Friday, May 26, 2017

The Jay Treaty, Part II: Context

            In addition to the specific issues or grievances that the Treaty of Paris (1783) had failed to address, there were – as previously discussed – a number of disputes that had arisen between the ratification of that document and the middle of the 1790s that further served to poison relations between the United States of America and Great Britain. Mainly diplomatic and commercial in nature, these various conflicts almost all stemmed from the same central cause – to wit, the French Revolution (1789-1799). Triggered by the summoning of the Estates-General – the equivalent of a parliament – for the first time in one hundred and seventy-three years, the Revolution witnessed the collapse of the Kingdom of France and the emergence of a radical republic in its place in 1792/93. This in turn set in motion a series of devastating wars that would rage across Europe for the better part of twenty years. Neighboring European powers like Great Britain, the Holy Roman Empire, and Spain saw much to fear in the social and ideological forces that the French Revolutionaries had violently unleashed, and sought to preserve the reigning political order and prevent their own potential collapse by taking up arms against the nascent French Republic. The subsequent War of the First Coalition (1792-1797) pitted France against a cabal of reactionary kingdoms and states, witnessed the overthrow of several, and concluded with a largely unexpected French victory. 
      
            On the far side of the Atlantic, Americans observed this revolutionary turmoil with a mixture of jubilation and unease. While many citizens of the United States heralded the collapse of the French monarchy as the beginning of the end of the “ancient tyrannies of Europe,” others were not quite so sanguine. On one hand, a number of prominent figures within the French Revolutionary movement – notably including the Marquis de Lafayette (1757-1834), George Washington’s former aide-de-camp – pointed to the experience of the United States as inspiration. On the other, the relationships that the American republic had respectively nurtured in the 1780s with Great Britain and with France placed them in a somewhat awkward position once war was declared between the two. French army and naval officers had shed blood for the cause of American independence, and France had been the first nation in the world to recognize the sovereignty of the United States of America. In addition, the fact that the French Revolution was an ostensibly republican one caused many Americans to emotionally and philosophically identify the overthrow of Louis XVI (1754-1793) with their own experience of violently casting off the rule of George III. At the same time, however, Great Britain represented the USA’s single largest trading partner, its neighbor in North America, and a nation with whom many American citizens still maintained strong personal and business connections. In short, it seemed that the United States of America was torn – perhaps fatally – between ideology and ambition; principle and pragmatism.

Though in large part cognizant of the competing motivations acting upon contemporary American foreign policy, British authorities during the early 1790s nonetheless wasted little time in placing their country on a firm wartime footing. To that end, the British Navy began to very aggressively pursue and capture French merchant vessels in an attempt to cut off their enemy from access to trade goods and military supplies. This focus on attacking French commerce resulted in several significant outcomes within the sphere of Anglo-American relations. First, it created a tremendous opportunity for American ship-masters and merchants to drastically expand their area of influence. As the risk of putting to sea for the French merchant fleet increased, vessels flying the flag of an ostensibly neutral nation like the United States were able to absorb the trade routes that their European counterparts were forced to abandon. The immediate result was a period of heightened demand and rising profits for American shipbuilders, merchants, and sailors alike. Between 1792 and 1796, American ship-masters managed to increase their average revenues by a factor of three, while carpenters and laborers in port cities like Philadelphia in some cases saw their wages double during this same period. By 1794, the United States was the dominant trading nation in the West Indies, and its shipping industry was generating hundreds of thousands to several million dollars every year. Unfortunately, this unprecedented shipping boom – referred to at the time as the “carrying trade” – was frustrated in the long term by two further consequences of the British Navy’s focus on attacking the commerce of its enemies.

