American commissioners in their demand of a previous acknowledg. ment of independence, and that the offer to acknowledge it in the treaty was sufficient.

2d. To discover whether Great Britain would divide the fisheries with France, to the exclusion of other powers.

3. To apprize Lord Shelburne of the determination of Spain to possess the exclusive navigation of the Gulf of Mexico and of the Mississippi, and to suggest the expediency of such a boundary line as would satisfy Spain, and leave to Great Britain the country north of the Ohio.

4. To ascertain whether peace could be concluded on terms agreeable to France, in order that the negotiation might be stopped, if it could not.

Mr. Jay informed Mr. Oswald of M. de Rayneval's journey, and stated the three first probable objects of his mission. In order to counteract the designs of M. de Rayneval, Mr. Jay prevailed upon Mr. Vaughan, who was attached to the American cause, and intimate with Lord Shelburne, to go immediately to London, for the purpose of conferring with the ministry. To this gentleman he stated, at large, the various considerations which should induce Great Britain to acknowledge our independence, to allow us the fisheries, and to refrain from opposing our extension to the Mississippi, or our navigation of that river. Mr. Vaughan

accordingly started for London on the 11th September. These steps were taken without consulting Dr. Franklin, who differed from Mr. Jay in opinion relating to the objects of M. de Rayneval's journey, and who felt himself bound by his instructions in relation to the French minister.* On the 27th September, 1782, the new commission to Mr. Oswald, in conformity with the wishes of the American commissioners, arrived. A draft of preliminary articles was soon made out. The preamble stated them to be the articles agreed on by the American and British commissioners, but added, that the treaty was not to be concluded until Great Britain and France had also agreed on terms of a treaty. The first article acknowledges the thirteen United States to be independent, and describes their boundaries.

The second article provides for the suspension of hostilities, on the conclusion of the proposed treaty.

The third article secures to Great Britain and the United States the privileges, with regard to the fisheries, enjoyed by the subjects of each, before the last war between France and Great Britain.

The fourth article declares, that the navigation of the Mississippi shall for ever be free, from its source to the ocean; and that, in all ports of Great Britain and he United States, the merchant ships of those powers shall enjoy reci procal protection and privileges. These articles were not submitted

to Count de Vergennes. On the 23d October, Mr. Oswald received a letter from the British minister, telling him that the extent of our boundaries, and the situation of the loyalists, caused some objection, and that his secretary was on his way to confer with the commis. sioners. On the following day, in a conference between Dr. Franklin, Mr. Jay, and M. de Rayneval, the latter inquired as to the state of affairs with Mr. Oswald. He was told that difficulties had arisen on the subject of boundaries, and that the British minister's secretary was coming over to confer with them. He asked what boundaries they claimed, and, on being in formed, he denied our right to such an extent to the north. He asked what they had demanded as to the fisheries? They told him, a right to them, in common with Great Britain. He said we should not claim more than a coast fishery. They replied, that our people would not be content with that, and Dr. Franklin explained, in full, their great importance to the eastern states. The negotiation was in this state, when, on the 26th October, 1782, Mr. Adams arrived at Paris; and, on the 30th of November following, the preliminary articles were signed. Mr. Adams and Mr. Jay concurred on every point, as did Dr. Franklin, except as to suspecting the good faith of the French ministers, and they all co-operated with the utmost cordiality. They resolved to consult the Count de Vergennes no longer, and he knew nothing of their having agreed with the British minis. ter, till they showed him the treaty already signed. Since the United States were only bound, by their treaty with France, to continue the

war until their independence should be acknowledged by Great Britain, and since the preliminary articles were only to be valid in case of a peace between Great Britain and France, the latter had nothing to complain of. But the French minister never forgot nor forgave the conduct of Mr. Jay and Mr. Ad. ams. During this negotiation, Mr. Jay had been seriously unwell, and was advised, by his physicians, to go either to Bath or to Spa. He went to Bath, and the use of the water there restored his health.

