The Life of John Marshall
Chapter 87 : [607] _Am. St. Prs., For. Rel._, ii, 158; Marshall's Journal, Official Copy; MS.,

[607] _Am. St. Prs., For. Rel._, ii, 158; Marshall's Journal, Official Copy; MS., Ma.s.s. Hist. Soc., 2. The envoys' dispatches to the Secretary of State were prepared by Marshall, largely, from his Journal. Citations will be from the dispatches except when not including matter set out exclusively in Marshall's Journal.

[608] Marshall's Journal, Oct. 11, 2-4.

[609] _Am. St. Prs., For. Rel._, ii, 8-11, and 158. Fulwar Skipwith was consul; but Mountflorence was connected with the office.

[610] _Am. St. Prs., For. Rel._, ii, 157. Italics are mine.

CHAPTER VII

FACING TALLEYRAND

Society is divided into two cla.s.ses; the shearers and the shorn.

We should always be with the former against the latter.

(Talleyrand.)

To lend money to a belligerent power is to relinquish our neutrality. (Marshall.)

Diplomatically Marshall and his a.s.sociates found themselves marooned.

Many and long were their discussions of the situation. "We have had several conversations on the extraordinary silence of the Government concerning our reception," writes Marshall in his Journal. "The plunder of our commerce sustains no abatements, the condemnations of our vessels are press'd with ardor ... our reception is postponed in a manner most unusual & contemptuous.

"I urge repeatedly that we ought, in a respectful communication to the Minister [Talleyrand] ... to pray for a suspension of all further proceedings against American vessels until the further order of the Directory....

"We have already permitted much time to pa.s.s away, we could not be charged with precipitation, & I am willing to wait two or three days longer but not more.... The existing state of things is to France the most beneficial & the most desirable, but to America it is ruinous. I therefore urge that in a few days we shall lay this interesting subject before the Minister."[611]

Marshall tells us that Gerry again opposed action, holding that for the envoys to act would "irritate the [French] Government." The Directory "might take umbrage."[612] Besides, declared Gerry, France was in a quandary what to do and "any movement on our part" would relieve her and put the blame on the envoys. "But," records Marshall, "in the address I propose I would say nothing which could give umbrage, & if, as is to be feared, France is determined to be offended, she may quarrel with our answer to any proposition she may make or even with our silence."

Pinckney agreed with Marshall; but they yielded to Gerry in order to "preserve unanimity."[613]

Tidings soon arrived of the crus.h.i.+ng defeat of the Dutch fleet by the British; and on the heels of this came reports that the Directory were ready to negotiate with the Americans.[614] Next morning, and four days after the mysterious intimations to the American envoys from Talleyrand through his confidential secretary, a Parisian business man called on Pinckney and told him that a Mr. Hottenguer,[615] "a native of Switzerland who had been in America,"[616] and "a gentleman of considerable credit and reputation," would call on Pinckney. Pinckney had met Hottenguer on a former occasion, probably at The Hague. That evening this cosmopolitan agent of financiers and foreign offices paid the expected visit. After a while Hottenguer "whispered ... that he had a message from Talleyrand." Into the next room went Pinckney and his caller. There Hottenguer told Pinckney that the Directory were "exceedingly irritated" at President Adams's speech and that "they should be softened."

Indeed, the envoys would not be received, said Hottenguer, unless the mellowing process were applied to the wounded and angry Directory. He was perfectly plain as to the method of soothing that sore and sensitive body--"money" for the pockets of its members and the Foreign Minister which would be "at the disposal of M. Talleyrand." Also a loan must be made to France. Becoming still more explicit, Hottenguer stated the exact amount of financial salve which must be applied in the first step of the healing treatment required from our envoys--a small bribe of one million two hundred thousand livres [about fifty thousand pounds sterling, or two hundred and fifty thousand dollars].

"It was absolutely required," reports Marshall, "that we should ... pay the debts due by contract from France to our citizens ... pay for the spoliations committed on our commerce ... & make a considerable loan....

