Signing the Jay Treaty
On August 18, 1795 President George Washington signed the Jay Treaty with Great Britain, officially known as the “Treaty of Amity Commerce and Navigation, between His Britannic Majesty; and The United States of America”. This treaty attempted to smooth over tensions between England and the United States resulting from the Revolutionary war. Washington declared the proclamation of Neutrality in 1794, but Britain violated this when the Royal Navy seized ships in the West Indies during the great war with France. The treaty was named Supreme Court Chief Justice John Jay and was signed by King George III nine months earlier in November. During these nine months there was fierce opposition to the treaty in congress. James Madison and Thomas Jefferson led this opposition. They both argued that Jay's negotiations would lead to weaker trade rights for America and committed the U.S. to paying pre-revolutionary debts to English merchants. Ultimately, George Washington and the supporters convinced them that preventing another war with Britain made the signing of the treaty a priority.Hanging John Jay in Effigy
The treaty was enormously unpopular, particularly with the Republicans. It was so unpopular that angry mobs across America took to the hanging of likenesses of John Jay in effigy. (Click here to see a drawing) Many congressmen and American people believed that George Washington was selling out to the British. But Washington stood firm and won support from both his cabinet and the Senate. He allowed for only one exception, that the trade restrictions with the West Indies be re-negotiated. Washington had sent the treaty back to Britain and was awaiting His Britannic Majesty's response. In his seventh state of the union address, President Washington promised to place it before Congress for appropriation as soon as it is received."Though not before officially disclosed to the House of Representatives, you, gentlemen, are all apprised that a treaty of amity, commerce, and navigation has been negotiated with Great Britain, and that the Senate have advised and consented to its ratification upon a condition which excepts part of one article. Agreeably thereto, and to the best judgment I was able to form of the public interest after full and mature deliberation, I have added my sanction. The result on the part of His Britannic Majesty is unknown. When received, the subject will without delay be placed before Congress."
"dangerous precedent"
The Congress was still not happy with the treaty, having failed to persuade the President to reject the treaty, opponents in the house argued that although the constitution gave responsibility for treaties to the President and Senate, they had the discretionary power to carry the treaty into effect or refuse it's sanction. In the case of the Jay treaty, the President and the senate ratified the treaty and obligated the congress to make appropriations for it. This in effect, gave the President and the Senate the power to legislate without the sanction of the people's representative. In March of 1796, Congress called on Washington to provide them with the instructions given to Jay and other documents relative to the treaty. Washington consulted with his cabinet ad Alexander Hamilton before categorically denying that the House had any veto power over a treaty approved by both the Senate and the president. The president called it a "dangerous precedent" that violated the proper separation of powers. He refused to comply. Finally the House approved the funding in April of 1796."prudence and moderation"
The American people were in an uproar, members of the House and Congress were against him, yet President Washington understood that this was not a time to act reckless. Washington had to choose a courageous act, not a reckless or cowardly one. This is the essence of Prudence and is the reason why prudence is called a cardinal virtue. Washing understood that it was prudence and moderation that would bring tranquility and peace allowing our country to prosper. It was Washington's belief that with "prudence and moderation" on every side, we may be achieve the "extinguishment of all the causes of external discord"."This interesting summary of our affairs with regard to the foreign powers between whom and the United States controversies have subsisted, and with regard also to those of our Indian neighbors with whom we have been in a state of enmity or misunderstanding, opens a wide field for consoling and gratifying reflections. If by prudence and moderation on every side the extinguishment of all the causes of external discord which have heretofore menaced our tranquillity, on terms compatible with our national rights and honor, shall be the happy result, how firm and how precious a foundation will have been laid for accelerating, maturing, and establishing the prosperity of our country."
Article VII of the Jay Treaty
Article VII of the Jay Treaty, provided that the British government would pay for losses and damages due to "irregular or illegal Captures or Condemnations of their vessels and other property under Colour of authority or Commissions from His Majesty". In 1797, then President John Adams had the pleasure of announcing that the British government had considered several cases and was now preparing to make first payments."Several decisions on the claims of citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property have been made by the commissioners in London conformably to the 7th article of the treaty. The sums awarded by the commissioners have been paid by the British Government. A considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid."http://www.presidency.ucsb.edu/ws/index.php?pid=29439
http://www.history.com/this-day-in-history/george-washington-signs-jay-treaty-with-britain
https://history.state.gov/milestones/1784-1800/jay-treaty
http://gwpapers.virginia.edu/topics/presidency/
http://www.nps.gov/articles/backlash-against-jay-s-treaty.htm
http://avalon.law.yale.edu/18th_century/jay.asp
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