The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-15

future. Jay found Shelburne ready to
adopt a policy designed to encourage
and widen the breach between France
and her ally. Oswald, the British ne
gotiator, received instructions to con-
sent to the treaty which Jay desired.
France was subsequently astounded at
the liberaiity of the terms that we had
secured, sand Franklin, who stood in
better favor at the French court than
Jay, had the delicate task of making
apologies to Vergennes. The astute-
ness with which Franklin placated the
French statesman is historic. That
was a diplomatic office which Jay could
not so well have performed.
Was jay. who led this policy. warm
ly seconded by Adams. Of negotiating
without the knowledge and concurrence
of France. justifable in disregarding
the instructions of congress? Sparks
thinks not. But what IL our negoti-
ators had obeyed and accepted what
France was seeking? In that case we
should have lost Alabama and Alissis-
sippi. the greater part of Kentucky and
Tennessee. all of Ohio, Michigan, In
diana. Illinois and Wisconsin.
Il apprehend." said Jay. that con-
gress marked out this line of conduct
for their own sake and not for the
sake of France. The object of that in
struction was the supported interest of
America, and not of France; and we
were directed to ask the advice of the
French minister because il was thought
advantageous TO our country that we
should receive and be governed by it,
Congress only. therefore, has a right to
complain of our departure from that in
struction."
As with all great statesmen and dip
lomatists. so it was with Jay-the in
terests of his country and the circum-
stances under which he found himself
determined the course which he pur-
sued.
Secretary of Congress For Foreign
Affairs.
On May I, 1854. Jay was elected by
congress secretary for. foreign affairs,
position which he held until the in
auguration of the new government un-
der the constitution. in 17S9 In these
years he continued the negotiations
with Spain touching the Mississippi
and, following temporary disposition
of congress. he relinquished, by an
agreement in 1884. certain rights on
that river for period of years Dur
ing these years, also, he did much to
promote the adoption of the new con-
stitution.
Chief Justice Jay.
When Washington came to the presi-
dency he offered to Jay his choice of
federal offices-a mark of the highest
honor and distinction. Under the new
administration. Jay was naturally a
federalist, as he especially wished to
see the establishment of a strong and
durable government. He believed that
strong and highly respected Judiciary
as interpreter of the constitution, could
do much toward this end The first
Judiciary act providing for the appoint
ment of chief justice and five asso-
eiate justices was approved on Sept
"a. 1889. and two days later Jay was
appointed and confirmed as the first
chief justice When the spotless err
mine of the judicial robe" Says Daniel
Webster. fell upon John Jay, it
touched nothing less spotless than
itself" He was ar upright Judge Dur
ing his short service in this Office he
did much to establish the dignity of
the court, to preserve its independence
from legislative and executive en-
croachments. and TO promote its juris-
diction, If not to secure its supremacy,
over the state judiciary and the state
governments.
Jays Treaty, 1894.
The peace treaty with Great Britain
in 1882 had never been executed. We
complained that Great Britain still held
our western pOs's anu Isluseu coih-
pensatin for negroes carried away.
Great Britain complained that we had
refused TO reimburse the loyalists and
that we had put impediments in the
way OF the collection of British debts
in America After the outbreak of war
between France and England in 1898.
with our people divided as hot parti-
sans on the issues of that war, with
the Republican or the French party
urging our government actively to sup
port our former ally. there was immi-
nent danger of war with England.
Washington sent Jay as special envoy
to negotiate for the settlement of diff
ferences. He succeeded in preserving
peace with honor. He brought home
a treaty which, for while, was the
most unpopular in the history of Amer
lean diplomacy. 1t caused Jay to be
hanged in effigy. Hamilton to be stoned