In May, 1783, Mr. Jay wrote to congress, requesting that he might not be considered a candidate for the situation of minister to Great Britain, and strongly advised the appointment of John Adams.The 3d September, of the same year, the definitive treaty was signed, and Mr. Jay determined to resign his commission as minis. ter to Spain, and to return to his own country. He accordingly left Paris in May, 1784, for Dover, where he embarked on the 1st of June, and, on the 24th July, arrived at New-York. Before his arrival, however, he had been selected, by congress, as the successor Robert R. Livingston, who had been at the head of the department for foreign affairs from its first establishment in 1781.

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In June, 1783, having conducted the negotiations for peace with great ability, and having continued at his post until they were brought to a successful result, he resigned, and Mr. Jay was chosen in his stead the 7th of May, 1784, then being on the point of embarking on his return voyage. Mr. Jefferson was chosen the same day, to suc. ceed him as a minister plenipotentiary, for the purpose of negotiating

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treaties of commerce with the Eu. ropean powers, in conjunction with Franklin and Adams. While Mr. Jay was secretary of state, the conduct of the foreign correspondence devolved entirely on him. gress had fallen from the estima. tion in which it had been held du. ring the continuance of hostilities; and many of the leaders, whose character had given weight to its deliberations, had been called to act in the state governments, or compelled to devote their attention to their private concerns.

The secretary of foreign affairs, therefore, became, in effect, the head of the government, and all subjects of difficulty were referred to him, by congress, for his opinion. The secret journals, published by order of congress, in 1820, prove the constant reference to this officer, of all important matters, and furnish abundant testimony of the ability with which he treated them. Mr. Jay did not accept this appointment, until after having act. ed in congress a short time, as a delegate from the state of New-York, having been again appointed, Octo. ber 26th, 1784. He now took an active part in keeping the states together, after they were releas. ed from the strong principle of cohesion produced by the war. The country was entering upon a new and untried state. The states were independent, and at peace, but this very condition exposed them to danger. An overwhelming debt had been incurred, for which they were responsible in their collective character as a na tion. The public creditors were clamorous for payment. Some of the states, especially the eastern, had contributed more largely than the others, to the expenses of the

war, and of course had claims upon the confederacy, for the excess. Georgia and North Carolina, had not yet relinquished their claims upon the great south-western territory, which, as well as the north-western territory, the middle and eastern states contended, was an acquisition, made from the enemy, by the arms of the confederacy, for the common benefit. The English merchants, whose debts they were empowered to prosecute, by the treaty of peace, were seeking to collect them by legal process, and in some of the states, the legislatures interposed, to arrest the arm of the law. Under the pretence, that this viola. tion of the treaty warranted her in refusing to execute its stipulations, Great Britain held in her bands the north-western posts, carried away negroes and other property, contrary to the 7th article of the treaty of peace, and refused to make any compensation. true motive, no doubt, was to be in a position to take advantage of any discussions among the states, and to repossess herself of such portion as should secede from the con federacy; and while we were not in a situation to redress ourselves by prompt measures, her agents were instigating the north-western Indians to hostilities, and she was, at the same moment, waging a commercial war upon our naviga. tion, by her restrictive colonial re gulations.

Her

Georgia, too, was threatened with devastation, by the Creeks and Cherokees, then powerful nations, and appealed to congress for protection.

Spain also manifested an unfriendly spirit, and while her agents were busy among the south-western

tribes, whom she claimed as allies and subjects, she instituted a similar claim, respecting the Mississippi, to that which is now advanced by Great Britain to the St. Lawrence, i. c. to prohibit all access to the ocean, to the inhabitants on its banks, because it discharged itself into the ocean, through her territory. In this critical emergency, Mr. Jay assumed the responsible station of secretary for foreign af. fairs, and became, in effect, the head of the government. His prudence and sagacity, in administering this office, are beyond all praise. Knowing that the country was rapidly acquiring strength, by which she would shortly be enabled vindicate her rights, he advised, to that England should not be required to give a categorical answer, respecting her infractions of the treaty, but, that a compliance with its provisions should be urged upon her government, and at the same time, that the treaty should be scrupulously executed, on the part of the United States. With this view, he drew up, on the 13th October, 1796, a full and elaborate report, concerning the relations between the two countries. After reciting the requisition made by our minister, at the British court, (Mr. Adams,) for the surrender of the north-west posts, and the reply of Lord Carmarthen, (then secretary of state,) complaining of the infractions of the treaty, on the part of the United States, and enclosing a list of the acts of several of the states, in violation of the treaty, Mr. Jay proceeds to inquire,

1st. Whether an individual state has a right to explain, for herself, any particular article, in a national treaty.

