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1794.

JAY TO DUGALD STEWART.1

New York, 20th March, 1794.

Sir:

Accept my thanks for the ingenious work which you were so obliging as to send me by Mr. Childs. I have read it with pleasure and improvement; it casts new light on several interesting questions, and I observe in it a degree of perspicuity not always to be found in dissertations on such subjects.

The connection between mind and body, and the operations of the former on and through the latter, continue involved in great obscurity. Persevering attention and inquiry will probably produce further information. The spiritual and material worlds, if I may use the expression, appear to me to be so widely different and opposite, that I am often inclined to suspect the existence of others, intermediate, but of a nature distinct from either.

It is much to be wished that nothing may occur to prevent your finishing the analysis of the intellectual powers, and extending your speculations to man considered as an active and moral being, and as the member of a political society. There is reason to doubt whether this field of science has, as yet, received the highest cultivation of which it is capable. The republic of letters is under many obligations to your country. May those obligations be increased.

I have the honour to be, with sentiments of respect and esteem, sir,

Your most obedient and very humble servant,

John Jay.

JAY TO MRS. JAY.1

Philadelphia, 9th April, 1794.

. . . . . . .

I arrived here on Monday evening; and yesterday dined with the President. The question of war or peace seems to be as much in suspense here as in New York when I left you. I am rather inclined to think that peace will continue, but should not be surprised if war should take place. In the present state of things, it will be best to be ready for the latter event in every respect.

10th April, 1794.

. . . . . . .

The aspect of the times is such, that prudential arrangements calculated on the prospect of war should not be neglected, nor too long postponed. Peace or war appears to me a question which cannot be solved. Unless things should take a turn in the meantime, I think it will be best on my return to push our affairs at Bedford briskly. There is much irritation and agitation in this town, and in Congress. Great Britain has acted unwisely and unjustly; and there is some danger of our acting intemperately.

. . . . . . .

JAY TO MRS. JAY.

Philadelphia, 15th April, 1794.

My Dear Sally:

I was this evening favoured with yours of the 14th. It is now between eight and nine o’clock, and I am just returned from court. I expect, my dear Sally, to see you sooner than we expected. There is here a serious determination to send me to England, if possible to avert a war. The object is so interesting to our country, and the combination of circumstances such, that I find myself in a dilemma between personal considerations and public ones. Nothing can be much more distant from every wish on my own account. I feel the impulse of duty strongly, and it is probable that if, on the investigation I am now making, my mind should be convinced that it is my duty to go, you will join with me in thinking that, on an occasion so important, I ought to follow its dictates, and commit myself to the care and kindness of that Providence in which we have both the highest reason to repose the most absolute confidence. This is not of my seeking; on the contrary, I regard it as a measure not to be desired, but to be submitted to.

A thousand reflections crowd into my mind, and a thousand emotions into my heart. I must remember my motto, “Deo duce perseverandum.” The knowledge I have of your sentiments on these subjects affords me consolation.

If the nomination should take place, it will be in the course of a few days, and then it will appear in the papers; in the meantime say nothing on the subject, for it is not impossible that the business may take another turn, though I confess I do not expect it will.

My dear, dear Sally, this letter will make you as grave as I am myself; but when we consider how many reasons we have for resignation and acquiescence, I flatter myself that we both shall become composed.

If it should please God to make me instrumental to the continuance of peace, and in preventing the effusion of blood, and other evils and miseries incident to war, we shall both have reason to rejoice. Whatever may be the event, the endeavour will be virtuous, and consequently consolatory. Let us repose unlimited trust in our Maker; it is our business to adore and to obey. My love to the children.

With very sincere and tender affection,

I am, my dear Sally, ever yours,

John Jay.

P.S.—It is supposed that the object of my mission may be completed in time to return in the fall.

JAY TO MRS. JAY.

Philadelphia, 19th April, 1794.

My Dear Sally:

I refer you to the two last letters which I wrote to you this week. It was expected that the Senate would yesterday have decided on the nomination of an envoy to the court of London, but measures respecting the embargo occupied them through the day. To-day that business is to be resumed, and you shall have the earliest notice of the result. So far as I am personally concerned, my feelings are very, very far from exciting wishes for its taking place. No appointment ever operated more unpleasantly upon me; but the public considerations which were urged, and the manner in which it was pressed, strongly impressed me with a conviction that to refuse it would be to desert my duty for the sake of my ease and domestic concerns and comforts. I derive some consolation from the prospect that my absence will not be of long continuance, and that the same Providence which has hitherto preserved me will still be pleased to accompany and restore me to you and our dear little family.

The court has unceasingly engrossed my time. We did not adjourn until nine last night. I feel fatigued in body and mind. But reflections of this kind are not to be indulged. I must endeavour to sustain with propriety the part assigned me, and meet with composure and fortitude whatever disagreeable events may occur to counteract my wishes or increase my task. I shall have rest in time, and for that rest I will not cease to prepare. I am very anxious to be with you; and the moment the preparatory measures here will permit, I shall set out.

My love to the children; and believe me to be unalterably and affectionately yours,

John Jay.

PRESIDENT WASHINGTON TO JAY.

To John Jay, Greeting:

Reposing especial trust and confidence in your integrity, prudence, and ability, I have nominated, and, by and with the advice and consent of the Senate, do appoint, you, the said John Jay, Envoy Extraordinary from the United States of America to the Court of His Britannic Majesty, authorizing you hereby to do and perform all such matters and things as to the said place or office doth appertain, or as may be duly given you in charge hereafter, and the said office to hold and exercise during the pleasure of the President of the United States for the time being.

In testimony whereof, I have caused the seal of the United States to be hereunto affixed. Given under my hand, at the city of Philadelphia, the nineteenth day of April in the year of our Lord one thousand seven l. s. hundred and ninety-four, and of the independence of the United States of America, the eighteenth.

Go. Washington.

By the President:
Edm. Randolph, Secretary of State.

JAY TO MRS. JAY.

Sunday Evening, 20th April, 1794.

My Dear Sally:

I this moment received yours by General Schuyler. As yet I have not seen him. It found me alone, and not a little pensive. Your own feelings will best suggest an idea of mine. God’s will be done; to him I resign—in him I confide; do the like. Any other philosophy applicable to this occasion is delusive. Away with it. Your indisposition affects me. Resist despondency; hope for the best.

Yesterday the Senate approved of the nomination by a great majority. Mr. Burr was among the few who opposed it. I have hopes that our friend, Mr. Trumbull, will consent to go as secretary. Tomorrow the preparations for despatching me will begin. When they will be completed, so as to admit of my leaving this place, I cannot yet decide. I am exceedingly impatient to set out for New York.

God bless and preserve you all. Be assured that I shall never cease to be, my dear Sally,

Your very affectionate husband,

John Jay.

MRS. JAY TO JAY.

New York, 22d April, 1794.

My Dear Mr. Jay:

Yesterday I received your two kind letters of Saturday and Sunday. I do indeed judge of your feelings by my own, and for that reason forebore writing while under the first impression of surprise and grief.

Your superiority in fortitude, as well as every other virtue, I am aware of; yet I know too well your tenderness for your family to doubt the pangs of separation. Your own conflicts are sufficient; they need not be augmented by the addition of mine. Never was I more sensible of the absolute ascendency you have over my heart. When, almost in despair, I renounced the hope of domestic bliss, your image in my breast seemed to upbraid me with adding to your trials. That idea alone roused me from my despondency. I resumed the charge of my family, and even dare hope that, by your example, I shall be enabled to look up to that Divine Protector from whom we have indeed experienced the most merciful guardianship.

The children continue well. They were exceedingly affected when they received the tidings, and entreated me to endeavour to dissuade you from accepting an appointment that subjects us to so painful a separation.

Farewell, my best beloved.

Your wife till death,
And after that a ministering spirit.

PRESIDENT WASHINGTON TO JAY.

[SECRET AND CONFIDENTIAL.]

Philadelphia, 29 April, 1794.

My Dear Sir:

Receive, I pray you, the suggestion I am going to impart, with the friendship and caution the delicacy of it requires.

You are already informed, that I am under the necessity of recalling Mr. Gouverneur Morris from France, and you can readily conceive the difficulty which occurs in finding a successor, that would be agreeable to that nation, and who, at the same time, would meet the approbation of the friends of that country in this.

These considerations have induced me to ask you, if it could be made to comport with your inclination, after you shall have finished your business as envoy, and not before, to become the resident minister plenipotentiary at London, that Mr. Pinckney, by that means, might be sent to Paris? I mean no more, than simply to ask the question, not intending, although the measure would remove the above difficulty, to press it in the smallest degree.

If you answer in the affirmative, be so good as to return the enclosed letter to me, and correspondent arrangements shall be made. If in the negative, I pray you to forward it through the penny post, or otherwise, according to circumstances, to the gentleman to whom it is directed without delay; and, in either case, to let the transaction be confined entirely to ourselves.1 With much truth and regard, I am sincerely and affectionately yours,

Go: Washington.

JAY TO PRESIDENT WASHINGTON.

New York, 30th April, 1794.

Dear Sir:

I was this day honoured with yours of yesterday. There is nothing I more ardently wish for than retirement and leisure to attend to my books and papers; but parental duties not permitting it, I must acquiesce and thank God for the many blessings I enjoy. If the judiciary was on its proper footing, there is not a public station that I should prefer to the one in which you have placed me. It accords with my turn of mind, my education, and my habits.

I expect to sail in the course of a fortnight, and, if my prayers and endeavours avail, my absence will not be of long duration. The gentleman to whom your letter is addressed is not in town. To obviate delay and accidents, I sent it to his brother, who will doubtless forward it immediately, either by a direct conveyance or by the post.

From the confidence you repose in me, I derive the most pleasing emotions, and I thank you for them. Life is uncertain. Whether I take your letter with me, or leave it here, it would, in case of my death, be inspected by others, who, however virtuous, might be indiscreet. After much reflection, I conclude it will be most prudent to commit it to you, without retaining any copy or memorandum, except in my memory, where the numerous proofs of your kind attention to me are carefully preserved.

With perfect respect, esteem, and attachment, I am, dear sir,

Your obliged and affectionate servant.

John Jay.

INSTRUCTIONS TO JAY AS ENVOY EXTRAORDINARY.

Philadelphia, May 6, 1794.

Sir:

The mission upon which you are about to enter, as Envoy Extraordinary to the Court of London, has been dictated by considerations of an interesting and pressing nature.

You will doubtless avail yourself of these to convince Mr. Pinckney, our Minister in Ordinary there, of the necessity of this measure, and will thus prevent any wound to his sensibility. He may be assured that it is the impression, which will naturally accompany this demonstration of the public sentiment, and not the smallest abatement of confidence in him, which has recommended a special appointment; nor will any of his usual functions be suspended, except so far as they may be embraced in the present commission. It would be unnecessary to add, but for the sake of manifesting this fact, and removing difficulties which may arise in your own breast, that you will communicate with him without reserve.

A full persuasion is entertained that, throughout the whole negotiation, you will make the following its general objects: To keep alive in the mind of the British Minister that opinion which the solemnity of a special mission must naturally inspire, of the strong agitations excited in the people of the United States, by the disturbed condition of things between them and Great Britain; to repel war, for which we are not disposed, and into which the necessity of vindicating our honor and our property may, but can alone, drive us; to prevent the British ministry, should they be resolved on war, from carrying with them the British nation; and, at the same time, to assert, with dignity and firmness, our rights, and our title to reparation for past injuries.

I. One of the causes of your mission being the vexations and spoliations committed on our commerce by the authority of instructions from the British Government, you will receive from the Secretary of State the following documents, viz: the instructions of the 8th of June, 1793, 6th of November, 1793, and 8th of January 1794; the Secretary of State’s letter to Mr. Pinckney, on September 7th, 1793; Mr. Hammond’s letter to the Secretary of State, on 12th of September, 1793; Mr. Pinckney’s note and memorial to Lord Grenville; Mr. Hammond’s second letter to the Secretary of State, on the 11th of April, 1794; the Secretary of State’s answer on the 1st inst.; a list and sketch of the cases upon which complaints have been made to our Government; and the instructions given to N. C. Higginson, who has been lately sent as agent to the British Islands in the West Indies.

These several papers develop the source of our discontent on this head; the representations which have been offered; the answers which have been rendered; and the situation of the business at this moment.

You will perceive that one of the principles, upon which compensation is demanded for the injuries under the instructions of the 8th of June, 1793, is, that provisions, except in the instance of a siege, blockade, or investment, are not to be ranked among contraband. To a country remote as the United States are from Europe and its troubles, it will be of infinite advantage to obtain the establishment of this doctrine.

Upon the instructions of the 6th of November, 1793, Mr. Pinckney has made a representation, and perhaps a memorial, to Lord Grenville; both of which you will procure of Mr. Pinckney. The matter of these instructions fills up the matter of depredation. They were unknown publicly in England until the 26th of December, 1793; there is good reason to suppose that they were communicated to the ships of war, before they were published, and that, in consequence of a private notification of them, a considerable number of new privateers were fitted out; the terms “legal adjudication,” in spite of the explanation on the 8th of January, 1794, was most probably intended to be construed away or not, according to events; and many vessels have been condemned under them.

Compensation for all the injuries sustained, and captures, will be strenuously pressed by you. The documents which the agent in the West Indies is directed to transmit to London will place these matters in the proper legal train, to be heard on appeal. It cannot be doubted that the British ministry will insist that, before we complain to them, their tribunals, in the last resort, must have refused justice. This is true in general; but peculiarities distinguish the present from past cases. Where the error complained of consists solely in the misapplication of the law, it may be corrected by a superior court; but where the error consists in the law itself, it can be corrected only by the law maker, who, in this instance, was the King, or it must be compensated by the Government. The principle, therefore, may be discussed and settled without delay; and, even if you should be told to wait until the result of the appeals shall appear, it may be safely said to be almost certain that some one judgment in the West Indies will be confirmed; and this will be sufficient to bring the principle in question with the British ministry.

Should the principle be adjusted, as we wish and have a right to expect, it may be advisable to employ some person to examine the proper offices in London, for such vessels as may have been originally tried or appealed upon, and finally condemned. You will also reserve an opportunity for new claims, of which we may all be ignorant for some time to come; and if you should be compelled to leave the business in its legal course, you are at liberty to procure professional aid at the expense of the United States.

Whenever matters shall be brought to such a point as that nothing remains for settlement but the items of compensation, this may be entrusted to any skilful and confidential person whom you may appoint.

You will mention, with due stress, the general irritation of the United States at the vexations, spoliations, captures, etc. And being on the field of negotiation you will be more able to judge, than can be prescribed now, how far you may state the difficulty which may occur in restraining the violence of some of our exasperated citizens.

If the British ministry should hint at any supposed predilection in the United States for the French nation, as warranting the whole or any part of these instructions, you will stop the progress of this subject, as being irrelative to the question in hand. It is a circumstance which the British nation have no right to object to us; because we are free in our affections and independent in our government. But it may be safely answered, upon the authority of the correspondence between the Secretary of State and Mr. Hammond, that our neutrality has been scrupulously observed.

II. A second cause of your mission, but not inferior in dignity to the preceding, though subsequent in order, is to draw to a conclusion all points of difference between the United States and Great Britain, concerning the treaty of peace.

You will therefore be furnished with copies of the negotiation upon the inexecution and infractions of that treaty and will resume that business. Except in this negotiation, you have been personally conversant with the whole of the transactions connected with the treaty of peace. You were a minister at its formation, the Secretary of Foreign Affairs when the sentiments of the Congress, under the confederation, were announced through your office; and as Chief Justice you have been witness to what has passed in our courts, and know the real state of our laws, with respect to British debts. It will be superfluous, therefore, to add more to you, than to express a wish that these debts, and the interest claimed upon them, and all things relating to them, be put outright in a diplomatic discussion, as being certainly of a judicial nature, to be decided by our courts: and if this cannot be accomplished, that you support the doctrines of Government with arguments proper for the occasion, and with that attention to your former public opinions, which self-respect will justify, without relaxing the pretensions which have been hitherto maintained.

In this negotiation as to the treaty of peace, we have been amused by transferring the discussions concerning its inexecution and infractions from one side of the Atlantic to the other. In the meantime, one of the consequences of holding the posts has been much bloodshed on our frontiers by the Indians, and much expense. The British Government having denied their abetting of the Indians, we must of course acquit them. But we have satisfactory proofs, (some of which, however, cannot, as you will discover, be well used in public,) that British agents are guilty of stirring up, and assisting with arms, ammunition, and warlike implements, the different tribes of Indians against us. It is incumbent upon that Government to restrain those agents; or the forbearance to restrain them cannot be interpretated otherwise than as a determination to countenance them. It is a principle from which the United States will not easily depart, either in their conduct towards other nations, or what they expect from them, that the Indians dwelling within the territories of the one shall not be interfered with by the other.

It may be observed here, as comprehending both of the foregoing points, that the United States testify their sincere love of peace, by being nearly in a state of war, and yet anxious to obviate absolute war by friendly advances; and if the desire of Great Britain to be in harmony with the United States be equally sincere, she will readily discover what kind of sensations will at length arise when their trade is plundered, their resources wasted in an Indian war, many of their citizens exposed to the cruelties of the savages, their rights by treaty denied, and those of Great Britain enforced in our courts. But you will consider the inexecution and infraction of the treaty as standing on distinct grounds from the vexations and spoliations, so that no adjustment of the former is to be influenced by the latter.

III. It is referred to your discretion whether, in case the two preceding points should be so accommodated as to promise the continuance of tranquillity between the United States and Great Britain, the subject of a commercial treaty may not be listened to by you, or even broken to the British ministry. If it should, let these be the general objects:

1st. Reciprocity in navigation, particularly to the West Indies and even to the East Indies.

2d. The admission of wheat, fish, salt meat, and other great staples, upon the same footing with the admission of the great British staples in our ports.

3d. Free ships to make free goods.

4th. Proper security for the safety of neutral commerce in other respects; and particularly:

By declaring provisions never to be contraband, except in the strongest possible case, as the blockade of a port; or, if attainable, by abolishing contraband altogether;

By defining a blockade, if contraband must continue in some degree, as it is defined in the armed neutrality;

By restricting the opportunities of vexation in visiting vessels; and

By bringing under stricter management privateers; and expediting recoveries against them for misconduct.

5th. Exemption of emigrants, and particularly manufacturers, from restraint.

6th. Free exports of arms and military stores.

7th. The exclusion of the terms “the most favored nation,” as being productive of embarrassment.

8th. The convoy of merchant ships by the public ships of war, where it shall be necessary, and they be holding the same course.

9th. It is anxiously to be desired, that the fishing grounds now engrossed by the British should be opened to the citizens of the United States.

10th. The intercourse with England makes it necessary that the disabilities arising from alienage in cases of inheritance should be put upon a liberal footing, or rather abolished.

11th. You may discuss the sale of prizes in our ports while we are neutral; and this perhaps may be added to the considerations which we have to give, besides those of reciprocity.

12th. Proper shelter, defence, and succor against pirates, shipwreck, etc.

13th. Full security for the retiring of the citizens of the United States from the British dominions in case a war should break out.

14th. No privateering commissions to be taken out by the subjects of the one, or citizens of the other party, against each other.

15th. Consuls, etc., to be admitted in Europe, the West and East Indies.

16th. In case of an Indian war, none but the usual supplies in peace shall be furnished.

17th. In peace, no troops to be kept within a limited distance from the lakes.

18th. No stipulation whatsoever is to interfere with our obligations to France.

19th. A treaty is not to continue beyond fifteen years.

IV. This enumeration presents generally the objects which it is desirable to comprise in a commercial treaty; not that it is expected that one can be effected with so great a latitude of advantages.

If to the actual footing of our commerce and navigation in the British European dominions could be added the privilege of carrying directly from the United States to the British West Indies in our own bottoms generally, or of certain defined burthens, the articles which, by act of Parliament, 28 Geo. III., c. 6, may be carried thither in British bottoms, and of bringing from thence, directly to the United States, in our bottoms, of like description, the articles which, by the same act, may be brought from thence to the United States in British bottoms, this would afford an acceptable basis of a treaty for a term not exceeding fifteen years; and it would be advisable to conclude a treaty upon that basis. But such a treaty, instead of the usual clause concerning ratification, must contain the following: “This treaty shall be obligatory and conclusive, when the same shall be ratified by his Britannic Majesty of the one part, and by the President of the United States, by and with the advice and consent of the Senate, of the other.”

But if a treaty of commerce cannot be formed upon a basis as advantageous as this, you are not to conclude or sign any such, it being conceived that it would not be expedient to do anything more than to digest with the British ministry the articles of such a treaty as they appear willing to accede to, referring them here for consideration and further instruction previous to a formal conclusion.

Some of the other points, which it would be interesting to comprehend in a treaty, may not be attended with difficulty. Among these is the admission of our commodities and manufactures generally into the British European dominions, upon a footing equally good with those of other foreign countries. At present certain enumerated articles only are admitted, and though the enumeration embraces all the articles which it is of present consequence to us to be able to export to those dominions, yet in process of time an extension of the objects may become of moment. The fixing of the privileges which we now enjoy in the British East Indies by toleration of the company’s government, if any arrangement can be made with the consent of the company for that purpose, would be also a valuable ingredient.

V. You will have no difficulty in gaining access to the ministers of Russia, Denmark, and Sweden, at the Court of London. The principles of the armed neutrality would abundantly cover our neutral rights. If, therefore, the situation of things with respect to Great Britain should dictate the necessity of taking the precaution of foreign co-operation upon this head; if no prospect of accommodation should be thwarted by the danger of such a measure being known to the British Court; and if an entire view of all our political relations shall, in your judgment, permit the step, you will sound those ministers upon the probability of an alliance with their nations to support those principles.

However, there can be no risk in examining what can be concerted with Denmark and Sweden, or any other Power, against the Algerines. It may be represented to the British ministry how productive of perfect conciliation it might be to the people of the United States if Great Britain would use her influence with the Dey of Algiers for the liberation of the American citizens in captivity, and for a peace upon reasonable terms. It has been communicated from abroad, to be the fixed policy of Great Britain to check our trade in grain to the Mediterranean. This is too doubtful to be assumed, but fit for inquiry.

VI. Such are the outlines of the conduct which the President wishes you to pursue. He is aware that, at this distance, and during the present instability of public events, he cannot undertake to prescribe rules which shall be irrevocable. You will therefore consider the ideas herein expressed as amounting to recommendations only, which in your discretion you may modify as seems most beneficial to the United States, except in the two following cases, which are immutable. 1st. That, as the British ministry will doubtless be solicitous to detach us from France, and may probably make some overture of this kind, you will inform them that the Government of the United States will not derogate from our treaties and engagements with France, and that experience has shown that we can be honest in our duties to the British nation without laying ourselves under any particular restraints as to other nations; and 2d. That no treaty of commerce be concluded or signed contrary to the foregoing prohibition.

Besides the papers and documents mentioned in the former parts of these instructions, you have received your commission as Envoy Extraordinary; letters of credence to the King and Queen of England, the latter of which, being without superscription, you will address as may appear proper, and deliver it or not, as you find to be right on such occasions; four sets of powers, one general, comprehending all the points to be negotiated with Great Britain, the other three special, for each separate point, in order that you may be prepared to exhibit your authority altogether, or by detachment, as may be most convenient; copies of Lord Dorchester’s speech to the Indians, the authenticity of which, though not absolutely ascertained, is believed; and of certain affidavits respecting the British interference with our Indians; and a cipher.

