John Jay's elevation to the Presidency of
the Continental Congress in late 1778 stemmed from French considerations.
The previous President, Henry Laurens, had resigned after
allying himself with Arthur Lee, who was at the time engaged in
a bitter dispute with his fellow American commissioner to France,
Silas Deane. Lee had accused Deane of a plan to profit privately
from the new nation's transactions with France, a charge Deane
vehemently denied. Upon Laurens's resignation, supporters of Lee
and Deane battled among each other, with Jay, thought to be strongly
pro-French, as the beneficiary of the tussle.
As president of the Congress, Jay was soon forced
to deal with the outbursts of Thomas Paine, then Secretary to the Committee
of Foreign Affairs, who supported Lee in his campaign against Deane, in
the course of which he had incautiously revealed, much to the embarrassment
of the French, that France had aided the United States prior to the two
nations' formal alliance of 1778 (see
John Jay to Conrad Gerard, 1/12/1779, Jay ID #5064). Conrad
Gerard, the French minister in Philadelphia, pressed Congress to discipline
Paine, but Paine's resignation saved the Congress and its head, John Jay,
from having to act in this matter.
Jay's stint as President of Congress lasted
until the Fall of 1779, at which time he was appointed as minister
to Spain, a position he held for three years. He then moved
to Paris as a peace commissioner, instructed to treat with Britain
to end the War of Independence. While pursuing peace with
the British, Jay acted to head off separate talks between the
French and the British, negotiations that would have sacrificed
American interest in securing access to the Newfoundland fisheries
and compromised its position on the rightful location of the new
nation's western boundary. During their stay in Paris, the
Jays John had traveled with his wife became intimate
acquaintances of the Lafayettes, a friendship that would last
well into the nineteenth century, and were feted by French aristocrats
and officialdom (see
John Jay to the Marquis de Lafayette, 3/5/1783, Jay ID #6759).
During the 1790s French affairs were central
to American politics and society. In the domestic contest
over what kind of relationship should be pursued with revolutionary
France, Jay found himself at the heart of the debate. Following
France's declaration of war with Great Britain early in 1793,
for example, Jay, though alive to the constraints that his position
as Chief Justice placed upon his advising the President, drafted
a neutrality proclamation for Washington. Though the President
decided to use the proclamation outlined by Attorney General Edmund
Randolph instead, Jay's draft, like Randolph's, espoused a doctrine
of nonalignment that would serve as the basic principle of foreign
policy under the Washington administration (see
John Jay to Alexander Hamilton, 4/11/1793, Jay ID #5644).
To the French, who believed the United States
owed them allegiance on the basis of the two countries' alliance
of 1778, the proclamation was a bitter disappointment. In
light of the official position of the United States government,
Edmond Charles Genet, the French minister to the United States
appointed in 1793, took it upon himself to promote pro-French
propaganda and mobilize public sentiment against the neutral course
being pursued by the Washington administration. Jay used
all resources at hand to stem the pro-French tide. As Chief
Justice, he used his opening charges to circuit courts up and
down the nation to affirm the nation's commitment to neutrality.
Upon learning that Genet had threatened to appeal over Washington's
head to Congress, Jay published the details of the affair in a
New York newspaper under his own name. At this point, Genet
attempted to bring a suit for libel against Jay, a design that
fizzled out ignominiously (see
John Jay and Rufus King to Alexander Hamilton and Henry Knox,
11/26/1793, Jay ID #5646).
French resentments were aroused once more
by the signing of a treaty between Britain and the United States
late in 1794, a treaty that, in the popular mind, carried Jay's
name, for he had served as the U.S. negotiator. Widely though
incorrectly perceived as pro-British, it was disparaged by supporters
of the newly emerging Democratic Republican party, who were blind
to Jay's clear success in promoting American interests. Indeed,
the reception of the Jay Treaty played an important part in sharpening
political divisions within the new nation (see
John Jay to Henry Lee, 7/11/1795, Jay ID #12870).
These divisions remained heated through the
rest of the decade, climaxing in the XYZ affair and the resulting
Quasi-War with France in 1798-99. Some of the most compelling
material in the Jay Papers speaks to those months, when Jay, now
Governor of New York and clearly expecting a French attack, moblizes
the state's resources for the defense of New York City (see
Citizens of New York to John Jay, 11/30/1797 Jay ID #9841).
Of a more conciliatory nature during his tenure as Governor
was Jay's cordial extension of aid to French refugees (many presumably
slaveholders) fleeing revolution in Saint Domingue.
Following his retirement from public office
in 1801, France remained in Jay's thoughts and writings in a number
of ways, notably in his and his correspondents' appropriation
of the term "jacobinism" to characterize the views of
their political opponents. Jay's use of the term implied,
at once, egalitarianism, irreligion and anarchy -- extremist views
to be rejected and condemned. (see
John Jay to Rev. Jedidiah Morse, 1/30/1799, Jay ID #1175;
see
Peter Augustus Jay to John Jay, 10/3/1821, Jay ID #6250).
James Baird
Columbia University
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