4.3: John Trumbull and James Madison: The Artist and Antagonist of Jay’s Treaty

One was the preeminent politician of his time who helped shape that America we have today, well-versed in history, philosophy, and political theory.  The other is mainly known as a painter, but an influential one at that.  So what do they have in common, along with their status as Americans?  Well, for our purposes, they each played a role in the stage surrounding one of the most controversial pieces of diplomacy of the Federalist Era: Jay’s Treaty.   In this episode of History: Beyond the Textbook, our last in our arc on “Divisions,” we’ll explore diplomacy through the eyes of John Trumbull and James Madison: the Artist and the Antagonist of Jay’s Treaty.

Key People

John Trumbull

James Madison

John Jay

James Monroe

Philip Freneau

George Washington

Key Events/Ideas

Jay's Treaty

Two-party system

Impressment

Tariff of 1789

Pinckney's Treaty

Washington's Farewell Address

We're back for Season Four of History: Beyond the Textbook! This season will focus on the stories of individuals who shaped "America's Federalist Era" in the years roughly 1789-1800. The first six episodes will release every Tuesday from October 28-December 2, while the second six episodes will be released every Tuesday from February 17-March 24. Catch up on Season One, "America's Colonial Era," Season Two, "America's Revolution," and Season Three, "America's Crucial Years," wherever you listen to your podcasts!

Feel free to contact us with feedback or questions by clicking the "Send Us a Text" link or email us at: hbttpodcast@gmail.com

Transcript

One was the preeminent politician of his time who helped shape that America we have today, well-versed in history, philosophy, and political theory.  The other is mainly known as a painter, but an influential one at that.  So what do they have in common, along with their status as Americans?  Well, for our purposes, they each played a role in the stage surrounding one of the most controversial pieces of diplomacy of the Federalist Era: Jay’s Treaty.  Wait…an entire episode devoted to a single treaty?  While immensely unpopular at the time, this treaty charted a course for the United States to approach relations with foreign nations, as well as providing breathing room for the nation to grow without the looming threat of war.  Its provisions certainly gave England the upper hand, and for that, President Washington would pay dearly in the Republican press for his endorsement of it.  He would also finally see that his former confidant, James Madison, was leading the charge against his policies in the House of Representatives as one of the leaders of that same party.  We’ll also focus on John Trumbull in this episode: a painter by trade, he was to serve as the titular Jay’s secretary for the negotiations, and would remain in Europe for the succeeding decade, proving that you can’t always pigeonhole somebody into a specific role based on your assumptions of their talents.  In this episode of History: Beyond the Textbook, our last in our arc on “Divisions,” we’ll explore diplomacy through the eyes of John Trumbull and James Madison: the Artist and the Antagonist of Jay’s Treaty.

Act I: Seeds of Division

This is the last formal episode that addresses “Division” in the Federalist Era…namely, the division between the aforementioned Federalists and the opposition Democratic-Republicans.  Those who politically agreed with these individuals simply referred to themselves as “Republicans,” so that’s the terminology that we’ll use, but bear in mind that they are not related to the modern Republican Party.  Yeah, not the easiest point to get across in a high school history class, but at least its easier to just use the phrase that is accurate to the time frame.  So how did we arrive at the genesis of this two-party system, a system that was allegedly despised by the men who wrote and shaped the U.S. Constitution?  In simplified form, it’s easy to claim that the “Federalists” and “Republicans” were an offshoot of the opposing sides of the ratification debate: the “Federalists” remained as such, while the “Antifederalists” became the “Republicans.”  And for the most part, most individuals kept their allegiances…with the exception of James Madison.  Historian Joseph J. Ellis provides the most compelling account of the birth of this party, and Madison’s role in founding it, and it goes something like this: Federalists were winning at an unbelievable level, nationally speaking.  Hamilton’s financial plan, including the Bank and whiskey tax from episode 4.1, were signed into law.  Shortly following the passage of the Bank bill, Jefferson and Madison, along with Jefferson’s chef, James Hemmings, sought a break from politics, so they went on a cruise of the northern state.  This tour, which began in spring 1791, was officially a botanical expedition, making note of the plants of the region.  Off the books, they were building a network of political allies that would resist future attempts by Federalists to steer the nation in the direction of monarchy.  A primary result of the trip, in addition to alliance-building, was the hiring of Philip Freneau to a position as translator in the State Department.  Freneau was a college classmate of Madison’s, and he was fluent in French…but he also was an editor, and Freneau was a clear plant inside the Washington administration.  He was to publish a newspaper called National Gazette, and this paper was to be the editorial arm of the Republican Party.  We’re still in very early stages of what a modern political party looks like, but controlling the narrative for propaganda purposes…well, both groups now had mechanisms in place.  And thus, we can say that the Republican Party is officially born.