You are too well acquainted with the nature of the great functions which you are called to exercise to render it necessary for me to add the earnest wish of the President of the United States that your communications to the Secretary of State should be frequent and full, and that you should correspond with our ministers abroad upon any interesting occasion which may demand it. For the latter of these purposes you will avail yourself of Mr. Pinckney’s ciphers.

Your expenses will be paid, together with the allowance of thirteen hundred and fifty dollars per annum for a secretary.

On your return, you will be pleased to deliver into the Secretary of State’s office such papers as you may possess of importance sufficient to be filed there; and will prepare a general report of all your transactions.

Not doubting that you will execute this trust in a manner honourable to yourself and salutary to the United States, I beg leave to offer to you my sincere wishes for your health and safe return.

Edmund Randolph, Secretary of State.

JAY TO MRS. JAY.

May 12, 1794.

. . . . . . .

I have seen this day’s newspapers, and the Philadelphia democratic resolutions published in them.1 They give me no concern, and I hope they will be equally indifferent to you. The less you say on such subjects, the less you will flatter the importance of those who may not wish us well. We have the prospect of a good voyage, but it would be infinitely less disagreeable if it was towards, instead of being from, you and our children and friends. I look forward to that pleasure, and sincerely hope and pray that a kind Providence will so order events, that my return be not protracted beyond the time we contemplate. Kiss our little ones for me. Once more farewell:—and that the Author and Giver of all consolation may be and remain with you and them for ever, will not cease to be the prayer of

Your very affectionate husband,

John Jay.

JAY TO LORD GRENVILLE.

Falmouth, June 8, 1794.

My Lord:

I landed here this evening with a commission from the President of the United States, constituting me their envoy to his Majesty.

The state of my health not permitting me to travel rapidly, I transmit the enclosed packet for your Lordship, with one for the Marquis of Buckingham, by the post. They were committed to my care by Sir John Temple; it appears to me more proper to deny myself the honour of delivering them in person, than, for that purpose, to detain them from your Lordships until my arrival in London.

I have the honour to be with great respect, my Lord, your Lordship’s most obedient and most humble servant,

John Jay.

The Right Hon. Lord Grenville,

One of His Majesty’s Principal Secretaries of State, White Hall.

JAY TO LORD GRENVILLE.

Pall-Mall, Royal Hotel,
June 15, 1794.

My Lord:

You have doubtless received a letter which I had the honour of writing to you from Falmouth. I arrived here this morning. The journey has given me some health and much pleasure, nothing having occurred on the road to induce me to wish it shorter. Col. Trumbull does me the favour of accompanying me as Secretary and I have brought with me a son who I am anxious should form a right estimate of whatever may be interesting to our country. Will you be so obliging, my Lord, as to permit me to present them to you, and to inform me of the time when it will be most agreeable to your Lordship that I should wait upon you and assure you of the respect with which I have the honour to be, my Lord, your Lordship’s most obedient and most humble servant,

John Jay.

LORD GRENVILLE TO JAY.

Lord Grenville presents his compliments to Mr. Jay. He had the honor to lay before the King yesterday the copy of Mr. Jay’s letter of credence. As Wednesday is the usual day for His Majesty’s giving audience to foreign Ministers, and as there will be no levee next Wednesday on account of His Majesty’s journey to Portsmouth, His Majesty has fixed Wednesday sev’nnight for receiving Mr. Jay; but if Mr. Jay, under the circumstances of his Special Commission, should be desirous of having his audience sooner, His Majesty has been graciously pleased to authorize Lord Grenville to say that His Majesty will permit Lord Grenville to introduce Mr. Jay after the levee to-morrow. In that case Lord Grenville would wish to see Mr. Jay in the morning at eleven instead of twelve, as they had before fixed.

Downing Street,
19th June, 1794.

John Jay, Esq., &c., &c., &c.

JAY TO MRS. JAY.

London, Pall-Mall, Royal Hotel,
21st June, 1794.

My Dear Sally:

I wrote you a letter while yet at sea, and on my arrival at Falmouth added to it a few lines. That letter was left in the care of our consul there, who promised to forward it by the Active, Captain Blair, who expected soon to sail from thence for Philadelphia.

On Sunday morning, the 15th of this month, we reached this place. Excellent roads, good inns, and a variety of interesting objects and scenes rendered the journey agreeable—perhaps the more so from our having just left the sea. Our way led us through Glastonbury, famous among other things for a thorn said to have been introduced by Joseph of Arimathea, which ancient legends say blossoms at Christmas. On our arrival at the next town (Wells) we visited the cathedral, a Gothic structure worth seeing. The sexton who showed and explained to us its history, peculiarities, and curiosities, and who seemed an intelligent man, assured us very seriously that there really was such a thorn at Glastonbury, that some of the same kind was then growing at Wells, and that he himself had seen it blossom at Christmas. Had it been Christmas, I should have desired him to show it to me.

Peter has carried to Mrs. Low the letters for her that were committed to his care. He was most kindly received by her, and returned much pleased. He called also at Mrs. White’s with the letters he had for her. She and her family were all out of town. The two Messrs. Kembles have been so polite as to make me a visit. The Colonel (who was aide-de-camp to General Gage) has left the army. I made inquiries about Mrs. Gage. She is in the city; her health but delicate. I purpose to make her a visit. Mr. B. Vaughan and his family are out of town. Mr. and Mrs. Church are particularly kind and civil to us, and Peter has much reason to be pleased with the attentions which he has received from them and others of our friends here.

We dined yesterday with Mr. and Mrs. Constable, who made very friendly inquiries about you and the children in the evening. I took tea with Mrs. Low, who looks very well and spoke much of America and her friends in it. Mr. and Mrs. Pinckney seem very amiable and much disposed to do everything that is proper and friendly. As to my political objects, I can as yet say nothing—more time being necessary to acquire information and form a judgment.

This letter will be committed to the care of Mr. Francis, son of Mr. Francis of Philadelphia. He purposes to set out to-morrow for Falmouth, whence he expects immediately to sail for that port. I should have written by the packet, but was afraid that the Active would sail before her; it has, however, turned out otherwise. I am this moment informed that a vessel bound for New York will sail on Tuesday next; I shall endeavour to write by her also, but I am so pressed for want of time by business and circumstances which, though not important, consume time that it will not be in my power to write either so many or such long letters as I otherwise should. God bless and preserve you, my dear Sally. My love to the children. Remember me to our friends.

Yours affectionately,

John Jay.

JAY TO PRESIDENT WASHINGTON.

London, 23d June, 1794.

Dear Sir:

My letter of this date to Mr. Randolph contains an exact account of the present state of the affairs of my mission here. I shall be disappointed if no good should result. As yet, the minister stands entirely uncommitted. From some light circumstances I incline to believe that our mercantile injuries will be redressed; but how or how far I cannot conjecture. My next conference will doubtless place things in more particular and clearer points of view.

Dr. Gordon has information, which he relies upon, that the posts will not be surrendered, and he authorizes me to tell you so in confidence. His information does not make so strong an impression upon my mind as it does on his; it merits attention, but, in my opinion, is not conclusive.

The observations I have hitherto made induce me to believe that the war with France is popular, and that a war with us would be unpopular. The word Jacobin is here a term of reproach, and used as such among the common people. They who wish the reform of this government do, I apprehend, wish a certain degree of success to the present French cause, not because they like it, but because they think such success would promote their favourite objects. I often hear gentlemen converse on these subjects, but I think it prudent to be reserved; as to their internal parties and divisions, I make it a rule to remain silent.

Your administration is greatly commended. The idea entertained by some, of applying private debts to compensate public injuries, alarms and disgusts, and impairs credit. I am anxious to have it in my power to communicate something decisive. As yet, I am entirely satisfied with the minister.

I ought to add that Mr. Pinckney’s conduct relative to me corresponds with my ideas of delicacy and propriety.

With perfect respect, esteem, and attachment, I am, dear sir, your obliged and obedient servant,

John Jay.

P.S.—The enclosed copies of a note of the 19th inst. from Lord Grenville, and my answer, afford indications of his present temper, that will not escape you. It is always useful to communicate such papers, but seldom useful to publish them. Publication, unnecessarily and frequently made, must naturally increase reserve and circumspection to such a degree as, in a great measure, to exclude the advantages of confidence and conversation, and to confine negotiation to the slow and wary mode of written communications, written too under the impression and expectation of publication.

Your affectionate servant,

John Jay.

JAY TO EDMUND RANDOLPH.

London, 23d June, 1794.

Sir:

On the 15th I arrived here, and the same day mentioned it by letter to Lord Grenville. He appointed the 18th for my reception, and I then communicated to him my first commission, and left with him a copy of it. This was a visit of ceremony, and nothing passed between us relative to the objects of my mission. The next day I sent him copies of my letter of credence.

On the 20th I had an interview with him by his appointment; and I communicated to him my general power, of which I have since sent him a copy. Much general conversation took place and the principal topics were touched upon. His Lordship did not commit himself on any point; he heard me very patiently and politely. He promised to appoint a short day for another conference, and I took my leave impressed with sentiments favorable to his character and manners. If his disposition be hostile, he conceals it admirably. What will be the decision of the court I will not venture even to conjecture. As yet, I have no reason to be dissatisfied, or to consider appearances as being unfavorable. No delays, or arts to procrastinate, have been practised.

It is to be wished that no intelligence of an irritating nature may arrive from America. I do not regard preparations for war as of that nature. They ought not, in my opinion, to be neglected or delayed in the most profound state of peace.

I shall not omit any opportunity of giving you such information as will enable you to see precisely the state of the negotiation, and shall endeavour to avoid deceiving you, or myself, by delusive hopes or groundless fears.

I have the honour to be, with great respect, etc.

John Jay.

JAY TO ALEXANDER HAMILTON.

London, 11th July, 1794.

My Dear Sir:

I am still unable to say anything decisive relative to the objects of my mission. Appearances continue to be singularly favourable, but appearances merit only a certain degree of circumspect reliance. The delays occasioned by the new arrangement of the ministry cannot be of long continuance. Circumstances must soon constrain them to form some ultimate system relative to the United States; and although I have much reason to hope that it will be favourable to our wishes, yet I confess I am not without apprehensions that certain points not by us to be yielded will occasion difficulties hard to surmount. Personally I have every reason to be satisfied, and officially I have as yet no reason to complain.

Shortly after my arrival I dined with Lord Grenville. The cabinet ministers were present, but not a single foreigner. On Monday next I am to dine with the Lord Chancellor, and on next Friday with Mr. Pitt. I mention these facts to explain what I mean by favourable appearances. I think it best that they should remain unmentioned for the present, and they make no part of my communications to Mr. Randolph, or others. This is not the season for such communications; they may be misinterpreted, though not by you.

I fear the posts may labour, but they must not be left. We must not make a delusive settlement; that would disunite our people, and leave seeds of discord to germinate. I will do everything that prudence and integrity may dictate or permit.

I will endeavour to accommodate rather than dispute; and if this plan should fail, decent and firm representations must conclude the business of my mission. As yet I do not regret any step I have taken. I wish I may be able to say the same at the conclusion.

Yours affectionately,

John Jay.

5th August.—This letter was inadvertently omitted to be sent when written. Appearances mend—give us a fair chance.

LINDLEY MURRAY TO JAY.

York, 15th of 7th mo, 1794.

When I first heard of the commission of my much esteemed friend, John Jay, as envoy extraordinary to the British court, I rejoiced in the prospect which his known abilities, integrity, and benevolence afforded, of a speedy and happy dispersion of those clouds of hostility which have been for some time gathering, and which seemed of late ready to involve the two countries in confusion and distress. I hope I shall be excused when I say that I do not know any other person in America whose appointment to this high office would have given me so much satisfaction, and promised so successful an issue; and I believe that these sentiments are not merely the effusions of an early admiration of his talents and virtues, but of the most sincere and respectful attachment.

It is the earnest wish of my heart, that thy labours may be happily crowned, and that by them the inestimable blessings of peace and brotherly intercourse may be preserved and established on a permanent foundation.

I trust, too, that the consciousness of this benevolent and Christian work will, amid many other charities of life, frequently rise in grateful and self-approving remembrance, and, if a day of affliction should come, will furnish a cordial of the most sovereign virtue, the recollection of having been the means of preventing the destruction of thousands, and of promoting the harmony and happiness of millions of thy fellow-creatures.

I have but one more wish to express on this subject, which is, that when thou hast been happily instrumental in removing every cause of uneasiness and discord between Great Britain and America, thou mayst find thyself authorized to tender the mediation of America to the present belligerent powers, for stopping the effusion of human blood, and terminating the calamities of a most ferocious and desolating war. To be an instrument in accomplishing a deed so extensively beneficent must, if virtue so exalted needed any accession of happiness, be contemplated and applauded by the wise and good to the latest period of time.

But, whatever may be the issue of thy present negotiation, or however disproportionate may be thy commission to the extent of thy benevolence, thou wilt always have the esteem and regard of one who, though indeed his esteem and regard are of very little consequence, could not withhold this testimony of his respectful remembrance, and who takes the liberty of subscribing himself

Thy affectionately attached friend,

Lindley Murray.

P.S.—Had it been in my power to travel as far as London, I should have gone with pleasure, on this occasion, to pay my respects to thee in person; but I am in a very feeble state, and unable to go from home more than a few miles each day, for the benefit of exercise; so that I cannot procure myself that satisfaction. I have also for some time been deprived of the usual exertion of my voice, and can converse scarcely above a whisper; but, notwithstanding this, it would be a peculiar gratification if the course of thy travels should include York, to have the favour of seeing thee and enjoying thy company at my house during thy stay in this city. Some years since, I took the liberty of requesting thy acceptance of a small compilation which I had then published, and which I suppose thou received. I have lately revised and enlarged that collection, and, though I think it scarcely worth thy attention, yet, as thou hast seen the first edition, I hope it will not be deemed an intrusion to beg thy acceptance of a copy of this last impression.

JAY TO PRESIDENT WASHINGTON.

London, 21st July, 1794.

Dear Sir:

Among my letters to Mr. Randolph is one stating an agreement between Lord Grenville and myself for preserving things in a pacific and unaltered state between us and the British on the side of Canada and the frontiers; and Mr. Simcoe will soon receive orders to retire from Miami to his former positions. Some cabinet councils have lately been held, and it is probable the manner of settling their differences with us has been among the subjects of their deliberations. From the silence and circumspection of Lord Grenville, I apprehend that the cabinet has not as yet ultimately concluded on their plan. This delay is unpleasant, but I do not think it unnatural. The opposition members lately come in have so often held a language friendly to America, that it is probable they will find it necessary, in order to be consistent, to adhere to sentiments not agreeable to some of the others. I am led by several little circumstances, not easily detailed or explained, to believe that the late administration looked upon a war with us as inevitable, and I am of opinion that the instructions of the 6th of November were influenced by that idea. I do also believe that Lord Dorchester was instructed to act conformably to that idea, and that Simcoe was governed by it.

I am certain that intelligence (which made some impression) was conveyed to the ministry, that our army, if successful against the Indians, had orders to attack and take the posts. There is also room to believe, that the indiscreet reception given to the late French Minister—the unnecessary rejoicings about French successes, and a variety of similar circumstances, did impress the government with strong apprehensions of an unavoidable war with us, and did induce them to entertain a disposition hostile to us.

I have given Lord Grenville positive assurances, that no attack pending the negotiations will be made on the posts held by them at the conclusion of the war; but I also told him that I thought it highly probable that every new advanced post, and particularly the one said to be taken by Mr. Simcoe on the Miami, would be attacked. I must do him the justice to say that hitherto I have found him fair and candid, and apparently free from asperity or irritation.

So far as personal attentions to the envoy may be regarded as symptoms of good-will to his country, my prospect is favourable. These symptoms, however, are never decisive; they justify expectation, but not reliance. I most heartily wish the business over, and myself at home again. But it would not be prudent to urge and press unceasingly, lest ill-humour should result, and ill-humour will mar any negotiation; on the other hand, much forbearance and seeming inactivity invite procrastination and neglect. The line between these extremes is delicate: I will endeavour to find and observe it.

I am, dear sir,
Your obliged and affectionate servant,

John Jay.

JAY TO JOHN ANSTEY.

Royal Hotel, Pall-Mall, 23d July, 1794.

Sir:

Accept my thanks for the friendly congratulations and sentiments expressed in your letter of the 14th of this month.

I regret not knowing that you resided at Bath. We passed from Falmouth through that city in our way to this. It would have given me pleasure to have called upon you, and (to use an Indian expression) have brightened the chain.

Many great and unexpected events have taken place since we parted. We live in times that teem with them. A great and wonderful drama is exhibiting on the stage of Europe, perhaps of the world. We are spectators of the first act. What may succeed, or what the catastrophe will be, human prevision cannot discern.

Peace and domestic comforts rise in value as they become precarious; and individual misery, by abounding, produces national distress; and yet, even in this age of reason and philosophy, the passions do not cease to fan the flames of war, and cause them to rage, to spread, and to desolate.

If, during my stay here, you should visit London, I shall be happy to see you, and to assure you of the esteem and regard with which I am

Your obedient and very humble servant,

John Jay.

JAY TO LORD GRENVILLE.

23d July, 1794.

My Lord:

The cases of captures transmitted to me are numerous, and in some instances voluminous.

My first idea was to make correct statements of these cases and lay them before you. It has since occurred to me that you might prefer receiving these cases in the state they are. Abstracts cannot be so satisfactory. I will communicate them to your Lordship at any time you may be pleased to mention.

It appears to me unfortunate that the vessels lately sailed from hence to America carry with them discontents on account of Americans impressed and detained. Those discontents will naturally add to the impressions made by masters of vessels and others daily returning from the West Indies, and publishing details of the severities which they there experienced. People who suffer will feel; and their friends and others will also feel for them. With great respect and esteem I have the honour to be, my Lord, your Lordship’s most obedient and most humble servant,

John Jay.

JAY TO EDMUND RANDOLPH.

London, 30th July, 1794.

Sir:

The great and, I believe, unexpected events in Flanders, and the unusual number of interesting affairs which constantly demand the attention of the British Cabinet, keep their ministers unceasingly employed, and is, doubtless, one reason why more time has not been allotted to our concerns. We are, nevertheless, beginning to do business apparently in good earnest. The minister is (if I may say so) besieged by our British creditors. The subject of the debts is attended with difficulties. The minister has been informed that the law in Virginia relative to the evidence of book debts has, since the war, been made more strict than it was before. If the law has been thus changed, and made to apply to pre-existing transactions, there is room for complaint. I wish to have exact information on this head.

I am to see Lord Grenville to-morrow at 11 o’clock, by appointment, on the business of spoliation and impressments, when I hope he will be prepared to say something decisive. I have laid before him several of the cases you sent me, and also the statement by the captains of vessels taken at Martinique. Of the facts mentioned in the latter, he had never received any information.

I know the impatience that must prevail in our country. At times I find it difficult to repress my own impatience; but for all things there is a season. The importance of moderation and caution in the present moment is obvious, and will, it is to be hoped, continue to operate on the minds and conduct of our fellow-citizens. As yet I do not apprehend that I have committed any mistakes in this business. I wish I may be able to say as much at the conclusion of it.

I have read your thirty odd papers to and from and respecting Mr. Hammond and his complaints. You have, in my opinion, managed that matter well; continue, by all means, to be temperate, and put him in the wrong. Let us hope for the best and prepare for the worst. I confess I have hopes, but I also perceive circumstances and causes which may render them abortive.

This letter cannot be satisfactory; it amounts to little more than this: that nothing decisive has yet been done, and that I cannot tell you whether anything, and what, will be done. So is the case; and such will often be the case pending any negotiation, or any game connected with events not in our power to control. In both, chances frequently defeat skill, and as frequently give to skill unmerited reputation. For these things I must take my chance.

I have the honour to be, with great respect, etc.,

John Jay.

JAY TO LORD GRENVILLE.

The undersigned, envoy of the United States of America, has the honour of representing to the Right Honorable Lord Grenville, his Britannic Majesty’s Secretary of State for the Department of Foreign Affairs:

That a very considerable number of American vessels have been irregularly captured, and as improperly condemned by certain of his Majesty’s officers and judges.

That, in various instances, these captures and condemnations were so conducted, and the captured placed under such unfavourable circumstances, as that, for want of the securities required, and other obstacles, no appeals were made in certain cases, nor any claims in others.

The undersigned presumes that these facts will appear from the documents which he has had the honour of submitting to his Lordship’s consideration; and that it will not be deemed necessary, at present, to particularize these cases and their merits, or detail the circumstances which discriminate some from others.

That great and extensive injuries having thus, under colour of his Majesty’s authority and commissions, been done to a numerous class of American merchants, the United States can, for reparation, have recourse only to the justice, authority, and interposition of his Majesty.

That the vessels and property taken and condemned have been chiefly sold, and the proceeds divided among a great number of persons, of whom some are dead, some unable to make retribution, and others, from frequent removals and their particular circumstances, not easily reached by civil process.

That as, for these losses and injuries, adequate compensation, by means of judicial proceedings, has become impracticable, and, considering the causes which combined to produce them, the United States confide in his Majesty’s justice and magnanimity to cause such compensation to be made to these innocent sufferers as may be consistent with equity; and the undersigned flatters himself that such principles may, without difficulty, be adopted, as will serve as rules whereby to ascertain the cases and the amount of compensation.

So grievous are the expenses and delays attending litigated suits, to persons whose fortunes have been so materially affected, and so great is the distance of Great Britain from America, that the undersigned thinks he ought to express his anxiety that a mode of proceeding as summary and little expensive may be devised as circumstances and the peculiar hardship of these cases may appear to permit and require.

And as (at least in some of these cases) it may be expedient and necessary, as well as just, that the sentences of the courts of vice-admiralty should be revised and corrected by the Court of Appeals here, the undersigned hopes it will appear reasonable to his Majesty to order that the captured in question (who have not already so done) be there admitted to enter both their appeals and their claims.

The undersigned also finds it to be his duty to represent that the irregularities before mentioned extended not only to the capture and condemnation of American vessels and property, and to unusual personal severities, but even to the impressment of American citizens to serve on board of armed vessels. He forbears to dwell on the injuries done to the unfortunate individuals, or on the emotions which they must naturally excite, either in the breast of the nation to whom they belong, or of the just and humane of every country. His reliance on the justice and benevolence of his Majesty leads him to indulge a pleasing expectation that orders will be given that Americans so circumstanced be immediately liberated, and that persons honoured with his Majesty’s commissions do, in future, abstain from similar violences.

It is with cordial satisfaction that the undersigned reflects on the impressions which such equitable and conciliatory measures would make on the minds of the United States, and how naturally they would inspire and cherish those sentiments and dispositions which never fail to preserve, as well as to produce, respect, esteem, and friendship.

John Jay.

London, July 30, 1794.

LORD GRENVILLE TO JAY.

Downing St., August 1, 1794.

The undersigned, Secretary of State, has had the honor to lay before the King, the ministerial note which he has received from Mr. Jay, envoy extraordinary and minister plenipotentiary from the United States of America, respecting the alleged irregularity of the capture and condemnation of several American vessels, and also respecting the circumstances of personal severity by which those proceedings are stated to have been accompanied in some particular instances.

