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To George Washington from Timothy Pickering, 28 September 1795

From Timothy Pickering

Philadelphia Septr 28. 1795.

Sir,

I received your letter of the 23d, last Saturday, and immediately wrote to Mr Boudinot to communicate your ideas expressed in the first paragraph of it.1

By to-morrow’s post I will acknowledge Mr Kinlock’s letter; altho’ as you observe, the case of his nephew appears to be remediless.2

The French letter is from an Emigrant residing at Lausanne in Switzerland, “who has remained faithful to his unfortunate monarch and to the constitution which he accepted.”3 He had for many years resided near the King of Prussia, in quality of minister of Malta. This leads him to revive the project which he had learnt from M. de la Fayette had existed, of establishing some relations between the U. States and that Island: and he says that he proposed the plan to the Grand Master, under whose orders he addressed a note on the subject to Mr Pinckney at London, which he supposes must have been transmitted to you.4

As a means of commencing these relations, he offers himself for the office of consul at Malta, where the American vessels trading to the Levant might find a sure refuge against the corsairs of Barbary. For his services he would hope to merit some recompense. Should no consulate be established at Malta, he tenders his services for the same employment at some port in Italy.

To remove any political objection, he says he has never borne arms against his country: and his character would have been made known to you by Madame de la Fayette; if he could with safety to her, have asked it. His distress is his only title to your attention: He has lost his “country, rank and fortune.”

This is the amount of his long letter, on which no measure can at present be contemplated; and an acknowledgement of the receipt of it, should that be thought proper, may be postponed till your return to Philadelphia.5 I have the honour to be with the highest respect, sir, your most obt servant

Timothy Pickering

P.S. An address from Judge Walton and some other gentlemen at Augusta in Georgia, stating objections to the treaty, has been received: but in his letter covering their representation, the judge says that the intelligence of your having ratified the treaty had come to hand, since the dissolution of their meeting: notwithstanding which he felt himself bound to transmit their proceedings, which he desired might be laid before you; and which are therefore inclosed. Under the circumstances of the case no answer from you seemed necessary. I will just acknowledge the receipt of his letter, and inform him that the proceedings have been transmitted to you, with his letter.6

T. Pickering

ALS, DNA: RG 59, Miscellaneous Letters; ALS (letterpress copy), MHi: Pickering Papers.

1The previous Saturday was 26 September. Pickering’s letter to Elias Boudinot has not been identified.

2For Pickering’s letter to Francis Kinloch, see GW to Pickering, 23 Sept., n.2.

3Pickering was referring to the letter from Joseph de Maisonneuve (born c.1748) to GW that was enclosed with GW’s letter to Pickering of 23 September. Maisonneuve’s letter has not been found. Maisonneuve was a French officer who spent some time in the service of Poland. He was named to the Order of St. Louis in 1791, and he filled a variety of diplomatic posts in Europe for the Order of Malta during the late 1780s and the 1790s.

4The plan was described in a memorial of 4 Nov. 1794 that Maisonneuve sent to Thomas Pinckney with a letter of the same date. Pinckney enclosed the document to Edmund Randolph in his dispatch of 10–22 Dec. 1794. The memorial offered to the United States the use of Malta as a free port and protection for U.S. ships by the vessels of the Order of Malta, in return for granting land on the coasts of America to the Order for settlement by members of the Order under the laws of the United States (all documents DNA: RG 59, Despatches from U.S. Ministers to Great Britain).

5Pickering replied to Maisonneuve on 14 Nov. (MHi: Pickering Papers).

6George Walton addressed his letter—dated 4 Sept. and containing the proceedings of a Richmond County, Ga., meeting held on 1 Sept.—to Randolph as secretary of state. Walton wrote: “In executing this duty, I beg to be considered as doing it with all possible consideration and respect to the Supreme Executive of the Union.” Notes on the back of the letter erroneously attribute it to “the Citizens of Richmond County Virginia” and indicate an “answer within.” A docket on the cover reports that the letter was “recd 19. [Sept.] 1795,” and a note below in GW’s writing states that Pickering, as “Temporary Secy of State,” acknowledged the letter (DLC:GW).

Attendees at the Augusta meeting wrote that when GW had nominated John Jay to negotiate a treaty with Great Britain, “the object of his appointment, was, a ‘friendly adjustment of our complaint.’ And that, ‘going immediately from the United States, such an Envoy will carry with him a full knowledge of the existing temper and sensibility of our Country; and will thus be taught to vindicate our rights with firmness, and to cultivate peace with sincerity.’”

