JACOBIN OR AMERICAN?

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One of the first duties of Jefferson in taking charge of foreign affairs was to explain to his French friends, who on the other side of the Atlantic had been accustomed to look up to him as a guide and counsellor, the reasons which had determined his choice to remain in America. To Madame de Corny, the Duchesse Danville, the Duc de La Rochefoucauld, Madame d'Houdetot, he wrote gracefully worded notes, in the best style of the society of the time. In France, among other things, he had learned how to turn a charming compliment. More official but still very graceful is the letter he sent to Montmorin to take formal leave of the French Court and at the same time introduce himself in his new capacity. But besides the compliments, there appears in the letter a reaffirmation that the best foundation for international friendship lay in satisfactory commercial relations. "May this union of interests forever be the patriotic creed of both countries."[265] The new Secretary of State had not forgotten that the most important questions relative to Gallo-American commerce had not yet been settled, and that it would be no negligible part of his duties to carry out the principles he had always defended when in Paris.

To Lafayette, closer to his heart than any other Frenchman, he explained more fully his view of the situation and stated once more the principles which would direct him in his policy towards France:

Wherever I am, or ever shall be, I shall be sincere in my friendship to you and to your nation. I think with others, that nations are to be governed with regard to their own interests, but I am convinced that it is their interests, in the long run, to be grateful, faithful to their engagements, even in the worst of circumstances, and honorable and generous always. If I had not known that the head of our government was in these sentiments, and that his national and private ethics were the same, I would never have been where I am.[266]

This was more than a banal compliment. To the homely wisdom of Doctor Franklin that honesty is the best policy, Jefferson had added a new element. He had combined in one formula two principles which often seem contradictory and which at any rate are difficult to reconcile. Not a mere idealist, nor simply a practical politician, he was, during the rest of his political life, to make persistent efforts to propagate that gospel of practical idealism which remains to this day one of the fundamental tenets of Americanism. In that respect, party lines count little, and Lincoln was quite as much a disciple and a continuator of Jefferson as Woodrow Wilson.

On the other hand, it cannot be denied that in many circumstances it would take more than superhuman virtue and intelligence rightly to operate that ideal combination and maintain an equal balance between national selfishness and philosophical idealism. When it came to practice, Jefferson showed himself just as canny as any European diplomat and never neglected an opportunity to further the interests of his country. This appeared in the very first letters he sent to Europe after taking charge of the foreign policies of the United States.

Communications were slow at the time. Jefferson was kept regularly informed of developments in France by Short, his former secretary, left in charge in Paris, who sent him weekly letters; but they averaged eleven weeks and a half in transit, while of his answers "the quickest were of nine weeks and the longest of near eighteen weeks coming." Information through the British papers took about five or six weeks to reach America but was not to be relied upon, and Jefferson gave definite instructions to Short for "news from Europe is very interesting at this moment, when it is so doubtful whether a war will take place between our two neighbors."[267]

This was indeed at the time his main preoccupation. War between Spain and England seemed not only possible but probable, and Jefferson saw in it an opportunity to press the claims of the United States to the navigation of the Mississippi. The question was not "the claims of Spain to our territory north of the thirty first degree and east of the Mississippi (they never merited the respect of an answer), but the navigation of the Mississippi and that was not simply to recognize the American rights on the river." Navigation "cannot be practiced without a port, where the sea and river vessels may meet and exchange loads, where those employed about them may be safe and unmolested." The right to use a thing comprehends a right to the means necessary to its use, and without which it would be useless. Jefferson added that he could not answer that "the forbearance of our western citizens would last indefinitely, and that a moment of impatience, hazard or other considerations might precipitate action on their part." On the other hand, the United States were in no position to antagonize openly even weak Spain, and in case nothing should develop Carmichael was instructed to bide his time:

You will be pleased to observe, that we press these matters warmly and firmly, under this idea, that the war between Spain and Great Britain will be begun before you receive this; and such a moment must not be lost. But should an accommodation take place, we retain, indeed, the same object and the same resolutions unalterably; but your discretion will suggest, that patience and persuasion must temper your conferences, till either of these may prevail, or some other circumstances turn up, which may enable us to use other means for the attainment of an object which we are determined, in the end, to obtain at every risk.[268]

Naturally this is no worse than the ordinary run of instructions sent at that time to diplomatic agents by other foreign secretaries, and Jefferson's policy was no more underhanded than the policies of any other nation of the Old World. It cannot be said, however, that it rested upon higher and nobler moral principles. Perhaps America had no diplomatic tradition at that time, but she was not deficient in tactics, and neither Jefferson nor his agents were exactly innocent tools in the hands of wily European diplomats.