The undersigned is authorized to assure Mr. Jay, that it is His Majesty’s wish that the most complete and impartial justice should be done to all the citizens of America, who may, in fact, have been injured by any of the proceedings above mentioned. All experience shows that a naval war, extending over the four quarters of the globe, must unavoidably be productive of some inconveniences to the commerce of neutral nations, and that no care can prevent some irregularities in the course of those proceedings, which are universally recognized as resulting from the just rights incident to all belligerent Powers. But the King will always be desirous that these inconveniences and irregularities should be as much limited as the nature of the case will admit, and that the fullest opportunity should be given to all to prefer their complaints, and to obtain redress and compensation where they are due.

In Mr. Jay’s note, mention is made of several cases where the parties have hitherto omitted to prefer their claims, and of others where no appeals have been made from the sentences of condemnation pronounced in the first instance.

As to the cases of the first description, Lord Grenville apprehends that the regular course of law is still open to the claimants; and that, by preferring appeals to the commissioners of prize causes here, against the sentence of the courts below, the whole merits of those cases may be brought forward, and the most complete justice obtained.

In the cases of the second description the proceedings might, in some instances, be more difficult, from the lapse of time usually allotted for preferring appeals. But His Majesty being anxious that no temporary or local circumstances, such as those to which Mr. Jay refers in his note, should impede the course of substantial justice, has been pleased to refer it to the proper officers to consider of a mode of enlarging the time for receiving the appeals in those cases, in order to admit the claimants to bring their complaints before the regular court appointed for that purpose.

The undersigned has no doubt, that, in this manner, a very considerable part of the injuries alleged to have been suffered by the Americans may, if the complaints are well founded, be redressed in the usual course of judicial proceeding, at a very small expense to the parties, and without any other interposition of His Majesty’s Government than is above stated. Until the result and effect of these proceedings shall be known, no definite judgment can be formed respecting the nature and extent of those cases, (if any such shall ultimately be found to exist) where it shall not have been practicable to obtain substantial redress in this mode. But he does not hesitate to say, beforehand, that, if cases shall then be found to exist to such an extent as properly to call for the interposition of Government, where, without the fault of the parties complaining, they shall be unable, from whatever circumstances, to procure such redress, in the ordinary course of law, as the justice of their cases may entitle them to expect, His Majesty will be anxious that justice should, at all events, be done, and will readily enter into the discussion of the measures to be adopted, and the principles to be established for that purpose.

With respect to all acts of personal severity and violence, as the King must entirely disapprove every such transaction, so His Majesty’s courts are always open for the punishment of offences of this nature; and for giving redress to the sufferers in every case, where the fact can be established by satisfactory proof; nor does it appear that any case of that nature can exist where there would be the smallest difficulty of obtaining, in that mode, substantial and exemplary justice.

On the subject of the impress, Lord Grenville has only to assure Mr. Jay, that if, in any instance, American seamen have been impressed into the King’s service, it has been contrary to the King’s desire; though such cases may have occasionally arisen from the difficulty of discriminating between British and American seamen, especially where there so often exists an interest and intention to deceive.

Whenever any representation has been made to Lord Grenville on this subject, he has never failed to receive His Majesty’s command for putting it in a proper course in order that the facts might be inquired into, and ascertained; and to the extent that the persons in question might be released, if the facts appeared to be satisfactorily established.

With respect to the desire expressed by Mr. Jay that new orders might be given with a view to prevent, as far as it is possible, the giving any just ground of complaint on this head, Lord Grenville has no reason to doubt that His Majesty’s intentions respecting this point are already sufficiently understood by His Majesty’s officers employed on that service; but he has, nevertheless, obtained His Majesty’s permission to assure Mr. Jay, that instructions, to the effect desired, will be renewed, in consequence of his application.

The undersigned avails himself, with pleasure, of this opportunity to renew to Mr. Jay his assurances of his sincere esteem and consideration.

Grenville.

JAY TO PRESIDENT WASHINGTON.

London, 5th August, 1794.

Dear Sir:

I am this moment returned from a long conference with Lord Grenville. Our prospects become more and more promising as we advance in the business. The compensation cases are described in the answer, and the amount of damages will, I have reason to hope, be referred to the decision of commissioners mutually to be appointed by the two governments, and the money paid without delay on their certificate, and the business finished as speedily as may be possible. The question of admitting our vessels into the islands, under certain limitations, is under consideration, and will soon be decided. A treaty of commerce is on the carpet. All other things being agreed, the posts will be included. They contend that the article about the negroes does not extend to those who came in on their proclamation, to whom (being vested with the property in them by the rights of war) they gave freedom; but only to those who were, bona fide, the property of Americans when the war ceased. They will, I think, insist that British debts, so far as injured by lawful impediments, should be repaired by the United States, by decision of mutual commissioners. These things have passed in conversation, but no commitments on either side—and not to be of any official weight or use whatever.

The king observed to me the other day: “Well, sir, I imagine you begin to see that your mission will probably be successful.”—“I am happy, may it please your Majesty, to find that you entertain that idea.”—“Well, but don’t you perceive that it is like to be so?”—“There are some recent circumstances (the answer to my representation, etc.) which induce me to flatter myself that it will be so.” He nodded with a smile, signifying that it was to those circumstances that he alluded. The conversation then turned to indifferent topics; this was at the drawing-room.

I have never been more unceasingly employed than I have been for some time past, and still am. I hope for good, but God only knows. The Wm. Penn sails in the morning. I write these few lines in haste, to let you see that the business is going on as fast as can reasonably be expected; and that it is very important that peace and quiet should be preserved for the present. On hearing, last night, that one of our Indiamen had been carried into Halifax, I mentioned it to Lord Grenville. He will write immediately by the packet on the subject. Indeed, I believe that they are endeavouring to restore a proper conduct towards us everywhere, but it will take some time before the effect can be visible. I write all this to you in confidence, and for your private satisfaction. I have not time to explain my reasons, but they are cogent. I could fill some sheets with interesting communications, if I had leisure; but other matters press, and must not be postponed, for “there is a tide in human affairs,” of which every moment is precious. Whatever may be the issue, nothing in my power to ensure success shall be neglected or delayed.

With sincere respect, esteem, and attachment, I am, dear sir,

Your obliged and obedient servant,

John Jay.

JAY TO JUDGE HOBART.

London, 12th August, 1794.

My Good Friend:

I passed this morning in a visit to Sir John Sinclair, President of the Board of Agriculture, and to Col. Bentham, who is preparing for the establishment of a panopticon, agreeable to the plan delineated in a publication which I once communicated to you.

The Agricultural Society is incorporated with a yearly allowance, by government, of three thousand pounds. Their plans are extensive; they have been singularly industrious, and much has been done. I enclose you the proposed plan of their general report; if executed in the extent and in the manner intended, it will be the most interesting work of the kind, respecting husbandry, which has appeared in any country.

Sir John showed us sheep of different breeds, stuffed and prepared in the highest degree of perfection. Of these, drawings are making; models are collecting of the most useful machines; among them is one for cleaning grain from the straw, which, by the help of two horses and a man and a boy, will do 70 or 80 bushels per day. They begin to be in use among the farmers, which I consider as a proof of their answering the purpose.

Among the sheep, the Teeswater is the largest. Sir John showed me a fleece presented to the Board, which weighed twenty odd pounds. He tells me they frequently weigh sixty pounds a quarter.

From Saxony, he is informed that the Spanish breed had been imported there; that they succeeded well, and did not degenerate. They sent him a sample of the wool. I enclose a lock of it. This fact shows that the fineness of wool depends not less on breed than on management.

Sir John has a farm in Scotland which rented for £300 a year. It was employed in raising store-cattle, which were usually sold into England, and fattened for the London market. He dismissed the cattle, and introduced sheep; it proved profitable, and he is now offered £1,200 a year for it. His flock is 3,000.

The progress of husbandry in this country is astonishing; the king patronizes it, and is himself a great farmer. He has been doing much in that way at Windsor.

Colonel Bentham has invented a number of curious and very useful machines, intended to be introduced into the panopticon. He showed us a model of the building; it seems admirably calculated for its purposes.

He has a machine for sawing at once from a plank the felloe of a wheel to its form, another contrivance for cutting it to its proper length and angle, another for finishing the spoke, another for boring and mortising the hub, another for driving the spokes. He has one for turning a circular saw for small work, another for making the mouldings, if they may be so called, on the pieces which form sashes; one for sawing stone, others for working different kinds of saws into many slabs at once, another for polishing them, another for planing boards, and taking a shaving of its full width from one end to the other, etc., etc., etc. He has patents for these machines; but as yet they cannot be purchased. He has one for cutting corks with incredible expedition.

Governor Hunter, from Norfolk Island, with whom I was last week in company, speaking of its productions, mentioned that among the birds there were swans that were black, having only a few white feathers in the wings. They are plenty. One stuffed and well preserved, I am told, is here. As yet I have not seen it. He also mentioned a wild flax growing on upland to about three feet high, and good. I do not yet learn that any of the seed of it is here.

They who have leisure and a turn for these things, might here acquire much entertaining and some useful information. Want of time represses my curiosity, and will not allow me to pay much attention to objects unconnected with those of my mission.

I am, dear sir,
Your affectionate friend and servant,

John Jay.

JAY TO COLONEL READ.

London, 14th August, 1794.

Dear Sir:

We have both heard it asserted that a man’s character may be discerned from his handwriting. If that be true, you and our friend, Edward Rutledge, must be as enigmatical and unintelligible as Oliver Cromwell, and yet neither of you resemble him more than he did an honest man.

The kindness diffused through your letter of the 19th of June paid me for the trouble of deciphering it. Two or three words, however, proved too hard for me. To judge from the context, I presume they mean something good and friendly, and therefore that I have reason to be pleased with the ideas conveyed by them, although I do not know precisely what they are.

Peace, my dear sir, was formally thought a good sort of thing; but within these last few years past it seems to have been going fast out of fashion. But, to be serious, there seems to be something more than common at work in, or on, the human mind, and urging it to enterprise, tending to introduce a new state of things. Symptoms of it appear more or less, and in different degrees, in all parts of Europe,—even in Spain, where quiescency in every sense has long been cherished. Geneva is at this moment undergoing another revolution. Where next, no one can tell. Our country may catch the flame. We live in an eventful season. We have nothing to do but our duty, and one part of it is to prepare for every event. Let us preserve peace while it can be done with propriety; and if in that we fail, let us wage war,—not in newspapers, and impotent sarcasms, but with manly firmness, and unanimous and vigorous efforts.

I have had the pleasure of seeing your brother frequently, and am pleased with him. He is gone to Scotland. He has communicated to me a circumstance that I rejoice in.

Assure Mrs. Read of my best wishes. With real esteem and regard, I am, dear sir,

Your most obedient and humble servant,

John Jay.

JAY TO LINDLEY MURRAY.

Royal Hotel, Pall-Mall,
22d August, 1794.

Dear Sir:

I thank you very sincerely for the kind letter you were so obliging as to write me on the 15th of last month. The sentiments of esteem and regard which are expressed in it afford additional inducements to my endeavours to deserve them.

To see things as being what they are, to estimate them aright, and to act accordingly, are of all attainments the most important. Circumstanced as we are, it is exceedingly difficult to acquire either of these, and especially the last, in any eminent degree; but in proportion to our progress, so will be our wisdom and our prospect of happiness.

I perceive that we concur in thinking that we must go home to be happy, and that our home is not in this world. Here we have nothing to do but our duty, and by it to regulate our business and our pleasures; for there are innocent as well as vicious pleasures, and travellers through the world (as we all are) may, without scruple, gratefully enjoy the good roads, pleasant scenes, and agreeable accommodations with which Providence may be pleased to render our journey more cheerful and comfortable; but in search of these we are not to deviate from the main road, nor, when they occur, should we permit them to detain or retard us. The theory of prudence is sublime and in many respects simple. The practice is difficult; and it necessarily must be so, or this would cease to be a state of probation.

The sentiments diffused through your book are just, striking, and useful; but, my good friend, our opinions are oftener right than our conduct. Among the strange things of this world, nothing seems more strange than that men pursuing happiness should knowingly quit the right and take a wrong road, and frequently do what their judgments neither approve nor prefer. Yet so is the fact; and this fact points strongly to the necessity of our being healed, or restored, or regenerated by a power more energetic than any of those which properly belong to the human mind.

We perceive that a great breach has been made in the moral and physical systems by the introduction of moral and physical evil; how or why, we know not; so, however, it is, and it certainly seems proper that this breach should be closed and order restored. For this purpose only one adequate plan has ever appeared in the world, and that is the Christian dispensation. In this plan I have full faith. Man, in his present state, appears to be a degraded creature; his best gold is mixed with dross, and his best motives are very far from being pure and free from earth and impurity.

I mention these things that you may see the state of my mind relative to these interesting subjects, and to relieve yours from doubts which your friendship for me might render disagreeable.

I regret your want of health and the bodily afflictions with which you are visited. God only knows what is best. Many will have reason to rejoice, in the end, for the days wherein they have seen adversity. Your mind is in full strength and vigour, and that is an inestimable blessing.

It really would give me great pleasure to visit you before I return; but I dare not promise myself that satisfaction, being so much and so constantly under the direction of circumstances which I cannot control.

As to the wars now waging, they appear to me to be of a different description from ordinary ones. They are, in my opinion, as unlike common wars as the great plague in London was unlike common sicknesses. I think we are just entering on the age of revolutions, and that the impurities of our moral atmosphere (if if I may use the expression) are about to be purified by a succession of political storms. I sincerely wish for general peace and good-will among men, but I shall be mistaken if (short intervals excepted) the season for those blessings is not at some distance. If any country escapes, I am inclined to think it will be our own; and I am led to this opinion by general principles and reasonings, and not by particular facts or occurrences, some of which so strongly favour a contrary idea as to produce in my mind much doubt and apprehension.

I am, dear sir,
Your affectionate friend,

John Jay.

JAY TO JAMES MONROE.

London, 28th August, 1794.

Sir:

In July, 1792, Miss Bainstow, a young lady, now of seventeen, and whose family reside near this city, was placed at Boulogne, under the care and in the house of Madame Delseaux, a respectable widow lady there, for the benefit of education.

In September last she was, together with her friend and fellow-pensioner, Miss Hornblow, arrested and confined in a convent.

In the January following they were removed back to Madame Delseaux’s house, where they still remain confined in the manner prescribed by the decree.

Miss Bainstow’s friends are exceedingly solicitous to interest your kind offices in favour of these young ladies. They entreat me to lay these facts before you, and convey their most earnest requests that you will be so good as to endeavour to obtain permission for them to return home.

When I consider what my feelings would be, had I a daughter of that age so circumstanced, I find it impossible to resist this application. I know by experience that business not connected with the objects of one’s mission can seldom be pleasant. The business of humanity, however, seems to be attached to opportunities of doing it. I will not enlarge on this subject; every remark incident to it will occur to you. For my part I am not apprised of any objection to permitting these foreign children to go home to their parents; and should such a general permission be effected by your means, the remembrance of it would be sweet to you for ever.

I remain, sir,
Your most obedient and humble servant,

John Jay.

PRESIDENT WASHINGTON TO JAY.

Philadelphia, August 30, 1794.

My Dear Sir:

Your letter of the 23d of June, from London, and duplicate, have both been received; and your safe arrival, after so short a passage, gave sincere pleasure, as well on private as on public account, to all your friends in this country, and to none in a greater degree, I can venture to assure you, than it did to myself.

As you will receive letters from the Secretary of State’s office, giving an official account of public occurrences as they have arisen and progressed, it is unnecessary for me to retouch any of them; and yet I cannot restrain myself from making some observations on the most recent of them, the communication of which was received this morning only. I mean the protest of the governor of Upper Canada (delivered by Lieut. Sheaffe), against our occupying lands far from any of the posts, which, long ago, they ought to have surrendered, and far within the known, and until now, the acknowledged limits of the United States.

On this irregular and high-handed proceeding of Mr. Simcoe, which is no longer masked, I would rather hear what the ministry of Great Britain will say, than pronounce my own sentiments thereon. But can that government, or will it attempt, after this official act of one of their governors, to hold out ideas of friendly intentions towards the United States, and suffer such conduct to pass with impunity?

This may be considered as the most open and daring act of the British agents in America, though it is not the most hostile or cruel; for there does not remain a doubt, in the mind of any well-informed person in this country (not shut against conviction), that all the difficulties we encounter with the Indians, their hostilities, the murders of helpless women and innocent children along our frontiers, result from the conduct of the agents of Great Britain in this country. In vain, is it, then, for its administration, in Britain, to disavow having given orders which will warrant such conduct, while their agents go unpunished, while we have a thousand corroborating circumstances, and indeed almost as many evidences (some of which cannot be brought forward), to prove that they are seducing from our alliances (endeavouring to remove them over the line) tribes that have hitherto been kept in peace and friendship with us, at a heavy expense, and who have no cause of complaint, except pretended ones of their own creating; while they keep in a state of irritation the tribes who are hostile to us, and instigating those who know little of us, or we of them, to unite in the war against us; and while it is an undeniable fact that they are furnishing the whole with arms, ammunition, clothing, and even provisions to carry on the war, I might go further, and if they are not much belied, add men also, in disguise.

Can it be expected, I ask, so long as these things are known in the United States, or at least firmly believed, and suffered with impunity by Great Britain, that there ever will or can be any cordiality between the two countries? I answer, no; and I will undertake, without the gift of prophecy, to predict, that it will be impossible to keep this country in a state of amity with Great Britain long, if the posts are not surrendered. A knowledge of these being my sentiments would have little weight, I am persuaded, with the British administration, nor, perhaps, with the nation, in effecting the measure; but both may rest satisfied that if they want to be in peace with this country, and want to enjoy the benefits of its trade, etc., this is the road to it—withholding them, and the consequences we feel at present continuing—war inevitably.

This letter is written to you in extreme haste, while the papers respecting this subject are copying at the Secretary of State’s office, to go by express to New York, for a vessel which we have just heard sails to-morrow; you will readily perceive, therefore, I had no time for digesting and as little for correcting it. I shall only add that you may be assured always of the sincere friendship and affection of

Your obedient humble servant,

George Washington.

JAY TO NICHOLAS CRUGER.

London, 11 September, 1794.

Dear Sir:

A gentleman in Holland has been so obliging as to send me a plan to make my fortune, even to the extent of many millions of pounds sterling. It unfortunately happens that more mercantile knowledge is necessary to the execution of this plan than I possess, so that like many others I must go without a fortune for want of knowing how to get one. That, my good friend, is not your case; having already made one fortune, you certainly know better how to make another than a person who has never made any. You will find this golden plan enclosed. If the extensive concerns in which you are already engaged should render its magnitude inconvenient, might it not be well to let our friends Le Roy and Bayard share in it? I mention them, because I esteem and like them, and because their acquaintance with the commerce of Holland and their connections in that country would afford facilities to all parties. At any rate, give me credit for good-will. If this plan does not make you more rich it will not make you less merry, and mirth sometimes does a man as much good as money.

Present my best compliments to Mrs. Cruger. With sincere wishes for your and her health and happiness, I am, dear sir,

Your most obedient and humble servant,

John Jay.

P. S.—The address of my correspondent is (in his own words) Mynheer de Heer Dirk Van Beest, op de Voor Straat de Dordrecht.

JAY TO PRESIDENT WASHINGTON.

[Private.]

London, 13 September, 1794.

Dear Sir:

My letter to Mr. Randolph, which accompanies this, contains very full and accurate information respecting our negotiations here. You will perceive that many points are under consideration, and that alterations will probably yet take place in several articles. Although it is uncertain, yet it is not altogether improbable, that Lord Grenville and myself may agree on terms which, in my opinion, should not be rejected. In that case, I shall be strongly induced to conclude, rather than by delays risk a change of views, and measures, and ministers, which unforeseen circumstances might occasion.

The secretary’s letter, by Mr. Monroe, and the speech of the latter to the Convention, are printed, and have caused a disagreeable sensation on the public mind here, and probably on that of the government.1 The one written by you is spoken of as being within the limits of diplomatic forms.

Gentlemen, whether in or out of office, are doubtless free in their affections or predilections for persons or nations; but as the situation of the United States is neutral, so also should be their language to the belligerent powers. Neither can it be proper to adopt any mode of pleasing one party that would naturally be offensive to the other; and more particularly at a time when with that other a negotiation for peace, commerce, and friendship is pending.

To be fair, upright, and prudent is to be politic; and of the truth of this maxim, your character, and very singular degree of respectability, weight, and reputation, afford the strongest proof.

I learn that Virginia is escheating British property, and I hear of other occurrences which I regret; but they shall not abate my perseverance in endeavouring to prosecute peace, and bring the negotiation to such a conclusion as will either ensure peace with this country, or produce union among ourselves in prosecuting war against it. Whatever may be the issue, I am determined not to lose the only satisfaction that I can be sure of, viz., the satisfaction resulting from a consciousness of having done my duty.

That attempts will be made in America to frustrate this negotiation, I have not the most distant shadow of a doubt. I brought this belief and opinion with me; and my dependence then was, and still is, on the wisdom, firmness, and integrity of the government; on the general good sense of our people; and on those enlightened and virtuous characters among them who regard the peace, honour, and welfare of their country as primary objects. These men regret the differences which subsist between this country and their own, and sincerely desire to see mutual animosities give way to mutual good-will. As to a political connection with any country, I hope it will never be judged necessary, for I very much doubt whether it would ultimately be found useful; it would, in my opinion, introduce foreign influence, which I consider as the worst of political plagues.

With the best wishes for your health and happiness, and with perfect respect, esteem, and attachment,

I am, dear sir,
Your most obedient and obliged servant,

John Jay.

JAY TO EDMUND RANDOLPH.1

London, September 13, 1794.

Sir:

Hitherto my letters have communicated to you but little information of much importance, except on one point. Although all the general objects of my mission were opened at once, and were received with every indication of the same candour and disposition to agreement with which they were stated, yet the nature of the business turned the immediate and more particular attention of both parties to the affair of the captures; the result has been communicated to you.

A number of informal conversations on other points then took place, and every difficulty which attended them came into view, and was discussed with great fairness and temper; the inquiry naturally led to the fact, which constituted the first violation of the treaty of peace? The carrying away of the negroes contrary to the 7th article of the treaty of peace, was insisted upon as being the first aggression. To this it was answered, in substance, that Great Britain understood the stipulation contained in that article, in the obvious sense of the words which expressed it, viz., as an engagement not to cause any destruction, nor to carry away any negroes or other property of the American inhabitants; or, in other words, that the evacuation should be made without depredation; that no alteration in the actual state of property was operated or intended by that article, that every slave, like every horse, which escaped or strayed from within the American lines, and came into the possession of the British army, became, by the laws and rights of war, British property; and, therefore, ceasing to be American property, the exportation thereof was not inhibited by the stipulation in question; that to extend it to the negroes, who, under the faith of proclamations, had come in to them, of whom they thereby acquired the property, and to whom, according to promise, liberty had been given, was to give to the article a greater latitude than the terms of it would warrant, and was also, unnecessarily, to give it a construction which, being odious, could not be supported by the known and established rules for construing treaties. To this was replied the several remarks and considerations which are mentioned at large in a report which I once made to Congress on this subject, and which, for that reason, it would be useless here to repeat; on this point we could not agree.

I then brought into view another circumstance, as affording us just cause of complaint, antecedent to any of those urged against us, viz., that, from the documents recited and stated in Mr. Jefferson’s letter to Mr. Hammond, it appears that the posts were not only not evacuated within the reasonable time stipulated by treaty but also that no orders for the purpose had, at least within that time, if ever, been given.

