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Subject Area: Political Theory
Topic: The American Revolution and Constitution

JAY TO JAMES MONROE. - John Jay, The Correspondence and Public Papers of John Jay, vol. 4 (1794-1826) [1893]

Edition used:

The Correspondence and Public Papers of John Jay, ed. Henry P. Johnston, A.M. (New York: G.P. Putnam’s Sons, 1890-93). Vol. 4 (1794-1826).

Part of: The Correspondence and Public Papers of John Jay, 4 vols.

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JAY TO JAMES MONROE.

Sir:

I have received the letter you did me the honour to write on the 17th of last month by Mr. Purveyance.

It is much to be regretted that any unauthorized accounts in English newspapers, of my “adjustment” with the British administration, should “have excited much uneasiness in the councils of the French government”; and the more so as it does not imply that confidence in the honour and good faith of the United States which they certainly merit.

You must be sensible that the United States, as a free and independent nation, have an unquestionable right to make any pacific arrangements with other powers which mutual convenience may dictate, provided those engagements do not contradict or oppugn their prior engagements with other states.

Whether this adjustment was consistent with our treaty with France, struck me as being the only question which could demand or receive the consideration of that republic; and I thought it due to the friendship subsisting between the two countries, that the French government should have, without delay, the most perfect satisfaction on that head. I therefore, by three letters, viz., of 24th, 25th, and 28th November, 1794, gave you what I hoped would be very acceptable and satisfactory information on that point. I am happy in this opportunity of giving you an exact and literal extract from the treaty. It is in these words, viz.:

“Nothing in this treaty contained, shall, however, be construed or operate contrary to former and existing public treaties with other sovereigns or states.”

Considering that events favourable to our Country could not fail to give you pleasure I did intend to communicate to you concisely some of the most interesting particulars of this treaty, but in the most perfect confidence, as that instrument has not yet been ratified nor received the ultimate forms necessary to give it validity; as further questions respecting parts of it may yet arise and give occasion to further discussion and negotiations, so that if finally concluded at all it may then be different from what it now is, the impropriety of making it public at present is palpable and obvious. Such a proceeding would be inconvenient and unprecedented. It does not belong to ministers who negotiate treaties to publish them even when perfected, much less treaties not yet completed and remaining open to alteration or rejection. Such acts belong exclusively to the governments who form them.

I cannot but flatter myself that the French government is too enlightened and reasonable to expect that any consideration ought to induce me to overleap the bounds of my authority or to be negligent of the respect which is due to the United States. That respect, and my obligations to observe it, will not permit me to give without permission of their government a copy of the instrument in question to any person or for any purposes; and by no means for the purpose of being submitted to the consideration and judgment of the councils of a foreign nation however friendly.

I will, sir, take the earliest opportunity of transmitting a copy of your letter to me, and of this in answer to it to the Secretary of State, and will immediately and punctually execute such orders and instruction as I may receive on the subject.

I have the honour to be, with great respect, sir, your most obedient and humble servant,

John Jay.