Yet the Westerners were the very people who had no cause whatever to complain of the treaty. It was not an entirely satisfactory treaty; perhaps a man like Hamilton might have procured rather better terms; but, taken as a whole, it worked an immense improvement upon the condition of things already existing. Washington’s position was undoubtedly right. He would have preferred a better treaty, but he regarded the Jay treaty as very much better than none at all. Moreover, the last people who had a right to complain of it were those who were most vociferous in their opposition. The anti-Federalist party was on the whole the party of weakness and disorder, the party that was clamorous and unruly, but ineffective in carrying out a sustained policy, whether of offence or of defence, in foreign affairs. The people who afterward became known as Jeffersonian Republicans numbered in their ranks the extremists who had been active as the founders of Democratic societies in the French interest, and they were ferocious in their wordy hostility to Great Britain; but they were not dangerous foes to any foreign government which did not fear words. Had they possessed the foresight and intelligence to strengthen the Federal Government the Jay treaty would not have been necessary. Only a strong, efficient central government, backed by a good fleet and a well organized army, could hope to wring from England what the French party, the forerunners of the Jeffersonian Democracy, demanded. But the Jeffersonians were separatists and State rights men. They believed in a government so weak as to be ineffective, and showed a folly literally astounding in their unwillingness to provide for the wars which they were ready to provoke. They resolutely refused to provide an army or a navy, or to give the Central Government the power necessary for waging war. They were quite right in their feeling of hostility to England, and one of the fundamental and fatal weaknesses of the Federalists was the Federalist willingness to submit to England’s aggressions without retaliation; but the Jeffersonians had no gift for government, and were singularly deficient in masterful statesmen of the kind imperatively needed by any nation which wishes to hold an honorable place among other nations. They showed their governmental inaptitude clearly enough later on when they came into power, for they at once stopped building the fleet which the Federalists had begun, and allowed the military forces of the nation to fall into utter disorganization, with, as a consequence, the shameful humiliations of the War of 1812. This war was in itself eminently necessary and proper, and was excellent in its results, but it was attended by incidents of shame and disgrace to America for which Jefferson and Madison and their political friends and supporters among the politicians and the people have never received a sufficiently severe condemnation.
Jay’s treaty was signed late in 1794 and was ratified in 1795.26 The indignation of the Kentuckians almost amounted to mania. They denounced the treaty with frantic intemperance, and even threatened violence to those of their own number, headed by Humphrey Marshall, who supported it; yet they benefited much by it, for it got them what they would have been absolutely powerless to obtain for themselves, that is, the possession of the British posts on the Lakes. In 1796, the Americans took formal possession of these posts, and the boundary line in the Northwest as nominally established by the treaty of Versailles became in fact the actual line of demarcation between the American and the British possessions. The work of Jay capped the work of Wayne. Federal garrisons were established at Detroit and elsewhere, and the Indians, who had already entered into the treaty of Greeneville, were prevented from breaking it by this intervention of the American military posts between themselves and their British allies. Peace was firmly established for the time being in the Northwest, and our boundaries in that direction took the fixed form they still retain.27
In dealing with the British the Americans sometimes had to encounter bad faith, but more often a mere rough disregard for the rights of others, of which they could themselves scarcely complain with a good grace, as they showed precisely the same quality in their own actions. In dealing with the Spaniards, on the other hand, they had to encounter deliberate and systematic treachery and intrigue. The open negotiations between the two governments over the boundary ran side by side with a current of muddy intrigue between the Spanish Government on the one hand, and certain traitorous Americans on the other; the leader of these traitors being, as usual, the arch scoundrel Wilkinson.