To this it was answered, that the provisional articles were signed at Paris on the 30th of November, 1782; that those articles were to constitute the treaty of peace proposed to be concluded between Great Britain and the United States, but which treaty was not to be concluded till terms of peace should be agreed upon between Great Britain and France; that the treaty of peace was not concluded until the 3d of September, 1783; that it was not ratified in America until the 14th of January, 1784; and that the ratification was not received in London until the 28th May, 1784, nor exchanged until the end of that month; that, according to the laws of nations, treaties do not oblige the parties to begin to execute the engagements contained in them, until they have received their whole form that is, until after they shall have been ratified by the respective sovereigns that are the parties to them, and until after those ratifications shall have been exchanged; that, therefore, it was not until the end of May, 1784, that Great Britain was bound to give any orders to evacuate the posts; that such orders could not arrive at Quebec, until in July, 1784; and, consequently, that the allegations of a breach of the treaty by the non-execution of the article respecting the posts, grounded on circumstances prior to the 13th July, 1784, are evidently unfounded; that, in the interval between the arrival and publication in America, of the provisional articles, and the month of July, 1784, by which time, at soonest, orders (issued after the exchange of the ratifications of the treaty of peace, the last of May) could reach Quebec, incontestible violations of the treaty had taken place in the United States; that reason and the practice of nations warrant, during a suspension of hostilities, only such measures as result from a continuance of the status quo, until the final exchange of ratifications; that in opposition to this, new legislative acts had, in the interval before mentioned, been passed, which were evidently calculated to be beforehand with the treaty, and to prevent its having its full and fair operation on certain points and objects, when it should be ratified and take effect; that these acts were the first violations of the treaty, and justified Great Britain in detaining the posts until the injuries caused by their operation should be compensated.

That Great Britain was not bound to evacuate the posts, nor to give any orders for the purpose, until after the exchange of the ratifications, does appear to me to be a proposition that cannot be reasonably disputed.

That certain legislative acts did pass in the United States, in the interval aforesaid, which were inconsistent with the treaty of peace, is equally certain; but it does not thence necessarily follow that those acts were without justice, even as relative to the treaty, for precedent violations on the part of Great Britain would justify subsequent retaliation on the part of the United States. Here again the affair of the negroes emerged, and was insisted upon, and was answered as before. I confess, however, that his construction of that article has made an impression upon my mind, and induced me to suspect that my former opinion on that head may not be well founded.

Thus it became evident that admissions of infractions of the treaty of peace, and that this or that party committed the first aggression, were not to be expected, and that such discussions would never produce a settlement.

It then became advisable to quit those topics, and to try and agree on such a set of reciprocal concessions as (balancing each other) might afford articles for a treaty, so beneficial to both parties as to induce them to bury in it all former questions and disputes. This idea gave occasion to a variety of propositions of different kinds, which it would be tedious and useless to enumerate, and of which you will readily conceive there were some that could not meet with mutual approbation; among those which were mentioned was one for altering essentially our boundaries in the northwestern corner of the United States; this I regarded as inadmissible, and hoped would not be persisted in; one for doing us complete justice respecting captures; one for partially opening to us a trade with the West India Islands; one for our paying the damages sustained by British creditors by lawful impediments; this was strongly insisted on. I did not think it utterly inadmissible in case we received proper justice and privileges under other articles; for then, in my judgment, it would not be advisable to part and separate on that point, and various reasons convinced me it would be adhered to; one for putting the ships and merchants of both parties on an equal footing. In short, in order to bring the whole subject comprehensively to view, nothing that occurred was omitted to be mentioned; these were free conversations, neither of us considering the other as being committed by anything that was said or proposed.

It was necessary then to select points for mutual consideration, and quitting desultory discussions, to fix our attention on certain propositions, each being at liberty to propose what he pleased, and again to retract his proposition, if, on mature reflection, he should be so inclined: with this view, after returning home, I selected the following, and having reduced them to writing, sent them to Lord Grenville for his consideration; in the mean time employing myself in reflecting, and endeavouring to decide in my own mind, how far, and with what modifications or omissions, it would be proper to adopt them:

August 6th, 1794.

Mr. Jay presents his compliments to Lord Grenville, and encloses some outlines for a convention and treaty of commerce; some of them appear to him questionable. More mature reflection, and the light which usually springs from mutual discussions, may occasion alterations. Many of the common articles are omitted, and will be inserted of course. It is very desirable that it may be concluded in season to arrive about the 1st of November.

Right Honorable Lord Grenville, etc., etc.

The paper that was enclosed is in these words, viz

Whereas between His Majesty the King of Great Britain and the United States of America there do exist mutual complaints, and consequent claims, originating as well in certain articles of their treaty of peace as in the law of nations relative to the respective rights of belligerent and neutral nations:

And whereas both the said parties being sincerely desirous to establish permanent peace and friendship, by a convention that may be satisfactory and reciprocally advantageous, have respectfully empowered their undersigned ministers to treat of, and conclude the same:

And whereas the said ministers find it impossible to admit the said mutual complaints and claims of the first description, to be well founded in their existing extent; and to the end that the obstacles to concord and agreement, which thence arise, may be done away, they have agreed that all the said complaints and claims shall be forever merged and sunk in the following articles, viz.

The boundaries of the United States, as delineated in the said treaty of peace, and every article in the said treaty contained, are hereby recognized, ratified, and forever confirmed; but, inasmuch as the parties differ as to which is the river intended by the treaty, and therein called the river St. Croix, it is agreed that the said question shall be referred to the final decision of ——— commissioners, to be appointed and empowered as follows, viz.

Whereas it is doubtful whether the river Mississippi extends so far to the northward as to be intersected by the west line from the Lake of the Woods, which is mentioned in the said treaty, it is agreed that the actual extent of the said river to the northward shall be explored and ascertained by commissioners for that purpose, to be appointed and authorized as follows, viz.

It is agreed that if, from the report of said commissioners, it shall appear that the said river does not extend so far to the northward as to be intersected by the west line aforesaid, by reason whereof the boundary lines of the United States in that quarter would not close, then, and forthwith thereupon, such a closing line shall be established as shall be adjudged and determined to be most consistent with the true intent and meaning of the said treaty by ——— commissioners, to be appointed and authorized in the manner prescribed in the article relative to those who are to decide which is the river St. Croix, intended by the said treaty; with these differences only, viz.

It is agreed that His Majesty shall withdraw all his troops and garrisons from every post and place within the limits of the United States, by the 1st of June next, and that all settlers and traders within the precincts or commands of said posts and garrisons shall continue to have and enjoy, unmolested, all their property of every kind, and shall be protected therein; and may either remain and become citizens of the United States, or may sell their land or other property, and remove, with their effects, at any time within two years from the 1st of June next.

It is agreed that His Majesty will cause full and complete satisfaction and compensation to be made for all vessels and property of American citizens which have been, or, during the course of the present war, shall be, illegally captured and condemned, under color of authority and commissions derived from him; and that in all cases where it shall be apparent full justice and compensation cannot be obtained and actually had, in the ordinary course of judicial proceedings; and for this purpose ——— commissioners shall be appointed and empowered in manner following, viz.

And whereas debts bona fide contracted before the peace, and remaining unpaid by American debtors to British creditors, have probably, in some instances, been prejudiced and rendered more precarious by the lawful impediments which, after the peace, did for some time exist, to their being prosecuted and recovered, it is agreed that in all cases where it shall be apparent that the said creditors, by the operation of the said impediments, on the security and value of their debts, have sustained damage, for which adequate reparation cannot now be obtained, and actually had, in the ordinary course of judicial proceedings (it being understood that in these damages, interest shall be included only in cases where, according to equity and good conscience, all things being considered, it ought to be allowed and paid), the United States will make full and complete satisfaction and compensation to the said creditors for the same; and for this purpose commissioners shall be appointed and authorized in the manner prescribed in the preceding article; with these differences only, viz.

It is agreed that it shall be and may be lawful for the said United States and their citizens to carry, in their own vessels, of the burthen of one hundred tons, or under, from the said United States, any goods, wares, and merchandises, which British vessels now carry from the United States, to any of His Majesty’s islands and ports in the West Indies; and shall pay in the said islands and ports only such rates of tonnage as British vessels do, or shall be liable to, pay in the United States; and only such other charges, imposts, and duties, as British vessels and cargoes laden in, and arriving from, the United States, now are, or hereafter shall be, lawfully liable to in the said islands and ports; and that it shall and may be lawful for the said American vessels to purchase, lade, and carry away, from the said islands and ports, all such of the productions and manufactures of the said islands as they may think proper, and paying only such duties and charges on exportation as such vessels and cargoes, if British, would be liable to; Provided always, That they carry and land the same in the United States, and at no place whatever out of the same; it being expressly agreed and declared, that West India productions or manufactures shall not be transported in American vessels, either from His Majesty’s said islands, or from the United States, to any part of the world except the United States, reasonable sea stores excepted, and excepting, also, rum made in the United States from West India molasses.

It is agreed that all the other ports and territories of His Majesty, whatsoever and wheresoever, (not comprehended within the limits of his chartered trading companies) shall be free and open to the citizens of the United States, and that they, and their vessels and cargoes, shall therein enjoy all the commercial rights, and pay only the same duties and charges, either on importation or exportation, as if they were British merchants’ vessels and cargoes, except that they shall pay the same rate of tonnage as may be charged on British vessels in the United States. And, on the other hand, it is agreed that all the ports and territories of the United States, without exception, shall be free and open to British merchants and subjects, and that they and their vessels and cargoes shall therein enjoy all the commercial rights, and pay only the same duties and charges as if they were American merchants’ vessels and cargoes; it being the intention of this article that, in His Majesty’s territories (except as before excepted) American merchants and merchant vessels shall be exactly on the same footing with British merchants and merchant vessels, and that British merchants and merchant vessels shall, in all the territories of the United States, be exactly on the same footing with American merchants and merchant vessels, tonnage only excepted.

The trade between the United States and the British West Indies shall be considered as regulated and explained by the preceding article, and therefore as being excluded from the operation of the following articles:

It is agreed that all the productions and manufactures of His Majesty’s dominions in any part of the world may freely be imported in British or American vessels into the United States, subject equally and alike to the duties on importation which may there be established; and that all the productions and manufactures of the United States may be freely imported in American or British vessels into any of the said dominions of His Majesty, subject equally to the duties on importation which may there be established.

And to the end that these duties may be made reciprocal, it is agreed that additional articles for that purpose shall be negotiated and added to this convention as soon as may be conveniently done.

It is agreed that when Great Britain is at war and the United States neutral, no prizes taken from, or by, Great Britain shall be sold in the United States; and that, when the United States are at war, and Great Britain neutral, no prizes taken from, or by, the United States shall be sold in His Majesty’s dominions.

It is agreed that, if it should unfortunately happen that Great Britain and the United States should be at war, there shall be no privateers commissioned by them against each other, and that the merchants and others residing in each other’s countries shall be allowed nine months to retire with their effects, and shall not be liable to capture on their way home to their respective countries.

It is agreed that British subjects who now hold lands in the United States, and American citizens who now hold land in His Majesty’s dominions, shall continue to hold them according to the nature and tenure of their estates and titles therein, and may grant, and sell, and devise the same, as, and to whom they please, in like manner as if they were natives; and that neither they, nor their heirs or assigns, shall, so far as may respect the said lands, and the legal remedies incident thereto, be regarded as aliens.

It is agreed that neither debts due from individuals of the one nation to individuals of the other, nor shares or moneys which they may have in the funds, or in the public or private banks, shall ever, in any event of war or national differences be sequestered or confiscated; except that, in case of war, and only during its continuance, payment may be suspended, it being both unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differences and discontents.

From the 6th to the 30th of August nothing of importance occurred.

On the 30th day of August Lord Grenville wrote me a letter, and enclosed two draughts or projets of treaties. The letter is in these words, viz.:

August 30th, 1794.

Sir:

I have now the honor to transmit to you two projets, the one for regulating all points in dispute between His Majesty and the United States, the other for the establishment of commercial regulations. You will perceive that I have proceeded in forming these projets on the foundation of the paper you communicated to me, but that I have occasionally made such variations as seemed to me just and expedient. I have thought that some time might be saved by communicating them to you in this manner. Whenever you have sufficiently considered them to be enabled to converse, either on the whole, or on any distinct branches of so extensive a subject, I shall be very much at your order, having very sincerely at heart the speedy and favorable conclusion of our negotiation.

It would have been more satisfactory to me if I had found it practicable to send you these projets sooner; but you will, I am sure, be sensible of the circumstances which must, at this conjuncture, have interfered with the preparation of an arrangement intended to comprehend so extensive a subject, and to lay the foundation of lasting harmony and friendship between our two countries. Even in the state in which I now send you these papers, I am apprehensive that some verbal corrections may occur as necessary to give full effect to the objects intended to be provided for, supposing those objects to be mutually consented to; and I think there are one or two points, on which we have occasionally touched in our conversations, for which no provision is made in these projets. But I have preferred making the communication in its present shape rather than that any further delay should be created, and I trust, with real confidence, to your candor, respecting such further suggestions as I may occasionally see ground to state to you. I have the honor to be, &c. &c.

Grenville.

The draughts, or projets, are as follows, viz.:

First, the Preamble.

Article 1. It is agreed that His Majesty will withdraw all his troops and garrisons from the posts within the boundary line assigned by the treaty of peace to the United States. This evacuation shall take place on or before the first of June, 1796, and all the proper measures shall, in the interval, be taken by concert between His Majesty’s Governor General in America, and the Government of the United States, for settling the previous arrangements which may be necessary respecting the delivery of the said posts. All settlers and traders within the precincts or jurisdiction of said posts shall continue to have and to enjoy, unmolested, all their property of every kind, and shall be protected therein so long as they shall think proper to remain there, and shall be at full liberty to remove at such times as they shall think proper, and to sell their lands, houses, or effects, or to retain the property thereof. It shall at all times be free to His Majesty’s subjects, and to the Indians who are to the southward and westward of the Lakes, to pass and repass with their goods and merchandises, and to carry on their commerce within or without the jurisdiction of the said posts, in the manner hitherto accustomed, and without any hindrance or molestation from the officers or citizens of the United States. The several waters, carrying places, and roads, adjacent to the lakes, or communicating with them, shall continue to be free and open to His Majesty’s subjects, and to the Indians, for that purpose; and no impediment or obstacle shall be given to the passage of goods or merchandise of any kind; nor shall any duty be attempted to be levied upon them.

Art. 2. In order to remove all uncertainty with respect to said boundary line assigned to the United States by the said treaty of peace, the following arrangements have been agreed upon, between the two contracting parties to the said treaty, and are to be considered as forming a part thereof:

First. That, whereas doubts have arisen what river was truly intended, under the name of the river St. Croix, mentioned in the said treaty, and forming a part of the boundary therein described, that question shall be referred to the final decision of commissioners in London, to be appointed in the following manner, viz.: That one commissioner shall be named by His Majesty, and one by the United States, and that the said two commissioners shall agree on the choice of a third, or, if they cannot so agree, that they shall each propose one person, and that, of the two names so proposed, one shall be drawn by lot, in the presence of the two original commissioners; and that the three commissioners so appointed shall be sworn impartially to examine and decide the said question, according to such documents as shall respectively be laid before them, on the part of the British Government, and of the United States.

Secondly. That whereas it is now understood that the river Mississippi would, at no point thereof, be intersected by such westward line as is described in the said treaty: and, whereas it was stipulated, by the said treaty, that the navigation of the Mississippi should be free to both parties, it is agreed that the boundary line should run in the manner described by the said treaty, from the Lake Huron, to the northward of the Isle Philippeaux, in Lake Superior; and that from thence the said line shall proceed to the bottom of West Bay, in the said lake; and from thence, in a due west course, to the river of the Red Lake; or eastern branch of the Mississippi; and down the said branch to the main river of the Mississippi; and that, as well on the said branch, as on (——— or ——— through Lake Superior; and from thence to the water communication between the said lake, and the Lake of the Woods, to the point where the said water communication shall be intersected by a line running due north from the mouth of the River St. Croix, which falls into the Mississippi below the falls of St. Anthony, and that the boundary line shall proceed from such point of intersection, in a due southerly course, along the said line to the Mississippi, and that, as well on the said water communication, as on) every part of the Mississippi where the same bounds the territory of the United States, the navigation shall be free to both parties, and His Majesty’s subjects shall always be admitted to enter freely into the bays, ports, and creeks, on the American side, and to land and dwell there for the purposes of their commerce; and, for greater certainty, the undersigned ministers have annexed to each of the copies of this treaty a copy of the map made use of by them, with the boundaries marked thereon, agreeably to this article; and the boundaries of the United States, as fixed by the said treaty of peace, and by this treaty, together with all the other articles of the said treaty, are hereby recognized, ratified and forever confirmed.

Art. 3. Whereas it is alleged, by divers British merchants and others, His Majesty’s subjects, that debts, to a considerable amount, which were bona fide contracted before the peace, still remain owing to them by citizens or inhabitants of the United States, and that, by the operation of various lawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the security and value thereof has been impaired and lessened, and that, in many instances, the British creditors cannot now obtain, by the ordinary course of judicial proceedings, full and just relief for the loss and damage so sustained by them, it is agreed, that, in all cases where such relief cannot, for whatever reason, be now had by British creditors, in the ordinary course of justice, the United States of America will make full and complete satisfaction to the said creditors; and that, for this purpose, commissioners shall be appointed and authorized to act in America, in manner following, that is to say: two commissioners shall be named by His Majesty, and two by the United States, and a fifth by the unanimous choice of the other four; but, if they shall not agree in such choice, then one name shall be proposed by the British commissioners, and one by the commissioners of the United States, and one of the two names so proposed shall be drawn by lot, in the presence of the said original commissioners; and in case of death, sickness or necessary absence, the places of the said commissioners shall be respectively supplied in the same manner as such commissioners respectively were first appointed. The said five commissioners shall be sworn to hear all such complaints as shall, within the space of eighteen months from their first sitting, or within such further time as they shall see cause to allow for that purpose, be preferred to them, by British creditors, or their representatives, in virtue of this article, and impartially to determine the same, according to the true intent of this article, and of the treaty of peace.

And the said commissioners, in awarding such sums, as shall appear to them to be due to the said creditors by virtue of this article, are empowered to take into their consideration, and to determine, all claims, on account either of principal or interest, in respect of the said debts, and to decide respecting the same, according to the merits of the several cases, due regard being had to all the circumstances thereof, and as equity and justice shall appear to them to require; and the said commissioners shall be empowered to examine all persons, on oath, touching the premises, and also to receive in evidence, at their discretion, and according as they shall think most consistent with equity and justice, all written depositions, or books, or papers, or copies, or extracts thereof, every such deposition, book, paper, copy or extract, being duly authenticated, according to the legal forms now respectively existing in the two countries, or in such other manner as the said commissioners shall see cause to prescribe and require.

Three of the said commissioners shall constitute a board, and be empowered to do any act appertaining to the said commission; provided that in every such case, one of the commissioners named on each side, and the fifth commissioner, chosen as above, shall be present; and all decisions shall be made by the majority of voices of the commissioners then present.

The award of the said commissioners, or any three of them, as aforesaid, shall, in all cases, be final and conclusive, both as to the justice of the claim, and to the amount of the sum to be paid to the claimant; and the United States undertake to cause the same to be paid to such claimants, without deduction, in sterling money and in such place or places, and at such time or times, as shall be awarded by the said commissioners; and on condition of such releases to be given by the claimant of his demands against individuals, as to them shall appear just and reasonable.

Art. 4th. Whereas complaints have been made by divers merchants and others, citizens of the United States, that, during the course of the war in which His Majesty is now engaged, they have sustained considerable loss and damage, by reason of irregular or illegal captures, and condemnation of their vessels, under color of authority or commission from His Majesty; and that, from various circumstances belonging to the said cases, adequate compensation for the said losses cannot now be obtained by the ordinary course of judicial proceedings, it is agreed that, in all such cases, where adequate compensation cannot, for whatever reason, be now had by the said merchants and others, full and complete satisfaction will be made by the British Government, to the said complainants; and that, for this purpose, commissioners shall be appointed and authorized to act, in London, in the same manner, and with the same powers and authorities, and subject to the same restrictions as the commissioners named in the third article of this treaty; and that the award of the said commissioners shall, in like manner, be final and conclusive in all respects. And His Britannic Majesty engages to cause to be paid to such complainants, respectively, the amount of all sums so awarded, without deduction, in sterling money, and at such time or times, and in such place or places, as shall be awarded by the said commissioners, and on condition of such releases, on the part of the complainants, of their demands against individuals, as to the said commissioners shall appear just and reasonable.

And it is further agreed that, if it shall appear that, in the course of the war, loss and damage has been sustained by His Majesty’s subjects, by reason of the capture of their vessels and merchandise, such capture having been made, either within the limits of the jurisdiction of the said States, or by vessels armed in the ports of the said States, or by vessels commanded or owned by the citizens of the said States, the United States will make full satisfaction for such loss or damage, the same being to be ascertained by commissioners, in the manner already mentioned in this article.

Art. 5th. It is agreed that, with respect to the neutral commerce which one party may carry on with the European enemies of the other, when engaged in war, the principles to be observed by Great Britain towards the United States, and reciprocally by the United States towards Great Britain, shall always, and in all points, be the same as those which shall at that time be observed by the said parties, respectively, towards the most favored neutral nations of Europe, with the exception of such particular privileges as may, before the commencement of the war to which the same shall apply, have been granted, by special treaty, to particular European nations, and with such extensions or modifications as may occasionally be established by special treaty, between Great Britain and the United States, for their mutual convenience.

Art. 6th. It is agreed that, in all cases where vessels shall be captured or detained, on just suspicion of having on board enemies’ property, or of carrying to the enemy any of the articles which are contraband of war, the said vessels shall be brought to the nearest or most convenient port; and that all proper measures shall be taken to prevent delay in deciding the case of ships so brought in for adjudication, and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of such ships.

Art. 7th. When one of the contracting parties is engaged in war, and the other remains neutral, the said neutral Power shall not suffer the ships, vessels, goods, or merchandise of the other, which may be taken at sea or elsewhere, by the enemy, to be brought into any of its ports or dominions, and much less to be there sold or exchanged; but shall publicly forbid anything of that kind to be done. And if any ships, vessels, goods, or merchandise, of either of the contracting parties, or their people, or subjects, so taken, at sea, or elsewhere, shall be carried into the ports or countries of the other, by the enemy, neither the same, nor any part thereof, shall be allowed to be sold or exchanged in that port, or in any other place in the dominion of the said neutral party. The master of the ship or vessel so taken, as also the mariners and passengers of every description, shall, as soon as they arrive, be immediately set at liberty; and the said ship or vessel so brought, shall not be permitted to stay in that harbor, but shall be obliged immediately to leave the port, with her goods, merchandise, and lading, and without being allowed to return to the same, or to any other port in the dominions of the said neutral party; Provided, nevertheless, that nothing in this article shall be construed to derogate from the public treaties which have already been entered into by either of the contracting parties with other nations; but in so far as such treaties do not interfere, and in all cases to which they do not apply, the above article shall remain in full force, and shall be executed accordingly. And the contracting parties will not, in future, conclude any treaty in derogation of this article.