Act II: Anger Against England

So we’ve got our recap of how the Republican Party began, and our last two episodes emphasized how internal and external events widened the gulf between the supporters of each party.  We’ll spend this act examining the crucial issues that specifically led to John Jay’s mission to negotiate a peaceful solution with the British. 

To an extent, the issues surrounding Jay’s Treaty are a fusion of problems that were unresolved following the Peace of Paris and a continuation of the conflict that spilled beyond France’s borders following the French Revolution.  The Washington Administration had declared a policy of neutrality to avoid entanglement in that conflict, but the British took steps to prevent American merchant ships from conducting trade with the French.  To be fair, both British and French navies sought to prevent American trade with the other, so both seized American ships; however, the British upped the ante when they increased the practice of impressment of American sailors.  Impressment was the process by which the British Navy forced men into service for said institution; back in the major cities of England, it became common for “press gangs” to roam the back alleys and conscript men into the Navy so that they could man their ships against the French.  However, as we shall also see leading up to the War of 1812, many of these conscripted sailors decided that a military life at sea was not for them, so when presented with the opportunity to “jump ship” and serve on American merchant marine, or trading, vessels, they did so.  The captains of these American ships were usually eager enough to forge citizenship papers for these British men since they also needed experienced men to crew their ships; so in a sense, there was justification when British ships would board American ships and attempt to “reclaim” their AWOL sailors.  Unfortunately, they would also seize American citizens in the process; British law dictated that “once an Englishman, always an Englishman,” so rightly-born American citizens were also pressed into service for His Majesty.  Granted, this issue certainly isn’t going anywhere for several decades, but its increase irked Republicans like Jefferson and James Monroe.

In addition to stymying trans-Atlantic trade, as well as kidnapping Americans, the British continued to occupy American territory.  With the exception of the Floridas and disputed territory near the mouth of the Mississippi River, the borders of the United States stretched from the Atlantic Ocean to that mighty Mississippi River.  This meant that the British were supposed to vacate any and all forts that they occupied within the nation...yet they took their sweet time leaving the ones in the Northwest Territory.  Essentially, they not only refused to leave the Midwest, but rumors swirled that the British were arming and even inciting Indigenous fighters in their attacks on American frontier settlements.  As we shall see next week, the U.S. Army took action to stop this in a series of violent clashes with said fighters, but the continued presence of the British military on U.S. soil at places such as Detroit, Michigan, and Oswego, New York, was more than a little problematic.  The Republicans were angling for war with England to protect commercial rights and uphold our national honor, but Federalists, led by Alexander Hamilton, were quite hesitant to do so…partially because of their preferences towards that nation, but also because they felt that England should be the natural partner and ally of the United States.  Much of England’s actions towards American ships occurred in the Caribbean, so when they decided to halt this practice, Washington saw an opening that allowed for a diplomatic solution.  Hamilton not only recommended Supreme Court Chief Justice John Jay for the job, which Washington granted, but he also provided the Chief Justice with instructions on how to proceed with the negotiations.  More or less, Jay was to directly negotiate on the seizure of American ships, the British occupation of forts in the Northwest, and negotiate a commercial treaty that would benefit both sides.  With this, Jay sailed off to London, and the secretary who accompanied him was not exactly who one would expect for a mission such as this. 

