John Jay’s Objections to Grenville’s Draft Treaty Proposals of 30 August, [6 September 1794]
John Jay’s Objections to Grenville’s
Draft Treaty Proposals of 30 August
[London, 6 September 1794]
1. In what capacity are they to remain? As British Subjects or American Citizens? If the First, a Time to make this Election should be assigned.
2. If His Majesty’s Subjects are to pass into the American Territories for the purposes of Indian Trade—ought not American Citizens to be permitted to pass into His Majesty’s Territories for the like purpose?
3. If the American Indians are to have the privilege of trading with Canada—ought not the Canada Indians to be privileged to trade with the United States?
4. If Goods for Indian Trade shall be introduced Duty Free by British Traders—how is the Introduction of other Goods with them to be prevented?— And, for this Privilege operating a loss to the American Revenue, what Reciprocal Benefit is to be allowed?1
5. Why should the Commissioners for ascertaining the River St. Croix meet and decide in London? Is it not probable that actual Views and Surveys, and the Testimony and Examination of Witnesses on the spot, will be necessary?2
6. Why confine the Mutual Navigation of the Mississipi to where the same bounds the Territory of the United States?
7. Why should perpetual commercial privileges be granted to Great Britain on the Mississipi when She declines granting perpetual Commercial Privileges to the United States any where?3
III Art:
8. This Preamble, connected with the Silence of the Treaty as to the Negroes carried away, implies that the United States have been Aggressors—4 It also unnecessarily impeaches these5 Judicial Proceedings.
9. On no principle ought more to be asked than that the United States indemnify Creditors for Losses and Damages caused by the Impediments mentioned.
10. The Word had is not sufficiently definite— the Object being not only Sentence, Decree or Judgment, but Payment and Satisfaction.6
11. Sterling Money fluctuates according to Exchange. This should be fixed.7
12. Why not place these Captures on the footing with the others, and charge the United States only in Cases where Justice and compleat Compensation cannot be had from Judicial Proceedings?
13. Why provide only for Neutral Commerce with European Enemies?— What difference does the complexion or Colour of Enemies make in neutral Right?
The whole of this Article is so indefinite as to be useless.8
14. What are or shall be deemed Contraband in the sense of this Article?9
15. As the United States have permitted the French to sell Prizes in the United States, the restriction not to do it in future should commence at the Expiration of the present War.10
16. There should be an Article against the Impressment of each other’s people.11
17. This united Force should be confined to the moment of aggression.12
18. The Confiscation of Debts &ca.— This Article should be in the Treaty of Commerce—not in this.13
Conduct in case of Indian wars.
AD, UK-KeNA: FO 95/512 (EJ: 05001). C, labeled “Communications from Mr. Jay Septr 6th 1794”, unknown repository, formerly PRO (EJ: 03995); Dft and Tr, PC, Kenneth W. Rendell, Inc., and SR, incomplete, Rendell Catalog 54 1970/71 (EJ: 12972); C, enclosed in JJ to ER, 13 Sept. 1794, DNA: Jay Despatches, 1794–95 (EJ: 04312); C, NHi: King (EJ: 04444); LbkC, NNC: JJ Lbk. 8; ASP: FR, 1: 492; , 4: 97–99.
1. On the above items, see Art. 1 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above. For his response to the first item, see Grenville to JJ, Responses to Queries, 7 Sept. 1794, below.
2. See Art. 2 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
3. See Art. 2, item 2, of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
4. For Grenville’s reasons for excluding from his draft of a general treaty the issue of enslaved persons carried away, see JJ to ER, 13 Sept. 1794, below.
5. This reads as “their” in other versions.
6. Art. 3 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above, contains the following: “in all Cases where such relief cannot, for whatever reason, be now had by British Creditors in the ordinary Course of justice, the United States of America will make full and Complete satisfaction to the said Creditors;” Art. 6 of JJ’s Project for a Treaty with Great Britain, 30 Sept. 1794, below, reads: “be actually obtained, had and received by the said creditors in the ordinary course of justice. …”
7. JJ’s comments on this issue relate to Art. 3 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
8. See Art. 5 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
9. See Art. 6 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
10. See Art. 7 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
11. See Art. 8 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above. For his attempt to include impressment in the treaty, see Art. 22 of JJ’s Project for a Treaty with Great Britain, 30 Sept. 1794, below.
12. See Art. 9 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above.
13. See Art. 10 of Grenville’s draft of a general treaty in his Draft Treaties of 30 Aug. 1794, above; and, for his responses to all of JJ’s objections, see Grenville to JJ, Responses to Queries, 7 Sept. 1794, below.