196 Transactions of the Royal Canadian Institute [vol. x 



In the terrible war which Britain carried on with France arising out 

 of the French Revolution, she found it necessary to starve France out 

 if possible; accordingly Orders-in-Council were passed to stop all vessels 

 carrying food to France. Other restrictive orders were made, and as the 

 British navy was immensely superior to any which could be brought 

 against it, nearly all importation to France was stopped. Many Ameri- 

 can vessels suffered — indeed it was the American mercantile fleet which 

 contributed most of the victims. The United States claimed the ille- 

 gality in international law of these regulations. Britain answered — 

 "Necessity". 



Feeling ran high in the United States, and measures were threatened 

 in congress which would inevitably have resulted in war — and for war 

 the United States could not be more unprepared. The ordinary means 

 of negotiation having failed, Washington (April i6th, 1794) sent John 

 Jay, Chief Justice of the Supreme Court, as envoy extraordinary, to 

 negotiate a treaty with Britain if possible. 



He succeeded, November 19th, 1794, in obtaining a Treaty, no doubt 

 as favourable as could be had, but not containing everything which had 

 been hoped for. 



Britain absolutely refused to give any compensation for the negroes 

 — and of this Washington made particular complaint. She refused all 

 compensation for retaining the forts, saying that this was due to the 

 fault of the United States. But the United States agreeing to pay the 

 debts that British subjects had been prevented from recovering, Britain 

 agreed to give up the retained territory by June 12th, 1796. Britain 

 also agreed to pay American subjects for ships, etc., illegally taken. By 

 this Treaty, which is the beginning of modern international arbitration, 

 three matters were left to arbitration. 



I. What is the River St. Croix? This by Article V was to be left 

 to commissioners, one to be appointed by His Majesty, one by the 

 President, and they to agree upon a third ; if they were not able to agree, 

 each was to propose one person, and one of these should be drawn by lot. 



Britain named Thomas Barclay of Annapolis, a pupil of Jay's, who, 

 born in New York State, had fought on the Loyalist side during the 

 Revolution and attained the rank of colonel. He afterwards practised 

 law in Nova Scotia, and became a member and Speaker of the Legislative 

 Assembly. He was also for a time British Consul at New York. 



The American Commissioner was David Howell, a Judge of the 

 Supreme Court of Rhode Island ; he suggested as the third Commissioner 

 Egbert Benson, formerly Judge of the Supreme Court of New York, and 

 afterwards a Judge of the Circuit Court of the United States. Colonel 

 Barclay accepted Mr. Benson as a "cool, sensible and dispassionate 

 third Commissioner" — no bad recommendation. 