Act III: Secretary Trumbull

As we explore our first subject, John Trumbull, let’s clarify a few items: his father was Jonathan Trumbull, Sr., and one of his older brothers was Jonathan Trumbull, Jr….and John Trumbull was, just, John.  With three individuals from the same family who bear a variation on the same name, we’ll make it clear which one we are talking about as we go through this act.  Our figure was born into a political family, as his father would serve as Connecticut governor for 15 years that encompassed the pre and post-Revolutionary era; this will help explain the connections he made as an adult and the positions he held that may seem strange for a painter to hold.  As such, his sixth child would enjoy the privilege of enrolling at Harvard, graduating in 1773, but his real passion was art.  He would later write that when he was a child, he would scribble on the floors in an attempt to cultivate his passion.  Such pursuits were not pleasing to his father, hence the enrollment at Harvard, but he was allowed to visit famed artist John Singleton Copley en route to the institution.  The visit alone was enough to carry him through his two years in academia as he would spend most of his free time copying the paintings that adorned the halls of Harvard.  Upon matriculation, he returned home…and the Boston Tea Party occurred soon after, compelling him to join the Continental Army at the urging of his older brother.  He would serve as an aid-de-camp to General Washington, use his artistic skills to sketch the heights surrounding Boston in preparation for combat with the British, and bore witness to the Battle of Bunker Hill that claimed the life of Dr. Joseph Warren.  He obtained the rank of Colonel and would be addressed as “Colonel Trumbull” the rest of his life, but his service in the Continental Army would conclude by 1777.  Three years later, he sailed for England to study with the famed Benjamin West…which maybe wasn’t the best idea for one who still bore the title of “Colonel Trumbull.”  Subsequently, he was arrested for treason as payback for the execution of Major John Andre, Britain’s contact for Benedict Arnold, but he would return to America upon his release in June 1781.  He found himself back in England three years later, again studying under West.  He would remain in Europe for the next five years, creating memorable works of art such as The Surrender of Lord Cornwallis at Yorktown, October 19; 1781 and The Death of General Warren at the Battle of Bunker's Hill, 17 June, 1775, and even visiting Ambassador Jefferson in Paris at the time the latter began his relationship with Sally Hemmings. 

But this, of course, was in the past as John Trumbull would spend the next five years eking out a living as a painter, struggling with the doubt that plagues so many a great artist.  In 1794, he was the man that John Jay selected to be his secretary when the former was tasked with his mission to England.  So, why Trumbull when there were probably dozens of available, more qualified candidates?  It was actually Trumbull’s time in London studying with Benjamin West that tipped the scales in his favor as Jay felt that Trumbull was not only well-acquainted with the inner-workings of the city, but he would also hold “connections to other people of note.”  Besides West, Jay was speaking of famed politician Edmund Burke, who spoke out against the Revolution while in Parliament and even advocated for Trumbull’s release when Trumbull was imprisoned.  The trans-Atlantic journey took about one month to complete, and the commission arrived amidst France’s “Reign of Terror,” which prompted the English government to take measure to prevent the fervor from crossing the English Channel.  With regard to the actual negotiations, Trumbull would have enjoyed a front-row seat for everything, with the impressment of American sailors enjoying top priority.  Some of the negotiations between Jay and his British equivalent, Foreign Secretary William Grenville, were one-on-one, but Jay also found himself the subject of meetings with British politicians of all stripes, along with Americans who happened to be in London for a variety of reasons.  Jay’s social calendar was booked solid during his time as envoy to London, and Trumbull’s journals indicate that he also enjoyed his time abroad, dining with nobility, political bigwigs, and taking in as much culture as he could possibly muster.  The formal agreement was signed in November 1794 after about five months in Britain: in short, Britain would finally evacuate those Northwest forts that they were supposed to have left after the Revolution, the British West Indies were opened up to American trade, and provided British merchants with “most-favored nation status” for specific goods.  This last part more or less meant that the Americans had to provide England with the best possible prices for these goods...but the Brits were not obligated to do the same.  There are other details, but these are what matter the most, and since winter was fast approaching, Jay decided to remain in London while the treaty made its way stateside, not actually returning until April of the following year.  The furor that this agreement caused will be the focus of Act IV, but for now, we’ll complete Trumbull’s role in this story.

