instructions to Jay, "together with the correspondence and the other
documents relative to said treaty." Advised by Hamilton and sustained by
his whole Cabinet, Washington replied on March 30, by declining to comply
because concurrence of the House was not necessary to give validity to the
treaty, and "because of the necessity of maintaining the boundaries fixed
by the Constitution between the different departments." The House retorted
by a resolution declaring its right to judge the merits of the case when
application was made for an appropriation to give effect to a treaty.
Debate on this issue, which is still an open one in our constitutional
system, began on April 14 and continued for sixteen days. Madison opposed
the execution of the treaty, but the principal speech was made by Giles,
whose argument covers twenty-eight columns in the _Annals_. As the
struggle proceeded, the Jeffersonians lost ground. It became evident that
weighty elements of public opinion were veering around to the support of
the treaty as the best arrangement attainable in the circumstances. The
balance of strength became so close that the scales were probably turned
by a speech of wonderful power and eloquence delivered by Fisher Ames. A
decision was reached on April 30, the test question being on declaring the
treaty "highly objectionable." Forty-eight votes were cast on each side
and the Speaker gave his decision for the negative. In the end, the House
stood 51 to 48 in favor of carrying the treaty into effect. Only four
votes for the treaty came from the section south of Mason and Dixon's
line.

During the agitation over the Jay treaty the rage of party spirit turned
full against Washington himself. He was blackguarded and abused in every
possible way. He was accused of having shown incapacity while General and
of having embezzled public funds while President. He was nicknamed "the
Step-Father of his country." The imputation on his honor stung so keenly
that he declared "he would rather be in his grave than in the Presidency,"