important point in the American negotiation.1 yet I am happy to comply with your Lordship's wishes in giving all the articles of the proposed treaty the best consideration I am able. . . .
I have made no observations on the article which relates to the commercial intercourse between the United States and the West India Islands. I consider this point as irrevocably decided, against the opinion I have always entertained and publicly professed.2 To this part only of the present transaction I object; I have already assigned most of the reasons on which my opinion is founded. I now send you my observations on the articles of the Treaty as they are drawn, I fear they are incorrect, but I have had but a short time to consider them. I wish for many reasons, that if there is to be any farther Cabinet on the point, on which we differ, I may not be summoned to it. My attendance may occasion discussion which cannot now be of any use. . . .
'JAY'S TREATY' OF AMITY, COMMERCE, AND NAVIGATION, 19 November 17943
It is agreed that it shall at all times be free to His Majesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass by land or inland navigation into the respective territories and countries of the two parties on the continent of America, (the country within the limits of the Hudson's Bay Company only excepted,) and to navigate all the lakes, rivers and waters thereof, and freely to carry on trade and commerce with each other. But it is understood that this article does not extend to the admission of vessels of the United States into the sea-ports, harbours, bays or creeks of His Majesty's said territories; nor into such parts of the rivers in His Majesty's said territories as are between the mouth thereof and the highest port of entry from the sea, except in small vessels trading bona fide between Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect.____________________