Upon the successful negotiation of the “Treaty of Amity, Commerce, and Navigation, Between His Britannic Majesty and the United States of America,” the actual name of the treaty, John Jay travelled back home, and Trumbull went to France with the goal of informing the U.S. minister about the terms of the treaty.  To prevent the terms from leaking out, Jay memorized its terms and was instructed to inform this newly arrived minister, James Monroe, of its contents.  James Monroe is certainly a name that we will address at some point in the podcast, because how can you not bring up the man nicknamed “The Forrest Gump of Presidents,” but for our purposes, it helps to understand that Monroe was more-or-less the Republican successor to Jefferson and Madison.  He already carries a heavy degree of skepticism with regards to American relations with England, and his orders to listen to Trumbull and keep the contents of his message under wraps were deemed unacceptable.  An American merchant in Paris, Benjamin Hitchcorn, claimed that Trumbull had told him about what was in the treaty and that Monroe had nothing to be worried about, so this was the information that Monroe relayed to France’s Committee of Public Safety…the ones who will be responsible for the Reign of Terror.  It came as a shock to Monroe and the French when the terms were published and it appeared as though America was abandoning their Franco alliance.  By this time, Trumbull was in Stuttgart, in modern-day Germany, picking up an engraving of his famous Bunker Hill painting: Monroe believed it to be a pretext for getting the heck out of France so he didn’t have to deal with the fallout of Jay’s Treaty.  His return nearly sparked an international incident as he did not formally have permission to enter France; for that, he needed to consult with Foreign Minister Talleyrand.  In his meandering journey home, he would end up in the Hague, meeting with John Marshall and Thomas Pinckney.  It was 1797, and these were two of the three men that President Adams had dispatched to negotiate a solution to an ongoing crisis with France: Jay’s Treaty really didn’t go over that well, and the details of this meeting will be explored in the back half of this season.  But suffice to say, Trumbull was present for the opening salvos of what became known as the “XYZ Affair.”  Pretty remarkable record for a man who sought to make his living as a painter…and on that subject, would make his way home where he would continue eking out a living via the subject he loved most: art.  It certainly wasn’t easy, but he persisted, even selling scores of his work to Yale University in the early 1830’s and finally bringing in some income.  His paintings are well-known, but his political participation, even if it was on the periphery…maybe not well enough.

Act IV: Mr. Madison Resists

We’ve got the terms of the treaty, along with the fascinating life of an individua who was front and center for the whole thing.  Now it’s time to explore the other side of Jay’s Treaty: the fight over its ratification.

Enter James Madison.  He’s come up numerous times on the podcast because he keeps popping up throughout the early history of the United States.  He was a little too young to enjoy the prestige of his older Virginian colleagues during the American Revolution, but he did his part politically via service on various committees.  In the post-war era, he served in the Confederation Congress where he personally witnessed the deficiencies of the Articles of Confederation, hence his inflamed reaction to Shays’ Rebellion and carefully researched plan for a proposed new government in Philadelphia.  His insistence on the necessity for a new Constitution, despite its flaws, explains his collaboration with Alexander Hamilton on the Federalist essays; short in stature and born with a weak speaking voice that prevented him from fulfilling his early dream of becoming a minister, the bookish Madison compensated by preparing, overpreparing, and doing it all over again when it came to debates and political theory.  This was actually seen as a knock on Madison, as he was perceived as being full of theories without a true understanding of how politics actually worked, with one Congressman claiming he was “a little too much of a book politician.”  He must have done something right because he was elected to serve in the House of Representatives as part of the First Congress, one he claimed was “in a wilderness without a single footstep to guide us.”  Though not officially its “Speaker,” the “Father of the Constitution” was the unquestioned leader of that chamber, and recall that President Washington would frequently invoke his counsel during his first administration, so his abilities and expertise were highly valued by all.  His belief in a stronger central government wasn’t in doubt, and was a major reason why he advocated for a strong tariff in 1789 as a means of raising federal revenue and protecting American businesses.  It wasn’t exactly an easy sell to get northern merchants and Southern planters to agree on something, but Madison was the one who could make it happen, so the Tariff of 1789 passed. 