In sudden and dire need of a steady stream of manpower to keep its increasingly active fleet fully staffed, the Royal Navy began an aggressive campaign to seek out and apprehend deserters and impress – i.e. kidnap – as many able-bodied men as ship captains deemed necessary. While no one considered to be the subject of a foreign nation or sovereign was theoretically subject to such coerced service, American citizens represented something of an exception. In spite of Britain’s ratification of the Treaty of Paris and its formal recognition of American independence, British law failed to acknowledge the existence of naturalised American citizenship. In practical terms, this meant that the contemporary British government considered those of its subjects who had settled in the United States of America after 1783 and attained citizenship to in fact still be subjects of the British Crown. In addition, there existed no information infrastructure – passports, sophisticated record keeping, etc. – that would have otherwise prevented actual British Navy deserters from simply claiming American citizenship in order to avoid re-capture. In consequence, and despite repeated petitions by the government of the United States, British “press gangs” captured and forced into service several thousand sailors over the course of the 1790s who claimed – truthfully or otherwise – to be American citizens.

            At the same time, Britain’s interdiction of enemy sea-bound trade and the resulting expansion of American shipping into markets formerly dominated by the French also had the effect of making American merchant vessels an increasingly common target of Royal Navy aggression. In spite of American protestations that “free ships make free goods” – i.e. that in time of war, the cargo of a neutral vessel, even if it was bound for a belligerent nation, should be safe from seizure – British authorities subscribed to the theory that any goods bound for the ports of their enemies was fair game for capture. The logic of this position doubtless appeared particularly obvious in the case of American vessels carrying sugar from French colonies in the West Indies to French ports. As far as contemporary British naval and political authorities were concerned, this was simply French trade being conducted under an American flag. Such vessels, they argued, were thus legitimate targets for confiscation. And while Britain did not follow through on this interpretation of diplomatic norms for the first several years of its war with France – perhaps out of consideration for its economic relationship with the United States – it was only a matter of time before circumstances forced their hand.

Granting that the commercial and naval policies cited above do seem to present the British government as the chief instigator of diplomatic tensions within the Anglo-American relationship in the mid-1790s, it bears acknowledging that contemporary events in the United States had done much to cast suspicion on American intentions. On April 8th, 1793, the first ambassador from the French Republic to the United States of American arrived in Charleston, South Carolina. Edmond Charles Genêt (1763-1834), who took to styling himself “Citizen Genêt,” subsequently behaved in a manner very unlike the courtly dignitary that his office customarily called for, and quickly found himself alternately embraced and held at arm’s length by the American people and their government. Brash, charming, and bombastic, Genêt carried with him both a series of requests to be formally presented to the Washington Administration and a series of clandestine instructions in case an affirmative response was slow in coming. Under the former heading, he asked that the United States government extend a sizable loan to the French Republic and agree to provide ample produce and military supplies to the same. And under the latter category, he was authorized to recruit armed expeditions for the purpose of striking British and Spanish possessions in North America and carried with him the necessary paperwork to commission the captains of private merchant vessels as privateers in service of the French Republic. These duly-authorized vessels would then proceed to target British shipping while at the same time seeking shelter in the ostensibly neutral ports along the American coast.  

Over the course of the next several months – April to August of 1793 – the United States of America was subsequently wracked by a series of partisan convulsions, became entangled in its first major crisis of foreign policy, and began the long and difficult process of defining its role in the international order. Perhaps the single defining cause of all of these occurrences was a fairly simple piece of news that had accompanied Ambassador Genêt across the Atlantic. War had broken out between Great Britain and the French Republic, and it remained for the Washington Administration to determine how best to position the United States of America vis-à-vis the European belligerents. The subsequent cabinet meetings – held between April 8th and May 16th, 1793 – produced agreement on the need for American neutrality, though the specifics thereof were argued at length by Secretary of State Jefferson and Secretary of the Treasury Hamilton. While noted Francophile Jefferson argued in favor of leveraging a formal declaration of neutrality in order to extract favors from the concerned parties in Europe, Hamilton meanwhile urged his cabinet colleagues that American foreign policy should be based on sound principles rather than the whims of whichever foreign power was willing to offer the best deal in exchange. President Washington – ever a man of prudence and steady temperament – ultimately agree with his former aid-de-camp, adding further that any delay in declaring American neutrality would only increase the risk of the fragile young republic being drawn into the struggle against the will and the best interests of its citizens.

