as related to him. From M. Fauchet, who was then on the point of leaving the country, he also obtained a certificate, in which that minister declared, that in his letter he had no intention to say any thing to the disadvantage of Mr. Randolph's character. The statements presented by Mr. Randolph, in proof of his innocence, were not such as to produce entire conviction; but the nature of his task rendered it difficult, if not impossible, for him to adduce positive evidence. He moreover allowed himself to be betrayed into a warmth of temper, and bitterness of feeling, not altogether favorable to his candor. After all that has been made known, the particulars of his conversations with Fauchet, and his designs, are still matters of conjecture. One fact connected with this affair should be mentioned, as being highly creditable to Washington. In preparing his vindication, Mr. Randolph applied for a certain letter, and intimated that papers were withheld. Washington said, in reply; "That you may have no cause to complain of the withholding of any paper, however private and confidential, which you shall think necessary in a case of so serious a nature, I have directed that you should have the inspection of my letter agreeably to your request, and you are at full liberty to publish without reserve any and every private and confidential letter I ever wrote to you; nay, more, every word I ever uttered to you, or in your hearing, from whence you can derive any advantage in your vindication." When it is remembered, that Mr. Randolph had been in the cabinet from the beginning of the administration, the liberty here given affords a striking proof of the consciousness felt by Washington of the perfect rectitude of his own proceedings. CHAPTER 1795. the cabinet. Mr. Pickering was transferred from the war department Change in to the office of Secretary of State, and James McHenry of Maryland was appointed Secretary of War. Mr. Bradford, the Attorney-general, had recently died. ed by Charles Lee of Virginia. He was succeed The foreign relations of the United States had begun 1796. tions of the CHAPTER to put on a more favorable aspect. Treaties were neXIX. gotiated with Spain and Algiers, by which the prisoners who had been in bondage for many years under the latForeign rela ter power, were released, and the difficulties with the former, respecting boundaries and the navigation of the Mississippi, were amicably adjusted. The victory of General Wayne had also smoothed the way to a treaty with the Indians. On this state of affairs the President congratulated both houses of Congress, when he met them at the opening of the session. United British treaty opposed in Congress. But the British treaty was destined to be a cause of still further agitation. Great exertions had been made throughout the country to obtain signatures to petitions against it, which were to be presented to the House of Representatives. And, when the treaty was submitted to Congress, as having been ratified by his Britannic Majesty, the members opposed to it indicated a determined purpose to defeat its operation by refusing to pass the laws necessary for carrying it into effect. The warfare was March 24. commenced by a resolution, to which a large majority assented, requesting the President to lay before the House the instructions to Mr. Jay, and the correspondence and other documents relating to the negotiation. Power of forming treaties. This request imposed a delicate task on the President. In his opinion, the power to form treaties rested wholly with the chief magistrate and the Senate, and he believed that the House of Representatives had no right to make a demand, which would imply an encroachment on this power, nor in any manner to interfere with the negotiation of treaties. Yet, in the present excited state of public feeling, a refusal of the request would expose him to the charge of showing disrespect to the representatives of the people, raise suspicions of his motives, and probably furnish a pretext for insinuations, that he had personal reasons for concealment. From the line of duty, however, he was never known to deviate; and in this case it was too plain to be mistaken. In his answer to the communication from the XIX. 1796. President deplying with to furnish clines com the request papers. March 30. house, he refused a compliance with the request, and CHAPTER gave his reasons. He said it was clear to his mind, that the power of making treaties was vested by the Constitution exclusively in the President, with the advice and consent of the Senate; that, having been a member of the convention, he knew this was the understanding of the framers of the Constitution; that the subject was fully discussed; that there were reasons for believing the state conventions understood it in the same way; that this construction had hitherto been acquiesced in by the House of Representatives; and that a just regard to the Constitution, and to the duty of his office, required him to resist the principle contended for by the house. If allowed to be put in practice, it would destroy the confidence of foreign powers in the executive, derange the government, and lead to the most mischievous consequences, when it would be too late to apply a remedy. The members, who voted for the resolution, were not prepared for this refusal; nor did they conceal their disappointment and dissatisfaction. The