The Spaniards trusted almost as much to Indian intrigue as to bribery of American leaders; indeed they trusted to it more for momentary effect, though the far-sighted among them realized that in the long run the safety of the Spanish possessions depended upon the growth of divisional jealousies among the Americans themselves. The Spanish forts were built as much to keep the Indians under command as to check the Americans. The Governor of Natchez, De Lemos, had already established a fort at the Chickasaw Bluffs, where there was danger of armed collision between the Spaniards and either the Cumberland settlers under Robertson or the Federal troops. Among the latter, by the way, the officer for whose ability the Spaniards seemed to feel an especial respect was Lieutenant William Clark.28
The Chickasaws were nearly drawn into a war with the Spaniards, who were intensely irritated over their antagonism to the Creeks, for which the Spaniards insisted that the Americans were responsible.29 The Americans, however, were able to prove conclusively that the struggle was due, not to their advice, but to the outrages of marauders from the villages of the Muscogee confederacy. They showed by the letter of the Chickasaw chief, James Colbert, that the Creeks had themselves begun hostilities early in 1792 by killing a Chickasaw, and that the Chickasaws, because of this spilling of blood, made war on the Creeks, and sent word to the Americans to join in the war. The letter ran: “I hope you will exert yourselves and join us so that we might give the lads a Drubbeen for they have encroached on us this great while not us alone you likewise for you have suffered a good dale by them I hope you will think of your wounds.”30 The Americans had “thought of their wounds” and had aided the Chickasaws in every way, as was proper; but the original aggressors were the Creeks. The Chickasaws had entered into what was a mere war of retaliation; though when once in they had fought hard, under the lead of Opiamingo, their most noted war chief, who was always friendly to the Americans and hostile to the Spaniards.
At the Chickasaw Bluffs, and at Natchez, there was always danger of a clash; for at these places the Spanish soldiers were in direct contact with the foremost of the restless backwoods host, and with the Indians who were most friendly or hostile to them. Open collision was averted, but the Spaniards were kept uneasy and alert. There were plenty of American settlers around Natchez, who were naturally friendly to the American Government; and an agent from the State of Georgia, to the horror of the Spaniards, came out to the country with the especial purpose of looking over the Yazoo lands, at the time when Georgia was about to grant them to the various land companies. What with the land speculators, the frontiersmen, and the Federal troops, the situation grew steadily more harassing for the Spaniards; and Carondelet kept the advisers of the Spanish Crown well informed of the growing stress.
The Spanish Government knew it would be beaten if the issue once came to open war, and, true to the instincts of a weak and corrupt power, it chose as its weapons delay, treachery, and intrigue. To individual Americans the Spaniards often behaved with arrogance and brutality; but they feared to give too serious offence to the American people as a whole. Like all other enemies of the American Republic, from the days of the Revolution to those of the Civil War, they saw clearly that their best allies were the separatists, the disunionists, and they sought to encourage in every way the party which, in a spirit of sectionalism, wished to bring about a secession of one part of the country and the erection of a separate government. The secessionists then, as always, played into the hands of the men who wished the new republic ill. In the last decade of the eighteenth century the acute friction was not between North and South, but between East and West. The men who, from various motives, wished to see a new republic created, hoped that this republi
c would take in all the people of the Western waters. These men never actually succeeded in carrying the West with them. At the pinch the majority of the Westerners remained loyal to the idea of national unity; but there was a very strong separatist party, and there were very many men who, though not separatists, were disposed to grumble loudly about the shortcomings of the Federal Government.
