was now difficult for the French government to distinguish, in that respect, between those states and those other powers.

Our affairs with France were now in a prosperous state. By the repeal of the decrees under which our trade was harassed there was an end put to complaints from that cause; and, as orders were issued for the adjustment of the accounts of such of our citizens as had claims upon the French Republic, with a view to their payment, the prospect of retribution for past losses was likewise a good one. Soon, too, our commerce flourished beyond what was ever known before; for, by virtue of our treaty of 1778, whose stipulations were now respected in every article, we were becoming, and actually became, not only the carriers of our own bulky and valuable materials to England and her allies (with the exception, in their case, of the strict contraband of war only) and, of course, to every port of the sea, which gave us a friendly welcome; but were likewise, on account of the protection which our vessels gave to the property of the enemies of France, becoming also the carriers of England and her allies in the war. Such, too, was the friendly bias of the people of France towards us, that notwithstanding our vessels gave no protection to French property against English cruisers, nor in certain cases to the productions of the French islands become American property, yet we were become likewise the principal carriers of France. Even the privilege of American citizenship was an object of great value to the owner (I mean in a mercantile view) for an American citizen could neutralize vessels, funds, etc., and thus profit, in many ways, by the condition of his country. Nor did France invite us to the war, or manifest a wish that we should engage in it; whilst she was disposed to assist us in securing our claims upon those powers, against whom we complained of injuries. In short, such was our situation with the French Republic, and with other powers, so far as depended on the French Republic, that there was but one point upon which we had cause to feel or express any solicitude, which was that it might not vary.

But unhappily this state of things, so correspondent with our ancient relations with that country, so congenial with the public sentiment, and necessary to the public welfare, was not doomed to be a permanent one; for even whilst the proposition, last above mentioned, was depending before the Convention, accounts were received from England, that Mr. Jay had concluded

a treaty with that power of very different import from what I had been taught by my instructions to expect, and had likewise taught the French government to expect would result from his mission. Hitherto I had understood, and had so stated, that his powers were limited to the adjustment of the particular points in controversy between the two countries; but by these accounts it appeared that a treaty was formed, upon very different princiciples, whereby our connection with France was essentially weakened by a new and very close one with England. Here, then, began a new era in our affairs, which will be, perhaps, forever memorable in the annals of our country, the incidents attending which I will proceed to relate.

It will readily occur to every dispassionate mind, that this report, though merely a report, must have subjected me to some embarrassment, which would continue till I was enabled completely to disprove it. But I will not dwell on this circumstance. I will proceed to narrate facts which show how we left the ground we had gained as above, and ultimately reached the point where we now are.

As soon as this report reached Paris it was obvious that it produced in the committee a very disagreeable sensation in regard to us; for immediately afterwards I was applied to by that body in a letter, which stated what they had heard of the contents of that treaty, and asking in what light they were to consider it. It happened that I had received on the same day a letter from Mr. Jay, of the 25th of November, informing me that he had concluded on the 19th of the same month a treaty with Great Britain, which contained a declaration "that it should not be construed, or operate, contrary to our existing treaties;" but, "as it was not ratified, it would be improper to publish it." I therefore made his letter the basis of my reply to the committee, inserting verbatim so much of it as applied; adding, that although I was ignorant of the particular stipulations of the treaty (which, however, for the removal of all possible anxiety on that subject, I would communicate as soon as I knew them) yet I took it for granted, the report was altogether without foundation. My answer was so far satisfactory to the committee as to prevent, at the time, any change in the policy recently adopted towards us; for the decree, which proposed to put into full execution our treaty of commerce with France, then depending, as already observed, before the convention, was passed without opposition.

In promising to communicate to the committee the contents of this treaty as soon as I knew them, I did so in the expectation of fulfilling my promise, when I received a copy of the treaty from the Department of State, and not before; for I expected no further information upon that subject from Mr. Jay. I concluded, as he had already communicated to me a part of the treaty, and withheld the residue, that he had done so upon mature deliberation, and meant to communicate to me no more of it; and in this opinion I was the more confirmed, from that passage in his letter which stated that, as the treaty was not ratified, it would be improper to publish it; since I could not understand that passage, otherwise than as an intimation, he should withhold from me the other parts of the treaty. And in making that promise to the committee, I did it with a view to preserve the same spirit of candor in my communications with that body, now that the treaty was concluded, that I had done whilst the negotiation was depending, a departure from which would doubtless have been immediately noticed. To the Department of State therefore, alone, I now looked for such information respecting that transaction as the public interest required I should possess; always presuming it would place the result upon a footing correspondent with its previous communications to me, and mine to the French government, with which they were sufficiently acquainted.

