On Nov. 19, 1794, American diplomat and Supreme Court Chief Justice John Jay singed the Treaty of Amity, Commerce and Navigation Between His Britannic Majesty and the United States of America, also known as the Jay Treaty. The treaty resolved many long-standing issues between the two powers that stemmed from the American Revolution, and at home proved one of America's most controversial international agreements.
By the early 1790s the prospect of war between the United States and Great Britain was very real. Britain had recognized American independence in the 1783 Treaty of Paris. The treaty had also stated that British troops would vacate several forts in the American interior, near the Great Lakes. Ten years later Britain still occupied the forts, which now stood on American soil. In response, America had refused to pay British creditors for debts incurred before the revolution, mostly owed by Virginia's aristocratic land owners.
On one hand the American inability to force the British to vacate the forts galled American sensibilities, and reminded the young nation of its relative military weakness. British efforts to stir up Native American tribes in the region against the USA proved a more practical problem. Tensions mounted when the French Revolution led to war between Britain and France. The bulk of American sentiment lay with the French, who had been allies during the American Revolution and who now were, apparently, fighting for their own brand of republicanism.
President George Washington did not believe that a war with Britain was in America's best interests. Indeed, he knew only too well of the young nation's military and economic weaknesses. A renewed war with Britain could very well see the United States returned to colonial status. America would not be ready for war, Washington believed, for at least another 20 years.
While Washington was not alone is his desire for peace, two great political factions had begun to form around him with their own ideas about how to preserve it. Federalist Alexander Hamilton, Washington's first Secretary of the Treasury, admired British military power, British industry and the emerging British capitalist system. Hamilton favored some kind of accommodation with Great Britain, which would increase trade between the two nations and allow the USA to emulate British economic success.
By contrast Thomas Jefferson, a Democratic-Republican and Washington's Secretary of State until 1793, favored closer relations with France. Together with his friend and colleague — and father of the Constitution, James Madison — Jefferson believed that the French Revolution was a continuation of America's struggle for independence, and that it should be supported against Great Britain. As Virginia planters, Jefferson and Madison believed America's future lay in agriculture, not modern capitalism and industry.
In his book “His Excellency: George Washington,” historian Joseph J. Ellis wrote: “In April 1794, Washington dispatched Chief Justice John Jay to London to negotiate a realistic bargain that would remove the British troops and redefine commercial relations with Britain in terms that avoided war. This last item was most crucial in Washington's mind. … The selection of Jay also created a furor within the Virginia camp, because he was known to favor payment of the long-standing debts to British creditors that Virginians preferred to finesse. Madison denounced Jay's selection as a diabolical choice.”
In addition to the weight of his present office, Jay boasted impressive experience to add to his credibility while negotiating in England. Under the Articles of Confederation, the American government that preceded the Constitution, Jay had served as the Secretary of Foreign Affairs. During the Revolution he had led a diplomatic mission to Spain. Along with Hamilton and Madison, Jay was also one of the three principal authors of the Federalist Papers. Though most Americans detested the idea of negotiating with the British, Jay adhered to his instructions from Washington, which had been colored by Hamilton: improve relations with Britain.
The treaty was concluded and signed in London on Nov. 19, 1794, though it had yet to achieve force in America. The Senate still had to ratify the treaty in what was sure to be an uphill battle for Washington and Hamilton.
In his book, “The Great Upheaval: America and the Birth of the Modern World, 1788-1800,” historian Jay Winik wrote: “On March 7, 1795, the finished treaty reached Philadelphia (then the American capitol). By now, the results were almost predictable; the British gave little and received much. Even many Federalists were unhappy. Jay did manage to secure the removal of British troops from the frontier — this was a plus — and committed the British to arbitrate American claims of compensation for cargoes confiscated on the seas, but only with onerous restrictions. Beyond that, the treaty was seemingly a near disaster, at least on the surface.”
The treaty did indeed draw America closer to Britain, something that most Americans did not want to see happen. Additionally, British trade would benefit from increased access to American ports, though no reciprocal arrangement was concluded. The USA recognized British naval superiority and allowed Britain virtual freedom in American territorial waters, and the problem of British impressment (kidnapping) of American sailors was not addressed. Many American slave owners were likewise upset, as the treaty did not force Britain to compensate them for slaves liberated by Britain during the Revolution.
Knowing that the terms of the treaty would upset most Americans, Washington kept the document secret until congress could be assembled in June, though it was eventually leaked. Suspicion and anger toward Washington, once unthinkable, began to spread. After much debate over individual clauses, the Senate voted to ratify the treaty by the narrowest of margins: 20 to 10. The two-thirds requirement for ratification was barely met.
Jefferson and Madison loudly opposed the treaty, calling it a betrayal of France, America's true ally. The Democratic-Republicans ranted that the treaty had simply returned the United States to colonial status without a war. Federalists loyal to Hamilton countered that the treaty, in time, would give Americans greater access to British markets, stimulating the economy.
Washington was berated for his part in the treaty. As Winik notes, one newspaper editor from Washington's native Virginia offered a toast for the “speedy death to General Washington.” Historian Ron Chernow quotes John Adams in his biography “Alexander Hamilton,” when he describes the popular discontent seen around Washington's Philadelphia home: The residence was “surrounded by an innumerable multitude from day to day, buzzing, demanding war against England, cursing Washington, and crying success to the French patriots and virtuous republicans.”
Jay himself became the focus of American anger toward the treaty, however. Chernow notes that a building near Jay's home in New York was vandalized, and written upon it were harsh words against Jay and his allies. Chernow wrote: “On the Fourth of July, Jay was burned in effigy in so many cities that he said he could have walked the length of America by the glow from his own flaming figure.”
Despite the hostility and anger over the treaty, the instrument did indeed cool tensions between Great Britain and the United States, and the prospect of war retreated. Just as Washington believed, conflict between the two states did indeed come 20 years later during the War of 1812. By that time the United States was in a far better position to defend itself.
In his book “Founding Brothers: The Revolutionary Generation,” Ellis noted the ultimate virtues of the treaty: “It linked American security and economic development to the British fleet, which provided a protective shield of incalculable value throughout the 19th century.”
Cody K. Carlson holds a master's degree in history from the University of Utah and currently teaches at SLCC. Cody has also appeared on many local stages including Hale Center Theater and Off Broadway Theater. Email: ckcarlson76@gmail.com