by whom they were referred to Mr. Jay, the secretary for
foreign affairs. The report of that upright minister did not, by
contravening facts, affect to exculpate his country. "Some of the
facts," said he in a letter to General Washington, written after
permission to communicate the papers had been given, "are inaccurately
stated and improperly coloured; but it is too true that the treaty has
been violated. On such occasions, I think it better fairly to confess
and correct errors, than attempt to deceive ourselves and others, by
fallacious though plausible palliations and excuses.

"To oppose popular prejudices, to censure the proceedings and expose
the impropriety of states, is an unpleasant task, but it must be
done."[29]

[Footnote 29: The facts relative to this negotiation were
stated in the correspondence of General Washington. The
statement is supported by the Secret Journals of Congress,
vol. 4, p. 329, and those which follow.]

That the United States might with reason be required to fulfil the
treaty before they could entitle themselves to demand a strict
performance of it on the part of Great Britain, was a position the
propriety of which they were prevented from contesting by the
miserably defective organization of the government. If their treaties
were obligatory in theory, the inability of congress to enforce their
execution had been demonstrated in practice. Restrained by this defect
in the constitution from insisting that the evacuation of the western
posts should precede the removal of the impediments to the _bona fide_
execution of the treaty on the part of America, government exerted its
earnest endeavours to prevail on the several states to repeal all
existing laws which might be repugnant to that compact. The
resolutions which were passed on that subject, and the circular
letters which accompanied them to the several governors, contain
arguments which ought to have demonstrated to all, the constitutional
obligation of a treaty negotiated under the authority of congress, and
the real policy, as well as the moral duty of faithfully executing
that which had been formed with Great Britain. To the deep
mortification of those who respected the character of the nation,
these earnest representations did not produce the effect which was
expected from them. "It was impolitic and unfortunate, if not unjust
in these states," said General Washington to a member of congress by
whom the objec