On the 16th of January, 1795, I received another letter from Mr. Jay of the 28th of November preceding, informing me that he proposed soon to communicate to me, in "cypher, the principal heads of the treaty confidentially. This information surprised and embarrassed me. It surprised me, because it promised a result different from what I had expected from his preceding letters; and it embarrassed me because, although it was for many reasons an object of great importance with me to possess the treaty, in case it were of the kind I had understood it would be, yet I was now very averse to receive it, in case it were otherwise, on account of the promise I had already made to the committee, to communicate to it the contents, as soon as I knew them, as above stated. Thus circumstanced, I resolved to write to Mr. Jay, by a confidential person, and inform him of my engagement with the committee, requesting a copy of the treaty, to enable me to comply with it; urging as a motive for his sending one and truly, the good effect it would produce upon our affairs there; in the expectation of obtaining one, only in case the treaty was of a

particular import, in which case I could see no motive why he should refuse that mark of confidence to the committee; and of preventing its being sent, in case it was otherwise, or in case Mr. Jay did not wish its contents to be known to the French government; for in either of those cases, and especially if clogged with any condition whatever, I did not wish to possess it. I committed this letter to the care of Mr. Purviance, a very respectable and deserving citizen of Baltimore, who departed with it a few days after the receipt of Mr. Jay's letter above mentioned, and returned with his answer, bearing date on the 5th of February, some time early in March following. In his reply he refused to send me a copy of the treaty as I had requested; urging as a motive for his refusal, that we were an independent nation, etc., had a right to form treaties, etc., with other sound maxims which were never questioned.

Here again I concluded and hoped that the business between Mr. Jay and myself was at an end, and of course, that I should hear nothing further from him upon the subject of his treaty. But here again I was disappointed; for some time in March I received another letter from him of the 19th of February, by Colonel Trumbull; in which he informed me, he had authorized that gentleman to communicate to me the contents of that treaty, in perfect confidence, to be imparted to no other person. This last letter was still more extraordinary than any which had preceded it: for as he had refused to send me a copy of the treaty, according to my request, by Mr. Purviance, and omitted, not to say refused (though indeed I understood his omission in the light of a refusal) otherwise to inform me of its contents, by that very safe opportunity, I did not see how the correspondence could be continued on that subject, on his part. Nor was my 'surprise otherwise than greatly increased, after having informed him that the only acceptable mode by which the contents of the treaty could be conveyed was by the transmission of a copy of the instrument itself, at the proposition which he now made, to communicate them to me verbally, upon a presumption that it would be more satisfactory to me, to receive them thus, than by written extracts from the treaty, and upon condition that I would communicate them to no other person whatever. This proposition being altogether inadmissible, was of course rejected.

Soon after this, Colonel Trumbull made a communication, upon the subject of this treaty, to Mr. Hichborn, of Boston, with

design that he should communicate the same to me unconditionally; and of course, in the expectation that I would communicate it to the French government. In consequence I received this communication in writing from Mr. Hichborn, with the attention which was due to those two gentlemen, whom I personally respected; and made of it, afterwards, all the use which a paper so informal would admit of: And thus was executed Mr. Jay's promise to communicate to me the contents of his treaty with the English government; upon which topic I will now make a few observations only, and then dismiss it.

My promise to communicate to the committee the contents of Mr. Jay's treaty, as soon as I knew them, sufficiently explains the motive of that intimation to him; but why demand a copy of the instrument for that purpose? Why not make my representations to that body, upon the faith of Mr. Jay's to me, without further proof? Ought this to be expected under like circumstances by any one? Or, ought any person who refuses to repose confidence in another, as was the case in the present instance, by withholding the document in question, to expect that that other would confide in him? Is not the very circumstance of withholding a document, whilst the party possessing it labors to impress you with a belief that such are its contents, calculated to create at least a suspicion that the fact is otherwise; and that the solicitude shown proceeds from a desire to deceive? And if such would be the effect of such conduct on the part of a man indifferent or unknown to you, what ought to be expected from it when practiced by one in whose political morality you had no confidence, and of whose obnoxious political principles and views you were already forewarned, by a long acquaintance with them? These considerations will, I presume, likewise sufficiently explain why I would make no representation to the French government of the contents of that treaty, for which I became personally responsible, upon the mere authority of Mr. Jay, or otherwise than upon a copy of the instrument itself.

But I had another reason of great weight in my mind for requiring a copy of the treaty from Mr. Jay, or preventing further communication with him on that subject, in case he would not send one. My object, as already stated, was by fair and honest means to remove the suspicions which the French government entertained upon that subject; and with a view to promote the interest of my country. If, then, Mr. Jay enabled me to accom