In consequence, President Washington issued a proclamation under his own hand on April 22nd, 1793 that made it abundantly clear where the United States of American stood in relation to the armed conflict then raging in Europe. Owing to the ongoing state of war between various nations on the European continent, it read, “The duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers [.] This impartiality encompassed both official policy – i.e. the actions of the federal and state governments and any officers thereof – as well as the activities of private citizens. To that end, Washington specifically declared that,   

Whosoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations by committing, aiding, or abetting hostilities against any of the said powers […] will not receive the protection of the United States against such punishment or forfeiture; and further, that I have given instructions to those officers to whom it belongs to cause prosecutions to be instituted against all persons who shall […] violate the law of nations with respect to the powers at war, or any of them.

Jefferson and his allies were understandably crestfallen – by the increasing influence that Hamilton and his partisan seemed to exert over the Washington Administration and by the harm that they believed such an unequivocal policy statement would do to their ideological compatriots in France. Hamilton was conversely triumphant, though only in part. While he had managed to secure a formal, unconditional proclamation of neutrality, and had successfully argued that the 1778 Treaty of Amity and Commerce between the United States and the Kingdom of France had been nullified by the execution of Louis XVI, the Treasury Secretary nonetheless failed to convince his cabinet colleagues or President Washington that the latter ought to refuse to receive and accredit the newly named French ambassador.

If Hamilton`s rationale for rebuffing Genêt failed to carry the day in cabinet in April, 1793, it soon became apparent exactly what he had wished to avoid upon the latter`s arrival in Philadelphia. While the envoy’s more outwardly alarming efforts amounted to very little in the long run – his planned expedition to conquer the Spanish colony of Louisiana failed to materialize, and his efforts to enlist American sailors as privateers in French service produced only minimal injury to British shipping – his disregard for protocol and his revolutionary rhetoric sparked any number of controversies that the Washington Administration then hastened to quench. Feted upon his arrival on May 16th, 1793 – toasted, hosted, and made the centre of attention at numerous receptions and banquets – Genêt did not hesitate to bring this public confidence to bear against Washington’s newly declared policy of non-interference. At times this subversive behavior took the form of enlisting prominent American statesmen to the cause of the French Republic – Thomas Jefferson notably provided Genêt with letters of introduction during the latter’s failed excursion against Spanish Louisiana, and Pennsylvania Governor Thomas Mifflin (1744-1800) was at one point heard to offer a public toast in Genêt’s honor to, “The ruling powers in France. May the United States of America, in alliance with them, declare war against England.” Worse yet, however, was Genêt’s uncanny ability to elicit mass demonstrations of revolutionary enthusiasm from among the general population. During his stay in the nation`s capital, French and American flags waved side-by-side across the city and verses of the revolutionary anthem La Marseillaise echoed in the streets. Meanwhile in the cities and towns that he visited since his arrival, political societies sprang to life that claimed to promote the shared values of the French and American Revolutions.

 These ad-hoc societies – dubbed either “Democratic” or “Republican” – appeared particularly sinister to American proponents of non-interference. While their members claimed that a defeat for the French Republic would allow the newly-empowered monarchies of Europe to extend their reactionary campaign across the Atlantic, opponents perceived in them far too many similarities to the political clubs that had fueled the most destructive aspects of the ongoing revolution in France. Secretary of State Hamilton in particular saw in their rhetoric and their structure a distressing potential for insurrection, and endeavored to monitor their activities for any hint of treasonous behavior. Meanwhile, resulting from the emergence of these proto-party organizations, Genêt’s patronage thereof, and the tensions arising from the enforcement of Washington’s declaration of neutrality, the political press began churning out editorials, essays, broadsides, and polemics, alternately in favor of or opposed to Britain, France, President Washington, the French Ambassador, or the federal government in general. Pro-administration publications like The Gazette of the United States and The American Daily Advertiser were countered by the likes of the anti-administration National Gazette, each with its stable of statesmen disguised by pseudonyms – Hamilton, for instance, wrote a series of essays under the name “Pacificus,” while Congressman James Madison (1751-1836) contributed a run of responses as “Helvidius.” Each side regularly accused the other of treason, conspiracy, and betraying the principles of ’76 while leaving little room in their stated positions for compromise, conciliation, or complexity.