Art. 8th. It is agreed that the subjects and inhabitants of the kingdoms, provinces, and dominions, of the contracting parties, shall exercise no acts of hostility or violence against each other, either by sea or by land, or in rivers, streams, ports, or havens, under any color or pretence whatsoever, and particularly, that the subjects or people of either party shall not receive any patent, commission, or instruction, for arming, and acting at sea as privateers, or any letters of reprisal, as they are called, from any Prince or States, enemies to the other party; neither shall they arm ships in such manner as is above said, nor go out to sea therewith, for the purpose of exercising any act of violence against the subjects or people of the other contracting party; nor shall they, in any manner, molest or disturb the said subjects or people; to which end sufficient laws and regulations shall, if necessary, be provided; and, as often as it is required by either party, strict and express prohibitions shall be renewed and published, in all the territories, countries, and dominions, of each party, wheresoever, that no one shall, in any wise, use such commissions, or letters of reprisal, or engage in any such acts of hostility as aforesaid, under the pain of severe punishment, to be inflicted on the transgressors, besides their being liable to make full restitution and satisfaction to those to whom they have done any damage. Neither shall any letters of reprisal be hereafter granted by either of the said contracting parties, to the prejudice or detriment of the subjects of the other; except, only, in such case wherein justice is denied or delayed; which denial or delay of justice shall not be regarded as verified, unless the petition of the person who desires the said letters of reprisal shall be communicated to the minister residing there on the part of the Government against whose subjects or people they are granted, that, within the space of four months, or sooner, if it be possible, they may manifest the contrary, or procure the satisfaction which may be justly due.

Art. 9th. Neither of the said contracting parties shall permit the ships or goods, belonging to the subjects of the other, to be taken within the limits of their respective jurisdictions, on their coasts, nor in the ports or rivers of their dominions, by ships of war, or others, having commission from any prince, republic, or city, whatsoever; but, in case it should so happen, both parties shall employ their united force to obtain reparation of the damage thereby occasioned.

Art. 10th. If it should unfortunately happen that a war should break out between Great Britain and the United States, all merchants and others residing in the two countries, respectively, shall be allowed nine months to retire with their effects, and shall be protected from capture on their way home: Provided, always, that this favor is not to extend to those who shall act contrary to the established laws. And it is further agreed, that neither debts due from individuals of the one nation to individuals of the other, nor shares or moneys which they may have in the public funds, or in the public or private banks, shall ever, in any event of war or national differences, be sequestered or confiscated; it being both unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each other, and in their respective governments, should ever be destroyed or impaired, by national authority, on account of national differences and discontents.

Art. 11th. It is agreed that British subjects, who now hold lands in the territories of the United States, and American citizens, who now hold lands in His Majesty’s dominions, shall continue to hold them, according to the nature and tenure of their estates and titles therein; and may grant and sell, and devise the same, as, and to whom, they please, in like manner as if they were natives; and that neither they, nor their heirs or assigns, shall, so far as may respect the said lands, and the legal remedies incident thereto, be regarded as aliens.

Commercial Projet.

The Preamble.

Art. 1st. It is agreed that there shall be, between the dominions of His Britannic Majesty in Europe, and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation, and a free admission of all ships belonging to either party, whether the same be ships of war or merchant vessels; and that the subjects and inhabitants of the two countries, respectively, shall have liberty, freely and securely, and without hindrance or molestation of any kind, to come, with their said ships and their cargoes, to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforesaid; to enter into the same, to resort thereto, and to remain and reside therein without any limitation of time; also, to hire, purchase, and possess, houses and warehouses, for the purpose of their commerce; and, generally, that the merchants and traders, on each side, shall enjoy the most complete protection and security for their commerce; but subject always, as to what respects this article, to the general laws and statutes of the two countries, respectively.

Art. 2nd. It shall be free for the two contracting parties, respectively, to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid, the same being of the nation on whose behalf they shall be so appointed, and not otherwise; and such consul shall enjoy the liberties and rights which belong to them by reason of their functions: but either party may except, from the general liberty of residence of such consuls, such particular places as such party shall judge proper to be so excepted.

Art. 3rd. The vessels of the two contracting parties, respectively, coming to the dominions or territories aforesaid, shall enjoy the same liberty in respect of the entry and discharge of their lawful cargoes, and all other regulations which respect the general convenience and advantage of commerce, as now are, or shall, at any time, be enjoyed by any other foreign nation, which shall be the most favored in that respect; and no distinction shall exist, of tonnage or other duties, (such light house duties excepted as are levied for the profit of individuals or of corporations) by which the vessels of the one party shall pay, in the ports of the other, any higher or other duties than shall be paid, in similar circumstances, by the vessels of the foreign nation the most favored in that respect, or by the vessels of the party into whose ports they shall come.

Art. 4th. No article, being of the growth, produce, or manufacture, of any of the dominions or territories of the one party, shall pay, on being imported directly from the said territories or dominions, into the ports of the other, any higher or other duties than shall be there paid for the like articles, on importation from any other foreign country.

Art. 5th. No new prohibition shall be laid in any of the territories or dominions aforesaid, by one of the contracting parties, on the importation of any article, being of the growth, produce, or manufacture, of the territories or dominions of the other; nor shall articles, being of the growth, produce, or manufacture, of any other country, be prohibited to be imported into the dominions of one of the contracting parties, by the vessels of the other, except such articles only as are now so prohibited.

Art. 6th. With respect to the territories and dominions of His Britannic Majesty in the West Indies, the following arrangements have been agreed to by the contracting parties.

His Majesty consents that it shall and may be lawful, during the time hereinafter limited, for the citizens of the United States of America to carry to any of His Majesty’s islands and ports in the West Indies, from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchandise being of the growth or produce of the said States, which it is or may be lawful to carry to the said islands and ports from the said States in British vessels and that the said American vessels and their cargoes shall pay there no other or higher duties than shall be payable by British vessels, in similar circumstances: And that it shall be lawful to the said American citizens to purchase, load, and carry away, in their said vessels, to the United States, from the said islands and ports, all such articles, being of the growth and produce of the said islands, as may, by law, be carried from them to the said States in British vessels; and subject only to the same duties and charges on exportation to which British vessels are or shall be subject in similar circumstances. Provided, always, that they carry and land the same in the United States only; it being expressly agreed and declared that, during the continuance of this article, the United States will prohibit the carrying any West India productions or manufactures in American vessels, either from His Majesty’s Islands, or from the United States, to any part of the world except the United States—reasonable sea stores excepted, and excepting also rum made in the United States from West India molasses.

It is agreed that this article, and every matter and thing therein contained, shall continue to be in force during the continuance of the war in which His Majesty is now engaged, and also for two years from and after the day of the signature of the preliminary articles of peace by which the same may be terminated.

And it is further agreed, that, at the expiration of the said term, the two contracting parties will treat further concerning the arrangement of their commerce in this respect, according to the situation in which His Majesty may then find himself as with respect to the West Indies, and with a view to the mutual advantage and extension of commerce.

Art. 7th. This treaty, and all the matters therein contained, except the sixth article, shall continue to be in force for twelve years from the day of the exchange of the ratifications thereof; and if, during the continuance of this treaty, there shall arise, on either side, any complaint of the infraction of any article thereof, it is agreed that neither the whole treaty, nor any article thereof, shall, on that account, be suspended, until representation shall have been made to the Government by the Minister of the party complaining; and even if redress shall not then be obtained, four months’ notice shall be given previous to such suspension.

To the before mentioned letter I returned the following answer, viz.:

Pall-Mall, Royal Hotel,
September 1, 1794.

My Lord:

I was yesterday honoured with your Lordship’s letter of the 30th August, with the projets and map which accompanied it. I consider the articles in these projets as being (like those in our conversations) merely for mutual consideration.

In these projets several parting points present themselves; some of them, I presume, may be easily accommodated, but there are others which create in my mind serious apprehensions. One of these articles (being without the limits of my authority) I think I ought now to particularize; it is the one which proposes a cession of territory in the northwestern corner of the United States. It is proper, also, that I should say with frankness that, in my opinion, many circumstances and considerations which shall be submitted to your Lordship will restrain the United States from such a cession.

This article would entirely frustrate my hopes, if I had not reason to persuade myself that the enlarged and enlightened policy of excluding secondary from a competition with primary objects will always harmonize with your Lordship’s mind. The present occasion is great, and, though critical, yet auspicious to the establishment of confidence and friendship between the two countries. With the magnitude and importance of these objects, the projets in question really do not strike me as being commensurate. I am aware that, in forming them, your Lordship had many difficulties growing out of the subject, and probably some others to encounter, and that your attention was constantly divided between a multitude of great and pressing affairs.

The negotiation now becomes delicate, and I should experience more than a proportionate embarrassment were it not for my confidence in your Lordship’s candour and liberality, and for those sentiments of esteem, as well as respect, with which I have the honour to be, etc.

The Rt. Hon. Lord Grenville, etc.

The proposed alterations in our northwestern boundary, and the consequential cession and dereliction of territory, appeared to me to be a point which I ought, without delay, to state to his Lordship in the light in which it appeared to me. I therefore prepared and sent him enclosed in a note, the following remarks, viz.:

Royal Hotel, Pall-Mall,
4th September, 1794.

Mr. Jay presents his compliments to Lord Grenville, and requests the favor of his Lordship to name a time for receiving Mr. Jay on the subject of the proposed treaties. In the meantime Mr. Jay has the honour of submitting the remarks herewith enclosed to his Lordship’s consideration.

Remarks on that part of the second article of the projet of a treaty for terminating all differences between Great Britain and the United States of America, which purports a cession or dereliction by the latter of the country lying to the westward and northward of either of the two lines therein proposed and described.

For this cession or dereliction two reasons are assigned, viz.:

1st. That it is now understood that the river Mississippi would, in no part thereof, be intersected by a west line from the Lake of the Woods.

2d. That it was stipulated by the treaty of peace that the navigation of the river Mississippi should be free to both parties.

Admitting the fact in the first of these reasons to be well founded, it shows only that the northern and western lines of the United States do not meet and close, and, therefore, that it is necessary to fix on a line for closing them. But no argument thence results that either Great Britain or the United States ought to cede or to acquire any territory further than what such closing line may possibly render unavoidable.

That the Mississippi would, in no point thereof, be intersected by a west line from the Lake of the Woods is a fact involved in too much uncertainty to be assumed as a foundation for national stipulation; for however it may be conjectured or supposed, yet it still remains to be ascertained.

The map sent to Mr. Jay by Lord Grenville, viz., Faden’s, published in 1793, informs us that the river Mississippi has been ascended only as far up as about the forty-fifth degree of north latitude—that is, about a degree above the Falls of St. Anthony, so that its further extent and course towards the north are yet to be discovered.

On the same map, Faden lays down a stream connected with the marshy lake, near the forty-fifth degree of latitude, and thus denominates it: “Mississippi by conjecture.”

He also lays down on the same map a stream connected with the White Bear Lake, near the latitude forty-six, and thus denominates it: “Mississippi by conjecture.”

He also lays down on the same map a stream connected with the Red Lake in latitude forty-seven, and thus denominates it: “Red Lake River, or Lahonton’s Mississippi.”

Inasmuch, therefore, as three different streams, found in the immense wilderness above latitude forty-five, are conjectured to be the Mississippi, it is plain that, so far from being certain how far that river runs to the north, we really are yet to learn where it does run, and which of the rivers in that wilderness it is. How then can it be assumed, as a fact resting on good evidence, that the Mississippi would at no point thereof be intersected by a west line from the Lake of the Woods?

Individuals differing about boundaries depending on the course and extent of brooks and streams, settle questions of that kind by actual surveys. States usually, and with good reason, do the same. Why be content with delusive conjectures and probabilities when absolute certainty can easily be had? Let a survey be accurately made by joint commissioners, and at joint expense. The United States are ready to adopt that measure and to enter into the necessary stipulations and arrangements.

If it should appear on such a survey that the west line would intersect the Mississippi, no room for further question or dispute will remain; but if the contrary should prove to be the case, then, as the northern and western lines of the United States would not close, the manner of closing them will naturally and necessarily come under consideration. Several modes of closing them may be devised, neither of which may be altogether agreeable to both parties. Unless they shall be able to agree, let joint commissioners, at joint expense, and upon oath, fix a closing line in the manner which they shall judge most consonant with the true meaning and intent of the treaty of peace. The United States are ready to enter into such eventual stipulations as may be necessary for that purpose.

The second reason assigned for this cession is, “that it was stipulated by the treaty of peace that the navigation of the Mississippi should be free to both parties.”

From this stipulation it is argued, as a natural and necessary inference, that it was in the expectation and intention of the parties that they should and would both border, not only on the river, but also on the navigable part of it.

This inference seems to be violent. A right freely to navigate a bay, a strait, a sound, or a river is perfect without, and does not necessarily presuppose the dominion and property of lands adjacent to it.

But, although, from a right to navigate the river Mississippi, a right to adjacent lands cannot be inferred, yet, when that right is connected with the circumstance that both parties were to be bounded by a line terminating at the river, it is thought to be thence presumable that the parties expected and intended the said line would and should terminate at a navigable part of it. They might or might not have intended it. Whether they did or not can only be discovered from their concomitant words and actions. On looking into the treaty for words indicating such intention, our search proves fruitless; there are no such words in it, nor the least shadow of a stipulation or declaration on the point. If we review the plain and manifest design of the treaty relative to boundaries, we find the idea of such intention uniformly contradicted. The treaty, in delineating the boundaries of the United States, passes from the northwest angle of Nova Scotia to the head of the Connecticut River; then down that river to the fifty-fifth degree of latitude; then on that line of latitude to the River Iroquois; then (quitting that line of latitude) to Lake Ontario; then, from lake to lake through their connecting waters, until it arrives at the Lake of the Woods, and passing through it to the northwesternmost point thereof, proceeds on a due west course to the Mississippi, etc.

Now it was always well known, and the maps show it, that the Lake of the Woods is situated at a great distance in the north, above the latitude of the Falls of St. Anthony, which interrupt the navigation of the Mississippi, and consequently that a due west line from the Lake of the Woods must of necessity strike the river above those falls, and as far above them as the latitude of the lake is above the latitude of the falls.

Again, it was not then known, nor is it yet known, how far the Mississippi runs navigable beyond those falls, nor whether any, or how many, other falls intervene between them and its source. The parties therefore being entirely ignorant of the extent and of the course and of the character of the river high above the falls, could not possibly have judged, or divined, or guessed whether the place or part of the river at which the west line would strike it was navigable or not. How, then, could they expect or intend anything about it? Nothing could be more obvious than that a due west line might terminate on the river at a place not navigable, and had navigation been in view it seems strange that the treaty should not contain a provision that if the said west line, on being actually run, should strike the river at a place where it was not navigable, then the said line should be declined so many degrees southerly as might be necessary to bring it to the first navigable water of the river. Yet nothing like this is to be found in the treaty.

It is not difficult to discern from the treaty, and so was the fact, that other ideas and views governed the direction of the boundary lines.

The question then was, where would it be most convenient to both parties, and, all things considered, where would be most wise and prudent, that the boundaries between them should be fixed? Two lines were proposed and considered, one from the point before mentioned, on Connecticut River, and running straight on the line of the forty-fifth degree of latitude, west to the Mississippi; the other was the one adopted and established by the treaty. The official papers of the British ministers which respect that negotiation will probably show that Great Britain had the choice of these two lines, and that she preferred the latter.

This choice and preference gives no support to the idea that she then contemplated navigable water in that part of the Mississippi which was supposed to penetrate into Canada. The first line, if adopted, would have favoured it, and fair presumption might have classed that among the reasons of preference; but notwithstanding this, Great Britain did not prefer it; on the contrary, as the waters would form a line which never could be mistaken, and afforded great conveniences to both parties, the line of the waters was preferred by both. This water line was, by mutual consent, terminated at the northwesternmost point of the Lake of the Woods; it was agreed that the Mississippi should bound the United States on the west, nothing then remained but to agree on the course which the closing line, from the lake to the river, should run; and a due west course was agreed upon, without any expectation or design that it would or should there meet the navigable water. The truth is, that the stipulation respecting the navigation of the river, being free to both parties, was an afterthought, and gave occasion to a new and subsequent article, viz., the eighth. Even in the drawing of that article, when the navigation of the river became an object of contemplation, no connection was introduced between the right mentioned in that article and the boundaries designated in the second article; no facilities were asked, or proposed, or stipulated, for a water or any other communication between Canada and the navigable water of the Mississippi, which doubtless would have been the case had such a communication been then in view, especially considering the absolute uncertainty and extreme improbability of that river being navigable above the high latitude of the Lake of the Woods.

From the before mentioned circumstances and considerations it seems fairly to result that the two reasons assigned for the cession in question, as a matter of equity and right, do not afford it a solid foundation.

If this conclusion be just, it precludes the necessity of showing at large that none of the inferences ascribed to the said two reasons involve a claim to tracts of country so extensive as either of the two proposed and marked on the map, each of which includes more than thirty thousand square miles; and that without taking into computation the extensive country lying between (what in the subjoined diagrams are for the purpose of computation regarded as) the west sides of these tracts and the Mississippi, and to the southward of the west line form the Lake of the Woods, and which country would on either of these plans become also annexed to Canada.

In order that you may have an accurate idea of the lines proposed by Lord Grenville, I here insert copies of the diagrams mentioned in the foregoing remarks. (Nos. 1 and 2.)

On the 5th of September Lord Grenville wrote me the following note, viz.:

Downing Street, September 5, 1794.

Lord Grenville presents his compliments to Mr. Jay. He has received Mr. Jay’s note, with the enclosed remarks, and will be glad to see him at his office tomorrow, at twelve o’clock. Lord Grenville has, in the mean time, the honor to enclose to Mr. Jay some observations which have occurred to him on the perusal of the paper which he received from Mr. Jay.

The observations enclosed with this note were as follows, viz.:

Observations Respecting the Northwestern Boundary of the United States of America.

It cannot for a moment be admitted, that the proposed arrangement on the subject of the Northwestern boundary, is properly to be considered in the manner in which it is spoken of by Mr. Jay, namely, as a cession, or dereliction of territory on the part of the United States.

Their boundary to the northwest, as fixed by the treaty, is a line “to be drawn from the Lake of the Woods, in a due west course to the Mississippi.” There are in this agreement two distinct parts:

1st. That the boundary line should be drawn in a due westerly course from the Lake of the Woods; and,

2d. That it should likewise be drawn in a due westerly course to the Mississippi.

If such a line cannot in fact be drawn, between those points, there can be no ground for considering one part of this stipulation as more permanently fixed than the other, or as affording a more equitable ground for any future arrangement; and it would be quite as reasonable for this country to consider as a cession of territory, on our part, the adoption of any other boundary than that of a due westerly line striking the Mississippi, as for the United States to urge that such a cession exists on their part, if such a line is not drawn from the Lake of the Woods.

To this consideration must be added, that which so plainly results from the article respecting the free navigation of the Mississippi; on which head it seems sufficient for the present to remark that such a right evidently and necessarily implies the possibility of access to that river, without passing through a foreign territory.

Little objection occurs to making an actual survey, except that of delay. If, on that survey, the stipulations in the treaty should be found to be compatible with the real geography of the country, it is certain that no further dispute could exist on that point.

But, if we have from the best information on the subject sufficient reason to believe that no such line can be drawn as mentioned in the treaty, it cannot be desirable, when all the interests of the two countries with relation to each other are under discussion, with a view to lasting friendship, to leave unsettled so material a ground of difference as that of an unascertained boundary. The mode of settling that point is necessarily connected with the general result of the present negotiation. If no more can be accomplished on any other point, than the doing strict justice between the parties, according to existing treaties and the laws of nations, the appointment of commissaries, as proposed by Mr. Jay, does not appear ill adapted to obtain the same object as to this point: provided that those commissaries are distinctly enabled to take into their consideration the 8th article, and to give to that stipulation such effect as they shall think it ought in justice to have, in the formation of a new boundary line.

But, if the negotiation should lead to new stipulations of mutual advantage, no subject appears more proper for the application of that principle, than one in which there exist two doubtful and contradictory claims, founded on an agreement which cannot by any possibility be executed; especially if it be true, as it is considered here, that this is a point where any advantage, whatever it should be, which Great Britain might acquire, would, under all circumstances, be found at least equally beneficial to the United States.

Downing Street, 5th September, 1794.

Expecting that when we met, the first of the above projets would, as first in the order of things, be first considered, my attention was more immediately confined to it; but the time consumed in preparing the remarks before mentioned left me very little leisure to employ in forming satisfactory opinions on the different parts of this projet; several, however, occurred to me, of which I made short notes; they are as follows. You will find the numbers marked in the margin of the projet.

Note 1. In what capacity are they so to remain? As British subjects or American citizens? If the first, a time to make their election should be assigned.

2. If his Majesty’s subjects are to pass into the American territories for the purposes of Indian trade, ought not American citizens to be permitted to pass into His Majesty’s territories for like purposes.

3. If the American Indians are to have the privilege of trading with Canada, ought not Canada Indians to be privileged to trade with the United States?

4. If goods for Indian trade be introduced duty free by British traders, how is the introduction of other goods with them to be prevented? And for this privilege, operating a loss to American revenue, what reciprocal benefit is to be allowed?

5. Why should the commissioners for ascertaining the river St. Croix, meet and decide in London? Is it not probable that actual views and surveys, and the testimony and examination of witnesses on the spot, will be necessary?

6. Why confine the mutual navigation of the Mississippi to where the same bounds the territory of the United States?

7. Why should perpetual commercial privileges be granted to Great Britain on the Mississipi, etc., when she declines granting perpetual commercial privileges to the United States anywhere?

8. This preamble, connected with the silence of the treaty as to the negroes carried away, implies that the United States have been aggressors; it also unnecessarily impeaches their judicial proceedings.

9. On no principle ought more to be asked, than that the United States indemnify creditors for losses and damages caused by the impediments mentioned.

10. The word had is not sufficiently definite; the object being not only sentence, decree, or judgment, but payment and satisfaction.

11. Sterling money fluctuates according to exchange; this should be fixed.

12. Why not place these captures on the footing with the others, and charge the United States only in cases where justice and complete compensation cannot be had from judicial proceedings?

13. Why provide only for neutral commerce with European enemies? The whole of this article is so indefinite as to be useless.

14. What are or shall be deemed contraband in the sense of this article?

15. As the United States have permitted the French to sell prizes in the United States, should not the restriction not to do it in future commence at the expiration of the present war?

16. There should be an article against the impressment of each other’s people.

17. This united force should be confined to the moment of aggression.

18. The confiscation of debts, etc. This article should be in the treaty of commerce.

On the 6th of September, agreeable to Lord Grenville’s appointment, I waited upon him; we spent several hours in discussing the several topics which arose from these notes, and some others, which in the course of the conversation occurred. He promised to take what I had offered into consideration, and manifested throughout the conversation every disposition to accommodate that could be wished: we may not finally be able to agree. If we should not, it would, in my opinion, occasion mutual regret, for I do believe that the greater part of the Cabinet, and particularly Lord Grenville, are really disposed and desirous not only to settle all differences amicably, but also to establish permanent peace, good humor, and friendship between the two countries.

On the 8th of September I received from Lord Grenville the following letter, enclosing the papers mentioned in it, viz.:

St. James’s Square, Sept. 7, 1794.

