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JAY TO THE PRESIDENT OF CONGRESS. 241
it for a given time. But he did not appear to me so
decidedly opposed to the same ideas in the way of
implication, though he did not say so. I drew that
inference from a number of circumstances, but yet
he said nothing so unequivocal to warrant it, as to
commit himself. I thought it therefore advisable
to try how far he would silently yield to that idea;
and therefore drew up articles in a variety of shapes
clearly implying the right, and expressly forbearing
the use during the term of the treaty. These drafts
he positively refused to admit; and finding that arguments in support of them rather irritated than convinced him, we parted without doing any thing.
Subsequent conferences took place, and he continuing
inflexible in refusing the articles as they stood, we
gradually but very cautiously talked of amendments.
It was my business to endeavour to change the dress
but retain the spirit and sense. Many difficulties
and questions, unnecessary to detail, occurred. It
was, however, finally so adjusted as in my opinion
to save the right and only suspend the use during
the term of the treaty, at the expiration of which
this and every other article in it would become null
and void. . . .
Congress will doubtless observe that the reasons
assigned in this article for forbearance militate
against a supposition of his Majesty's having an
exclusive right; for it does not either admit his right
or relinquish ours, but, on the contrary, in order to
avoid and obviate differences and questions, to suit
his Majesty's system of government and policy, to
Vol. Ill—16
| Title | The correspondence and public papers of John Jay - 3 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000276 |
| Type | Books/Pamphlets |
| Transcript | JAY TO THE PRESIDENT OF CONGRESS. 241 it for a given time. But he did not appear to me so decidedly opposed to the same ideas in the way of implication, though he did not say so. I drew that inference from a number of circumstances, but yet he said nothing so unequivocal to warrant it, as to commit himself. I thought it therefore advisable to try how far he would silently yield to that idea; and therefore drew up articles in a variety of shapes clearly implying the right, and expressly forbearing the use during the term of the treaty. These drafts he positively refused to admit; and finding that arguments in support of them rather irritated than convinced him, we parted without doing any thing. Subsequent conferences took place, and he continuing inflexible in refusing the articles as they stood, we gradually but very cautiously talked of amendments. It was my business to endeavour to change the dress but retain the spirit and sense. Many difficulties and questions, unnecessary to detail, occurred. It was, however, finally so adjusted as in my opinion to save the right and only suspend the use during the term of the treaty, at the expiration of which this and every other article in it would become null and void. . . . Congress will doubtless observe that the reasons assigned in this article for forbearance militate against a supposition of his Majesty's having an exclusive right; for it does not either admit his right or relinquish ours, but, on the contrary, in order to avoid and obviate differences and questions, to suit his Majesty's system of government and policy, to Vol. Ill—16 |
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