But this is not all. Jefferson unfolded his whole plan in a letter to Short written a week later. In case of a war between England and Spain, France would be called into the war as an ally on the side of Spain. She would have a right to insist that Spain should do everything in her power to lessen the number of her potential enemies and to eliminate every cause of friction with the United States. "She cannot doubt that we shall be of that number, if she does not yield our right to common use of the Mississippi, and the means of using and securing it." The point made by the United States was that "they should have a port near the mouth of the river, so well separated from the territories of Spain and her jurisdiction, as not to engender daily disputes and broils between us." Such a claim was not an arbitrary one, but resulted from the configuration of the land. "Nature has decided what shall be the geography of that in the end, whatever it might be in the beginning, by cutting off from the adjacent countries of Florida and Louisiana, and enclosing between two of its channels, a long and narrow slip of land, called the Island of New Orleans." Jefferson conceded that the idea of ceding that territory might be disagreeable to Spain at first, because it constituted their principal settlement in those parts, with a population of ten thousand white inhabitants, but "reason, and events, however, may, by little and little, familiarize them to it." The idea, however, might seem excessive to Montmorin, particularly as it was thought that France had not entirely given up the project of recovering the country along the Mississippi. But fortunately the National Assembly seemed opposed to conquest and the subject might be broached merely in general terms at the beginning. Furthermore, Lafayette could be used once more as an intermediary without officially compromising the United States.[269]

Finally Gouverneur Morris was told to warn England that should they entertain any design against any Spanish colony, the United States would contemplate a change of neighbors with extreme uneasiness. While the United States would remain neutral if "they execute the treaty fairly and attempt no conquests adjoining us," Jefferson added, "it will be proper that these ideas be conveyed in delicate and friendly terms; but that they be conveyed, if the war takes place; for it is in this case alone, and not till it be begun, that we should wish our dispositions to be known."[270] That question being disposed of satisfactorily, at least in theory, for after all, the war did not break out, Jefferson abandoned temporarily his plans to obtain New Orleans. How he resumed them and pushed them to a successful conclusion ten years later is too well known to need recalling here.

It is not until February 4, 1791, that Jefferson expressed in writing his hope to see a republican form of government established in France. This was in direct contradiction with all the advice and counsel he had given to his French friends when he was in Paris, with his repeated affirmations that the French were not ready for self-government, and with the conclusions contained in his letter written to Jay in the summer of 1789. None of the developments that had taken place in France was of such a character as to change Jefferson's attitude on the matter. But in the meantime, he had come to the conclusion that the fate of the republican government in the United States depended largely on the failure or success of the French Revolution. If it proved impossible for the French to establish a stable form of self-government, if they could not withstand the attacks of their foreign enemies, the conclusion would inevitably be drawn in America that there was an inherent defect and weakness in all republican governments. Thus the French Revolution had already become an international issue, for the cause of liberty could not remain secure for any length of time in America if it were crushed in Europe. On that particular point Jefferson himself was very explicit:

I look with great anxiety for the firm establishment of the new government in France, being perfectly convinced that if it takes place there, it will spread sooner or later all over Europe. On the contrary, a check there would retard the revival of liberty in other countries. I consider the establishment and success of their government as necessary to stay up our own, and to prevent it from falling back to that kind of half-way house, the English constitution. It cannot be denied that we have among us a sect who believe that to contain whatever is perfect in human institutions; that the members of this sect have, many of them, names and offices which stand high in the estimation of our countrymen. I still rely that the great mass of our community is untainted with these heresies, as is its head. On this I build my hope that we have not labored in vain, and that our experiment will still prove that men can be governed by reason.[271]

