Jay, John

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Jay, John

Excerpt from the Jay Treaty

Signed on November 19, 1794
Published in Documents of American History, edited by
Henry S. Commager, 1943

Signed in November 1794, the Jay Treaty (also known as Jay's Treaty) was essentially a truce between Britain and the United States, with each country agreeing to put an end to their hostilities and honor promises made in earlier treaties. When the terms of the Jay Treaty were made public, political division within the United States increased significantly. The two U.S. political parties, the Federalists and the Democratic-Republicans, supported opposing sides in the European war between France and Britain. France had declared war on Britain in 1793, hoping to start a rebellion of the working-class British against the British aristocracy (upper class), similar to the rebellion that was already occurring in France. The Democratic-Republicans remained loyal to France for its support of American forces during the American Revolution (1775–83), when the colonies were fighting for independence from Britain. Democratic-Republicans viewed the French Revolution as similar to the American Revolution and supported the French rebellion. They called for the United States to join France in its war against Britain.

The Federalists, who were largely merchants, manufacturers, and shippers, wanted the United States to strengthen its ties with Britain in order to increase trade. Federalists opposed war with Britain. They believed another war with Britain would be economically disastrous for the United States. However, the Federalists found it difficult to win any support for their cause, because Britain was purposely disrupting American trade with other countries. Between 1793 and 1794, the British seized nearly three hundred American ships that were trading with islands in the French West Indies. The British also captured U.S. sailors and forced them into military service aboard British warships; this practice was known as impressment. These seizures of ships and sailors infuriated Americans.

Another lingering issue causing American contempt for the British was their continued occupation of fur-trading forts in the Old Northwest. The Old Northwest included land north of the Ohio River to the Great Lakes and Canada, east to Pennsylvania's western border, and west to the Mississippi River. British forts included Mackinac, Detroit, Niagara, Oswegatchie, and Oswego on Lake Ontario, and Dutchman's Point on Lake Champlain. From the forts, British troops supplied Native Americans with guns and encouraged them to resist American settlement. Under the terms of the 1783 Treaty of Paris (the peace agreement that ended the American Revolution and granted the United States independence from Britain), the British were to abandon these forts. Instead, the British had remained, and their support of Native American hostilities had almost completely halted American settlement in the region.

Another unresolved issue with Britain involved slaves. During the American Revolution, the British offered freedom to slaves if they could escape, manage to reach British lines, and join the British army. Many slaves took this opportunity to gain their freedom. Some thirty thousand fled Virginia, and twenty-five thousand left South Carolina. When the war ended, Southern planters demanded payment from the British for the loss of these slaves. However, despite repeated demands, the British had not paid them anything.

In 1794, President George Washington (1732–1799; served 1789–97) sent Supreme Court chief justice John Jay (1745–1829) to Britain to negotiate resolutions to the difficulties in order to avoid war with Britain. Jay was an experienced negotiator. He had been part of the U.S. delegation that negotiated the 1783 Treaty of Paris. This time, Jay knew he and the United States were in a weak bargaining position, because the United States had almost no military capability to force the issues.

The treaty Jay managed to negotiate, the Jay Treaty, included a number of British concessions, or compromises. Britain once again promised to withdraw from its forts in the Old Northwest (Article 2). Britain agreed to pay for damages caused to U.S. ships recently seized (Article 7). In return, the United States agreed to repay some debts to Britain (Article 6). Britain also opened up British markets for trade with the United States (Articles 11–17).

Although the British had given in on certain issues, many Americans were outraged with the terms of the treaty. There were those who did not believe that the British would abandon the Old Northwest forts, because Britain had failed to follow through on the same promise eleven years earlier. The two issues that bothered Americans the most, impressment of sailors and the stealing of slaves, were not addressed in the treaty. Britain did agree to pay some damages to shippers for the loss of their vessels and opened up trade for the United States with Britain and British territories. However, the treaty made no guarantees that Britain would stop seizing U.S. ships that were trading with countries such as France.

To many Americans, the Jay Treaty seemed like a Federalist sellout to the British for more trade. Federalist shippers would be paid back for seizure of their vessels, and Federalist merchants and manufacturers would have British markets open to them; however, there was little in the treaty for anyone else. The treaty did draw the United States and Britain closer together than they had been since the end of the American Revolution in 1783.