2d. Whether any of the acts enumerated are in violation of the treaty.

3d. What measures should be adopted in relation to Great Bri tain, and,

4th. What measures, in relation to the state which passed the exceptionable acts.

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On the 1st point, Mr. Jay reported, that the states had, by an express delegation of power, formed and vested in congress, a perfect, though limited sovereignty, for the general and national purposes specified; that in this sovereignty, they have no concurrent jurisdic. tion; that a treaty, constitutionally ratified, was binding on the whole nation," and superadded to the laws of the land, without the consent of the state legislatures; that they were not competent to decide upon their construction; and that all doubts respecting their meaning, were mere judicial questions, to be decided by the courts, according to the rules established, by the laws of nations, for the interpretation of treaties; and, conse quently, that no individual state had a right to determine, in what sense any particular article should be un. derstood.

On the 2d point, he was of opin ion, that certain acts of several of the states were in violation of the 4th and 6th articles of the treaty, which provide, that there shall be no legal impediment to the recovery of debts, contracted previous to the war, and that there shall be no future confiscations. He then proceeds to inquire, whether these were justified, by the infractions on the part of Great Britain; and here he frankly stated, that the infractions, by the famous

trespass act of New-York,* the act of Pennsylvania against British creditors, and an ordinance of South Carolina respecting confis. cations, were prior to any on her part, and rather afforded an excuse to Great Britain than otherwise. As congress, however, had not authorized these violations, the national faith was not yet forfeited. Great Britain had still a claim upon that body, as representing the confede. racy, to answer for the conduct of its members; and congress had a right, "to insist and require, that the national faith and national treaties be kept and observed, throughout the union." With the view of properly responding to the claim of Great Britain, Mr. Jay recommended the following resolutions :

1. That the legislatures of the several states cannot of right pass any act or acts for interpreting, explaining, or construing a national treaty, or any part or clause of it; nor for restraining, limiting, or in any manner impeding, retarding or counteracting the operation or execution of the same; for that on being constitutionally made, rati. fied and published, they become, in virtue of the confederation, part of the law of the land, and are not only independent of the will and power of such legislatures, but also binding and obligatory on them.

2. That all such acts, or parts of acts, as may be now existing in either of the states, repugnant to the treaty of peace, ought to be forthwith repealed; as well to pre. vent their continuing to operate as violations of that treaty, as to avoid

the disagreeable necessity there might otherwise be of raising and discussing questions touching their validity and obligation.

3. That it be recommended to the several states, to make such repeal rather by describing than reciting the said acts; and for that purpose to pass an act, declaring, in general terms, that all such acts and parts of acts repugnant to the treaty of peace, between the United States and his Britannic ma. jesty, or any article thereof, shall be and thereby are repealed; and that the courts of law and equity in all causes and questions, cogniza ble by them respectively, and arising from, or touching the said treaty, shall decide and adjudge, according to the true intent and meaning of the same, any thing in the said acts, or parts of acts, to the contrary thereof, in any wise not. withstanding.

These resolutions were unani. nously agreed to by congress, on the 21st of March, 1787, and a cir. cular letter was also prepared by Mr. Jay to the states, enforcing the principles of the report, which was also unanimously agreed to, on the 13th of April, signed by the president of congress, (Arthur St. Clair.) Besides the conduct of this delicate negotiation, Mr. Jay had confided to him the manage. ment of the negotiation with Spain, respecting the Mississippi and the western boundary. Don Diego de Gardoqui, had been appointed the Spanish chargé des affaires near congress, and on the 21st of July, 1785, a commission was granted to