On receiving the news that the National Assembly of France had gone into mourning over the death of Franklin, Jefferson sent to its President one of those letters worded in the "felicitous style" which he had perfected in France. His feelings were sincere, he had great respect and affection for the Doctor, but he knew what was expected of him, and with great skill, without promising anything, or using any expression that might be taken as a definite promise and turned against him later, he made a vague but satisfactory appeal to a sort of international friendship, praising the Assembly for having set the first example and brought "into our fraternity the good and the great wherever they have lived or died." He ended with a reaffirmation of the good dispositions of his government towards France: "That these separations may disappear between us in all times and circumstances, and that the union of sentiment which mingles our sorrows on this occasion, may continue long to cement the friendship and interests of our two nations, is our constant prayer."[272]

This openly declared sympathy for France and his hopes for a new form of government did not in the least obscure his views on the commercial difficulties between the two countries. The bone of contention was still the question of commerce with the West Indies. The National Assembly, on ratifying the consular conventions, had showed little disposition to admit the right of the United States to send consular agents to the West Indies. In his opinion the word "États du roi" did not mean merely France, but all colonial possessions of France as indicated in the translation "French dominions." He was not ready officially to press the matter so as to cause difficulties between the two nations and was willing to have the two agents already appointed, "Skipwith at Martinique and Bourne at St. Dominique", ask for a regular exequatur.[273]

He elaborated on his policy with reference to the West Indies in another letter to Short, written three months later. In it will be found expressed more discreetly, but no less firmly, the philosophy outlined already with reference to Spain and the Mississippi. He maintained first of all that the United States had no design whatever on the West Indies, for "If there be one principle more deeply rooted than any other in the mind of every American, it is that we should have nothing to do with conquest." This principle once established, he proceeded to examine the situation from a practical point of view. The regulations imposed by the French on their colonies are such that they cannot trade directly with their neighbors; for the supplies necessary to relieve their mutual wants have to be carried first to France in order to be exported either to the colonies or to the American continent. This is contrary to the natural order of things: "An exchange of surplusses and wants between neighbor nations, is both a right and a duty under the moral law, and measures against right should be mollified in their exercise, if it be wished to lengthen them to the greatest term possible." It seemed to Jefferson that such a right ought to be recognized by any unprejudiced mind; but, unfortunately, "Europeans in general have been too long in the habit of confounding force with right with respect to America." Circumstances are such that these rights cannot be pressed very strongly and "can be advanced only with delicacy", but what the United States cannot do themselves, Lafayette perhaps can present informally to his friends. He alone can make them understand that, while they are establishing a new rÉgime for their colonial possessions of the West Indies, "in policy, if not in justice, they should be disposed to avoid oppression, which, falling on us, as well as on their colonies, might tempt us to act together."[274]

Was this a veiled threat? Not exactly. It was an extension of Montesquieu's theory of laws to international relations, an application of the theories of the French economists on free trade. But even supposing that the theory itself had some remote French origin, to a large extent it was new and typically American. Only former colonies which had won their complete independence could maintain that, in matters of trade, the colonies were completely independent of the metropolis, and that commercial and geographical considerations should outweigh political regulations. The United States were strongly inclined to use every favorable opportunity to make this principle obtain in their relations with their neighbors, and what was a far more dangerous thing, they considered this policy both "a right and a duty under the moral law." It was not political imperialism to be sure, but in our days it certainly would be called commercial imperialism under a moral disguise. At that time, it was really a theory far in advance of both the theory and practice of any European nation, and it is very doubtful whether Jefferson would have found justification for it in any of the authorities on the law of nations he had consulted with reference to the navigation of the Mississippi.[275]

There is no doubt that Jefferson fully realized all the implications of his doctrine, for he submitted it to the President before sending it to Short in cipher; but he insisted that, if the contents of his letter were permitted to leak out at a favorable opportunity, "the National Assembly might see the impolicy of insisting on particular conditions, which, operating as grievances on us, as well as on their colonists, might produce a concert of action."[276]

The news of the flight of the king was for him another evidence of the "fruits of that form of government, which heaps importance on idiots, and which the Tories of the present day are trying to preach into our favor." Then he added significantly: "I still hope the French revolution will issue happily. I feel that the permanence of our own leans in some degree on that; and that a failure there would be a powerful argument to prove there would be a failure here."[277]