Sir:

In order to narrow as much as possible the objects of our discussions, I have stated in the enclosed paper what occurs to me on the different points to which your notes apply, except the second, third, and fourth articles of those notes, which I have reserved for further examination and inquiry. I expect that, by Tuesday or Wednesday at furthest, I shall be able to converse further with you on those points, as well as with respect to what you suggested on the subject of the East Indies. The points in discussion will then be reduced within a small compass, but they certainly do not relate to the least important parts of our negotiation. With respect to them, I can only say, that you shall continue to find in me the same openness of discussion, and the same desire to state to you, without reserve, what I think may be conceded to the object of speedy conciliation, and what the interest and honor of my country, and the duty which I owe to the king, oblige me to insist upon, as necessary for that object. It is with sentiments of very real esteem and respect, that I have the honor to be, &c., &c.

Grenville.

P.S.—I also send a note of two alterations to be made in the commercial projet in consequence of our conversation of yesterday.

To the Hon. Mr. Jay, &c.

Observations Enclosed with the Above Letter.

No. 1. In consequence of the observation contained in the first remark, Lord Grenville proposes to add, in the first article of the projet, after the words, “property thereof,” at the end of the first paragraph, these words: “and such of them as shall continue to reside there for the purposes of their commerce, shall not be compelled to become subjects of the United States, or to take any oath of allegiance to the Government thereof, but shall be at full liberty so to do (if they think proper) within one year after the evacuation of the posts, which period is hereby assigned to them for making their choice in this respect.” Considering the length of the first article, now increased by this addition, it may be better to divide it into two—the second beginning with the words, “It shall at all times be free” &c. &c.

Articles, 2, 3, and 4 reserved for further examination.

5. The meeting of the commissioners respecting the river St. Croix is proposed to be in London, because it is supposed that the great mass of evidence on the subject is here. A power may be given to them, either to direct a local survey, or to adjourn to America, but it seems very unlikely that this would become necessary.

6. No idea was entertained of confining the mutual navigation of the Mississippi to that part of the river where it bounds the territory of the United States. That qualification was intended only to have reference to the free admission of British merchants and ships, into the bays, ports, and creeks of the United States, on the Mississippi; nor would it have been proposed at all, to repeat in this article, what is so distinctly stipulated in the treaty of peace, respecting the free navigation of the Mississippi, except for the purpose of expressly extending that stipulation to every part of the waters now proposed to form a part of the boundary.

7. The right of admission into ports, &c. for the purposes of trade, and the general liberty of commerce, spoken of in this article, are not considered as commercial privileges, such as are usually made the subject of temporary regulation by special treaties of commerce. Great Britain by no means declines to give the same rights permanently to America, as with respect to those parts of her dominions which are open to foreign commerce. These rights are, indeed, now generally acknowledged to be incident to a state of amity and good correspondence; and if it is proposed to particularize them, as with respect to the Mississippi, this is done only with the view of removing the possibility of such doubts as were formerly raised here upon the subject.

8. On the fullest reconsideration of this preamble, Lord Grenville sees no ground to think it liable to the objection made by Mr. Jay, particularly when compared with the preamble proposed for the fourth article. The proceedings in both articles are grounded on the allegations of individuals. The truth of those allegations is referred to the decision of the commissioners. Lord Grenville’s opinion respecting the prior aggression of the United States, as well as his reasons for that opinion, are well known to Mr. Jay; but he has no wish to introduce into the proposed treaties any discussion of that point. He is therefore very ready to consider any form of words which Mr. Jay may suggest for those articles, as better suited to the two objects to which they are directed—those of justice to individuals, and conciliation between the Governments; and this applies equally to the remarks Nos. 9 and 10.

11. The substitution of the word specie, as suggested by Mr. Jay, seems fully to meet the object here mentioned.

12. What Mr. Jay here desires, was intended to be done, and was indeed conceived to be implied in the general words at the end of the article. But Lord Grenville sees no objection to the insertion of express words for the purpose.

13. Lord Grenville explained to Mr. Jay, this morning, the reason of the insertion of the word European, in the place here referred to. The subject is connected with the larger consideration to which their conversation led, and from the further discussion of which Lord Grenville is inclined to hope that mutual advantage may arise. Mr. Jay will observe, that the subject to which his remark, No. 15, applies, is one instance among many, which might be brought to show that this article would not be inefficient.

14. To meet the object which was this morning suggested in conversation on this article, Lord Grenville would propose the adoption of the following additional article, to come in immediately after the eighth. Lord Grenville has, in conformity to what was mentioned by Mr. Jay, used the words of Vattel:

“In order to regulate what is in future to be esteemed contraband, it is agreed that, under the said denomination shall be comprised all arms and implements serving for the purposes of war, by land or sea, such as cannon, muskets, mortars, petards, bombs, grenades, carcasses, saucisses, carriages for cannon, musket rests, bandeliers, gunpowder, match, saltpetre, ball, pikes, swords, headpieces, cuirasses, halberds, lances, javelins, horses, horse furniture, holsters, belts, and generally all other implements of war; as also timber for shipbuilding, tar, or rosin, sheet copper, sails, hemp, and cordage, and generally whatever may serve directly to the equipment of vessels; unwrought iron and fir planks only excepted. And all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy.

“And whereas corn, grain, or provisions, can be considered as contraband in certain cases only, namely, when there is an expectation of reducing the enemy by the want thereof, it is agreed that, in all such cases, the said articles shall not be confiscated; but that the captors, or, in their default, the government under whose authority they act, in this respect, shall pay to the masters or owners of such vessels the full value of all such articles, together with a reasonable mercantile profit thereon, and also the freight and demurrage incident to their detention.”

15. It seems by no means unreasonable, that the effect of this stipulation should be extended to the existing war, as a natural consequence of the good understanding to be established by this negotiation, and by the removal of all existing differences. And it would tend to prevent so many occasions of acrimony and dispute, on both sides, that Lord Grenville thinks it highly desirable to maintain this article in its present form.

16. Lord Grenville sees no reason whatever to object to this article.

17. This remark seems also perfectly just, and will be best met by omitting the concluding part of this article.

18. Lord Grenville rather thinks this article ought to be permanent, for the mutual interest of both countries; but he is content to leave this point to the decision of Mr. Jay, who is much too enlightened not to see the effect which a contrary conduct to that here prescribed must produce as with respect to America.

Commercial Project—Observations.

Art. 2. Omit these words: “the same being of the nation on whose behalf they shall be appointed, and not otherwise”; and insert, in lieu thereof, “the same being first approved by the government of the country in which they shall be so appointed to reside, and not otherwise.”

Art. 3. The last sentence to run thus: “by which the vessels of the one party shall pay, in the ports of the other, any higher or other duties than shall be paid in similar circumstances by the vessels of the foreign nation the most favored in that respect, or any higher or other duties than shall be paid in similar cases by the vessels of the party itself into whose ports they shall come.”

Thus, sir, I have given you a very particular and correct account of the negotiation. Many observations and explanatory remarks might be added. I might also inform you, that I had strenuously urged the justice of compensation for the detention of the posts; and that I consider the privilege of trading to the West Indies as providing for claims of that kind. On this privilege, and the probability of its being revived after the expiration of the term assigned for its duration, I could enlarge, but it does not strike me as necessary to go into further details, nor indeed could I at present find time for the purpose.

It will not escape you that the articles, now under consideration, will doubtless undergo many alterations, before they assume that final form in which they will either be accepted or rejected; and, therefore, that it would not be proper to publish them at present. I think that, in the course of a few weeks, the questions, now under discussion, will be decided. No time shall be lost in communicating to you the result.

Another subject remains to be mentioned. It appeared to me advisable that our people should have precise and plain instructions relative to the prosecution of appeals and claims, in cases of capture. For that purpose, I applied to Sir William Scott, and requested him, in concert with Dr. Nicholl, to prepare them. We conversed on the subject, and I explained to him my views and objects.

On the 10th of September I received them, enclosed with the following letter from Sir William, which I insert on account of the friendly disposition towards our country which it manifests, and which appears to me to be less uncommon here than we generally suppose, viz.:

To his Excellency, John Jay, Esq., etc.

Sir:

I have the honor of sending the paper drawn up by Dr. Nicholl and myself; it is longer and more particular than, perhaps, you meant, but it appeared to be an error on the better side rather to be minute, than to be too reserved, in the information we had to give; and it will be in your excellency’s power either to apply the whole or such parts as may appear more immediately pertinent to the objects of your inquiry.

I take the liberty of adding that I shall, at all times, think myself much honored by any communications from you, either during your stay here, or after your return, on any subject in which you may suppose that my situation can give me the power of being at all useful to the joint interests of both countries: if they should ever turn upon points in which the duties of my official station appear to me to impose upon me an obligation of reserve, I shall have no hesitation in saying that I feel them to be such. On any other points on which you may wish to have an opinion of mine, you may depend on receiving one that is formed with as much care as I can use, and delivered with all possible frankness and sincerity.

I have the honor to be, with great respect, &c.

William Scott.

Commons, September 10, 1794.

Paper Enclosed in the Foregoing Letter.

Sir:

We have the honor of transmitting, agreeably to your excellency’s request, a statement of the general principles of proceeding in prize causes, in British courts of admiralty, and of the measures proper to be taken when a ship and cargo are brought in as prize within their jurisdictions.

The general principles of proceeding cannot, in our judgment, be stated more correctly or succinctly, than we find them laid down in the following extract from a report made to His late Majesty, in the year 1753, by Sir George Lee, then Judge of the Prerogative Court, Dr. Paul, His Majesty’s Advocate General, Sir Dudley Ryder, His Majesty’s Attorney General, and Mr. Murray (afterwards Lord Mansfield), His Majesty’s Solicitor General:

“When two powers are at war, they have a right to make prizes of the ships, goods, and effects, of each other, upon the high seas. Whatever is the property of the enemy may be acquired by capture at sea; but the property of a friend cannot be taken, provided he observes his neutrality.

“Hence, the law of nations has established, that the goods of an enemy, on board the ship of a friend, may be taken.

“That the lawful goods of a friend, on board the ship of an enemy, ought to be restored.

“That contraband goods going to the enemy, though the property of a friend, may be taken as prize; because supplying the enemy with what enables him better to carry on the war is a departure from neutrality.

“By the maritime law of nations, universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize.

“Before the ship or goods can be disposed of by the captor, there must be a regular judicial proceeding, wherein both parties may be heard, and condemnation thereupon as a prize, in a court of admiralty, judging by the law of nations and treaties.

“The proper and regular court for these condemnations is the court of that State to whom the captor belongs.

“The evidence to acquit or condemn, with, or without, costs and damages, must, in the first instance, come merely from the ship taken, viz.: the papers on board, and the examination, on oath, of the master, and other principal officers; for which purpose, there are officers of admiralty in all the considerable seaports of every maritime power at war, to examine the captains, and other principal officers, of every ship, brought in as a prize, upon general and impartial interrogatories; if there do not appear from thence ground to condemn, as enemy’s property or contraband, goods going to the enemy, there must be an acquittal, unless, from the aforesaid evidence, the property shall appear so doubtful, that it is reasonable to go into further proof thereof.

“A claim of ship or goods must be supported by the oath of somebody, at least as to belief.

“The law of nations requires good faith; therefore, every ship must be provided with complete and genuine papers, and the master, at least, should be privy to the truth of the transaction.

“To enforce these rules, if there be false or colorable papers; if any papers be thrown overboard; if the master and officers, examined in preparatorio, grossly prevaricate; if proper ship’s papers are not on board; or if the master and crew cannot say whether the ship or cargo be the property of a friend or enemy, the law of nations allows, according to the different degrees of misbehavior or suspicion, arising from the fault of the ship taken, and other circumstances of the case, costs to be paid, or not to be received, by the claimants, in case of acquittal and restitution: on the other hand, if a seizure is made without probable cause, the captor is adjudged to pay costs and damages: for which purpose, all privateers are obliged to give security for their good behavior; and this is referred to and expressly stipulated, by many treaties.

“Though, from the ship’s papers, and the preparatory examinations, the property does not sufficiently appear to be neutral; the claimant is often indulged with time to send over affidavits to supply that defect: if he will not show the property, by sufficient affidavits, to be neutral, it is presumed to belong to the enemy. Where the property appears from evidence not on board the ship, the captor is justified in bringing her in, and excused paying costs, because he is not in fault; or, according to the circumstances of the case, may be justly entitled to receive his costs.

“If the sentence of the court of admiralty is thought to be erroneous, there is, in every maritime country, a superior court of review, consisting of the most considerable persons, to which the parties, who think themselves aggrieved, may appeal; and this superior court judges by the same rule which governs the court of admiralty, viz.: the law of nations, and the treaties subsisting with that neutral Power, whose subject is a party before them.

“If no appeal is offered, it is an acknowledgment of the justice of the sentence by the parties themselves, and conclusive.

“This manner of trial and adjudication is supported, alluded to, and enforced, by many treaties.

“In this method, all captures at sea were tried, during the last war, by Great Britain, France, and Spain, and submitted to by the neutral Powers; in this method, by courts of admiralty acting according to the law of nations, and particular treaties, all captures at sea have immemorially been judged of in every country of Europe. Any other method of trial would be manifestly unjust, absurd, and impracticable.”

Such are the principles which govern the proceedings of the prize courts. The following are the measures which ought to be taken by the captor, and by the neutral claimant, upon a ship and cargo being brought in as prize:

The captor, immediately upon bringing his prize into port, sends up, or delivers upon oath, to the registry of the court of admiralty, all papers found on board the captured ship. In the course of a few days, the examinations in preparatory, of the captain and some of the crew of the captured ship are taken upon a set of standing interrogatories, before the commissioners of the port to which the prize is brought, and which are also forwarded to the registry of the admiralty, as soon as taken; a monition is extracted by the captor from the registry, and served upon the Royal Exchange, notifying the capture, and calling upon all persons interested to appear, and show cause why the ship and goods should not be condemned; and at the expiration of twenty days, the monition is returned into the registry with a certificate of its service, and, if any claim has been given, the cause is then ready for hearing, upon the evidence arising out of the ship’s papers, and preparatory examinations.

The measures taken on the part of the neutral master, or proprietor of the cargo, are as follows:

Upon being brought into port, the master usually makes a protest, which he forwards to London, as instructions (or with such further directions as he thinks proper) either to the correspondent of his owners, or to the consul of his nation, in order to claim the ship, and such parts of the cargo as belong to his owners, or with which he was particularly entrusted; or the master himself, as soon as he has undergone his examination, goes to London to take the necessary steps.

The master, correspondent, or consul, applies to a proctor, who prepares a claim, supported by an affidavit of the claimant, stating briefly to whom, as he believes, the ship and goods claimed, belong, and that no enemy has any right or interest in them. Security must be given, to the amount of sixty pounds, to answer costs, if the case should appear so grossly fraudulent on the part of the claimant as to subject him to be condemned therein.

If the captor has neglected, in the meantime, to take the usual steps (but which seldom happens, as he is strictly enjoined, both by his instruction and by the prize act, to proceed immediately to adjudication) a process issues against him on the application of the claimant’s proctor, to bring in the ship’s papers and preparatory examinations, and to proceed in the usual way.

As soon as the claim is given, copies of the ship’s papers and examinations are procured from the registry, and upon the return of the monition, the cause may be heard. It, however, seldom happens, (owing to the great pressure of business, especially at the commencement of a war,) that causes can possibly be prepared for hearing immediately upon the expiration of the time for the return of the monition. In that case, each cause must necessarily take its regular turn; correspondent measures must be taken by the neutral master, if carried within the jurisdiction of a vice-admiralty court, by giving a claim, supported by his affidavit, and offering security for costs, if the claim should be pronounced grossly fraudulent.

If the claimant be dissatisfied with the sentence, his proctor enters an appeal in the registry of the court where the sentence was given, or before a notary public, (which regularly should be entered within fourteen days after the sentence,) and he afterwards applies at the registry of the lords of appeal in prize causes (which is held at the same place as the registry of the high court of admiralty) for an instrument called an inhibition, and which should be taken out within three months, if the sentence be in the high court of admiralty, and within nine months, if in a vice admiralty court, but may be taken out at later periods if a reasonable cause can be assigned for the delay that has intervened. This instrument directs the judge, whose sentence is appealed from, to proceed no further in the cause. It directs the registry to transmit a copy of all the proceedings of the inferior court; and it directs the party who has obtained the sentence to appear before the superior tribunal to answer to the appeal. On applying for this inhibition, security is given on the part of the appellant, to the amount of two hundred pounds, to answer costs, in case it should appear to the court of appeals that the appeal is merely vexatious. The inhibition is to be served upon the judge, the registrar, and the adverse party and his proctor, by showing the instrument under seal, and delivering a note or copy of the contents. If the party cannot be found, and the proctor will not accept the service, the instrument is to be served viis and modis; that is, by affixing it to the door of the last place of residence, or, by hanging it upon the pillars of the Royal Exchange. That part of the process above described, which is to be executed abroad, may be performed by any person to whom it is committed, and the formal part at home is executed by the officer of the court; a certificate of the service is endorsed upon the back of the instrument, sworn before a surrogate of the superior court, or before a notary public, if the service is abroad.

If the cause be adjudged in a vice admiralty court, it is usual, upon entering an appeal there, to procure a copy of the proceedings, which the appellant sends over to his correspondent, in England, who carries it to a proctor, and the same steps are taken to procure and serve the inhibition, as where the cause has been adjudged in the high court of admiralty. But if a copy of the proceedings cannot be procured in due time, an inhibition may be obtained, by sending over a copy of the instrument of appeal, or by writing to the correspondent an account only of the time and substance of the sentence.

Upon an appeal, fresh evidence may be introduced, if, upon hearing the cause, the lords of appeal shall be of opinion that the case is of such doubt as that further proof ought to have been ordered by the court below.

Further proof usually consists of affidavits made by the asserted proprietors of the goods, in which they are sometimes joined by their clerks, and others acquainted with the transaction, and with the real property of the goods claimed. In corroboration of these affidavits may be annexed original correspondence, duplicates of bills of lading, invoices, extracts from books, &c. These papers must be proved by the affidavits of persons who can speak to their authenticity; and if copies or extracts, they should be collated and certified by public notaries. The affidavits are sworn before the magistrates or others, competent to administer oaths in the country where they are made, and authenticated by a certificate from the British consul.

The degree of proof to be required depends upon the degree of suspicion and doubt that belongs to the case. In cases of heavy suspicion and great importance, the court may order what is called “plea and proof”; that is, instead of admitting affidavits and documents introduced by the claimants only, each party is at liberty to allege, in regular pleadings, such circumstances as may tend to acquit or condemn the capture, and to examine witnesses in support of the allegations, to whom the adverse party may administer interrogatories. The depositions of the witnesses are taken in writing. If the witnesses are to be examined abroad, a commission issues for that purpose; but in no case is it necessary for them to come to England. These solemn proceedings are not often resorted to.

Standing commissions may be sent to America, for the general purpose of receiving examinations of witnesses in all cases where the court may find it necessary, for the purposes of justice, to decree an inquiry to be conducted in that manner.

With respect to captures and condemnations at Martinico, which are the subjects of another inquiry contained in your note, we can only answer, in general, that we are not informed of the particulars of such captures and condemnations: but as we know of no legal court of admiralty established at Martinico, we are clearly of opinion that the legality of any prizes taken there, must be tried in the high court of admiralty of England, upon claims given, in the manner above described, by such persons as may think themselves aggrieved by the said captures.

We have the honor to be, &c.,

Wm. Scott.

John Nicholl.

Commons, September 10, 1794.

I take the liberty of advising that these instructions with a proper title prefixed, be printed in a pamphlet, and published for general information.

You will find herewith enclosed a copy of the instructions of the king and council, revoking the order to capture neutral vessels laden with corn, etc., bound to France. A gazette of 6th September, containing an order restraining impressments, etc., and a gazette of 9th September, containing a copy of the order of 6th August, relative to appeals and claims, of which copies have already been sent to you.

I have the honour to be, etc.,

John Jay.

JAY TO ALEXANDER HAMILTON.

London, 17th September, 1794.

Dear Sir:

I had last week the pleasure of receiving from you a few lines by Mr. Blaney. You will receive this letter by the hands of Mr. Morris. He will also be the bearer of my despatches to Mr. Randolph. They will be voluminous, particular, and in many respects, interesting. It should not be forgotten that there is irritation here as well as in America, and that our party processions, toasts, rejoicings, etc., etc., have not been well calculated to produce good-will and good-humour. The government, nevertheless, distinguish between national acts and party effusions, and have entertained hitherto an opinion and belief that the president and our government and nation in general, were really desirous of an amicable settlement of differences, and of laying a foundation for friendship as well as peace between the two countries.

The secretary’s letters by Mr. Monroe, and his speech on his introduction to the Convention, have appeared in the English papers. Their impression in this country may easily be conjectured. I wish they had both been more guarded. The language of the United States at Paris and London should correspond with their neutrality. These things are not favourable to my mission. A speedy conclusion to the negotiation is problematical, though not highly improbable. If I should be able to conclude the business on admissible terms, I shall do it and risk consequences, rather than by the delay of waiting for and governing myself by opinions and instructions, hazard a change in the disposition of this court; for it seems our country, or rather some part of it, will not forbear asperities. I hear that Virginia is taking British property by escheat; and other things which in the present moment are unseasonable, are here reported.

As the proposed articles are under consideration—as they have already undergone some alterations, and as I am not without hopes of other and further amendments, I really think they ought not to be published in their present crude state, especially as in the course of a few weeks I expect to be able to communicate their ultimate form. If they should not appear to me to be such as I ought to sign, I will transmit them, and wait for further instructions.

Adieu, my dear sir.

Yours, sincerely,

John Jay.

JAY TO ALEXANDER HAMILTON.

London, 17th September, 1794.

Dear Sir:

There is something very pleasant in the reflection, that while war, discord, and oppression triumph in so many parts of Europe, their domination does not extend to our country. I sometimes flatter myself that Providence, in compassion to the afflicted in these countries, will continue to leave America in a proper state to be an asylum to them.

Among those who have suffered severely from these evils, is Monsieur De Rochefoucauld Liancourt, formerly president of the National Assembly of France. His rank and character are known to you. He will be the bearer of this letter, and I am persuaded that his expectations from it will be realized.

Yours, sincerely,

John Jay.

JAY TO LORD MORNINGTON.1

Royal Hotel, Pall-Mall,
September 22, 1794.

Mr. Jay presents his compliments to Lord Mornington, and has the honour of informing him that an American gentleman, in whom Mr. Jay has confidence, purposes to go, in the course of this week, to Paris. Should his Lordship wish to honour this gentleman with any commands, Mr. Jay (being persuaded they would be cheerfully received and properly executed) will, with great pleasure, take the necessary measures.

LORD MORNINGTON TO JAY.

Brighthelmston, September 25th, 1794.

Sir:

I return you many thanks for the honour of your note, which I received last night upon my arrival at this place, and I request you to be assured that I shall always retain a grateful sense of your humane attention to the application, which I took the liberty of making to you in favour of my brother and sister.

