The British were unwilling to relinquish their right of impressment, as a means of manning their fleets at that important crisis; and they regarded the claim of the Americans to an equal participation in the West India trade as unreasonable, because it would require England to renounce the long-settled principles of her commercial system. The most important questions to be settled, and those which involved matters most dangerous to the peace between the two countries, were those of neutral rights and the occupancy of the western posts. Such in brief were the chief points in the controversy to be settled by treaty.
“By a deportment respectful yet firm,” says Marshall, “mingling a decent deference for the government to which he was deputed, with a proper regard for the dignity of his own, this minister avoided those little asperities which frequently embarrass measures of great concern, and smoothed the way to the adoption of those which were suggested by the real interests of both nations.”[75]
Mr. Jay found Lord Grenville commissioned by the king to treat with him, and the sincerity and candor of each soon led to the highest degree of mutual confidence. “Instead of adopting the usual wary but tedious mode of reducing every proposition to writing,” says Mr. Jay's biographer,[76] “they conducted the negotiation chiefly by conferences, in which the parties frankly stated their several views, and suggested the way in which the objections to these views might be obviated. It was understood that neither party was to be committed by what passed in these conversations, but that the propositions made in them might be recalled or modified at pleasure. In this manner the two ministers speedily discovered on what points they could agree, where their views were irreconcilable, and on what principles a compromise might be effected.”
While at Fort Cumberland, in October, Washington received a most gratifying letter from Mr. Jay, accompanied by despatches from Mr. Randolph, the secretary of state. They came by the Packet William Penn. Mr. Jay's letter was dated the fifth of August. Concerning the business of his mission he wrote as follows:—
“I am this moment returned from a long conference with Lord Grenville. Our prospects become more and more promising as we advance in the business. The compensation cases (as described in the answer) and the amount of damages will, I have reason to hope, be referred to the decision of commissioners, mutually to be appointed by the two governments, and the money paid without delay on their certificates, and the business closed as speedily as may be possible. The question of admitting our vessels into the islands under certain limitations is under consideration, and will soon be decided. A treaty of commerce is on the carpet. All things being agreed, the posts will be included. They contend that the article about the negroes does not extend to those who came in on their proclamations, to whom (being vested with the property in them by the right of war) they gave freedom, but only to those who were, bona fide, the property of Americans when the war ceased. They will, I think, insist that British debts, so far as injured by lawful impediments, should be repaired by the United States by decision of mutual commissioners. These things have passed in conversation, but no commitments on either side, and not to have any official weight or use whatever.
“The king observed to me, the other day, 'Well, sir, I imagine you begin to see that your mission will probably be successful.'—'I am happy, may it please your majesty, to find that you entertain that idea.'—'Well, but don't you perceive that it is like to be so?'—'There are some recent circumstances (the answer to my representation, etc.) which induce me to flatter myself that it will be so.' He nodded with a smile, signifying that it was to those circumstances that he alluded. The conversation then turned to indifferent topics. This was at the drawing-room.
“I have never been more unceasingly employed than I have been for some time past and still am; I hope for good, but God only knows. The William Penn sails in the morning. I write these few lines in haste, to let you see that the business is going on as fast as can reasonably be expected, and that it is very important that peace and quiet should be preserved for the present. On hearing last night that one of our Indiamen had been carried into Halifax, I mentioned it to Lord Grenville. He will write immediately by the packet on the subject. Indeed, I believe they are endeavoring to restore a proper conduct toward us everywhere; but it will take some time before the effects will be visible. I write all this to you in confidence, and for your own private satisfaction. I have not time to explain my reasons, but they are cogent. I could fill some sheets with interesting communications if I had leisure, but other matters press, and must not be postponed; for 'there is a tide in the affairs of men,' of which every moment is precious. Whatever may be the issue, nothing in my power to insure success shall be neglected or delayed.”[77]
To Mr. Randolph he wrote: “I shall persevere in my endeavors to acquire the confidence and esteem of this government—not by improper compliances, but by that sincerity, candor, truth, and prudence, which, in my opinion, will always prove to be more wise and more effectual than finesse and chicane. Formal discussions of disputed points should, in my judgment, be postponed until the case becomes desperate; my present object is to accommodate, rather than to convert or convince. Men who sign their names to arguments seldom retract. If, however, my present plan should fail, I shall then prepare and present such formal, and at the same time such temperate and firm, representations as may be necessary to place the claims and conduct of the two governments in their proper point of view.”
A treaty was finally signed at London, on the nineteenth of November, 1794, by Mr. Jay and Lord Grenville, and submitted to their respective governments for ratification. It was defective in some parts and objectionable in others; but, as it was the best that could be obtained, Mr. Jay was induced to sign it.
In a private letter to Washington, written on the same day that he signed the treaty, Mr. Jay said, “To do more was impossible. I ought not to conceal from you,” he added, “that the confidence reposed in your personal character was visible and useful throughout the negotiation.” To the secretary of state he wrote:—