Meanwhile his actions were far more cautious than his theories would lead one to believe. When the Santo Domingo Assembly placed their situation before the Government of the United States, asking for ammunition, arms, and provisions to be charged against the money owed France by the United States, Jefferson answered that although the United States had with them "some common points of union in matters of commerce" he could not do anything without the approbation of Ternant. When the colonists asked him what would be the attitude of the United States in case they became independent, Jefferson did not conceal the fact that they would lay themselves open to any attack by a strong nation and that their interest, as well as the interests of the United States, was to see them retain their connection with their mother country; and he finally decided to give them such small supplies from time to time "as will keep them from real distress, and to wait with patience for what would be a surplus, till M. Ternant can receive instructions from France.... It would be unwise in the highest degree, that the colonists should be disgusted with either France or us."[278]

He was soon to be deprived, however, of direct news from France, for Short was transferred from Paris to the Hague and Gouverneur Morris appointed Minister Plenipotentiary to France.[279] He had to explain his policy to the new minister, which he did on March 10, 1792, this time insisting that nothing in the conduct or the views of the United States should cause any apprehension to the French Government and that he should allay all fears on that score.[280] But with Lafayette he still insisted that if he did not mention the point again, it was largely because he considered that it had been won:

We have been less zealous in aiding them, lest your government should feel any jealousy on our account. But, in truth, we as sincerely wish their restoration and connection with you, as you do yourselves. We are satisfied that neither your justice nor their distresses will ever again permit their being forced to seek at dear and distant markets those first necessaries of life which they may have at cheaper markets, placed by nature at their door, and formed by her for their support.[281]

It was not until the latter part of 1792 that reiterated letters from Morris, describing the situation and asking for instructions, forced Jefferson to make a very important declaration on relations that could be transacted with revolutionary governments. There again he displayed the resourcefulness of a good lawyer combined with the idealism of a political philosopher. Having no hint of the form of government that the French were to adopt, he thought it necessary to lay down certain principles to direct the conduct of the American plenipotentiary in Paris. They were substantially as follows: The permanent principle of the United States was to recognize any government "which is formed by the will of the nation substantially declared." If the government to be formed by the French presented such a character, there was no reason to doubt that the United States would grant recognition, and Morris could proceed without further ado to transact with them "every kind of business." On the other hand, the government established might present an entirely different complexion and in that case the recognition might be more doubtful; but even then it was to be considered as a de facto, if not a de jure government, and it was the duty of the American minister to discuss some matters with them in order to obtain concessions "reforming the unfriendly restrictions on our commerce and navigation."[282] The question as to Morris' safety was left entirely to him to determine and could not very well be the object of precise instructions.

Two weeks later, Jefferson himself had an opportunity to make a practical application of his policy. Although they had received no formal authority from the National Assembly, the United States were willing to contribute aids from time to time to Santo Domingo, and were placing at their disposal for December the sum of forty thousand dollars. But Jefferson insisted that such moneys as were thus obtained were to be spent in America where supplies could be had cheapest, "and where the same sum would consequently effect the greatest measure of relief to the colony." Incidentally, it was spent also for the greatest benefit of the American merchants, and strengthened the commercial connection between the islands and the American continent, a point not to be mentioned to the French envoy, but well worth keeping in mind.[283]

At the beginning of 1793, Jefferson was not only inclined to treat favorably the new French Government but resented strongly any criticism of it. When he discovered that in several letters his friend and disciple Short had censured the proceedings of the French Jacobins, Jefferson, fearing that he had been corrupted by aristocratic friendships, undertook to set him right on the matter. He took the following view of the situation:

The contest had been between the Feuillant patriots favoring a free constitution with an hereditary executive and the Jacobins who thought that expunging that office was an absolute necessity. The Feuillants had their day and their experiment had failed miserably. The nation was with them in opinion and had finally won. Certainly in the struggle many guilty persons fell without the forms of trial and innocents with them. But altogether they are to be considered as soldiers who have fallen during a battle; their memory will be embalmed by truth and time.

Meanwhile the only thing to consider was that the liberty of the whole world depended on the issue of the contest:

Was ever such a prize won with so little innocent blood? My own affections have been deeply wounded by some of the martyrs to this cause, but rather than it should have failed I would have seen half the earth desolated; were there but an Adam and an Eve left in every country, and left free, it would be better than as it is now.