In a matter of such extreme delicacy, and which is so much involved in difficulties on all sides, I had determined, after our conversation at Dropmore, to wait the event of your application for the release of the young person detained at Boulogne, and to be guided by that event with respect to the form of any memorial to the French government with which I might hereafter trouble you, according to your kind permission. But the circumstance which you mention in your note seems to offer so evident an advantage, and of a nature so little likely to recur within any short time, that I have determined not to lose it by giving way to any further doubt or hesitation. I am convinced that any gentleman in whom you have confidence must possess all those qualities of discretion and discernment which are necessary for the conduct of such an affair. I have therefore written a narrative of the misfortunes of my sister and of my brother, with no other observations than such as appeared to me to be necessary to explain the peculiar hardship of their case. I have translated this narrative into French; and you will very much add to the kindness which I have already received from you, if you will have the goodness to read over these papers, and if you find any thing imprudent or superfluous, to strike it out. I would then request you to deliver these papers to the gentleman who is going to Paris, and to induce him to exercise his judgment as well on their contents as on the use to be made of them. If he thinks it useful to present the French paper to the government at Paris, or if he should be of opinion that my object would be better attained by communicating the facts relating to my brother and sister in any other mode, I should wish him to act entirely according to his view of circumstances upon the spot. If it should unfortunately happen to be his opinion, that any application in favour of the prisoners would only tend to draw them into more particular notice, and to expose them to more rigorous treatment, my wish then would be that he should not even mention their names; and painful as this termination of my endeavours to obtain their liberty must be to my mind, the opinion of a gentleman of such a character as you describe will satisfy me that the best decision has been taken which circumstances would admit.

With respect to the conditions which might be annexed to their liberty, I imagine they can be only of but two kinds,—either an exchange of French prisoners in the place of my brother and sister and their servants, or a pecuniary consideration in the way of ransom. The first would not be a matter of much difficulty, although it cannot be done under the authority of government; but I think it might easily be accomplished through the agents for prisoners at Jersey or Guernsey, and at St. Malo. With regard to a ransom, I am ready to pay it if it should not be scandalously exorbitant; although I cannot but say that I think such a transaction would be highly disgraceful to the French government.

If there should appear a disposition to release my brother and sister, I should hope they might be allowed to freight a neutral ship at Brest for some English port: this would be the safest as well as the most expeditious mode of returning home. But if this should be refused, they might still be permitted to return through Switzerland.

I trust you will have the goodness to pardon the length of this detail; I thought it necessary for the information of the gentleman who has the kindness to charge himself with this commission; and I am persuaded the same sentiment of humanity which induced you to give your favourable attention to my first application, will plead my excuse for the tediousness of this letter.

I shall naturally be very anxious to learn the result of this affair, in which I am so deeply interested; and I hope you will allow me to have the honour of paying my respects to you in London from time to time for that purpose.

Believe me, sir, with the most sincere respect and esteem,

Your much obliged and obedient servant,

Mornington.

P.S. I have taken the liberty of enclosing with the narrative a letter to my brother, which I request your friend to put in the post either at Paris or anywhere in France. It contains nothing but common family intelligence, and some expressions of surprise at the long detention of the two prisoners. If your friend could only find means of obtaining conveyance for a letter from my brother to me, it would be a great object, as I have not heard from him since the 10th of July. I have carefully abstained from giving the least hint in my letter of the kindness of your friend.

LADY MORNINGTON TO JAY.

No 3, Cavendish-square
Thursday, Oct. 2d, 1794.

Lady Mornington presents her respectful compliments to Mr. Jay, and takes the liberty of enclosing a few lines for her daughter, to inform her that her children and friends are well. Lady Mornington begs leave to assure Mr. Jay, that she is most gratefully sensible of his humane attention to Lord Mornington’s application respecting his brother and sister, and she cannot resist giving way to a hope, that Mr. Jay’s doing her unfortunate children the honour to interest himself about them may be successful.

JAY TO LADY MORNINGTON.

Mr. Jay presents his respectful compliments to Lady Mornington. Immediately on receiving the note with which her Ladyship honoured him to-day, he sent the letter that was enclosed in it to the gentleman who is expected to carry it to France.

The measure of arresting and confining all the English without discrimination who were found in France indicates a policy and a disposition unfavourable to Lady Fitzroy’s liberation. Whether the existing administration will, if so inclined, find it safe and prudent to relax in these respects is doubtful; especially considering the influence which popular opinions, jealousies, and resentments frequently have on popular chiefs and leaders.

Mr. Jay forbears, therefore, to flatter either Lady Mornington or himself with expectations which, however pleasing, are too precarious to be greatly indulged in.

Royal Hotel, Pall-Mall, October 2, 1794.

JOHN SLOSS HOBART TO JAY.

Throggs Neck, 16th October, 1794.

My dear Sir,

I should have written to you sooner but have been out of town when opportunities offered to England; besides I could not help hoping, even against hope, that your mission would prove so short that you might return before the cold season set in. . . .

I am much obliged for the returned cyder; you shall know when you come home how much it has improved by the voyage. Good as it is (and Chief Justice Morris has given it his fiat) it would have been better if it had not been bottled so soon. Your visit to Sir John Sinclair was truly a feast. The lock of wool you was good enough to inclose me has been examined and admired. Is it practicable to obtain a few such sheep from Spain? if not, could not some of the breed be procured to be brought from Saxony to Hamburg to which place we have some constant traders? I am much pleased with the plan of the Board of agriculture and mean to avail myself of the advantages to be derived from their reports.

On this side the water the spirit of enterprise progresses. The cotton manufactories at Paterson and Horn’s hook have produced some specimens which appear to be well executed. The waters of the Bronks are in great demand for manufacturing purposes. A company of Frenchmen are errecting a manufactory of hardware on an extensive scale on that river in the neighbourhood of Mr. Cox. Oliver Delancy has sold the house in which he lives together with 100 acres of land extending on both sides the river for £1,500 for which I am told he would have taken £800 not long since. Mr. Izard mentioned to me a few days ago that £6,000 had been offered for the mills independent of the orchard. Last spring you abandoned your building in Stone Street on account of the enhanced expenses; that has since greatly increased, and yet the rage for building has increased at a greater rate. Houses start up as it were by enchantment and still the demand for them every month is greater than the last. Our friend Troup sold his dwelling house in August for about £1,500; the purchaser within a month was asked to take £1,800 for it. It is impossible to conjecture when this will stop, unless a stop should be put to the flood of Emigrants and specie with which we are at present inundated. This being our present situation, while the success of your negotiation is uncertain I could build a monstrous fabrick contemplating them concluded to our wishes—sed hac. Please to present my respects to our friends Trumbull and Jay and believe me with sincere esteem,

Dear Sir,
Your faithfull friend

Jno. Sloss Hobart.

JAY TO PRESIDENT WASHINGTON.

London, 29th October, 1794.

Dear Sir:

I have been honoured with yours of the 5 September; want of leisure constrains me to be concise.

I am authorized by Lord Grenville to assure you in the most explicit terms that no instructions to stimulate or promote hostilities by the Indians against the United States have been sent to the King’s officers in Canada. I am preparing an official representation to him on this subject and he will give me an official answer to it, but as this cannot be done in season to forward by this vessel (for letters after this day will be too late to go by her) his Lordship was permitted to make this informal communication to you for your satisfaction. I am to lay before him a statement of the evidence relative to the interference complained of, to the end that it may be sent to Canada and strict enquiry made into the truth of the allegations and facts in question. They would have been done sooner, but for reasons which shall be explained to you. The Treaty is drawing to a conclusion, and unless some difficulties yet to be removed prove insuperable, will speedily be completed. My letter to Mr. Randolph will contain all the information which I can find here at present to communicate. Be assured, my dear sir, of the perfect respect, esteem, and attachment with which I am,

Your obliged and obedient servant,

John Jay.

JAY TO EDMUND RANDOLPH.

London, October 29, 1794.

Sir:

I have been favoured with yours of the 15th, 18th, and 30th August, and of the 5th, 12th, 17th, and 20th of September last.

Although I have materials for another letter as long and particular as the one which I had the honour of writing to you on the 13th of September, yet sufficient time for details cannot possibly be spared from the business of the negotiation. I must confine myself to generals, and postpone a minute statement of the transactions which have taken place since the date of that letter to a future opportunity.

You have been informed that we had agreed to incorporate the two projets, viz.: of a settlement and of a commercial treaty. I undertook this business, and prepared a draught, including most of the articles in those two, and adding several others, but all of them for mutual consideration. From these Lord Grenville, extracting several, omitting some, and adding others, formed a new draught. Difficulties have appeared, and been discussed; some have been removed, some lessened by proposed modifications, and a few still remain. It was proposed that goods for the Indian trade should pass from Canada to the Indians within the United States, duty free: to this I could not consent. It has been proposed that alien tonnage and impost should cease: to this there also appeared to me to be very strong objections.

I think the former may be yielded, in some degree, to us; as to the latter, I cannot yet form a judgment.

We spent several hours, on Friday and yesterday, in these discussions, and they will be resumed tomorrow morning. I perceive nothing that indicates a desire to protract, and I think it cannot be long before the negotiation terminates either in a treaty, or in a certainty that an amicable settlement is impracticable.

All propositions relative to a new line in our north-western corner are suspended. We have agreed that the river shall be surveyed and its source ascertained. I think Canada and its Indian trade will be opened to us, but not the navigation of the St. Lawrence from the sea.

Although a more early day than June 1, 1796, cannot be had for the evacuation of the posts (for reasons which shall hereafter be mentioned), yet we agreed yesterday to add, “the United States, in the meantime, extending their settlements to any parts within their boundaries, except within the precincts of any of the posts.”

I wish to take particular notice of your letters, but, really, sir, I cannot do it now.

I feel very sensibly the confidence reposed in me by the permission to take such notice of my reception here as I might judge proper. The following is a copy of the letter which I have written to Lord Grenville on that subject.

Royal Hotel, Pall Mall, October 27, 1794.

My Lord:

The President having been informed of the gracious reception with which their Majesties were pleased to honour me, has made it my duty to assure them of the sense he entertains of that pleasing mark of attention to the United States. He flatters himself that a negotiation, commenced under such favorable auspices, and conducted with a correspondent disposition to conciliation, will terminate in a settlement mutually satisfactory and beneficial.

He requests his Majesty to be persuaded that he will continue to promote every measure that may conduce to this desirable event; and that the United States will, with pleasure and alacrity, cherish the concord and good-will which will naturally result from it. I am convinced, my Lord, that this communication will derive advantages from the manner in which you will convey it to their Majesties; and I am the more gratified in addressing it to your Lordship, as an additional opportunity is thereby afforded me of assuring you of the respect and esteem with which I have the honour to be your Lordship’s, etc.

The Right Honourable Lord Grenville, etc.

I am preparing an official representation, touching unfriendly interferences with the Indians, and I have reason to believe that a satisfactory answer will be given to it.

LORD GRENVILLE TO JAY.

Downing Street, Oct. [30?], 1794.

Sir,

I have taken the earliest opportunity to lay before the King your letter of the 27th instant, and I have it in command to express to you the satisfaction which His Majesty has derived from the sentiments which you have been charged to convey to me on the part of the President of the United States, and to assure you that there exists on His Majesty’s part the same disposition towards the object of conciliation and friendship. I trust you are convinced of the satisfaction which those who are honored with His Majesty’s confidence will always feel in executing to the best of their power His Majesty’s intentions in this respect.

It has on that account been matter of the greatest satisfaction to me that, in the course of a negotiation directed to the attainment of this desirable object, I have to treat with a Minister whose dispositions and conduct are so well calculated to promote it. I trust with no small degree of confidence that the final issue of our joint endeavours will be such as I am persuaded we both wish; but, in every case, I shall always retain those sentiments of the most sincere respect and esteem with which I have the honor to be,

Sir,
Your most obedient, humble servant,

Grenville.

JOHN DRAYTON1 TO JAY.

Octr. 30th, 1794, Charleston, S. C.

My dear and respected Sir,

With the regard almost of a son, and the sincere esteem of a friend, permit me again to borrow a little from the moments which are precious to you, while I indulge the sweet pleasure, of an imaginary conversation. . . .

. . . Permit me to offer for your perusal at a leisure moment, a publication of mine, respecting matters which struck my attention during my northern jaunt. You will find by it, that so far from giving up writing, the itch of scribbling still continues to affect me: and that from a newspaper writer, I have now stept forth, the author of a small book. I assure you I tremble at the step I have taken; but the thing is done; and all that remains for me is to hope for the best. Before the publication of this book, I wrote several numbers, which were published in our paper under the signature of “A native of Charleston, and one of its representatives in the Legislature” upon the Subject of representation, which took very well, insomuch, that at the last election for the legislature, I had 410 votes, where before I had only 165; and in this last election all the violent French party were opposed to me. This subject of representation takes up much of the public attention. The people in the back country wish to alter our present representation, and make it only upon a ratio of white population. Those of the low country in whose favor I am, are for property having a proportionate representation in the Legislature. It will be warmly advocated in the Legislature of this State, in the next Month.

Judge Wilson and his Lady are at present here; I flatter myself they will have no reason to complain of the inattention of the citizens.

He has much business to transact, both in the federal, civil, and criminal court.

Wishing you, my Dear Sir, an honorable negotiation and happy return to your family and friends I have the honor to subscribe myself,

Your sincere friend and most
Obedient and very humble Servt.,

J. Drayton.

PRESIDENT WASHINGTON TO JAY.

[PRIVATE.]

Philadelphia, Novr. 1st, 1794.

My dear Sir,

On Tuesday last I returned from my tour to the westward. On Monday Congress, by adjournment, are to meet; and on the day following, Mr. Bayard, according to his present expectation is to leave this city for London.

Thus circumstanced (having so little time between my return, and the opening of the session, to examine papers, and to prepare my communications for the legislature) you will readily perceive that my present address to you must be hurried;—at the same time, my friendship and regard for you, would not let an opportunity, so good as the one afforded by Mr. Bayard, pass without some testimony of my remembrance of you; and an acknowledgement of the receipt of your private letters to me, dated the 23d of June, 21st of July and 5th and 11th of August.—These comprehend all the letters I have received from you since your arrival in England, to the present date.

That of the 5th of August, dawns more favorably upon the success of your mission, than any that had preceded it; and for the honor, dignity and interest of this country, for your own reputation and glory, and for the peculiar pleasure and satisfaction I should derive from it, as well on private, as on public considerations, no man more ardently wishes you complete success than I do. But as you have observed in some of your letters, that it is hardly possible in the early stages of a negotiation to foresee all the results—so much depending upon fortuitous circumstances and incidents which are not within our controul—so, to deserve success by employing the means with which we are possessed to the best advantage, and trusting the rest to the All wise Disposer, is all that an enlightened public, and the virtuous and well disposed part of the community can reasonably expect; nor in this, will they, I am sure, be disappointed. Against the malignancy of the discontented, the turbulent, and the vicious, no abilities, no exertions, nor the most unshaken integrity, are any safeguard.

As far as depends upon the Executive, measures preparatory for the worst, while it hopes for the best, will be pursued; and I shall endeavor to keep things in statu quo until your negotiation assumes a more decisive form, which I hope will soon be the case, as there are many hot-heads and impetuous spirits among us, who with difficulty can be kept within bounds. This, however, ought not to precipitate your conduct, for as it has been observed, there is a “tide in human affairs” which ought to be watched; and because I believe all who are acquainted with you will readily concede that considerations, both public and private, combine to urge you to bring your mission to a close with as much celerity as the nature of it will admit.

As you have been, and will continue to be, fully informed by the Secretary of State of all transactions of a public nature, which relate to, or may have an influence on, the points of your mission, it would be unnecessary for me to touch upon any of them in this letter, was it not for the presumption, that the insurrection in the western counties of this State has excited much speculation, and a variety of opinions abroad, and will be represented differently according to the wishes of some, and the prejudices of others, who may exhibit it as an evidence of what has been predicted “that we are unable to govern ourselves.” Under this view of the subject I am happy in giving it to you as the general opinion, that this event having happened at the time it did, was fortunate, although it will be attended with considerable expence.

That the self created societies which have spread themselves over this country, have been labouring incessantly to sow the seeds of distrust, jealousy, and, of course discontent, thereby hoping to effect some revolution in the government, is not unknown to you.—That they have been the fomenters of the western disturbances admits of no doubt in the mind of any one who will examine their conduct; but fortunately they precipitated a crisis for which they were not prepared, and thereby have unfolded views which will, I trust, effectuate their annihilation sooner than it might otherwise have happened. At the same time it has afforded an occasion for the people of this country to shew their abhorrence of the result and their attachment to the constitution and the laws;—for I believe that five times the number of Militia that was required, would have come forward if it had been necessary, in support of them.

The spirit which blazed out on this occasion, as soon as the object was fully understood, and the lenient measures of the government were made known to the people, deserve to be communicated; for there are instances of General officers going at the head of a single troop, and light companies;—of field officers, when they came to the places of rendezvous and found no companies for them in that grade turning into the ranks, and proceeding as private soldiers, under their own captains; and of numbers, possessing the first fortunes in the country, standing in the ranks as private men, and marching day by day with their knapsacks and haversacks at their backs, sleeping on straw, with a single blanket in a soldier’s tent, during the frosty nights we have had, by way of example to others; nay more, of many young Quakers (not discouraged by the Elders) of the first families, characters and properties, having turned into the ranks, and marching with the troops.

These things have terrified the insurgents, who had no conception that such a spirit prevailed, but while the thunder only rumbled at a distance, were boasting of their strength, and wishing for, and threatening the militia, by turns; intimating, that the arms they should take from them would soon become a magazine in their hands.—Their language is much changed indeed, but their principles want correction.

I shall be more prolix in my Speech to Congress on the commencement, and progress of this insurrection than is usual in such an instrument, or than I should have been on any other occasion; but as numbers (at home and abroad) will hear of the insurrection and will read the Speech, that may know nothing of the documents to which it might refer, I conceived it would be better to encounter the charge of prolixity by giving a cursory detail of facts (that would shew the prominent features of the thing) than to let it go naked into the world, to be dressed up according to the fancy or inclinations of the readers, or the policy of our enemies.

I write nothing in answer to the letter of Mr. Wangenheim (enclosed by you to me). Were I to enter into correspondencies of that sort (admitting there was no impropriety in the measure) I should be unable to attend to my ordinary duties. I have established it as a maxim, neither to invite, nor to discourage, emigrants. My opinion is that they will come hither as fast as the true interest and policy of the United States will be benefited by foreign population. I believe many of these, as Mr. Wangenheim relates, have been, and I fear will continue to be, imposed upon by speculators in land, and other things.

But I know of no prevention but caution nor any remedy except the laws. Nor is military, or other employment so easy to obtain as foreigners conceive in a country where offices, and the seekers of them, bear no proportion to each other.

With sincere esteem and great regard,

I am, Dear Sir,
Your Affectionate Servant

G. Washington.

P. S. 4th Novr.

Your correspondance with New York is, I am persuaded, too regular and constant to leave you in any doubt as to the health of Mrs. Jay. Yet, as I was told yesterday by Mrs. King that she and all your family were well, I chose to mention it.

For want of a Senate, Congress have not yet proceeded to business.

G. W.

JAY TO OLIVER ELLSWORTH.

London, 19th November, 1794.

Dear Sir:

The negotiation is terminated by a treaty. It will, with this letter, go by the packet, which, in expectation of this event, has been detained above a week.

In my opinion we have reason to be satisfied. It is expedient that the ratification should not be unnecessarily delayed. The best disposition towards us prevails in the cabinet, and I hope they will have reason to be content with the delicacy and propriety of our conduct towards them and the nation. Further concessions on the part of Great Britain cannot, in my opinion, be attained. The minister flatters himself that this treaty will be very acceptable to our country, and that some of the articles in it will be received as unequivocal proofs of good-will. We have industriously united our efforts to remove difficulties, and few men would have persevered in such a dry, perplexing business, with so much patience and temper as he has done.

I could write you a long letter on these topics, but I have not time. Believe me to be, with great esteem and regard, dear sir,

Your most obedient and humble servant,

John Jay.

JAY TO PRESIDENT WASHINGTON.

London, 19th November, 1794.

Dear Sir:

A letter which I wrote to you on the 29th October last, contained the following paragraph, viz.:

“I am authorized by Lord Grenville to assure you, in the most explicit terms, that no instructions to stimulate or promote hostilities by the Indians against the United States, have been sent to the king’s officers in Canada. I am preparing an official representation to him on this subject, and he will give me an official answer to it; but as this cannot be done in season to forward by this vessel (for letters after this day will be too late to go by her), his Lordship has permitted me to make this informal communication to you for your satisfaction. I am to lay before him a statement of the evidences relative to the interferences complained of, to the end that it may be sent to Canada, and strict inquiry made into the truth of the allegations and facts in question.”

My time and thoughts have ever since continued to be so entirely engrossed by the treaty which is now concluded, and was this day signed, as that it really has not been in my power to finish and present this representation.

As to the treaty, it must speak for itself. A hasty letter which I have written to Mr. Randolph, contains some remarks on a few of the articles in it. That letter is far from being so particular as I could wish, but I cannot help it. My whole time has been employed. To do more was not possible. I wish that I could accompany the treaty, but I feel that I ought not to expose myself to the severities of a winter’s voyage.

I am exceedingly anxious to return; for although I have every other reason to be satisfied with my situation, yet I am not at home. I ought not to conceal from you, that the confidence reposed in your personal character was visible and useful throughout the negotiation.

If there is not a good disposition in the far greater part of the cabinet and nation towards us, I am exceedingly deceived. I do not mean an ostensible and temporizing, but a real good disposition. I wish it may have a fair trial. With perfect respect, esteem, and attachment,

I am, dear sir,
Your obliged and obedient servant,

John Jay.

JAY TO ALEXANDER HAMILTON.

London, 19th November, 1794.

My Dear Sir:

My task is done; whether finis coronat opus, the president, senate, and public will decide.

This letter goes by the packet, and the treaty with it; some parts of it require elucidation to common readers. I have not time for comments; Lord Grenville is anxious to dismiss the packet; I therefore write in haste. If this treaty fails, I despair of another. If satisfactory, care should be taken that the public opinion be not misled respecting it, for this reason the sooner it is ratified and published the better. I really think the good disposition of this country should be cherished. I came here in the moment of exultation and triumph on account of Lord Howe’s victory. From that day to this I have experienced no change in sentiments or conduct relative to the negotiation. I must, though not without reluctance, conclude; not being fit for a winter voyage, I shall stay here till spring. Indeed, I shall want repairs before I am quite fit for any voyage. God bless you.

Yours,

John Jay.

JAY TO RUFUS KING.

London, 19th November, 1794.

Dear Sir:

I send by the packet the fruit of my negotiation—a treaty. I wish that I could go with it, as well that I might again be in my own country, as that I might answer questions on the subject. The draft has undergone several editions, with successive alterations, additions, etc. This shows that time and trouble have not been spared. I have just finished a hasty letter to Mr. Randolph. It will be thought slovenly, but I cannot help it. The packet must go. If I entirely escape censure, I shall be agreeably disappointed. Should the treaty prove, as I believe it will, beneficial to our country, justice will finally be done. If not, be it so—my mind is at ease: I wish I could say as much for my body, but the rheumatism will not permit me. Health and happiness to you, my good friend.

Yours, sincerely,

John Jay.

JAY TO THOMAS PINCKNEY.

Pall Mall, 19th November, 1794.

Dear Sir:

The Treaty is signed. I am just returned from Lord Grenville, and going to dine out of town. Being persuaded that this event will give you pleasure I write these few lines in haste to inform you of it, and to present to you my thanks and acknowledgments for the friendly aid I have received from you in the course of the negotiation.

Be assured of the very sincere esteem and regard with which I am, dear sir,

Your friend and humble servant,

John Jay.

JAY TO EDMUND RANDOLPH.

London, 19th November, 1794.

Sir:

The long-expected treaty accompanies this letter; a probability of soon concluding it has caused the packet to be detained for more than a week. The difficulties which retarded its accomplishment, frequently had the appearance of being insurmountable; they have at last yielded to modifications of the articles in which they existed, and to that mutual disposition to agreement which reconciled Lord Grenville and myself to an unusual degree of trouble and application. They who have levelled uneven grounds, know how little of the work afterwards appears.