Understand that a tariff is usually a BIG deal…until it isn’t; recent events have proven this to be true.  This tariff spelled out the goods on which an import tax would be levied, many of them British, and soon-to-be Treasury Secretary Hamilton believed that this law would unnecessarily antagonize our potential trading partners.  Posterity views it as the first crack in the alliance between the two Federalist collaborators, and as we saw in Act I, Madison would fully commit to the opposition and never again claim the moniker of “Federalist.”  The Bank of the United States?  Madison opposed it.  Phillip Freneau’s National Gazette that insulted Washington’s Administration using insider knowledge?  Madison helped found it.  The excise tax and forcible response to the ensuing Whiskey Rebellion? Also in the anti column; Madison even considered Washington’s insistence on blaming the Democratic-Republican societies for having escalated the protests as Washington’s most significant political blunder.  So by the time word of Jay’s Treaty made its way back to the United States in advance of its namesake, Madison was more or less the leader of the Republican Party, and he thus led the opposition to its terms.  The secretive nature of the treaty did not help: the terms weren’t immediately published since President Washington wasn’t sure if it was Constitutionally necessary, but after the Senate was made aware of its contents since they had to ratify it, Republican Senator Stevens Mason of Virginia ensured that all of America knew what was in this deal.  Amidst the open antagonism that Washington was facing, exactly 20 Senators voted to ratify the treaty, which was the bare minimum two-thirds majority necessary for ratification.  Still there was a Constitutional issue in which Madison and his fellow Republicans sniffed an opening: while the Senate bore responsibility for ratifying treaties, this treaty involved trade, and thereby, tariffs and spending.  Since the House had the “power of the purse,” the reasoning held that they should play a role in whether or not it enjoyed ratification.  Madison led the House in passing a resolution declaring that the House needed to consent to the treaty since its provisions would become law, and the House was required to be involved in lawmaking.  Washington, however, was unmoved…and he allowed the treaty to go into effect.

To his end, Madison saw the writing on the wall and understood that the House resolution was a shot in the dark…but he was still disappointed by Washington’s willingness to support yet another Federalist proposal.  The momentum from Jay’s Treaty also paved the way for Pinckney’s Treaty, an agreement with the Spanish in which the United States was finally allowed full access to the Mississippi River, and most importantly, New Orleans, for commercial purposes.  So in negotiating a deal in which he was vilified in the short-term, John Jay also indirectly helped secure the rights to something he had unsuccessfully fought for one decade earlier.  Madison did view this in positive terms, but Federalists had won most major battles up to this point, both economic and diplomatic.  As we’ve seen, he also would no longer serve as an informal advisor to Washington, who was significantly beaten by the battle over Jay’s Treaty.  Now more than ever he wished to legitimately retire and return to Mount Vernon; when he considered this possibility four years previous, Madison was the one who drafted his potential farewell address to the nation.  In 1796, he consulted with Alexander Hamilton, who had resumed his law practice but was more than happy to provide formatting suggestions.  Washington’s Farewell Address, which did include some of what Madison had originally suggested with a strong dose of Washington’s wishes for the nation, was first published on September 19, 1796, and then reprinted nationwide.  This document is most known for Washington’s insistence on maintaining neutrality in foreign affairs, and for avoiding factions, or political parties, to dominate the nation.  How fitting that the primary domestic issue Washington advised against was the one thing that was too firmly entrenched to go anywhere: whereas the Federalist Party of Hamilton, and shall we say, Washington, would cease to exist within a generation, Madison’s Republicans would claim the Executive and Legislative branches in four years, and would come to control national politics upon Madison’s own retirement from political life.  Madison is arguably not most often remembered in conjunction with the rise of political parties, but his contributions of the Constitution notwithstanding, perhaps this remains his most relevant legacy.

Next week, we shift gears from the internal divisions that we have covered in our first three episodes to a focus on those foreign, more frontier entanglements that we hoped to avoid.  In our next episode, we explore the Miami leader Little Turtle and American General “Mad” Anthony Wayne, and the fallout from their decisive battle at Fallen Timbers.