These men were especially numerous and powerful in Kentucky, and they had as their organ the sole newspaper of the State, the “Kentucky Gazette.” It was filled with fierce attacks, not only upon the General Government, but upon Washington himself. Sometimes these attacks were made on the authority of the “Gazette”; at other times they appeared in the form of letters from outsiders, or of resolutions by the various Democratic societies and political clubs. They were written with a violence which, in striving after forcefulness, became feeble. They described the people of Kentucky as having been “degraded and insulted,” and as having borne these insults with “submissive patience.” The writers insisted that Kentucky had nothing to hope from the Federal Government, and that it was nonsense to chatter about the infraction of treaties, for it was necessary, at any cost, to take Louisiana, which was “groaning under tyranny.” They threatened the United States with what the Kentuckians would do if their wishes were not granted, announcing that they would make the conquest of Louisiana an ultimatum, and warning the Government that they owed no eternal allegiance to it and might have to separate, and that if they did there would be small reason to deplore the separation. The separatist agitators failed to see that they could obtain the objects they sought, the opening of the Mississippi and the acquisition of Louisiana, only through the Federal Government, and only by giving that Government full powers. Standing alone the Kentuckians would have been laughed to scorn not only by England and France, but even by Spain. Yet with silly fatuity they vigorously opposed every effort to make the Government stronger or to increase national feeling, railing even at the attempt to erect a great Federal city as “unwise, impolitic, unjust,” and “a monument to American folly.”31 The men who wrote these articles, and the leaders of the societies and clubs which inspired them, certainly made a pitiable showing; they proved that they themselves were only learning, and had not yet completely mastered, the difficult art of self-government.
It was the existence of these Western separatists, nominally the fiercest foes of Spain, that in reality gave Spain the one real hope of staying the Western advance. In 1794, the American agents in Spain were carrying on an interminable correspondence with the Spanish Court in the effort to come to some understanding about the boundaries.32 The Spanish authorities were solemnly corresponding with the American envoys, as if they meant peace; yet at the same time they had authorized Carondelet to do his best to treat directly with the American States of the West so as to bring about their separation from the Union. In 1794, Wilkinson, who was quite incapable of understanding that his infamy was heightened by the fact that he wore the uniform of a Brigadier-General of the United States, entered into negotiations for a treaty, the base of which should be the separation of the Western States from the Atlantic States.33 He had sent two confidential envoys to Carondelet. Carondelet jumped at the chance of once more trying to separate the West from the East; and under Wilkinson’s directions he renewed his efforts to try by purchase and pension to attach some of the leading Kentuckians to Spain. As a beginning he decided to grant Wilkinson’s request and send him twelve thousand dollars for himself.34 De Lemos was sent to New Madrid in October to begin the direct negotiations with Wilkinson and his allies. The funds to further the treasonable conspiracy were also forwarded, as the need arose.
Carondelet was much encouraged as to the outcome by the fact that De Lemos had not been dispossessed by force from the Chickasaw Bluffs. This shows conclusively that Washington’s administration was in error in not acting with greater decision about the Spanish posts. Wayne should have been ordered to use the sword, and to dispossess the Spaniards from the east bank of the Mississippi. As so often in our history, we erred, not through a spirit of over-aggressiveness, but through a willingness to trust to peaceful measures instead of proceeding to assert our rights by force.
The first active step taken by Carondelet and De Lemos was to send the twelve thousand dollars to Wilkinson, as the foundation and earnest of the bribery fund. But the effort miscarried. The money was sent by two men, Collins and Owen, each of whom bore cipher letters to Wilkinson, including some that were sewed into the collars of their coats. Collins reached Wilkinson in safety, but Owen was murdered, for the sake of the money he bore, by his boat’s crew while on the Ohio River.35 The murderers were arrested and were brought before the Federal judge, Harry Innes. Owen was a friend of Innes, and had been by him recommended to Wilkinson as a trustworthy man for any secret and perilous service. Nevertheless, although it was his own friend who had been murdered, Innes refused to try the murderers, on the ground that they were Spanish subjects; a reason which was simply nonsensical. He forwarded them to Wilkinson at Fort Warren. The latter sent them back to New Madrid. On their way they were stopped by the officer at Fort Massac, a thoroughly loyal man, who had not