By July of 1793, public opinion in the United States was arguably as inflamed as it had ever been during the years leading up to the American Revolution. Citizen Genêt continued to brazenly flaunt the admonitions of the Washington Administration, and the political press daily churned out editorials viciously denouncing the President, or the Democratic/Republican societies, or the supporters of either. Jefferson, doubtless still smarting from his defeat in the debate over American neutrality, actively provided cover from within the federal government for Genêt’s more indiscreet declarations to members thereof. Hamilton, meanwhile, took pains to preserve the policy of non-interference that he had lobbied so successfully for while at the same time quietly providing assurances to certain foreign dignitaries who had reason to doubt American intentions. George Hammond (1763-1853), British minister to the United States of America, was chief among these interested parties. Faced with Washington’s proclamation on one hand and the public popularity of Ambassador Genêt on the other, Hammond had every reason to be confused. Was the President merely playing the statesman in public while simultaneously giving private assurances that Americans found to be offering material aid to France would not face formal prosecution? Hamilton, for his part, endeavored to convince the British ambassador that he would do all that was in his power to counter the efforts of both Genêt and his American supporters. While Hammond expressed his faith in Hamilton’s pledge in dispatches to his superiors, it nonetheless remained an open question in British ministerial circles whether or not the heartfelt promises of one man would be enough to stem the tide of pro-French sentiment sweeping across the American republic in that turbulent summer of 1793.

While Genêt’s continued intemperance soon resulted in a request to the government of the French Republic for his immediate recall, the departure of the renegade ambassador from the domestic political scene provided the beleaguered Washington Administration with only a brief reprieve. The government of Prime Minister William Pitt, whose ambassador to the United States had, as aforementioned, witnessed the full extent of the “Genêt Affair,” remained unconvinced either by substance of Washington’s June 22nd proclamation of neutrality or by the ability of the United States government to enforce its terms. As Genêt’s efforts had made quite clear, countless American citizens were willing and able to defy the authority of the President and evade the various resources at his disposal. American-crewed privateers in French service had seized a number of British merchant vessels, and public support for the French Republic – in the form of newspaper editorials, pamphlets, and the growth of pro-revolutionary political societies – showed little sign of abating. Some manner of response was called for, in order to both arrest the ability of France to continue benefiting from American neutral shipping as well as to make clear that Great Britain would not tolerate duplicity in its diplomatic relations. To that end, the government of Prime Minister Pitt accordingly decreed in an order in council dated to November, 1793, that the Royal Navy would henceforth,

Stop and detain all ships laden with goods the produce of any colony belonging to France, or carrying provisions or other supplies for the use of any such colony, and shall bring the same, with their cargoes, to legal adjudication in our Courts of Admiralty.

Two hundred and fifty captured American merchant ships later, the supporters of Hamilton – increasingly known as “Federalists” – and the devotees of Jefferson – often referred to as “Republicans” – found themselves in a shared state of shock and outrage. While both factions responded in January of 1794 by promoting – unsuccessfully – some form of commercial reprisal against British trade, it was the Federalist proposal to send an envoy to Britain that was ultimately set in motion. Though concerns abounded as to whom Washington would commission for the task – Jefferson suspected Hamilton would seize the opportunity to personally establish stronger ties with British officialdom, and several Republicans echoed his objection in letters to the President – Chief Justice John Jay was ultimately selected in April, 1794. As head of the judicial branch of the federal government, Jay enjoyed a position of authority and trust that was relatively untouched by the roiling partisanship then plaguing American public life. He was also widely known to be a man of honor, integrity, and restraint. While not quite the Republicans’ preferred choice – some regarded him as a Federalist at heart – he nevertheless secured the approval of the United States Senate and made ready to depart on May 12, 1794. He carried with him to London the confidence – though in some cases only nominal – of both major factions in contemporary American politics, a series of instructions from his government, and the ardent hopes of his fellow countrymen.

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