The French were also upset by the terms of the Jay Treaty. The U.S. alignment with Britain seemed in defiance of an earlier treaty between the United States and France. Article 8 of the 1778 Treaty of Alliance with France stated that neither the United States nor France could make a truce or peace with Britain "without the formal consent of the other." The pro-French Democratic-Republicans were disgusted, because the United States appeared to be breaking its promise to France. More and more Americans adopted an anti-British, anti-Federalist view and moved to the pro-French Democratic-Republican side.

Knowing the Jay Treaty would be controversial, President Washington tried to keep the terms of the treaty secret. He even called a secret session of the Senate on June 8, 1795, to consider ratification (approval). Copies of the treaty leaked out, and intense public debate took place. Nonetheless, the Senate, dominated by Federalists, ratified the treaty on August 14, 1795. Despite substantial public opposition, Washington signed the treaty shortly afterward, with strong encouragement from Alexander Hamilton (1755–1804), the secretary of the treasury and leader of the Federalists.

Things to remember while reading excerpts from the Jay Treaty:

In the Jay Treaty, Britain made some concessions by agreeing to leave the Old Northwest fur-trading posts, open trade, and reimburse U.S. shippers for seized vessels. The treaty averted war between the United States and Britain. However, it did not guarantee that the British would stop capturing U.S. sailors and seizing U.S. ships trading with countries other than Britain. The treaty also ignored the issue of compensation for stolen slaves. Therefore, overall the treaty was a bitter disappointment to a majority of Americans.
Articles 2, 3, and 4 announced that the British would leave Old Northwest fur-trading posts, that all inhabitants including Native Americans could navigate the lakes and rivers and pass freely through the region, and that a boundary would be established between the United States and British-controlled Canada.
Articles 6 and 7 promised British payment of damages to U.S. merchants and citizens and U.S. payment of debts owed to British merchants and other British lenders.
Articles 11, 13, 14, and 15 opened limited trade markets. U.S. ships were allowed to trade with Britain and British territories in the East Indies (Southeast Asia). However, any U.S. ship trading in the East Indies could only bring goods back to U.S. ports and could not go to any other country.

Excerpt from the Jay Treaty

ART. I. There shall be a firm ... peace, and a true and sincere friendship betweenhis Britannic Majesty, his heirs and successors, and the United States of America; and between their respective countries, territories, cities, towns and people of every degree, without exception of persons or places.

ART. II. His Majesty will withdraw all his troops andgarrisons from all posts and places within the boundary lines assigned by thetreaty of peace to the United States. This evacuation shall take place on or before [June 1, 1796] ...: The United States in the mean timeat their discretion extending their settlements to any part within the said boundary line . ... All settlers and traders, within theprecincts or jurisdiction of the said posts, shall continue to enjoy,unmolested, all their property of every kind, and shall be protected therein. ...

ART. III. It is agreed that it shall at all times be free to his Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line freely topass and repass by land, orinland navigation, into the respective territories and countries ofthe two parties on the continent of America ... and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade and commerce with each other. ... The river Mississippi, shall however, according to the treaty of peace be entirely open to both parties; and it is further agreed, that all the ports and places on its eastern side ... may freely be ... used by both parties, in asample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majesty in Great Britain. ...

ART. IV. Whereas it is uncertain whether the river Mississippi extends so far to the northward, as to beintersected by a line to be drawn due west from theLake of the Woods ...; the two parties will thereupon proceed byamicable negotiation, toregulate the boundary line in that quarter. ...

ART. VI. Whereas it is alleged by ... British merchants and others ... that debts, to a considerable amount, which werebona fide contracted beforethe peace, still remain owing to them by citizens or inhabitants of the United States, and that by theoperation of variouslawful impediments since the peace, not only the full recovery of the said debts has been delayed, but also the value and security thereof have been, in several instances, impaired and lessened, so that by the ordinary course ofjudicial proceedings, the British creditors cannot now obtain ... full and adequate compensation for the losses and damages, which they have thereby sustained. It is agreed, that in all such cases where full compensation for such losses and damages cannot, for whatever reason, be actually obtained, had and received by the saidcreditors in the ordinary course of justice, the United States will make full and completecompensation for the same to the said creditors. ...