been engaged in the intrigues of Wilkinson and Innes. He sent to the Spanish commander at New Madrid for an interpreter to interrogate the men. Of course the Spaniards were as reluctant as Wilkinson and Innes that the facts as to the relations between Carondelet and Wilkinson should be developed, and, like Wilkinson and Innes, they preferred that the murderers should escape rather than that these facts should some to light. Accordingly the interpreter did not divulge the confession of the villains; all evidence as to their guilt was withheld, and they were finally discharged. The Spaniards were very nervous about the affair, and were even afraid lest travelers might dig up Owen’s body and find the despatches hidden in his collar; which, said De Lemos, they might send to the President of the United States, who would of course take measures to find out what the money and the ciphers meant.36
Wilkinson’s motives in acting as he did were of course simple. He could not afford to have the murderers of his friend and agent tried lest they should disclose his own black infamy. The conduct of Judge Innes is difficult to explain on any ground consistent with his integrity and with the official propriety of his actions. He may not have been a party to Wilkinson’s conspiracy, but he must certainly have known that Wilkinson was engaged in negotiations with the Spaniards so corrupt that they would not bear the light of exposure, or else he would never have behaved toward the murderers in the way that he did behave.37
Carondelet, through De Lemos, entered into correspondence with Wayne about the fort built by his orders at the Chickasaw Bluffs. He refused to give up this fort; and as Wayne became more urgent in his demands, he continually responded with new excuses for delay. He was enabled to tell exactly what Wayne was doing, as Wilkinson, who was serving under Wayne, punctually informed the Spaniard of all that took place in the American army.38 Carondelet saw that the fate of the Spanish-American province which he ruled, hung on the separation of the Western States from the Union.39 As long as he thought it possible to bring about the separation, he refused to pay heed even to the orders of the Court of Spain, or to the treaty engagements by which he was nominally bound. He was forced to make constant demands upon the Spanish Court for money to be used in the negotiations; that is, to bribe Wilkinson and his fellows in Kentucky. He succeeded in placating the Chickasaws, and got from them a formal cession of the Chickasaw Bluffs, which was a direct blow at the American pretensions. As with all Indian tribes, the Chickasaws were not capable of any settled policy, and were not under any responsible authority. While some of them were in close alliance with the Americans and were warring on the Creeks, the others formed a treaty with the Spaniards and gave them the territory they so earnestly wished.40
However, neither Carondelet’s energy and devotion to the Spanish Government nor his unscrupulous intrigues were able for long to defer the fate which hung over the Spanish
possessions. In 1795, Washington nominated as Minister to Spain Thomas Pinckney, a member of a distinguished family of South Carolina statesmen, and a man of the utmost energy and intelligence. Pinckney finally wrung from the Spaniards a treaty which was as beneficial to the West as Jay’s treaty, and was attended by none of the drawbacks which marred Jay’s work. The Spaniards at the outset met his demands by a policy of delay and evasion. Finally, he determined to stand this no longer, and, on October 24, 1795, demanded his passports, in a letter to Godoy, the “Prince of Peace.” The demand came at an opportune moment; for Godoy had just heard of Jay’s treaty. He misunderstood the way in which this was looked at in the United States, and feared lest, if not counteracted, it might throw the Americans into the arms of Great Britain, with which country Spain was on the verge of war. It is not a little singular that Jay should have thus rendered an involuntary but important additional service to the Westerners who so hated him.
The Spaniards now promptly came to terms. They were in no condition to fight the Americans; they knew that war would be the result if the conflicting claims of the two peoples were not at once definitely settled, one way or the other; and they concluded the treaty forthwith.41 Its two most important provisions were the settlement of the Southern boundary on the lines claimed by the United States, and the granting of the right of deposit to the Westerners. The boundary followed the thirty-first degree of latitude from the Mississippi to the Chattahoochee, down it to the Flint, thence to the head of the St. Mary’s, and down it to the ocean. The Spanish troops were to be withdrawn from this territory within the space of six months. The Westerners were granted for three years the right of deposit at New Orleans; after three years either the right was to be continued, or another equivalent port of deposit was to be granted somewhere on the banks of the Mississippi. The right of deposit carried with it the right to export goods from the place of deposit free from any but an inconsiderable duty.42
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