the Continental Congress were authorized to sign the Declaration of
Independence. In 1777 he was chairman of the committee of the convention
which drafted the first New York state constitution. After acting for
some time as one of the council of safety (which administered the state
government until the new constitution came into effect), he was made
chief justice of New York state, in September 1777. A clause in the
state constitution prohibited any justice of the Supreme Court from
holding any other post save that of delegate to Congress on a "special
occasion," but in November 1778 the legislature pronounced the
secession of what is now the state of Vermont from the jurisdiction of
New Hampshire and New York to be such an occasion, and sent Jay to
Congress charged with the duty of securing a settlement of the
territorial claims of his state. He took his seat in congress on the 7th
of December, and on the 10th was chosen president in succession to Henry
Laurens.
On the 27th of September 1779 Jay was appointed minister plenipotentiary
to negotiate a treaty between Spain and the United States. He was
instructed to endeavour to bring Spain into the treaty already existing
between France and the United States by a guarantee that Spain should
have the Floridas in case of a successful issue of the war against Great
Britain, reserving, however, to the United States the free navigation of
the Mississippi. He was also to solicit a subsidy in consideration of
the guarantee, and a loan of five million dollars. His task was one of
extreme difficulty. Although Spain had joined France in the war against
Great Britain, she feared to imperil her own colonial interests by
directly encouraging and aiding the former British colonies in their
revolt against their mother country, and she had refused to recognize
the United States as an independent power. Jay landed at Cadiz on the
22nd of January 1780, but was told that he could not be received in a
formally diplomatic character. In May the king's minister, Count de
Florida Bianca, intimated to him that the one obstacle to a treaty was
the question of the free navigation of the Mississippi, and for months
following this interview the policy of the court was clearly one of
delay. In February 1781 Congress instructed Jay that he might make
concessions regarding the navigation of the Mississippi, if necessary;
but further delays were interposed, the news of the surrender of
Yorktown arrived, and Jay decided that any sacrifice to obtain a treaty
was no longer advisable. His efforts to procure a loan were not much
more successful, and he was seriously embarrassed by the action of
Congress in drawing bills upon him for large sums. Although by
importuning the Spanish minister, and by pledging his personal
responsibility, Jay was able to meet some of the bills, he was at last
forced to protest others; and the credit of the United States was saved
only by a timely subsidy from France.
Public-domain text, read in full here on John Shaqi.
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