Besides this, added Mr. Hottenguer, there must be something for the pocket ... for the private use of the Directoire & Minister under the form of satisfying claims which," says Marshall, "did not in fact exist."[617]

Pinckney reported to his colleagues. Again the envoys divided as to the course to pursue. "I was decidedly of opinion," runs Marshall's chronicle, "& so expressed myself, that such a proposition could not be made by a nation from whom any treaty, short of the absolute surrender of the independence of the United States was to be expected, but that if there was a possibility of accommodation, to give any countenance whatever to such a proposition would be certainly to destroy that possibility because it would induce France to demand from us terms to which it was impossible for us to accede. I therefore," continues Marshall, "thought we ought, so soon as we could obtain the whole information, to treat the terms as inadmissible and without taking any notice of them to make some remonstrance to the minister on our situation & on that of our countrymen." Pinckney agreed with Marshall; Gerry dissented and declared that "the whole negotiation ... would be entirely broken off if such an answer was given as I [Marshall] had hinted & there would be a war between the two nations." At last it was decided to get Hottenguer's proposition in writing.[618]

When Pinckney so informed Hottenguer, the latter announced that he had not dealt "immediately with Talleyrand but through another gentleman in whom Talleyrand had great confidence." Hottenguer had no objection, however, to writing out his "suggestions," which he did the next evening.[619] The following morning he advised the envoys that a Mr.

Bellamy, "the confidential friend of M. Talleyrand," would call and explain matters in person. Decidedly, the fog was thickening. The envoys debated among themselves as to what should be done.

"I again urg'd the necessity of breaking off this indirect mode of procedure," testifies Marshall; but "Mr. Gerry reprobated precipitation, insisted on further explanations as we could not completely understand the scope & object of the propositions & conceiv'd that we ought not abruptly object to them." Marshall and Pinckney thought "that they [Talleyrand's demands] were beyond our powers & ... amounted to a surrender of the independence of our country."[620] But Gerry had his way and the weaving of the spider's web went on.

Two hours after candlelight that evening Hottenguer and Bellamy entered Marshall's room where the three Americans were waiting for them; and Bellamy was introduced as "the confidential friend of M. Talleyrand," of whom Hottenguer had told the envoys. Bellamy was, says Marshall, "a genevan now residing in Hamburg but in Paris on a visit."[621] He went straight to the point. Talleyrand, he confided to the envoys, was "a friend of America ... the kindness and civilities he had personally received in America" had touched his heart; and he was burning to "repay these kindnesses." But what could this anxious friend of America do when the cruel Directory were so outraged at the American President's address to Congress that they would neither receive the envoys nor authorize "Talleyrand to have any communications with" them.

Bellamy pointed out that under these circ.u.mstances Talleyrand could not, of course, communicate directly with the envoys; but "had authorized"

him to deal with them "and to promise" that the French Foreign Minister would do his best to get the Directory to receive the Americans if the latter agreed to Talleyrand's terms. Nevertheless, Bellamy "stated explicitly and repeatedly that he was clothed with no authority"--he was not a diplomat, he said, but only the trusted friend of Talleyrand. He then pointed out the pa.s.sages from Adams's address[622] which had so exasperated the French rulers and stated what the envoys must do to make headway.

The American envoys, a.s.serted Bellamy, must make "a formal disavowal in writing ... that ... the speech of the Citizen President," Barras, was "not offensive" to America; must offer "reparation" for President Adams's address; must affirm that the decree of the Directory,[623]

which Adams had denounced, was not "contrary to the treaty of 1778"; must state "in writing" the depredations on American trade "by the English and French privateers," and must make "a formal declaration"

that Adams in his speech to Congress had not referred to the French Government or its agents: if all this were done "the French Republic is disposed to renew their old-time relations with America" by a new treaty which should place France "with respect to the United States exactly on the same footing as they [the United States] should be with England."

But, said Bellamy, there must be a secret article of this new treaty providing for a loan from America to France.[624]

Impossible as these terms were, the whole business must be preceded by a bribe. "I will not disguise from you," said Bellamy, "that this situation being met, the essential part of the treaty remains to be adjusted.... _You must pay money--you must pay a great deal of money._"

Little was said about the two hundred and fifty thousand dollars bribe; "that," declare the envoys' dispatches to the American Secretary of State, "being completely understood on all sides to be required for the officers of the government, and, therefore, needing no further explanation." When all these conditions were complied with, said Bellamy, "M. Talleyrand trusted that, by his influence with the Directory, he could prevail on the government to receive" the Americans. For two hours the talk ran on. Before Talleyrand's agents left, the anxiously hospitable Gerry invited them to breakfast the next morning.

Into consultation once more went the envoys. "I pressed strongly,"

writes Marshall in his Journal, "the necessity of declaring that the propositions were totally inadmissible" and that "it was derogatory from the honor and wounded the real interests of our country to permit ourselves, while unacknowledg'd, to carry on this clandestine negotiation with persons who produced no evidence of being authoriz'd by the Directoire or the Minister to treat with us. Mr. Gerry was quite of a contrary opinion & the old beaten ground about precipitation &c. was trodden once again. Gen'l Pinckney advocated decidedly the same opinions with myself & we determined that the next morning should positively put an end to these conferences."[625]

"On our retiring," continues Marshall's narrative, "Mr. Gerry began to propose further delays & that we shou'd inform them [Talleyrand's go-betweens] that we wou'd take their propositions into consideration--I improperly interrupted him & declared that I wou'd not consent to any proposition of the sort, that the subject was already considered & that so far as my voice wou'd go I wou'd not permit it to be supposed longer that we cou'd deliberate on such propositions as were made to us."