message gave rise to a debate, which continued for many days, and in which the merits of the treaty, and the constitutional powers of the several departments of the government, were elaborately discussed. Passion, party zeal, eloquence, and argument were all brought to bear on the subject; and the speeches show, that both sides of the question were maintained with unusual ability and force of reasoning. In the end, a majority of the members who were opposed to the treaty yielded to the exigency of the case, and, probably more from expediency than conviction, united in passing the laws necessary for its fulfilment. Among the events, which contributed to harass the mind and weigh upon the spirits of Washington, none affected him more keenly than the captivity of Lafayette. Gratitude for the services rendered by Lafayette to the United States in times of distress and peril, a respect for his character, founded on a long and intimate acquaintance, and a knowledge of his pure and disinterested principles, Debates in conse quence of dent's re the Presi fusal. Washington procure the Lafayette. endeavors to release of XIX. 1796. Writes to the Mar Lafayette. CHAPTER had created an ardent attachment, of which many proofs have been exhibited in this narrative, and many others might be added. In proportion to the strength of this attachment was his affliction at the sufferings of his friend. After receiving the intelligence of his capture, Washchioness de ington wrote letters to the Marchioness de Lafayette, expressive of his sympathy, and affording all the consolation in his power. His regret was the greater, because, being at the head of the nation, the family of Lafayette, and the friends of humanity in Europe, expected much from his aid; while in reality he could do nothing more, except by his personal influence, than any other individual. Lafayette was a prisoner, first in the Prussian dominions, and next in the Austrian. There was no diplomatic intercourse between those countries and the United States. Hence the American government, without authority to make a demand or power to enforce it, either directly or through the agency of other governments, could take no decisive steps for his release. Writes to the Emperor Instructions were sent, and often repeated, to the Amerof Germany. ican ministers at foreign courts, directing them to use all their efforts in his favor. These instructions were faithfully obeyed. Nothing more could be done. The mediation of the British cabinet was sought, but not obtained. That he might leave no means untried, Washington at last wrote a letter to the Emperor of Germany, stating his friendship for Lafayette, suggesting in delicate terms that his sufferings had perhaps been as great as the nature of his case demanded, and requesting that he might be permitted to come to the United States under such restrictions as his Majesty, the Emperor, might think it expedient to prescribe. What influence this letter may have had on the mind of the Emperor, or on the fate of Lafayette, is not known. When restored to liberty, he was delivered over, by order of the Austrian government, to the American consul at Hamburg. George When the wife and daughters of Lafayette left France, to join him in the prison of Olmutz, his son, George XIX. 1796. Washington Lafayette, came to the United States. He CHAPTER was affectionately received into the family of President Washington, where he resided nearly two years, till he returned to Europe on hearing of the liberation of his father. Not long after the treaty was conditionally ratified by the Senate, a copy of it was furnished to the French minister, M. Adet, the successor of M. Fauchet. He objected to some parts of it, as at variance with the treaty subsisting between France and the United States. His objections were answered by the Secretary of State, and such explanations were given as showed, that the treaty could in no degree injure the interests of France, and that the government of the United States was resolved faithfully to fulfil their compact with that nation, according to the strict principles of neutrality, which it was bound to observe in regard to the belligerent powers of Europe. But the rulers of the French republic had viewed with jealousy Mr. Jay's negotiation, as diminishing their hope of a war between Great Britain and the United States; and it is not surprising, that they should be quick to find out points in the treaty, which, by their construction, might be turned to the disadvantage of France. Foreseeing this result, and anxious to remove every ground of dissatisfaction, Washington caused very full instructions to be sent to Mr. Monroe, that he might be able to explain the articles of the treaty, as understood by the American government, and also their designs and conduct in making it. French min ister objects to the Brit ish treaty. recall from From the tenor of Mr. Monroe's letters, and from the Monroe's proceedings of the French Directory, the President was France. led to believe, that the minister had been backward in using his instructions, and in furnishing the required explanations. It was known, likewise, that he was hostile to the treaty; and of course, with the best disposition to do his duty, he could hardly enter into the views of the government with the zeal, and represent them with the force of conviction, which the importance of the occasion |