Washington and his colleagues; a chronicle of the rise and fall of federalismFord, Henry Jones
History
Washington and his colleagues; a chronicle of the rise and fall of federalism
Ford, Henry Jones
Federal Party (U.S.); United States -- History -- Constitutional period, 1789-1809; Washington, George, 1732-1799
Jay displayed marked adroitness as a negotiator in dealing with the issues
growing out of past differences, but he made an extraordinary slip in
providing for commercial relations between the two countries. In their
general tenor the articles displayed broad liberality. Between all British
dominions in Europe and the territories of the United States there was to
be "a reciprocal and perfect liberty of commerce and navigation." American
vessels were to "be admitted and hospitably received" in the ports of East
India, and, although participation in the coasting trade was prohibited,
it was provided that this restriction should not prevent ships going from
one port of discharge to another. The East Indian trade was not, however,
so important as the nearer West Indian trade, and with respect to the
latter the treaty provisions were narrow and exacting. American vessels
were limited to seventy tons burden, and it was provided that "the United
States will prohibit and restrain the carrying away of molasses, sugar,
coffee, or cotton in American vessels, either for his Majesty's Islands or
the United States, to any part of the world except the United States,
reasonable sea-stores excepted." Jay, in a letter to Washington, excused
his acceptance of this restraint on the ground that "the commercial part
of the treaty may be terminated at the expiration of two years after the
war, and in the meantime a state of things more auspicious to negotiation
will probably arise, especially if the next session of Congress should not
interpose fresh obstacles."
The treaty was silent on the subject of impressment, but Jay's failure on
that point was just what was to have been expected in view of the
unwillingness of the United States to defend its commerce. Impressment was
not abandoned until many years afterwards, and then not through treaty
stipulation but because the United States had a navy and could resist
aggression on the seas. In its treatment of the subject of contraband, the
treaty took positions in accord with the international law then received,
but in one respect it made a distinct advance. Provision was made that war
between the two countries should never become the pretext for confiscation
of debts or annulment of contracts. This position involves the noble
principle that war should never supersede justice but should be the
servant of justice. Great practical advantage was experienced from it in
the War of 1812, when the United States was a creditor nation.
Public-domain text, read in full here on John Shaqi.
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