In 1795, George Washington signed the Jay Treaty with Great Britain despite it being enormously unpopular with the people, Congress and especially the Republicans. 12 years later, Ministers James Monroe and William Pinkney negotiated an extension to the treaty with the British Government on behalf of Thomas Jefferson. The goal of the Americans was to force the British to abandon the practice of impressing sailors from American ships and to respect the neutral trading rights of American vessels during the ongoing Napoleonic wars. But, the British were short-handed in the Royal Navy and believed that many British deserters were serving on American ships. Great Britain was struggling to survive in a war against Napoleon, and refused to make an concessions on the issue of impressment.
After months of negotiations, the treaty was finalized and the diplomats signed the treaty on December 31, 1806. The treaty defined neutral and belligerent rights and established terms of trade between the two countries, but did not include any article dealing with the impressment of United States Citizens. This was very bothersome to President Jefferson, and when the treaty was finally received in March of 1807, Jefferson refused to submit it to the Senate for ratification. In a letter to James Monroe, Jefferson reminded Monroe of earlier conversations they had that if the ministers "sign a treaty not providing satisfactorily against the impressment of our seamen", then it could not be ratified. Jefferson then gave additional instructions to Monroe: "that you should resume negociations for inserting an article to that effect, that we should hold the treaty in suspense until we could learn from you, the result of our instructions which probably would not be till summer, & then decide on the question of calling the Senate."
Now in October of 1807, Jefferson called the Senate and the House of Representatives together "at an earlier period then usual". In part, because Jefferson had to explain to Congress why he did not submit the Treaty to them for ratification. First, Jefferson explained that his instructions given to the ministers were "framed in the sincerest spirit of amity and moderation" to bring the two countries to a mutual understanding of our neutral and national rights of commerce on the seas. Yet after "long and fruitless" negotiations the ministers signed a treaty in which they had openly declared to the other negotiators that they were acting against the instructions of their own government. They "candidly" declared that their government could not ratify it.
Furthermore, Jefferson explained that some of the articles of the treaty were just compromises, but others were "too highly disadvantageous" and had "no sufficient provision" against the "principal source of the irritations While he did not specifically mention the impressment, it is no doubt that Congress understood what was meant by "principal source of irritations". Thus, even if the ministers had acted with the full faith and confidence of the United States (which they did not), the treaty still could not be ratified. Yet, Jefferson was still anxious to maintain friendly relations with Great Britain, so he instructed our ministers to resume negotiations allowing for some new concessions without budging on the "principal source of irritations".
These new negotiations began just two months before the Chesapeake-Leopard incident which changed everything. American sovereignty was clearly violated by the British when four American sailors were taken off the ship, three were killed and eight seriously injured. Negotiations were off and there would be no extension of the Jay Treaty, but America was not ready to enter the war. Many see this failure at peace, to be a big step towards the war of 1812.
Here is the full excerpt of Jefferson's seventh annual address to Congress on the matter:
"The instructions given to our ministers were framed in the sincerest spirit of amity and moderation. They accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us, which might bring us to a mutual understanding on our neutral and national rights and provide for a commercial intercourse on conditions of some equality. After long and fruitless endeavors to effect the purposes of their mission and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained and to send them for consideration, candidly declaring to the other negotiators at the same time that they were acting against their instructions, and that their Government, therefore, could not be pledged for ratification.http://www.presidency.ucsb.edu/ws/index.php?pid=29449
Some of the articles proposed might have been admitted on a principle of compromise, but others were too highly disadvantageous, and no sufficient provision was made against the principal source of the irritations and collisions which were constantly endangering the peace of the two nations. The question, therefore, whether a treaty should be accepted in that form could have admitted but of one decision, even had no declarations of the other party impaired our confidence in it. Still anxious not to close the door against friendly adjustment, new modifications were framed and further concessions authorized than could before have been supposed necessary; and our ministers were instructed to resume their negotiations on these grounds.
On this new reference to amicable discussion we were reposing in confidence, when on the 22nd day of June last by a formal order from a British admiral the frigate Chesapeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed and 4 taken away. On this outrage no commentaries are necessary. Its character has been pronounced by the indignant voices of our citizens with an emphasis and unanimity never exceeded. I immediately, by proclamation, interdicted our harbors and waters to all British armed vessels, forbade intercourse with them, and uncertain how far hostilities were intended, and the town of Norfolk, indeed, being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced and pursued as the prospect rendered proper. An armed vessel of the United States was dispatched with instructions to our ministers at London to call on that Government for the satisfaction and security required by the outrage. A very short interval ought now to bring the answer, which shall be communicated to you as soon as received; then also, or as soon after as the public interests shall be found to admit, the unratified treaty and proceedings relative to it shall be made known to you."
https://www.monticello.org/site/research-and-collections/embargo-1807
http://rotunda.upress.virginia.edu/founders/default.xqy?keys=FOEA-print-04-01-02-5326
https://en.wikipedia.org/wiki/Monroe%E2%80%93Pinkney_Treaty
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