JAY'S TREATY

JAY'S TREATY (1794). Both the United States and Great Britain failed to live up to the terms of the 1783 peace treaty that ended the Revolutionary War. American violations reflected the weakness of its central government; state governments passed laws blocking the repayment of prewar debts to British creditors and Americans continued to discriminate against American loyalists. British violations resulted from a more deliberate policy—failing to evacuate Northwest forts and posts, especially to please its Indian allies and to assuage its fur traders.

Mounting American dissatisfaction came up against the Federalist-Republican split in government. To such Federalists as Secretary of the Treasury Alexander Hamilton, friendship with Britain was too important to risk over these issues; Hamilton needed trade with Britain, America's key trading partner, to finance his plans. To Republicans, such as Secretary of State Thomas Jefferson, who were committed to France, the only recourse was a firm insistence on Britain's honoring of its treaty obligations.

Britain had issues as well. By this point a war had begun between France and Britain, and it would not end for nearly two decades. As the world's premier naval power, Britain rejected America's view that it should, as a neutral state, be able to trade freely with all interested parties. Britain seized hundreds of American neutral ships, and Sir Guy Carleton, Baron Dorchester, the governor-general of Canada, made a bellicose speech to western Indians implying that they would soon be able to recover their lands in the Great Lakes region from the United States.

In this environment, President George Washington sent Chief Justice John Jay, a staunch Federalist and a strong Anglophile, to London as minister plenipotentiary and envoy extraordinaire on a special mission. As the historian Samuel Flagg Bemis has noted, Jay could have made more of the American cause. He acquiesced in British maritime measures for the duration of the war with France in return for the creation of a mixed commission to adjudicate American spoliation claims for damages made "under color" of British Orders in Council. On 19 November 1794, Jay and the British foreign minister Lord Grenville signed a Treaty of Amity, Commerce, and Navigation. Britain agreed to evacuate frontier posts by 1 June 1796 (which it mostly did); the United States guaranteed payment of British private prewar debts. Another term of the treaty stated that mixed boundary commissions were to establish the boundaries in the northwest and northeast. The boundary commission for the northwest never met, and the commission for the northeast set the boundary at the Saint Croix River. Jay did not obtain any satisfaction on issues of impressment, neutral (shipping) rights, ending so-called paper or unenforced blockades, and no indemnification for slaves that departing British soldiers took from the United States in 1783.

Washington got the treaty through the Senate and the House only with great difficulty and at some cost. The temporary acquiescence in British maritime measures was the price the Federalists paid for redemption of American territorial integrity in the Northwest, and peace with Britain. Britain wanted a treaty to keep its best foreign customer and to keep the United States neutral during the continuing conflict with France. There certainly were protests in the United States, and Jay was burned in effigy while Secretary of the Treasury Alexander Hamilton was stoned while publicly defending the treaty. France regarded the treaty as a violation of its commercial treaty with the United States and, as Alexander DeConde has written, engaged in a kind of undeclared naval war with America between 1798 and 1800.

JAY'S TREATY

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