Pinckney agreed with Marshall; but, for harmony's sake, Marshall finally said that he would return to America to "consult our government" on this express condition only--"that France should previously and immediately suspend all depredations upon American commerce." For once, Gerry a.s.sented and a letter was written accordingly.[626]

Hottenguer was prompt in his engagement to breakfast with Gerry the next morning; but Bellamy did not come till ten o'clock, explaining that he had been closeted with Talleyrand. Bellamy was much depressed; the Directory, he declared, would not receive the envoys until the latter had disavowed President Adams's speech, _unless_ they "could find the means to change their [the Directory's] determination in this particular." What were such "means?" asked the envoys. "I am not authorized to state them," said Bellamy. "You must search for them and propose them yourselves."

Still, Bellamy, merely as an individual, was willing to suggest such "means." It was money, he explained. The "Directory were jealous of their own honor and the honor of the nation"; they demanded the same treatment formerly accorded to the King; and their "honor must be maintained in the manner required" unless "the envoys subst.i.tuted ...

something perhaps more valuable, and that was money."[627]

It was all so simple, according to Bellamy. All that the envoys had to do was to buy thirty-two million florins of Dutch inscriptions at twenty s.h.i.+llings to the pound. "It was certain," he a.s.sured the Americans, "that after a time the Dutch Government would repay ... the money, so that America would ultimately lose nothing" and everybody would be happy. But even if the envoys made the loan in this way, the bribe of two hundred and fifty thousand dollars must be paid in addition.

Thereupon the envoys handed him the letter which Marshall had prepared the night before, which stated that they had no power to make a loan, but could send one of their number to America for consultation and instruction.

Bellamy was "disappointed" and at once modified his language. Why did the envoys treat the money proposition as coming from the Directory? It was only his own personal suggestion. Then "what has led to our present conversation?" asked the envoys. Pinckney recalled Hottenguer's first visit and the latter confirmed Pinckney's account.

Upon the envoys stating the differences between France and America, to settle which was the purpose of their mission, and gently resenting the demands made upon them, Bellamy became excited. The envoys' conduct was not to be borne, he exclaimed; let them beware of the resentment of France. They "could not help it," answered the envoys--the Directory must look after France; the envoys must look after the United States.

Bellamy was "in despair." What a provincial view these Americans took of a diplomatic negotiation! They must broaden their horizon. They must acquire worldly wisdom. They must remember "the respect which the Directory required"; they must realize that that august body "would exact as much as was paid to the ancient kings." The envoys would not be received without it; that was flat, Bellamy informed them; and "he seemed to shudder at the consequences."

Marshall and Pinckney simply would not see the point. But Gerry was a man of the world who could understand European diplomacy. Marshall declared that the envoys were there to adjust international differences.

If, however, France "would make war," then, said they: "We regret the unavoidable necessity of defending ourselves."[628]

For a little while Talleyrand's leeches dropped away from the perplexed Americans. Marshall reported to Was.h.i.+ngton French conditions as he had observed them up to that time. He confirms to the former President the American report that French agriculture had been improved "in the course of the present war":--

"In that part of the country through which I have pa.s.sed the evidences of plenty abound. The whole earth appears to be in cultivation & the harvests of the present year appear to be as productive as the fields which yield them are extensive.

"I am informed that every part of the country exhibits the same aspect.

If this be the fact, there will probably remain, notwithstanding the demands of the armies, a surplus of provisions."

Marshall briefly but clearly a.n.a.lyzes the economic and commercial outcome of the war:--

"Manufactures have declined in the same ratio that the cultivation of the soil has increas'd. War has been made upon the great manufacturing towns & they are in a considerable degree destroy'd. With manufactures France does not supply herself fully from her internal resources.

"Those of Britain flow in upon her notwithstanding the most severe prohibitory laws. The port of Rotterdam is purposely left open by the English & their goods are imported by the Dutch under Prussian and other neutral colors. They are smuggled in great quant.i.ties into France.

"Peace, then, will find this [French] nation entirely competent to the full supply of her colonies with provisions and needing manufactures to be imported for her own consumption.... France can take from America tobacco & raw cotton she can supply us with wines, brandies & silks."

Marshall then makes a searching commentary on French politics.