Short was then severely rebuked for having expressed in conversations sentiments offensive to the French patriots. He was reminded that there were in the United States "some characters of opposite principles hostile to France, and fondly looking to England as the staff of their hopes. Their prospects have certainly not brightened.... The successes of republicanism in France have given the coup de grace to their prospects, and I hope to their projects." This was to be kept in mind by Short, and, as Jefferson intended to retire at an early date, he called his attention to the fact that not knowing who his successor would be and into whose hands his further communications would fall, he had better be prudent and not let his "too great sensibility to the misfortunes of some dear friends obscure his republicanism."[284]

In a communication to Gouverneur Morris, Jefferson was more reserved but no less insistent upon the principle that the French Government was a government de jure as well as de facto:

We surely cannot deny to any nation that right whereon our own government is founded, that every one may govern itself according to whatever form it pleases, and change these forms at its own will; and that it may transact its business with foreign nations through whatever organ it thinks proper, whether King, Convention, Assembly, Committee, President, or anything else it may choose. The will of the nation is the only essential thing to be regarded. Such being the case, the United States not only should continue to pay the installment on the debt but use their utmost endeavors to make punctual payments. Urged by the strongest attachment to that country, and thinking it is even providential that moneys lent to us in distress could be repaid under like circumstances, we had no hesitation to comply with the application, and arrangements are accordingly taken, for furnishing this sum at epochs accommodated to the demands and our means of paying it.

This was the doctrine of national gratitude reaffirmed and illustrated, but naturally relations could not be placed on an entirely sentimental basis. Morris was instructed at the same time "to use and improve every possible opportunity which may occur in the changeable scenes which are passing, and to seize them as they occur, for placing our commerce with that nation and its dependencies, on the freest and most encouraging footing possible."[285]

A week later news of the execution of the king arrived at Philadelphia. For the fate of Louis XVI, Jefferson felt and expressed little personal regret. He never held the monarch in high esteem: furthermore, the example set by France might teach a good lesson to other autocrats and "soften the monarchical governments, by rendering monarchs amenable to punishment like other criminals, and doing away with that rage of insolence and oppression, the inviolability of the King's person."[286] Here again it is evident that domestic considerations were uppermost in Jefferson's mind. Never could one correct too vigorously those who wished to establish a monarchy in the United States. Whether he was justified or not, Jefferson sincerely believed that the American republic was in danger, and his attitude at that time reflects his fear of the monocrats more than any real sympathy for the French Terrorists.

Thus spoke Jefferson, the party man, and he made no mystery of his sentiments either in his conversations or in his private letters. The Secretary of State, however, could not easily afford to adopt publicly the same attitude. Early in February Colonel W. S. Smith had brought the intelligence that the French Minister Ternant, whose royalist opinions shocked the French sympathizers in Philadelphia, would be recalled and Citizen Genet would be sent in his place by the Republic. It was already known that Genet would bring very advantageous propositions to the United States, for he would come

with full powers to give us all the privileges we can desire in their countries, and particularly in the West Indies; that they even contemplate to set them free the next summer; that they proposed to emancipate South America, and will send forty-five ships of the line there next spring, and Miranda at the head of the expedition; that they desire our debt to be paid them in provisions, and have authorized him to negotiate this.[287]

On the other hand it was to be feared that Genet would remind the American Government of the existence of the Treaty of 1778, by which the United States agreed to give distinct advantages to French privateers and to guarantee the integrity of the French West Indies. It was not until April that it was known war had been declared between France and England. Were the United States going to be dragged into the European convulsions and would they have to side openly with their former ally? Acting on the information received from Colonel Smith, Jefferson quickly wrote to Carmichael and Short, asking them to refrain from mentioning the Louisiana question to Spain, and chiefly to be very careful not to "bind us to guarantee any of the Spanish colonies against their own independence, nor indeed against any other nation." Jefferson believed that there was a possibility of seeing France encourage the Spanish colonies to revolt and would not have objected "to the receiving those on the east side into our confederation." This was an eventuality not to be lightly dismissed, and once more Jefferson's uppermost preoccupation was not to please the French Revolutionists but to further the interests of his country.[288] But before deciding upon any course of action it was advisable to temporize and to find out from what quarter the wind was about to blow. The only thing to do for the present was to wait and to avoid any unpleasant complications with the powers at war; and first of all to see to it that the United States should enjoy the rights and privileges of a complete neutrality. Jefferson began sending instructions to that effect to Samuel Shaw, consul at Canton, China.[289] Two days later he wrote even more explicitly to Dumas: "We wish not to meddle with the internal affairs of any country, nor with the general affairs of Europe. Peace with all nations, and the right which that gives us with all nations are our objects. It will be necessary for all our public agents to exert themselves with vigilance for securing to our vessels all the rights of neutrality, and from preventing the vessels of other nations from usurping our flags."[290]