Since the building is finished, it cannot be very important to describe the scaffolding, or go into all the details which respected the business. Explanatory remarks on certain articles might be useful, by casting light on governing principles, which, in some instances, are not so obvious as to be distinctly seen on first view. Feeling the want of leisure and relaxation, I cannot undertake it in this moment of haste. I must confine myself to a few cursory observations, and hope allowances will be made for inaccuracies and omissions.

My opinion of the treaty is apparent from my having signed it. I have no reason to believe or conjecture that one more favourable to us is attainable.

Perhaps it is not very much to be regretted that all our differences are merged in this treaty, without having been decided; disagreeable imputations are thereby avoided, and the door of conciliation is fairly and widely opened by the essential justice done, and the conveniences granted to each other by the parties.

The term limited for the evacuation of the posts could not be restricted to a more early day; that point has been pressed. The reasons which caused an inflexible adherence to that term, I am persuaded, were these, viz.: That the traders have spread through the Indian nations goods to a great amount; that the return for those goods cannot be drawn into Canada at an earlier period; that the impression which the surrender of all the posts to American garrisons will make on the minds of the Indians cannot be foreseen. On a former occasion it was intimated to them (not very delicately) that they had been forsaken, and given up to the United States; that the protection promised them on our part, however sincere, and however, in other respects, competent, cannot entirely prevent those embarrassments which, without our fault, may be occasioned by war; that, for these reasons, the traders ought to have time to conclude their adventures, which were calculated on the existing state of things; they will afterward calculate on the new state of things; but that in the meantime, the care of government should not be withdrawn from them.

The third article will, I presume, appear to you in a favourable light; a number of reasons which, in my judgment, are solid, support it. I think they will, on consideration, become obvious. It was proposed and urged that the commercial intercourse opened by this article ought to be exempted from all duties on either side. The inconveniences we should experience from such a measure were stated and examined. It was finally agreed to subject it to native duties. In this compromise, which I consider as being exactly right, that difficulty terminated; but for this compromise the whole article would have failed, and every expectation of an amicable settlement been frustrated. A continuance of trade with the Indians was a decided ultimatum; much time and paper, and many conferences were employed in producing this article; that part of it which respects the ports and places on the eastern side of the Mississippi, if considered in connection with the ——— article in the treaty of peace, and with the article in this treaty which directs a survey of that river to be made, will, I think, appear unexceptionable.

In discussing the question about the river St. Croix, before the commissioners, I apprehend the old French claims will be revived. We must adhere to Mitchell’s map. The Vice-President perfectly understands this business.

The 6th article was sine qua non, and is intended as well as calculated to afford that justice and equity which judicial proceedings may, on trial, be found incapable of affording. That the commissioners may do exactly what is right, they are to determine according to the merits of the several cases, having a due regard to all the circumstances, and as justice and equity shall appear to them to require.

It is very much to be regretted that a more summary method than the one indicated in the seventh article could not have been devised and agreed upon for settling the capture cases; every other plan was perplexed with difficulties, which frustrated it. Permit me to hint the expediency of aiding the claimants, by employing a gentleman, at the public expense, to oversee and manage the causes of such of them as cannot conveniently have agents of their own here; and whether in some cases pecuniary assistance might be proper. I do not consider myself at liberty to make such an appointment, nor to enter into any such pecuniary engagements. It would probably be more easy to find a proper person on your side of the water than on this. Here there are few fit for the business, and willing to undertake it, who (having affairs of their own to attend to) would not be tempted to consider the business of the claimants in a secondary light. Several objections to giving him a fixed salary are obvious. In my opinion a moderate commission on the sums to be recovered and received, would be a more eligible method of compensating him for his services. Our consul here talks, and, I believe, in earnest, of returning to America, or I should expect much advantage from his zeal and endeavours to serve such of the claimants as might commit their business to his management.

You will find in the 8th article a stipulation, which, in effect, refers the manner of paying the commissioners very much to our election. I prefer paying them jointly. The objection to it is, that the English pay high. I have always doubted the policy of being penny-wise.

The Lord Chancellor has prepared an article respecting the mutual admission of evidence, etc., which we have not had time fully to consider and decide upon; it contains a clause to abolish alienism between the two countries. His Lordship’s conduct and conversation indicate the most friendly disposition towards us. A copy of his article shall be sent, and I wish to receive precise instructions on that head.

The credit of some of the States having, to my knowledge, suffered by appearances of their being favourable to the idea of sequestrating British debts on certain occasions, the 10th article will be useful. People wishing to invest their property in our funds and banks, have frequently applied to me to be informed whether they might do it without risk of confiscation or sequestration. My answer has been uniform, viz., that, in my opinion, such measures would be improper; and, therefore, that, in my opinion, they would not be adopted. Some pressed me for assurances, but I have declined to give any.

The 12th article, admitting our vessels of seventy tons and under, into the British islands in the West Indies, affords occasion for several explanatory remarks. It became connected with a proposed stipulation for the abolition of all alien duties of every kind between the two countries. This proposition was pressed, but strong objections opposed my agreeing to it. A satisfactory statement on this point would be prolix. At present I cannot form a very concise one, for that would not require less time. The selection and arrangement necessary in making abridgments cannot be hastily performed. The duration of this article is short, but if we meet the disposition of this country to good humour and cordiality, I am much inclined to believe it will be renewed. The duration of the treaty is connected with the renewal of that article, and an opportunity will then offer for discussing and settling many important matters.

The article which opens the British ports in the East Indies to our vessels and cargoes, needs no comment. It is a manifestation and proof of good-will towards us.

The questions about the cases in which alone provisions become contraband, and the question whether, and how far, neutral ships protect enemy’s property, have been the subjects of much trouble, and many fruitless discussions. That Britain, at this period, and involved in war, should not admit a principle which would impeach the propriety of her conduct in seizing provisions bound to France, and enemy’s property on board neutral vessels, does not appear to me extraordinary. The articles, as they now stand, secure compensation for seizures, and leave us at liberty to decide whether they were made in such cases as to be warranted by the existing law of nations; as to the principles we contend for, you will find them saved in the conclusion of the 12th article, from which it will appear that we still adhere to them.

The articles about privateers were taken from the treaty of commerce between Great Britain and France, and the one for treating natives, commanding privateers, as pirates, in certain cases, was partly taken from ours with Holland.

The prohibition to sell prizes in our ports had its use; and we have no reason to regret that your instructions to me admitted of it.

Various subjects which have no place in this treaty, have, from time to time, been under consideration, but did not meet with mutual approbation and consent.

I must draw this letter to a conclusion; Lord Grenville is anxious to dismiss the packet as soon as possible.

There is reason to hope that occasions for complaint on either side will be carefully avoided. Let us be just and friendly to all nations.

I ought not to omit mentioning the acknowledgments due from me to Mr. Pinckney, with whom I have every reason to be satisfied, and from whose advice and opinions I have derived light and advantage in the course of the negotiation. His approbation of the treaty gives me pleasure, not merely because his opinion corresponds with my own, but also from the sentiments I entertain of his judgment and candor.

It is desirable that I should have the earliest advice of the ratification; and be enabled to finish whatever may be expected of me, in season to return in one of the first spring vessels. My health is not competent to a winter’s voyage, or I should be the bearer of the treaty. This climate does not agree with me, and the less so on account of the application and confinement to which it was necessary for me to submit.

I had almost forgotten to mention that, on finishing and agreeing to the draft of the treaty, I suggested to Lord Grenville, as a measure that would be very acceptable to our country, the interposition of his Majesty with Algiers, and other states of Barbary, that may be hostile to us. This idea was favourably received, and it is my opinion that this court would, in good earnest, undertake that business, in case nothing should occur to impeach the sincerity of that mutual reconciliation which it is to be hoped will now take place.

It will give you great pleasure to hear that great reserve and delicacy have been observed respecting our concerns with France. The stipulation in favor of existing treaties was agreed to without hesitation; not an expectation, nor even a wish, has been expressed that our conduct towards France should be otherwise than fair and friendly. In a word, I do not know how the negotiation could have been conducted, on their part, with more delicacy, friendliness, and propriety, than it has been from first to last.

I have the honour to be, etc.,

John Jay.

JAY TO LORD GRENVILLE.

Royal Hotel, Pall Mall,
22d November, 1794.

My Lord:

I have had the pleasure of receiving the letter which your Lordship did me the honour to write yesterday, enclosing a copy of one that you had written to Mr. Hammond.1 Marks of confidence from those who merit it are grateful to the human mind; they give occasion to inferences which by soothing self-love produce agreeable emotions.

Being aware that our mutual efforts to restore good humour and good-will between our two countries should be continued beyond the date of the treaty, I am happy that our sentiments in this respect coincide.

The letters I have written to America with the two copies of the treaty, which are already despatched, leave me little to add on the subject of your Lordship’s letter; they are indeed concise, for I had not time to amplify; they will be followed by others less general and more pointed. There are men among us to whom these ideas will be familiar, and who will not omit to disseminate them. Their opinions and example will have influence, but it will be progressive, not sudden and general. The storm, I hope and believe, will soon cease; but the agitation of the waters will naturally take some time to subside; no man can with effect say to them, ‘Peace, be still.’ By casting oil upon them, they will doubtless be the sooner calmed. Let us do so.

I have a good opinion of Mr. Hammond; nay, more, I really wish him well; the asperities, however, which have taken place, lead me to apprehend that official darts have frequently pierced through the official characters and wounded the men. Hence I cannot forbear wishing that Mr. Hammond had a better place, and that a person well adapted to the existing state of things was sent to succeed him.

My Lord, I make this remark on the most mature reflection, and found it on those active principles in human nature which, however they may be repressed, cannot easily be rendered dormant, except in cases of greater magnanimity than prudence will usually allow us to calculate upon.

It is not without reluctance that I give this remark a place in this letter. I class Mr. Hammond among those who I think are friendly to me. I have experienced his attentions and hospitality: not an unkind idea respecting him passes in my mind. Public and common good is my object and my motive.

That official letters and documents have been prematurely and improperly published in America is evident. I have not been sparing of animadversions on this head, and flatter myself that more circumspection will in future be used.

The consuls and other public officers and agents in the two countries will have it much in their power (especially in America, from the nature of the government and state of society) to promote or check the progress of conciliation and cordiality.

I have but imperfect knowledge of those now in the United States, except Sir John Temple, whose conduct and conversation appeared to be conciliatory. I have been informed very explicitly that Mr. ———, the consul in Virginia, is not esteemed, and that his private character is far from being estimable. I mention this as meriting inquiry.

There being no French merchant-ships in the American seas, the privateers must either prey on neutral vessels or return without spoil. Hence they become exposed to temptations not easy for them to resist.

The privateers of two hostile nations have no desire to seek and to fight each other. Between mere birds of prey there are few conflicts. If they were recalled, their crews might be usefully employed in ships of war or of commerce. Pardon the liberty of these hints, they occurred to me, and I let my pen run on—perhaps too far.

Permit me to assure you, my Lord, that my endeavours to cultivate amity and good-will between our countries and people shall continue unremitted; and that they will not cease to be animated by your Lordship’s co-operation. To use an Indian figure, may the hatchet henceforth be buried for ever, and with it all the animosities which sharpened, and which threatened to redden it. With the best wishes for your happiness, and with real esteem and regard, I am, my Lord,

Your Lordship’s most obedient servant,

John Jay.

COLONEL JOHN TRUMBULL TO JAY.

[London], December 10, 1794.

Sir,

In consequence of your directions, I spoke to Mr. Burges of the propriety of making some acknowledgement on your part to the two clerks who wrote the copies of the treaty, and in consequence of our conversation I have this morning enclosed ten pounds to him, with a request that he will divide it to the two, according to their merits.

This conversation introduced the general subject of presents, when Mr. Burges informed me that it was the established custom here to present to the Foreign Minister who conducted a treaty the portrait of the king elegantly set; “and on this occasion,” added he, “I have by Lord Grenville’s direction already given Orders to the King’s Jeweller to have the picture and box which is to enclose it, finished immediately. It is also customary to make a proportional present to the Secretary of such Minister; and these are given on the Exchange of the Ratifications.” I answered that I believed it to be otherwise with us, and that the Officers of the United States were even prohibited to receive presents of any kind, from any foreign Prince or State.

I submit to your Judgement how far my answer was right; and how far it was intended by the Constitution to prohibit the Ministers of the United States receiving presents of this Nature.

I am, with every sentiment of respect,
Your most obliged servant,

Jno. Trumbull.

JAY TO JOHN QUINCY ADAMS.

London, 13th December, 1794.

Dear Sir:

I am much obliged by your letter of the 2d of this month; your letter to Mr. Randolph goes by the Aurora to New York; we have had several late arrivals from thence and from Philadelphia. In the Adriana from the latter place Mr. Samuel Bayard came passenger; he is appointed by the government to superintend the prosecution of claims and appeal in the capture causes. The insurrection in Pennsylvania was dissipating fast, and government will derive strength from its suppression. The general irritation had considerably abated; specie and emigrants were daily arriving; trade brisk and the prices of all our productions unusually high. It was believed that there would be a large majority of federal representatives returned to Congress. Mr. Smith of South Carolina was re-elected. Notwithstanding the efforts of our Jacobins, affairs in general had assumed a more favourable aspect.

Appearances here indicate another campaign; the issue of it cannot fail of being important in its consequences. If the United States preserve peace and tranquillity, they will have reason to be thankful. I become daily more and more convinced that the best disposition towards us prevails here. Remember me to your brother, and be assured of the esteem and regard with which I am, dear sir,

Your most obedient and humble servant,

John Jay.

PRESIDENT WASHINGTON TO JAY.

[PRIVATE.]

Philadelphia, Decr. 18th, 1794.

My dear Sir,

Since writing to you by Mr. Bayard, about the first of November, I have been favored with your letter of the 13th of September and 2d of October.

As the sentiments contained in the first of these respecting the communications of Mr. Monroe to the National Convention of France were also transmitted in a private letter from you to the Secretary of State, and replied to by him (both of which I have seen) I shall dwell no longer on that subject than just to observe 1st, that considering the place in which they were delivered, and the neutral policy this country had to pursue, it was a measure that does not appear to have been well devised by our Minister; 2d, aware of this himself, and that his conduct would be criticised, he has assigned reasons for its adoption, a summary of which are, that the Navy officers and privateers-men of France who had resorted to our ports, and had been laid under such restrictions as neutral policy required altho’ disagreeable to them, had represented this country (and not without effect) as unfriendly to the French revolution. To do away which he found himself necessitated to counteract them by strong assurances of the good dispositions of the people of these United States towards that nation. And 3dly, although I think with you that in order to accomplish this he has stepped beyond the true line, yet, under the then existing circumstances, the expression of such reciprocal good will, was susceptible of two views—one of which even in the pending state of the negotiation (by alarming as well as offending the British Ministry) might have no unfavorable operation in bringing matters to a happy and speedy result, than which nothing is more desirable, or can be more ardently wished for by the friends of peace and good order in this country.

As the Secretary of State has written to you several times since the receipt of your statement of the negotiation on the 13th of September, I shall add nothing to the observations which were contained in his letters on this subject thereof. The business of the Session hitherto has been tranquil, and I perceive nothing at this time, to make it otherwise, unless the result of the negotiation (which is anxiously expected by all) should produce divisions. As yet no details have been handed to Congress on this subject; indeed, no communication of that business has been made to anybody except those immediately about me in the executive department. A paragraph, of which the enclosed is a copy, is running through all our Gazettes, accompanied with a report that the United States are contemplated as mediator between France and England. To ascertain by what authority the first was inserted, Bache, in whose paper it first appeared, has been called upon by the Secretary of State, but no satisfactory answer has been obtained from him as yet. With respect to the other it seems to have originated on the other side of the water, and is of a delicate nature, the very idea of which, under the present successes of the French arms (admitting it should be agreeable to the other power) would, it is conceived, convey unpleasant sensations, and be viewed in an evil light by that nation, unless intimations to the contrary should first come from them.

The Virginia escheats of British property do not, as I am informed, stand upon the ground as related to you; but as I am not accurately enough read in the law respecting these escheats to be precise in my recital of it, I will request the Secretary of State to give you the principles thereof.

As I expected, and as you have been informed the result would probably be, so it has happened that, the western insurrection has terminated highly honorable for this country, which by the energy of its laws, and the good disposition of its citizens, have brought the rioters to a perfect sense of their duty without shedding a drop of blood. In the eyes of foreigners, among us, this affair stands in a high point of respectability. With great truth I remain,

Dear sir,
Your affectionate,

G. Washington.

JAY TO TENCH COXE.

London, 18th December, 1794.

Dear Sir:

Accept my thanks for your obliging letter of the 8th of last month, and for the book which accompanied it. As yet, I have not had time to give it that regular and attentive perusal which it appears to merit. It certainly contains much interesting information, and from your accuracy, I presume that the facts and statements in it are correct. It will naturally lead both our own people and foreigners to form a favourable and just estimate of the United States, and show in a strong light the policy of maintaining that respect for our government and laws, without which our local and other advantages can neither be enjoyed nor improved.

The manner in which the insurrection has been dissipated gives me pleasure; and there is reason to hope that the arts and counsels which produced it, will not be able to operate such another.

Our affairs relative to this country have a promising aspect. The best disposition towards us prevails here, and the indications and proofs of it daily increase. I do really believe, that this government means to give conciliatory measures with the United States a full and fair trial. I wish it may be reciprocated on our part. It never can be wise to cast ourselves into the arms and influence of any nation; but certainly it is wise and proper to cherish the good-will of those who wish to be on terms of friendship and cordiality with us. It may seem strange, and yet I am convinced, that next to the king, our president is more popular in this country than any man in it.

With the best wishes, and with sentiments of esteem and regard, I am, dear sir,

Your most obedient servant,

John Jay.

[1 ]Professor of Moral Philosophy in the University of Edinburgh.

[1 ]From this point, for about a year, the correspondence chiefly concerns the “Jay Treaty” of 1794. The threatening complications arising from the Revolution in France, and the divided sympathies of the American people, determined Washington to follow up his proclamation of neutrality with a special effort to avert war with Great Britain whose presumption and aggressions had become exasperating. The delicate mission was entrusted to Jay as Envoy Extraordinary, and in the following letters and documents the course of his negotiations may be traced to their successful issue. See Jay’s “Life of Jay,” vol. i., pp. 301-367, and Pellew’s “Jay,” pp. 294-317.

[1 ]The gentleman referred to was Robert R. Livingston, but neither he nor Jay, as appears in the letter following, accepted the proffered missions, and Monroe was sent to France.—Sparks’ “Washington,” vol. x., pp. 404-6.

[1 ]This was the date of Jay’s sailing from New York for England. A large number of citizens collected at the Battery and cheered and fired a salute as his vessel passed out of the North River. The Tammany Society held its anniversary on the same evening and toasted his mission as well as success to the armies of France. The resolutions referred to in the letter were adopted by one of the many Democratic clubs in the country which grew out of and formed the popular enthusiasm over the French Revolution. The Philadelphia Society denounced the English mission less than it reflected upon the President’s appointment of Jay. It was claimed that his office of Chief Justice had been degraded to partisan uses—a step “the most unconstitutional and dangerous in the annals of the United States.” Among other criticisms, the resolutions insisted that in case of an impeachment of the Executive the Chief Justice could not act within the spirit and meaning of the Constitution. There was no personal reference to Jay.

[1 ]While Jay was treating with England, Monroe, American Minister at Paris, was expected to quiet the apprehensions of France and prevent her from taking umbrage at any negotiations the former might conclude. The effort failed and on the heels of the Jay Treaty came increased French spoliations. Upon his recall Monroe issued his “View of the Conduct of the Executive”—a pamphlet to be read in a study of Jay’s Mission.

[1 ]In this communication to his government Jay gives a history of the progress of his negotiations at the British Court and outlines the terms of the treaty agreed upon. The text of the treaty, as finally concluded, with further correspondence, appears in “American State Papers: Foreign Relations,” vol. i., p. 520.

[1 ]Brother of the Duke of Wellington. A third brother, Sir Henry Wellesley, and his sister, Lady Fitzroy, referred to in the following letters, had been taken prisoners by a French man-of-war while on their passage from Lisbon to England, and carried to France.

[1 ]Subsequently Governor of South Carolina. As a young man he attempted authorship, and, among other productions, published some letters descriptive of a visit to New York, Newport, Boston, and other places in 1793.

[1 ]The British Minister to the United States.

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1794.

JAY TO DUGALD STEWART.1

Sir:

JAY TO MRS. JAY.1

JAY TO MRS. JAY.

My Dear Sally:

I am, my dear Sally, ever yours,

JAY TO MRS. JAY.

My Dear Sally:

PRESIDENT WASHINGTON TO JAY.

To John Jay, Greeting:

JAY TO MRS. JAY.

My Dear Sally:

Your very affectionate husband,

MRS. JAY TO JAY.

My Dear Mr. Jay:

Your wife till death, And after that a ministering spirit.

PRESIDENT WASHINGTON TO JAY. [SECRET AND CONFIDENTIAL.]

My Dear Sir:

JAY TO PRESIDENT WASHINGTON.

Dear Sir:

Your obliged and affectionate servant.

INSTRUCTIONS TO JAY AS ENVOY EXTRAORDINARY.

Sir:

JAY TO MRS. JAY.

Your very affectionate husband,

JAY TO LORD GRENVILLE.

My Lord:

JAY TO LORD GRENVILLE.

My Lord:

LORD GRENVILLE TO JAY.

JAY TO MRS. JAY.

My Dear Sally:

Yours affectionately,

JAY TO PRESIDENT WASHINGTON.

Dear Sir:

Your affectionate servant,

JAY TO EDMUND RANDOLPH.

Sir:

JAY TO ALEXANDER HAMILTON.

My Dear Sir:

Yours affectionately,

LINDLEY MURRAY TO JAY.

Thy affectionately attached friend,

JAY TO PRESIDENT WASHINGTON.

Dear Sir:

I am, dear sir, Your obliged and affectionate servant,

JAY TO JOHN ANSTEY.

Sir:

Your obedient and very humble servant,

JAY TO LORD GRENVILLE.

My Lord:

JAY TO EDMUND RANDOLPH.

Sir:

JAY TO LORD GRENVILLE.

LORD GRENVILLE TO JAY.

JAY TO PRESIDENT WASHINGTON.

Dear Sir:

Your obliged and obedient servant,

JAY TO JUDGE HOBART.

My Good Friend:

I am, dear sir, Your affectionate friend and servant,

JAY TO COLONEL READ.

Your wife till death,
And after that a ministering spirit.

PRESIDENT WASHINGTON TO JAY.

[SECRET AND CONFIDENTIAL.]

I am, dear sir,
Your obliged and affectionate servant,

I am, dear sir,
Your affectionate friend and servant,

I am, dear sir,
Your affectionate friend,

I remain, sir,
Your most obedient and humble servant,

JAY TO PRESIDENT WASHINGTON.

[Private.]

I am, dear sir,
Your most obedient and obliged servant,

Dear Sir,
Your faithfull friend

Sir,
Your most obedient, humble servant,

Your sincere friend and most
Obedient and very humble Servt.,

PRESIDENT WASHINGTON TO JAY.

[PRIVATE.]

I am, Dear Sir,
Your Affectionate Servant

I am, dear sir,
Your obliged and obedient servant,