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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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TO ROBT. R. LIVINGSTON.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


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TO ROBT. R. LIVINGSTON.[104]

Mad. Mss.
Dr Sir

Your favour of July 6. having been addressd to
Williamsburg, instead of Orange C. Ho[u]se, did not
come to hand till two day ago. Your gloomy Picture
of the Treatys does not exceed my Ideas of it.[105]
After yealding terms which would have been scorned
by this Country in the moment of its greatest embarrissments,
& of G. Britain's full enjoyment of
peace & confidence, it adds to the ruinous bargain
with this Nation a disqualification to make a good
one with any other. In all our other Treaties it has
been carefully stipulated that the Nation to be
treated as the most favored Nations & to come in
for all new privileges that may be granted by the


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U. States, must pay for them the same or an equivalent
price with the Grantee. The proposed Treaty
with G. B., disregarding this obvious rule of justice
& equality, roundly agrees that no duty restriction
or prohibition with respect to ships or merchandize
shall be applied to G. B., which do not operate on
all other nations (see Art. XV). should any other
Nation therefore, be disposed to give us the most
precious & peculiar advantages in their trade, in
exchange for the slightest preferences in ours, this
Article gives G. B. a negative on the transaction;
unless it be so modified as to let her in for the favour
without paying the price of it. But what Nation
would be willing to buy favours for another; especially
when the Inducement to buy & the value of
the purchase might depend on the peculiarity of the
favour. it must be seen at once that this extraor
dinary feature would monopolize us to G. B., by
precluding any material improvement of our existing
Treaties, or the hope of any new ones that would
be of much advantage to us. That so insidious an
article should have occurred to lord Grenville's
jealousy of the U. S. & his policy of barring their
connection with other Countries & particularly with
the French republic, can surprise no one The concurrence
of the American Envoy may not be so
easily explained, but it seems impossible to screen
him from the most illiberal suspicions without referring
his conduct to the blindest partiality to the
British Nation & Govt. & the most vindictive sensations
towards the Fh. Republic. Indeed, the Treaty

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from one end to the other must be regarded as a
demonstration that the Party to which the Envoy
belongs & of which he has been more the organ than
of the U. S., is a British party systematically aiming
at an exclusive connection with the British Governt
& ready to sacrifice to that object as well the dearest
interests of our commerce as the most sacred dictates
of National honour. this is the true Key to
this unparalleled proceeding, & can alone explain it
to the impartial & discerning part of the Public.
the leaders of this Party stand self condemned in
their efforts to paliate the Treaty by magnifying the
necessity of the British commerce to the U. S. &
the insufficiency of the U. S. to influence the regulation
of it. you will find on turning to a Pamphlet
addressed to your people by Mr. Jay when the
Federal Constitution was before them, that he then
could see our power under such a Constitution to
extort what we justly claimed from G. B., & particularly
to open the W. India ports to us. as an
Agent for the Constitution he now voluntarily abandons;
the very object which as an advocate for the
Constitution he urged as an argument for adopting
it,—read also the Paper N°. XI in the Publication
entitled the Federalist for the view of the subject
then inculcated by another advocate,—it is with
much Pleasure I assure you that the sentiments &
voice of the People in this State, in relation to the
attempt to Prostrate us to a foreign & unfriendly
Nation, are as decided & as loud as could be wished.
many, even of those who have hitherto rallied to the

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most exceptionable Party measures, join in the general
indignation agst the Treaty. the few who hold
out will soon be under the Dilimma of following the
example or of falling under imputations which must
disarm them of all injurious influence. you will see
by the N. papers that the City of Richmond has
trodden in the steps of the other Cities by an unanimous
address to the President. You will remark
that our chancellor, Mr. Wythe, presided in the
meeting, a circumstance which will draw the more
attention to it, as he is not only distinguished for
his moderation of character; but was President of
the Meeting which addressed the P. in support of
his proclamation of Neutrality. How far the other
Towns & Counties will Imitate Richmond is uncertain.
If they should be silent, it will assuredly be
the effect in the former of a supposed notoriety of
their harmony in opposition, &, in the latter to the
same cause added to the dispersed situation of the
People. I think it certain, that there is not a Town
or county in this State (except perhaps Alexandria)
where an Appeal to the Inhabitants would be attended
with any show of opposition. You will readily
conclude therefore that here, the Public do not
need the measure to which you report. With respect
to the P. his situation must be a most delicate
one for himself as well as for his Country; & there
never was, as you observe, a crisis where the friends
of both ought to feel more solicitude or less reserve.
At the same time, I have reasons, which I think
good for doubting the Propriety & of course utility

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of uninvited communications from myself. He cannot,
I am persuaded, be a stranger to my oppinion
on the merits of the Treaty; & I am equally persuaded
that the state of the Public oppinion within
my sphere of information will sufficiently force itself
on his Attention.

It is natural eno' for the Apologists of the Treaty
to lay hold of the Doctrine maintained by Mr. Jefferson
but whether that Doctrine be right or wrong,
they might be reminded that he expressly urges the
Policy of guarding agst it instead of establishing it
by Treaty. the appeal to him therefore must add
to their condemnation. See his letter to Mr. G.
Morris explaining the discussions with Mr. Genet.

With respect &c &c.
 
[104]

The letter is not in Madison's hand, but some corrections in its
body are.

[105]

The treaty was concluded November 19, 1794, reached the United
States soon after the adjournment of Congress. March 3, 1795, and
was laid before the Senate in special session June 8. It was ratified
June 24, with an amendment, providing that Article XII. be suspended.
This article stipulated that American commerce with the
West Indies should be restricted to American ports, and that British
vessels engaged in West Indian commerce should have equal rights
with American vessels in American ports. The Senate adjourned
June 26. On June 12, four days after the treaty was laid before the
Senate, and while it was still a secret document, Pierce Butler, Senator
from South Carolina, wrote to Madison that he would send him by
each post a sheet of the treaty till he had received the whole. He
was to show it to Jefferson alone. He asked Madison to give him
the benefit of his free opinion of the treaty (Mad. Mss.). Stevens
Thomson Mason, Senator from Virginia, gave a copy of the treaty
to The Aurora, which printed it June 30, one day before it was to have
been made public by Washington.