As the cabinet met only one month later (April 18) at the request of Washington to discuss the proclamation of neutrality, it is not without importance to call attention to the date and the text of that letter. Winning Jefferson over to the position finally adopted by the American Government could not present insuperable difficulties since he had already outlined the same policy even before consulting with the President, and on his own initiative had sent instructions to the agents.

When the Cabinet met to consider the emergency, and the several secretaries were invited by Washington to submit their opinions in writing, the course to be followed was officially agreed upon and Washington issued the famous Proclamation of Neutrality on April 22,—the very same day the new minister from France landed at Charleston. Jefferson did not lose any time notifying the American agents abroad of the policy of the United States, repeating substantially the instructions already sent to Dumas one month before.[291] At the same time Ternant was officially notified that credits opened in favor of the West Indies had to be stopped;[292] as the emergency had passed and a regular government had been established in France, money could be appropriated from the regular installments paid on the debt.

THOMAS JEFFERSON THOMAS JEFFERSON
From the portrait by Rembrandt Peale

According to a letter written to Monroe,[293] Jefferson saw with a secret pleasure, the monocrat papers publish the most furious philippics against England, and the old spirit of 1776 rekindled from Charleston to Boston. He expressed the pious wish that "we may be able to repress the spirit of the people within the limits of fair neutrality." But he revolted against what he considered a subservient attitude to England on the part of Hamilton. It is one of the few occasions in which he departed in a letter (I do not count the "Anas") from his judicial attitude: "In the meantime," he said, "Hamilton is panick struck, if we refuse our breech to every kick which Great Britain may choose to give it. In order to preserve even a sneaking neutrality a fight is necessary in every council for our votes are generally two and a half against one and a half."

Jefferson's private opinion might have favored the French Revolution, as it undoubtedly did. I do not see, however, that in any important circumstance he departed from the strict line of neutrality which he had traced for the country.

He sent instructions to Thomas Pinckney[294] to the effect that, in order to avoid any violation of neutrality, passports could be issued to vessels only in American ports; that "in other lands American citizens were free to purchase and use any foreign built vessels, as those were entitled to the same protection as home built vessels." That all vessels belonging to citizens of the United States loaded with grain to the port of one of the belligerents could not be stopped by the other belligerent if going to an unblockaded port.

Then Genet, still at Charleston and before being regularly accredited, took upon himself to outfit privateers and to commission them. "The British ship Grange, while lying at anchor in the bay of Delaware, within the territory and jurisdiction of the United States, was taken possession of by the Embuscade, a frigate of the French Republic, brought to port where she was detained as a prize and the crew kept prisoners."[295] Ternant was asked to detain the vessel, waiting for a decision to be taken concerning the representations of the British minister, Hammond. But it will be seen in Jefferson's letter to Hammond[296] that he did not hesitate to grant that the capture of the Grange was not "warranted by the usage of nations, nor by the existing treaties between the United States and France", nor, Jefferson added, "by any law of the land." On the other hand he maintained that agents of the French Government were free to purchase "arms and military accoutrements" with an intent to export them to France, and that citizens of the United States could sell such articles, being duly warned, however, that they were subject to confiscation should they fall into the hands of a belligerent.

Indeed, it took all the calamitous blunders of Genet to turn Jefferson against him. From Charleston, where he had landed, to Philadelphia, his march had been a triumph. The citizens of Philadelphia, hearing that the President might refuse to receive him, had even decided to give him an ovation and to meet him at Gray's Ferry. He delivered his credentials on May 18, and at once communicated the object of his mission in a style which now appears grandiloquent, but simply reflected that enthusiasm for America which was running so high in France at the time. "In short," wrote Jefferson to Madison, "he offers everything, and asks nothing."[297] This was too good to be true, and too wonderful to last long.

