British-American Diplomacy
Convention Regarding Articles 6 and 7 of the Jay Treaty : Hunter Miller's Notes


It appears that the convention was executed in quadruplicate In his letter of January 9, 1802, enclosing the convention signed the previous day (American State Papers, Foreign Relations, II, 424), Rufus King wrote:

Two copies of the convention have been executed; one of which will be enclosed with the original of this letter; two more copies are preparing, and will, in like manner, be executed as originals, and enclosed with the duplicate and triplicate hereof.

The Department of State file of this convention is very complete. It includes two examples of a document which appears to have been intended at once as a ratification and a proclamation, as the following phrase immediately precedes the testimonium clause and follows the words of ratification: "and I do moreover hereby declare the same to be a Convention between the United States of America and his Britannic Majesty made by the President of the United States, by and with the advice and consent of the Senate thereof"; each of those examples is signed by Jefferson and attested by Madison, they are identic except that one includes a signed original of the convention and the other a copy, and the former lacks the Great Seal. Also in the file are two originals of the British instrument of ratification and two certificates of the exchange of ratifications, executed by Lord Hawkesbury.

Copies of the convention were transmitted by the President to both Houses of Congress on the date of its ratification by the United States (Richardson, I, 341-42), and thus prior to the ratification by Great Britain and the exchange; and an act appropriating $2,664,000 for carrying the convention into effect became law on May 3, 1802 (2 Statutes at Large, 192).

The file also contains a copy of the Senate resolution of April 26, 1802, attested by Sam. A. Otis, Secretary, as follows:

The Senate took into consideration the convention made between the United States and the British government, referred to in the message of the President of the United States of 29th March last; and Resolved, that they do consent and advise to the ratification thereof.

As printed in Executive Journal, I, 422, the resolution reads thus:

Resolved, (two-thirds of the Senators present concurring therein,) That the Senate do advise and consent to the ratification of the convention between the United States of America and his Britannic Majesty, concluded on the 8th day of January, 1802, at London.
Treaties and Other International Acts of the United States of America.
Edited by Hunter Miller
Volume 2
Documents 1-40 : 1776-1818
Washington : Government Printing Office, 1931.
127 Wall Street, New Haven, CT 06511.