Jay Treaty - Evaluations

Evaluations

The historians Stanley Elkins and Eric McKitrick note that in conventional diplomatic terms, as a "piece of adversary bargaining", Jay "got much the worst of the 'bargain'. Such a view has to a great degree persisted ever since." They conclude that although Jay did not succeed in asserting neutral rights, he did obtain "his other sine qua nons "; he got none of things that were "desirable, but not indispensable." They add "Jay's record on the 'soft' was open to many objections; on the 'hard' side, it was a substantial success, which included the prevention of war with Great Britain."

The historian Marshall Smelser argues that the treaty effectively postponed war with Britain, or at least postponed it until the United States was strong enough to handle it.

Bradford Perkins argued in 1955 that the treaty was the first to establish a special relationship between Britain and the United States, with a second installment under Lord Salisbury. In his view, the treaty worked for ten years to secure peace between Britain and America: "The decade may be characterized as the period of "The First Rapprochement." As Perkins concludes,

"For about ten years there was peace on the frontier, joint recognition of the value of commercial intercourse, and even, by comparison with both preceding and succeeding epochs, a muting of strife over ship seizures and impressment. Two controversies with Franceā€¦ pushed the English-speaking powers even more closely together."

Starting at swords' point in 1794, the Jay treaty reversed the tensions, Perkins concludes: "Through a decade of world war and peace, successive governments on both sides of the Atlantic were able to bring about and preserve a cordiality which often approached genuine friendship."

Perkins suggests that (saving perhaps the opening of trade with British India), "Jay did fail to win anything the Americans were not obviously entitled to, liberation of territory recognized as theirs since 1782, and compensation for seizures that even Britain admitted were illegal." He also speculates that a "more astute negotiator than the Chief Justice" would have gotten better terms than he did. He quoted the opinion of the "great historian" Henry Adams that the treaty was a "bad one":

"No one would venture on its merits to defend it now. There has been no time since 1810 when the United States would not prefer war to peace on such terms."

Perkins gave more weight than other historians to valuable concessions regarding trade in India and the concession on the West Indies trade. In addition, Perkins noted that the Royal Navy treated American commerce with "relative leniency" during the wars, and many impressed seamen were returned to America. As Spain assessed the informal British-American alliance, it softened its previous opposition to the United States' use of the Mississippi River and signed Pinckney's Treaty, which the Americans wanted. When Jefferson took office, he gained renewal of the commercial articles that had greatly benefited American shipping.

Elkins and McKitrick find this more positive view open to "one big difficulty": it requires that the British negotiated in the same spirit. Unlike Perkins, they find "little indication of this"; preferring to view the British not as future-oriented, but, having had no indication that the United States required attention, wishing to take it off the long list of issues that did.

George Herring's 2008 history of US foreign policy says that in 1794 "the United States and Britain edged toward war" and concludes, "The Jay Treaty brought the United States important concessions and served its interests well." Joseph Ellis finds the terms of the treaty "one-sided in Britain's favor", but asserts a consensus of historians that it was

"a shrewd bargain for the United States. It bet, in effect, on England rather than France as the hegemonic European power of the future, which proved prophetic. It recognized the massive dependence of the American economy on trade with England. In a sense it was a precocious preview of the Monroe Doctrine (1823), for it linked American security and economic development to the British fleet, which provided a protective shield of incalculable value throughout the nineteenth century. Mostly, it postponed war with England until America was economically and politically more capable of fighting one."

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