Less than three weeks later (June 5) Jefferson had to send to Genet strong representations on his attitude and pointed out several breaches of neutrality, particularly in the arming of French privateers in American ports, stating rather stiffly that it was "the right of every nation to prohibit acts of sovereignty from being exercised by any other nation within its limits and the duty of a neutral nation to prohibit such as would injure one of the warring powers."

But in a letter to Hammond he stated that the measures could not be retrospective. In the first days of the war, French citizens, duly commissioned by the authorities of their country, had captured British vessels. It was impossible for the United States to rescue those vessels from the captors. All that could be done was to prevent the repetition of such an incident and to order the departure of all French privateers from the ports of the United States. It was fine legal reasoning, not without some of that hairsplitting for which Jefferson reproached Randolph. Whether Randolph had a hand or not in the reaching of that decision is another question. Jefferson indorsed it in transmitting it both to Hammond and Genet.

Another proposition of Genet did not meet with more favorable approval. The Republic was hard pressed for money, and the new plenipotentiary had been requested to make every possible effort "to obtain payment in one lump sum of all the annuities coming to France, taking the debt in produce if necessary, or changing it into bonds to be sold to the public." To this Jefferson was unequivocally opposed, although he referred the President to Hamilton. He recommended payment in advance of the installments due for the year, but strongly objected to changing the form of the debt.[298] He wrote, furthermore, to Gouverneur Morris to acquaint him with the situation and to request him "to prevent any such proposition in the future from being brought forward."[299]

As a matter of fact, although Jefferson expressed pious and fervent wishes for the success of the French, I cannot see that he officially did much to further their cause. He was not even pleased by the agitation and propaganda in their behalf carried on in America by enthusiastic patriots. This appears very clearly in a letter to his son-in-law, Thomas Mann Randolph, which, better than any official document, indicates his state of mind at the end of June, 1793:

The French have been guilty of great errors in their conduct towards other nations, not only in insulting uselessly all crowned heads, but endeavoring to force liberty on their neighbors in their own form. They seem to be correcting themselves on the latter point; the war between them and England embarrasses our government daily and immensely. The predilection of our citizens for France renders it very difficult to suppress their attempts to cruise against the English on the ocean, and to do justice to the latter in cases where they are entitled to it.[300]

Monroe had sent him a long dissertation on the proclamation of neutrality which he judged both "unpolitick and unconstitutional"; for, if the President "possesses the right to say we shall be neutral, he might say we should not be."[301]

To this Jefferson answered that his friends' apprehensions were somewhat exaggerated, for the United States being at peace with England, the so-called proclamation of neutrality—which, by the way, did not contain the word neutrality—did nothing but maintain a status quo. This was a fine legal distinction, not very convincing, but very characteristic of Jefferson's state of mind at that time and of his reluctance to favor the French side. Had he ever wished to do it, the attitude of the French envoy would have soon forced him to adopt a different policy.

The case of Citizen Genet is too well known to require elaborate treatment. Less than six weeks after his arrival in Philadelphia, Jefferson had given him up as hopeless and dangerous:

Never in my opinion, was so calamitous an appointment made, as that of the present minister of France here. Hot headed, all imagination, no judgment, passionate, disrespectful & even indecent towards the President in his written as well as verbal communications, talking of appeals from him to Congress, from them to the people, urging the most unreasonable & groundless propositions, & in the most dictatorial style.[302]

The case of the Little Sarah, a British prize, taken to Philadelphia and refitted as a privateer by Genet's orders, brought the matter to a head. Genet was warned that the vessel could not sail; he refused to give definite assurances that it would not be ordered to sea. Washington was away at the time, and Knox and Hamilton proposed mounting a battery of cannon to prevent the sailing of the vessel, a measure strongly opposed by Jefferson, determined to avoid at all cost measures tantamount to a declaration of war. The Little Sarah and the Democrat escaped, and Washington in vehement words manifested his disapproval of the weakness shown on this occasion. The least the American Government could do was to ask that Genet be recalled, and it was so decided at a meeting of the Cabinet on August 3. In a long letter intended for the French Government, but sent to Gouverneur Morris and communicated to Genet himself, Jefferson drew up a terrible indictment of the French minister. Hamilton and Knox were decidedly in favor of stronger measures and of deciding then and there upon the "renvoi" of Genet. Jefferson, following his constant policy, was against a measure that could be construed as the recognition that a state of war existed between the two countries. This has been sometimes interpreted as evincing partiality to France on his part, but entries in the "Anas" under August 20 and August 23 demonstrate beyond any doubt that he was also guided by his uppermost desire to promote the interests of his country.

