The commerce of America, so far as it had been established by all the treaties that had been formed prior to that by Jay, was free, and the principles upon which it was established were good. That ground ought never to have been departed from. It was the justifiable ground of right, and no temporary difficulties ought to have induced an abandonment of it. The case is now otherwise. The ground, the scene, the pretensions, the everything, are changed. The commerce of America is, by Jay's treaty, put under foreign dominion. The sea is not free for her. Her right to navigate it is reduced to the right of escaping; that is, until some ship of England or France stops her vessels, and carries them into port. Every article of American produce, whether from the sea or the sand, fish, flesh, vegetable, or manufacture, is, by Jay's treaty, made either contraband or seizable. Nothing is exempt. In all other treaties of commerce, the article which enumerates the contraband articles, such as fire arms, gunpowder, &c, is followed by another article which enumerates the articles not contraband: but it is not so in Jay's treaty. There is no exempting article. Its place is supplied by the article for seizing and carrying into port; and the sweeping phrase of "provisions and _other articles _" includes every thing. There never was such a base and servile treaty of surrender since treaties began to exist. This is the ground upon which America now stands. All her rights of commerce and navigation are to begin anew, and that with loss of character to begin with. If there is sense enough left in the heart to call a blush into the cheek, the Washington administration must be ashamed to appear.--And as to you, Sir, treacherous in private friendship (for so you have been to me, and that in the day of danger) and a hypocrite in public life, the world will be puzzled to decide whether you are an apostate or an impostor; whether you have abandoned good principles, or whether you ever had any. Thomas Paine. XXIII. OBSERVATIONS.(1) 1 State Archives, Paris, États Unis, vol. 43, fol. 100. Undated, but evidently written early in the year 1795, when Jay's Treaty was as yet unknown. Paine was then staying in the house of the American Minister, Monroe.--' Editor, The United States of America are negociating with Spain respecting the free Navigation of the Mississippi, and the territorial limits of this large river, in conformity with the Treaty of Peace with England dated 30th November, 1782. As the brilliant successes of the French Republic have forced England to grant us, what was in all justice our due, so the continuation of the prosperity of the Republic, will force Spain to make a Treaty with us on the points in controversy.