John Jay Papers

Draft of Instructions to the American Minister in London, [5 February 1785]

Draft of Instructions to the American Minister in London

[Office of Foreign Affairs, 5 February 1785]

Report of Instructions for the minister of the united States at ^to^ the Court of London.

You will in a respectful but firm manner insist that the United States be put, without further Delay, into Possession of all the Posts & Territories within their Limits, which are now held against their by british Garisons.1 and You will take the earliest opportunity of transmitting the answer you may recieve to this Requisition.

You will [illegible] ^endeavor to make yourself acquainted with^ the Disposition of the british Cabinet, to join with the united States in pressing forceful measures for inducing Spain to cease opposing the free Navigation of the Mississippi, and to that End a Display of the commercial advantages which would flow to them thro’ that Channel, would probably prove a powerful Inducement.2

You will remonstrate against the Infraction of the Treaty of Peace, by the Exportation of Slaves3 & other american Property, contrary to the Stipulations on that Subject in the   4 article of it—upon this Head you will be supplied with various authentic Papers & Documents, particularly the Correspondence between General Washington & others on the one Part, & Sir Guy Carlton on the other.5

You will represent to the british ministry the Strong and necessary Tendency of their Restrictions on our Trade, to incapacitate our merchants in a certain Degree, to make Remittances to their’s6—You will so manage your Conferences with the minister on the Subject of Commerce, as to discover whether he is inclined to make a Treaty with us & on what Terms—taking Care not to enter into any Engagements without the previous approbation of Congress—

You will represent in strong Terms the Losses which many of our, & also of their merchants will sustain, if the former be unseasonably and immoderately pressed for the payment of Debts contracted before the war; and (if compliance should appear probable) you will sollicit the Interposition & Influence of Government to p[reven]t it on this Subject you will be furnished with Papers in which it is amply discussed—7

DS, with excisions made by Congress, DNA: PCC, item 25, 2: 407–9 (EJ: 10696). Endorsed by CT: “Instructions to the Minister / to be appointed to reside at / the Court of London / Reported by Secy. for forn. Affairs / Feby. 7, 1785. Entd. / Read, passed 7 March 1785”. JJ’s undated report was sent in his letter to the President of Congress of 5 Feb. and was read in Congress on 7 Feb., JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 28: 45–46. See ALS, DNA: PCC, item 80, 1: 21 (EJ: 60); LbkC, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 1: 12 (EJ: 1555). LbkC of the report, dated 5 Feb., DNA: PCC, item 124, 1: 1–3 (EJ: 4891). Cs, of text as finally adopted on 7 Mar., Secret Journals, DNA: PCC, items 4, 5, 6; JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 28: 123; DC, description begins William A. Weaver, ed., Diplomatic Correspondence of the United States of America, from the Signing of the Definitive Treaty of Peace, 10th September, 1783, to the Adoption of the Constitution, March 4, 1789 (7 vols.; Washington, D.C., 1833–34) description ends 4: 158–59. See also Giunta, Emerging Nation, description begins Mary A. Giunta et al., eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 (3 vols.; Washington, D.C., 1996) description ends 2: 541, 569.