ART. VII. Whereas complaints have been made by ... 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 losses and damage, by reason of irregular or illegal captures ... of their vessels and other property,under colour of authority or commissions from his Majesty, and that from various circumstances belonging to the said cases adequate compensation for the losses and damages so sustained cannot now be actually 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 actually obtained, had and received by the said merchants and others, in the ordinary course of justice, full and complete compensation for the same will be made by the British government to the said complainants. ...

ART. XI. It is agreed between his Majesty and the United States of America, that there shall be areciprocal and entirely perfect liberty of navigation andcommerce, between their respective people, in the manner, under the limitations, and on the conditions specified in the following articles:

[Art. XII, relating to trade with the West Indies, was suspended.]

ART. XIII. His Majesty consents that the vessels belonging to the citizens of the United States of America, shall be admitted and hospitably received, in all the sea ports and harbours of the British territories in theEast Indies: and that the citizens of the said United States, may freely carry on a trade between the said territories and the said United States, in allarticles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited . ... The citizens of the United States shall pay for their vessels when admitted into the said ports no other or highertonnage duty than shall be payable on British vessels when admitted into theports of the United States. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British territories, to any port or place, except to some Port or Place in America, where the same shall beunladen, and such regulations shall be adopted by both parties, as shall from time to time be found necessary to enforce the due and faithful observance of thisstipulation . ...

ART. XIV. There shall be between all thedominions of his Majesty in Europe, and the territories of the United States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively, shall have liberty freely and securely, and without hindrance andmolestation, to come with their ships and cargoes to the lands, countries, cities, ports, places and rivers, within the dominions and territories aforesaid, to enter into the same, toresort there, and to remain and reside there, without any limitation of time. Also to hire and possess houses and warehouses for the purposes of their commerce, and generally the merchants and traders on each side, shall enjoy the most complete protection and security for their commerce. ...

ART. XV. It is agreed, that no other or higher duties shall be paid by the ships or merchandize of the one party in the ports of the other, than such as are paid by the like vessels or merchandize of all other nations. Nor shall any other or higher duty be imposed in one country on the importation of any articles the growth, produce or manufacture of the other, than are or shall be payable on the importation of the like articles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed, on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. ...

... it is agreed, that the United States will not impose any new or additional tonnage duties on British vessels. ...

ART. XVII. It is agreed that, in all cases where vessels shall be captured or detained on just suspicion of having on board enemy's property, or of carrying to the enemy any of the articles which arecontraband of war; the said vessel shall be brought to the nearest or most convenient port, and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy shall bemade prize, and the Vessel shall be at liberty to proceed with the remainder without anyimpediment . ...

ART. XIX. And that more abundant care may be taken for the security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by themen of war, orprivateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens shallforbear doing any damage to those of the other party, or committing anyoutrage against them, and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to makesatisfaction and reparation for all damages. ...

ART. XXII. It is expresslystipulated, that neither of the said contracting parties will order or authorize any acts ofreprisal against the other, on complaints of injuries or damages, until the said party shall first have presented to the other a Statement thereof, verified by competent proof and evidence, and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed. ...

What happened next...

Surprising many Americans, the British did begin abandoning their Old Northwest forts. Therefore, the Jay Treaty, along with key U.S. military victories over Native Americans in the Old Northwest, opened up settlement across the Appalachian Mountains north of the Ohio River. The treaty also opened the door for a treaty with Britain's ally, Spain. Spain had agreed to help Britain fight against France in the European war. However, by 1795, Spain was out of money and ready to pull out of its commitment. The Spanish feared that backing out of the alliance would jeopardize their holdings in America; an angry Britain might attack and take over these lands. Spain controlled land west of the Mississippi River, all travel and trade going up and down the river, and the port of New Orleans. Spain also controlled Florida, which at that time included a strip of land running west along the Gulf of Mexico to present-day Louisiana. In addition, Spain claimed a large strip of land west of Georgia called the Yazoo Strip, land that the United States also claimed.

For years Spain had harassed western settlers who needed to transport goods and supplies on the Mississippi River. Spain collected fees on shipments going and coming through New Orleans. Spain also angered the United States by supplying guns and ammunition to Native Americans who were resisting U.S. settlement in the Yazoo Strip.

