by his connection with the memorable treaty. It was clear that Hamilton was now less available than ever as a candidate for any office. Thus the field was clear for John Adams, who had gained much of late in the popular estimation. He had toned down in his style of living, had avoided public controversies, and had not incurred any of the odium attached to the conduct of foreign affairs. Those of the Federalist leaders who had come into close contact with him at the seat of government believed him to be too irritable, too headstrong, and too vigorous in upholding executive independence to make a good leader of the Federalist party; besides, his views on foreign banking, and funding questions did not always coincide with their own. But they could not court an open rupture with Adams, and therefore concocted a scheme whereby they could encompass his defeat. On Hamilton's advice, they adopted the plan of coupling Adams with a popular Southern candidate nominally selected for the Vice-Presidency. After the Federal electors

* For the various arguments used regarding the fitness of the candidates, see McMaster, vol. ii., pp. 291-300. As to Hamilton's course in not supporting Adams, see Lodge, Alexander Hamilton, pp. 194-197. See also Bassett, Federalist System, pp. 143–144.

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