JAY TO THE PRESIDENT OF CONGRESS. - John Jay, The Correspondence and Public Papers of John Jay, vol. 3 (1782-1793) [1891]
Edition used:
The Correspondence and Public Papers of John Jay, ed. Henry P. Johnston, A.M. (New York: G.P. Putnam’s Sons, 1890-93). Vol. 3 (1782-1793).
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JAY TO THE PRESIDENT OF CONGRESS.
Office for Foreign Affairs, 24th November, 1785.
Sir:
Mr. Temple presented me this morning the commission which I have now the honour of transmitting to your Excellency herewith enclosed. It appoints him Consul-General of His Britannic Majesty throughout the United States of America.
Two questions arise on this occasion:
1. Whether he is to be received de jure.
2. Whether it will be expedient to receive him de gratia.
The first question is settled by Vattel in the following paragraph, viz.:
“Among the modern institutions,” etc., page 131.
The second question appears to me to be an important one, for, however determined, interesting consequences will result from its decision. In considering it a secondary question presents itself, viz., whether the rejection or reception of this consul will most dispose his nation to the terms of commercial intercourse which we wish. To this point the fable of the north wind and the sun seems applicable.
It appears to me that the admission of a consul here is not a matter of so much importance to Britain as to induce that nation to purchase or obtain by any compliances which they would not otherwise make. Severity, or summum jus on small points, may irritate, but they very seldom coerce. Retaliatory restrictions on trade and navigation are great objects, and very consistent with the pride and dignity, as well as interest, of a nation; but under such ideas to refuse to receive a consul would, whatever might be the true motives, be generally ascribed to a degree of pique and irritation which, though nations may feel, they ought not expressly or impliedly to declare.
In my opinion, therefore, this consul ought to be received, but in such a manner as to be and to appear as a matter of favour, and not as a matter of course.
1786.
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