George Washington / John Jay

John Jay

In 1794, Chief Justice of the Supreme Court John Jay was sent to England. Key provisions of the Jay Ttreaty included:

1.      The withdrawal of British soldiers from posts in the American West

2.      A commission to be established to settle outstanding border issues between the U.S. and Canada

3.      A commission to be established to resolve American losses in British ship seizures and Loyalist losses during the War of Independence.

George Washington: Please remember you are dealing with an adversary that still has considerable power over us. The negotiation will depend on how well you perform. You must show a serious but determined countenance. If  humor is introduced, you should not smile much less laugh. A look of boredom would be best.

John Jay: I am to be polite of course.

George Washington

Washington: Just barely. The British know and we have accepted that we would not have won the war without the French. For this reason they have continued taking our ships and sailors with impunity. It may take another war to set this straight but our coffers are empty and we have little bargaining strength.

Jay: Is this not a reason to be friendly and affable?

Washington: Not in the least. They will take you for a fool.  Give them a firm shake of the hand and make them think, through your attitude that French warships are closing in on their navy. Lord only knows if we had those war ships we would not be proposing a treaty.

Jay: I understand, Sir.

Washington: As British colonies, we were never treated with anything but disdain. Now that they have lost the colonies, they look for opportunities to hurt us in any way they can. This treaty as it is written is firm but not demanding. We will probably get the British to sign it. My concern is that the American people will have many objections. Already it has become a partisan issue with Hamilton in favor and with Jefferson against. If I were sitting on the Throne of England and was presented with this proposal, I would think: The Americans are asking us not to be angry with them.

Jay: Relations have worsened in recent years. At least this may be an attempt to have them think in terms of the future relations rather than those of the past.

Washington: Mark my words. You will return home from England with a signed treaty; however, the seizure of American ships of cargoes, the impressment of American seamen, and British occupation of the western posts with our borders will continue.

Missing from the treaty was a provision for the British to refrain from the arrest of American ships    and impressment of American seamen.

Jay's Treaty was signed on November 19, 1794. Although Washington’s Cabinet was divided on the usefulness of the treaty, the American people were not informed of its contents until much later. The uproar was universal. Jay resigned from the Supreme Court. Most historians regard the Jay Treaty as being seriously flawed.