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

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. 327 327 "An Emetic for Aristocrats… Also a History of the Life and Death of Independence; Boston, 1795." Copies of such attacks were scattered broadcast – "Emissaries flew through the country spreading alarm and discontent." (Camillus, no. 1; Works : Lodge, v, 189-99.)

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. 328 328 McMaster, ii, 213-20; Gibbs, i, 207; and Hildreth, iv, 548. Even Washington's granite resolution was shaken. Only once in our history have the American people so scourged a great public servant. 329 329 Present-day detraction of our public men is gentle reproof contrasted with the savagery with which Washington was, thenceforth, assailed. 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. 330 330 Marshall, ii, 370. Of the innumerable accounts of the abuse of Washington, Weld may be cited as the most moderate. After testifying to Washington's unpopularity this acute traveler says: "It is the spirit of dissatisfaction which forms a leading trait in the character of the Americans as a people, which produces this malevolence [against Washington]; if their public affairs were regulated by a person sent from heaven, I firmly believe his acts, instead of meeting with universal approbation, would by many be considered as deceitful and flagitious." (Weld, i, 108-09.) 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, 331 331 Washington almost determined to withhold ratification. (Marshall, ii, 362.) The treaty was signed November 19, 1794; received by the President, March 7, 1795; submitted to the Senate June 8, 1795; ratified by the Senate June 24; and signed by Washington August 12, 1795. ( Ib. , 360, 361, 368.) many of his friends deserted him. 332 332 "Washington now defies the whole Sovereign that made him what he is – and can unmake him again. Better his hand had been cut off when his glory was at its height before he blasted all his Laurels!" (Dr. Nathaniel Ames's Diary, Aug. 14, 1795; Dedham (Mass.) Historical Register , vii, 33.) Of Washington's reply to the address of the merchants and traders of Philadelphia "An Old Soldier of '76," wrote: "Has adulation … so bewildered his senses, that relinquishing even common decency, he tells 408 merchants and traders of Philadelphia that they are more immediately concerned than any other class of his fellow citizens?" ( American Remembrancer , ii, 280-81.) "The trouble and perplexities … have worn away my mind," wrote the abused and distracted President. 333 333 Washington to Jay, May 8, 1796; Writings : Ford, xiii, 189. Mercer County, Kentucky, denounced Senator Humphrey Marshall for voting for ratification and demanded a constitutional amendment empowering State Legislatures to recall Senators at will. 334 334 American Remembrancer , ii, 265. 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. 335 335 Journal, H.D. (1795), 54-55; and see Anderson, 43. The Lexington, Kentucky, resolutions branded the treaty as "shameful to the American name." 336 336 American Remembrancer , ii, 269. It was reported that at a dinner in Virginia this toast was drunk: "A speedy death to General Washington." 337 337 Ames to Gore, Jan. 10, 1795; Works : Ames, i, 161. Orators exhausted invective; poets wrote in the ink of gall. 338 338 "This treaty in one page confines, The sad result of base designs; The wretched purchase here behold Of Traitors – who their country sold. Here, in their proper shape and mien, Fraud, perjury, and guilt are seen." (Freneau, iii, 133.)

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." 339 339 Jefferson to Monroe, Sept. 6, 1795; Works : Ford, viii, 187-88. 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 here 340 340 Ib. [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." 341 341 Jefferson to Tazewell, Sept. 13, 1795; Works : Ford, viii, 191. The Jay Treaty and Neutrality must be considered together, if the temper of the times is to be understood. "If our neutrality be still preserved, it will be due to the President alone," writes the younger Adams from Europe. "Nothing but his weight of character and reputation, combined with his firmness and political intrepidity could have stood against the torrent that is still tumbling with a fury that resounds even across the Atlantic… If his system of administration now prevails, ten years more will place the United States among the most powerful and opulent nations on earth… Now, when a powerful party at home and a mighty influence from abroad, are joining all their forces to assail his reputation, and his character I think it my duty as an American to avow my sentiments." (J. Q. Adams to Bourne, Dec. 24, 1795; Writings, J. Q. A. : Ford, i, 467.)

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; 342 342 Charles Pinckney's Speech; American Remembrancer , i, 7. 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. 343 343 Marshall, ii, 378. The Republicans insisted that the assent of the House of Representatives is necessary to the ratification of any treaty that affects commerce, requires appropriation of money, or where any act of Congress whatever may be necessary to carry a treaty into effect. ( Ib. ; and see Livingston's resolutions and debate; Annals , 4th Cong., 1st Sess., 1795, 426; 628.) 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. 344 344 "Priestly's Emigration," printed in Cobbett, i, 196, quoting "Agricola."