There was at least some reason to believe that Genet's conduct would not receive the support of his Government, and on the other hand he had brought over with him certain proposals worth considering for a treaty referring to the commerce with the West Indies. Although the Cabinet had never considered the question formally, Jefferson estimated the matter of such importance that he had taken it upon himself to discuss it with Genet in several conversations. To leave the friendly overtures of the French Republic without any answer would not only be insulting but highly unpolitic, since the Executive might be accused "of neglecting the interests of the United States." Under these circumstances some means had to be found of sparing the feelings of the French Government, so as not to lose entirely the chances of concluding a treaty so advantageous to the United States. As Secretary of State, Jefferson had to find a satisfactory formula. This was to ask the French Government to recall Genet, but at the same time to appoint his successor and to renew to this successor the powers granted originally to Genet. Such was the tenor of his letter to Morris, a very clever solution to a very difficult situation. As for Genet himself, he was to be tolerated until the arrival of his successor.

Unfortunately the "citizen" did not know how to keep quiet or when to quit. Not a dishonest man in ordinary life, not even an unintelligent man, he was the greatest bungler ever sent by a friendly nation to another. When he arrived in May, 1793, he had public opinion largely in his favor. Members of Congress and of the government, except possibly Hamilton, were not hostile to France; the French envoy could have obtained distinct advantages for his country if he had proceeded slowly and with ordinary caution. Two months later he had succeeded in turning against himself and against the country he represented the whole of public opinion, in sowing germs of distrust never to be eradicated, in fixing and crystallizing all sorts of prejudices and unfavorable generalizations about France.

Jefferson had made all possible efforts to keep the disaffection of the American Government toward the French minister as much under cover as possible. But Citizen Genet threw down the gauntlet by publishing part of his official correspondence, thus forcing an appeal to the people and running the risk of arousing the "disgusts" Jefferson had so much wished to avoid.[303] A week later, he had to admit to Madison that Genet's conduct "has given room to the enemies of France to come forward in a style of acrimony against that nation which they never dared to have done. The disapprobation of the agent mingles with the reprehension of his nation and gives a toleration to that which it never had before."[304]

By a strange irony of fate, one of the last acts of Jefferson as Secretary of State was a final protest against Genet's attitude. Six months before he had been notified that he could not be received by the Executive and that all communications from him had to be made in writing. Deciding to appeal to Congress over the head of the President, Genet had copies of his instructions printed, demanding that they should be laid before both houses. A more stupid and childish step could hardly be imagined. Jefferson, requested by the President to draw up an answer to Genet, wrote at first a scathing denunciation of the French minister which was probably thought too strong, for it is marked "not inserted" on the manuscript:[305]

The terms in which you permit yourself in this and some other of your letters to speak of the President of the U. S., and the influence and impressions you venture to ascribe to him, are calculated to excite sentiments which need no explanation. On what grounds of truth they are hazarded, how to reconcile them to decorum, to the respect due to the person and character of our chief magistrate, and to the nation over which he presides and that too from the representative of a friendly people, are questions left to your mature reflection.

The letter which was finally sent, more moderate in its terms, was nevertheless a formal reminder of diplomatic proprieties:

Your functions as the missionary of a foreign mission here, are confined to the transactions of the affairs of your nation with the Executive of the United States; that the communications, which are to pass between the Executive and Legislative branches, cannot be a subject for your interference, and that the President must be left to judge for himself what matters his duty or the public good may require him to propose to the deliberations of Congress. I have therefore the honor of returning you the copies sent for distribution.[306]

That very same day Jefferson resigned his office into the hands of Washington, assuring him that in his retirement he was taking with him "a lively sense of the President's goodness, and would continue gratefully to remember it."[307]


CHAPTER III

                                                                                                                                                                                                                                                                                                           

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