1. The nine forts occupied by the British: along the St. Lawrence River and the Great Lakes were Oswegatchie (Ogdensburg, N.Y.), Oswego, Fort Niagara, Fort Miami, Presqu’Isle (Erie, Pa.), Sandusky, Detroit, and Fort Michilimackinac, and two forts at the north end of Lake Champlain. On concerns about the western posts, see JJ to Lafayette, 19 Jan., above, to the President of Congress, 2 Sept., and to JA, 14 Oct., below; and JA to JJ, 13 May, ALS, DNA: PCC, item 84, 5: 413–20 (EJ: 11836); 17 June, ALS, DNA: PCC, item 84, 5: 507–13 (EJ: 11844); 25 Aug., ALS, DNA: PCC, item 84, 5: 606–19 (EJ: 11851); 21 Oct., ALS, DNA: PCC, item 84, 5: 673–87 (EJ: 11862); [3] Dec., C, DNA: PCC, item 84, 6: 43–67 (EJ: 11875); 6 Dec. 1785, LS, DNA: PCC, item 84, 6: 9–12; LDC, description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends 22: 53, 75, 172, 230; 23: 288; Extracts from John Jay’s Report on Violations of the Treaty of Peace, 13 Oct. 1786, below; and Giunta, Emerging Nation, description begins Mary A. Giunta et al., eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 (3 vols.; Washington, D.C., 1996) description ends 2: 630–32, 660–64, 769–75, 870–77, 937–42, 942–44. In his letter to JJ of 15 Dec. 1785, ALS, DNA: PCC, item 84, 6: 31–37 (EJ: 11874), JA reported the arrival in London of Mohawk chief Joseph Brant, and Henry Hamilton, Lieutenant Governor of Detroit, 1775–79, both of whom he suspected the ministry would consult about British policy concerning the posts, Indian alliances, and fortification of the Great Lakes. See also JA to JJ, 21 Jan., ALS, DNA: PCC, item 84, 6: 75–78; and 27 Feb, 1786, ALS, DNA: PCC, item 84, 6: 142–44 (EJ: 11877, 11886).

2. The U.S. claim to the right to navigate the Mississippi River source to mouth was based in part on its claim to have inherited the navigational servitude granted to Great Britain in the Treaty of Paris of 1763 by virtue of its independence from Britain and to have been granted this right explicitly in the provisional peace treaty of 30 Nov. 1782. Spain refused to acknowledge this claim. See JJSP, description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (3 vols. to date; Charlottesville, Va., 2010—) description ends 3: 29–32; LDC, description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends 21: 809; Monroe Papers, description begins Daniel Preston, ed., The Papers of James Monroe (4 vols. to date; Westport, Conn., 2003–) description ends 2: 157. Congress evidently thought better of asking JA to explore Britain’s willingness to back the American claim at this time.

3. “Negroes” in Art. VII of the preliminary treaty and in the instructions approved by Congress on 7 Mar. See JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 28: 123l; JJSP, description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (3 vols. to date; Charlottesville, Va., 2010—) description ends 3: 271; JJUP: 2: 435.

4. Space left blank in manuscript.

5. JJ’s letter to JA of 18 Mar. 1785, Dft, NNC (EJ: 5715); LbkC, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 30 (EJ: 2407), makes no mention of enclosing these documents. The OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends of 18 Mar. confirms that JJ sent JA his commission, instructions, and letters of credence, and copies of the journals of Congress for the period from 4 Nov. 1782 to 1 Feb. 1785. See DNA: PCC, item 127, 1: 42–43 (EJ: 3749). JA acknowledged receipt of JJ’s letter and its enclosures on 4 May. ALS, DNA: PCC, item 84, 5: 389–92 (EJ: 11832); LbkC, DNA: PCC, item 104, 5: 218–20.

6. On the failed attempt to negotiate an Anglo-American trade treaty, see JJSP, description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (3 vols. to date; Charlottesville, Va., 2010—) description ends 3: 373–86. In his letter to JJ of 26 June 1785, below, JA recommended that the states give Congress unrestricted power to impose restrictions on British trade with the United States or that they should adopt uniform restrictions to compel Britain to conclude a trade agreement with the United States.

7. In his report to Congress of 13 Oct. 1786, below, JJ described this argument as “somewhat ingenious,” but an attempted infringement of a creditor’s right to sue whenever he chose.

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    Jay Papers
    Title
    Draft of Instructions to the American Minister in London, [5 February 1785]
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    Jay, John
    Date
    5 February 1785

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    “Draft of Instructions to the American Minister in London, [5 February 1785],” Founders Online, National Archives, https://founders.archives.gov/documents/Jay/01-04-02-0016. [Original source: The Selected Papers of John Jay, vol. 4, 1785–1788, ed. Elizabeth M. Nuxoll. Charlottesville: University of Virginia Press, 2015, pp. 41–43.]