From John Jay to George Washington, 4 September 1795
To George Washington (private)
New York 4 Sep. 1795
Dear Sir
Since mine to You of Yesterday1 I have occasionally turned my thoughts to the subject of it—
I presume that the Treaty is ratified agreable to the advice of the Senate— and that if G. Britain consents to the Suspension of the 12 art: (which I believe will be the Case) the Treaty will thereupon be ratified on her part and become final. Of Consequence that the modification contemplated of the 12 art: together with every other additional Engagement which it may be judged useful to negociate, will be a posterior Work; and the new articles as they shall be agreed upon will from time to time be added to the Treaty.
under this View of the Business I find that my Letter requires Explanation—
I take it that the Treaty will first be ratified by Great Britain, and put out of question, before any new propositions be offered or even mentioned; so that no new matter may be introduced that could afford occasion for, or invite Hesitation or Delay.
That being dispatched, the Question which presents itself is what new Propositions will it be adviseable to bring forward into negociation? on this point I see no Reason to change the Sentiments expressed in my Letter.
on reading the Lord Chancellors article (a Copy of which was transmitted with my Letter to Mr Randolph of the 19 Novr. last)2 you will find that a part of it, which respects the mutual admission of Evidence &c., is of considerable Importance, and is calculated, in the Language of the last article “to facilitate Intercourse & obviate Difficulties”3 would it not be well to submit this article to the Consideration of the Attorney General and some of the Judges before any Instructions on the Subject matter of it, be given to our negociator.
while I was in London I heard Lord St. Helens4, who had been at Madrid in a public Character speaks most handsomely of Mr. Short. I am enduced to mention this in order to counteract the Effect of some uncivil things that have been written respecting that Gentleman from Madrid. with perfect Respect Esteem and Attachmt I am Dear Sir your obliged & affect. Servt.
John Jay
The President of the U.S.
ALS, DLC: Washington (EJ: 10653). Marked: “private”. LbkC, NNC: JJ Lbk. 10. (EJ: 12869); , 18: 634–35.
1. JJ to GW, 3 Sept. 1795, above.
2. Article Proposed by the Lord Chancellor (Loughborough), [c. 9 Oct. 1794], above. See also JJ to ER, 19 Nov. 1794, above; and JJ to Loughborough, 9 Oct. 1794, above.
3. Quote taken from Art. 28.
4. Alleyne Fitzherbert, Baron St. Helens, diplomat who served as ambassador to Spain from 1790 to 1794, then to The Hague, from where he was forced to flee the approaching French in January 1795. ODNBO. For more on the discussions on revising the Treaty, see the editorial note “Aftermath of the Jay Treaty: Responses, Ratification, and Implementation,” above.