Spain decided the best way to prevent Britain and the United States from joining together to attack New Orleans was to gain U.S. friendship. The United States sent diplomat Thomas Pinckney (1750–1828) to Spain for negotiations. On October 27, 1795, the Treaty of San Lorenzo, also known as the Pinckney Treaty, was signed. Spain gave up all claims to the Yazoo Strip and agreed to stop supporting Native American resistance against U.S. settlements. Even more important, the treaty granted Americans free use of the Mississippi River, eliminating fees at New Orleans. With the Jay Treaty and the Treaty of San Lorenzo in place, American settlement of the western lands accelerated rapidly.

Although shipping was risky for the United States in the mid- to late 1790s, trade continued to grow. The Jay Treaty opened up trade with Britain, and the Pinckney Treaty opened the Mississippi River for easy transportation of U.S. goods grown and produced west of the Appalachian Mountains. These goods were then shipped around Florida to the U.S. Atlantic coast and to foreign countries. While Britain and France continued their war, they ignored many of their worldwide trading partners. The United States filled the void. American ships replaced British and French ships in trade with the West Indies and European markets, and the U.S. economy grew rapidly. The bustling ports of New England, New York, and Philadelphia exported U.S. goods and goods that were brought up from the West Indies, shipping them to many foreign destinations. Meanwhile, Britain and France continued to seize U.S. ships, since the Jay Treaty only applied to trade between Britain and the United States. So Britain's navy could still seize U.S. ships bound for France and other countries, and France could still seize U.S. ships bound for Britain. Although hundreds more were seized, thousands of U.S. ships got safely through to their destinations.

The rise of U.S. trade increased the growth of American industries. Shipbuilding companies, warehouses, ports, banks, insurance companies covering cargo losses, manufacturers, and farmers whose products were exported all had rising profits. Profits were often invested in new U.S. manufacturing ventures and land expansion.

Within a few years, Americans' dismay over the Jay Treaty had somewhat subsided. The Federalists, in the form of Vice President John Adams (1735–1826), would win the presidential election of 1796, but their popularity was decreasing. The number of Democratic-Republicans continued to grow, and in 1800 Thomas Jefferson (1743–1826), the leader of the Democratic-Republicans, won the presidency by defeating the incumbent Federalist president Adams.

Did you know...

Although President Washington had hoped to keep the controversial terms of the Jay Treaty secret and avoid intense public debate, he was unsuccessful. Benjamin Franklin Bache (1769–1798), grandson of Benjamin Franklin (1706–1790) and editor of the Democratic-Republican newspaper Aurora, obtained a copy of the treaty and published a summary on June 29, 1795, for all to read.
Federalist Alexander Hamilton, who served as the U.S. secretary of the treasury in the Washington administration, was a strong supporter of the Jay Treaty. When news came that the treaty had been signed, Hamilton believed he had achieved his goals of strengthening relations with Britain and setting the United States on a course of economic and financial prosperity. Hamilton retired from public service in late January 1795, before the treaty was ratified. He remained the leader of the Federalist Party.
Most likely the reason Britain willingly gave up its forts in the Old Northwest in the mid-1790s, after refusing to do so in the mid-1780s, was a decline in the fur trade. By the 1790s, the area south of the Great Lakes was rapidly becoming "trapped out." So many animals had been trapped and skinned that the animal population and hence the number of furs available were rapidly decreasing.

Consider the following...

Conduct a debate over the Jay Treaty, with members of the class taking sides with either the Federalists or the Democratic-Republicans.
What policy did the British carry out against Americans on the high seas, and how did U.S. citizens feel about it?
In 1793, President George Washington declared a policy of neutrality, saying that the United States would not take sides with the British or the French in their European war. Consider why Washington later wanted the Jay Treaty approved. List the possible reasons. Do you think Washington's behavior indicated he was flexible and trying to promote the common good or simply weak and giving in to heavy Federalist pressure?

His Britannic Majesty: The king of England.

Garrisons: Troops stationed at forts.

Treaty of peace: The 1783 Treaty of Paris, which ended the American Revolution and granted the United States independence from Britain.

At their discretion: Whenever they desire.

Precincts or jurisdiction: Areas of legal authority.

Unmolested: Undisturbed.

Pass and repass: Travel back and forth.

Inland navigation: On lakes and rivers.

The two parties: Britain and the United States.

Ample: Open.

Intersected: Crossed.

Lake of the Woods: A lake located in southeastern Manitoba, southwestern Ontario, and northern Minnesota.