Page:Henry Adams' History of the United States Vol. 3.djvu/421

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1806.
MONROE'S TREATY.
409

of international law which it rejected. The United States might go on indefinitely protesting against belligerent aggressions while submitting to them, and no permanent evil need result. Yet a treaty was a compromise which made precedent; it recorded rules of law which could not be again discarded; and above all, it abandoned protest against wrong. This was doubtless the reason why Jefferson wished for no treaties in the actual state of the world; he was not ready to enforce his rights, and he was not willing to compromise them.

The treaty signed by Monroe and Pinkney Dec. 1, 1806, was remarkable for combining in one instrument every quality to which Jefferson held most strenuous objections. The three ultimata were all abandoned; impressments were set aside under a diplomatic memorandum which rather recorded the right than restrained its exercise; no indemnity was obtained for the ravages made on American commerce in 1805; and in regard to the colonial trade, a compromise was invented which no self-respecting government could admit. Article XI. of the treaty imposed the condition that West Indian produce, coming from French or Spanish colonies, and bonâ fide the property of United States citizens, might be exported from American ports to Europe on condition that it should have paid to the United States customhouse a duty of not less than two per cent ad valorem which could not be returned in drawback; while European merchandise might in the same way be