But “the Treaty … does not correspond with the objects of this appointment,” nor was it “calculated to promote the prosperity of the Country which made it. On the contrary, it appears that the Envoy lost sight of the causes which were declared to lead to his appointment, and … subscribed to engagements suited to the present circumstances of England only.

“The basis of all National Treaties, reciprocity of interests, has been laid aside; and our Commerce put under the control of England. In the East Indies it is to exist only by her guardianship and direction. To the West Indies we may go in small vessels, until she shall see cause to reconsider the state of her possessions in that quarter.

“Her fleets and armies may commit any depredations upon our coasts, and seaports; and no reprisals can take place, until a plaintive demand is made, and a tedious Negociation is gone through: in which she would have time to fasten upon all the strong holds of the Union.

“We are restrained from allowing any favor to other Nations, without extending them to her; and several articles of commerce are declared to be contraband, which are contracted to be otherwise by existing Treaties. So that, in the first instance, we cannot favor those to whom we are indebted and inclined: nor, in the second, fulfil our solemn engagements: by which we make the world our enemies, for the precarious favor of England.

“The enforcement of the Treaty of peace, in respect to the removed negroes, has been relinquished; and compensation for the spoliations complained of, is made to depend upon a dilatory process, and the incertainty of chance: while future captures and detentions are made lawful.

“The Tribunals of justice are censured in general terms; and made the grounds of superceding their authority by a commissioner of chance, which may involve some of the states in millions of Expence.

“Privateers giving security in an inconsiderable sum will scarcely restrain them. It will rather be a licence for captures, by subjecting them to the penalty only, in taking the richest vessels: nor does it appear that such security could be availed by an American citizen.

“Even the exception to the 12th article has been partially made; for it appears that the Senate has approved the whole of the Treaty, except so much of that article ‘as respects the Trade which his said Majesty thereby consents may be carried on between the United States and his Islands in the West Indies, in the manner, and on the terms and conditions therein specified.’ So that the other part of the same article, which prohibits the exportation of cotton from the United States, is not included in the exception.

“This is particularly injurious to this State; for the cultivation of cotton has become, within these few years, one of the greatest conveniencies of the citizens; and the improvements in machinery are extending its cultivation. It is light and portable; and is the article most conveniently carried to market to obtain foreign necessaries. A prohibition to export it, therefore, will be sensibly felt, and may have a direct tendency to disaffect the minds of the people to the General Government.

“But it is said, that it may be exported in British Bottoms. Admit this; and the injury is encreased, by the addition of insult. To be restrained from exporting the produce of our own fields, in our own vessels, is to submit, not to treat.

“In fact, this Treaty, if ratified, and its several parts allowed to operate as the supreme law of the land, essential articles of the Constitution will be violated, and the necessity of a Congress superceded: any other modification of law, being inferior, would be useless and null.

“It will remove the boundaries of the United States, as fixed by the definitive Treaty, upon the basis of our Independence; and they must remain a float, unless again made by ‘Warriors,’ or more faithful negociators.

“Should the troops be removed from the western posts, which have hitherto been detained in violation of a former Treaty, at the distant period of the second engagement, the British subjects are to remain; and to continue the fee of their possessions. This is an actual cession, of the key of the Lakes to the Crown of England; and with it the Trade of the Savages. It is consenting to establish the British Empire in the bosom of the Union, to the dishonor of our sovereignty, and at the risque of our safety.

“But we are disgusted with the detail; and in short, such are the concessions to the Crown of Great Britain, that, to those who recollect, or will review, the causes assigned in the Declaration of our Independence, and separation from that Nation, it will appear astonishing, that such articles could ever have been subscribed, in the same age, with the same King and Nation, and in the name of the people who had profusely shed their blood to support the former.

“We cannot but consider, therefore, that, to ratify the said Treaty, would be an abuse of the mercies of Heaven, by whose blessing and protection we established our liberty, Independence and Government; an entire disregard of the fate and welfare of our Republican friends and allies the French Nation; and an abandonment of the true interests of the United States.”

The letter was signed by Walton as chairman, as well as by former governor Edward Telfair and 13 others (DLC:GW).

Pickering wrote Walton on 30 Sept. to acknowledge receipt of the letter and proceedings (DLC:GW). On 2 Oct., GW wrote Pickering that he had not received those papers (ALS, CSmH), but on 5 Oct. he notified Pickering that the documents had reached Mount Vernon (transcript, MHi: Pickering Papers).

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