Sunday, June 7, 2026

ARP389 Battle of Fallen Timbers

We last checked in on the Northwest Territory in Episode 376.  When the native Americans defeated an army under the command of Arthur St. Clair that had been sent to quash Indian resistance.  St. Clair’s defeat at the Battle of the Wabash in 1791 came a year after the army led by General Harmar had been defeated in 1790.

The US government was insistent on settling the territory north of the Ohio River.  It needed those lands to keep promises to veterans of the Revolutionary War, and as revenue to pay off its war debts.  The Native tribes who lived there were just as determined to stop the settlements.

Glaize Convention

Following their victory over St. Clair’s army, the Indians hoped to capitalize on their military victory by forming a larger confederation that could unite to keep the Americans at bay.  They sent messengers to contact tribes from New York to what is today Mississippi calling on tribes to send delegates to a Grand Council to organize a defense.

The Battle of Fallen Timbers
The Miamis who were based out of Kekionga, what is today Fort Wayne, Indiana opted to move east into Ohio to the area that is today Defiance, Ohio.  They called it The Glaze, which derived from a French term meaning “place with clay soil.” Their more aggressive position was in part to counter the American move into the region.  It was also closer to British resources, who could provide weapons and material for their ongoing fight.  

The British still occupied Fort Detroit, which was supposed to be abandoned as part of the peace treaty ending the Revolution.  But they did not.  Detroit became a central point for British organization of Indians throughout the Northwest Territory.

In the fall of 1792, delegates from at least 30 tribes met at the Glaize to discuss organization and strategy.  Also present was Alexander McKee, the British Indian agent from Detroit.  The British were there as observers and also to provide provisions, but the strategy discussions were up to the tribal delegates.

Among the delegates were several leaders from the Iroquois Confederation.  The Iroquois had traditionally demanded all negotiating authority with the colonists on behalf of the tribes.  Following the Revolution though, the Iroquois Confederation had been devastated and divided.  It no longer had the power to force its will on other tribes.  Further, it had many deals with the Americans that gave up a great deal of Indian territories in hopes of saving the Iroquois tribal lands in upstate New York.  As a result, many of the other tribes resented the Iroquois delegates and did not trust them.

One Iroquois delegate, a Seneca leader named Red Jacket, brought with him a peace proposal from President Washington.  This proposal confirmed the borders that had been agreed to at the Treaty of Fort Harmar back in 1789.  It gave the Americans control of about two-thirds of the southern and eastern parts of what is today Ohio.

The problem with this treaty is that most of the tribes present had rejected it.  A few chiefs who had agreed to the treaty did not have the authority to do so.  The US, however, considered the treaty borders to be binding, although Washington offered additional financial compensation to any tribes who felt wronged by the treaty.

Most of the delegates rejected the proposal out of hand.  Shawnee representatives also revealed papers, captured at St. Clair’s defeat, showing that the US intended to build forts far beyond the borders set at Fort Harmar and the US goal of forcing all warriors to become farm laborers.

The Shawnee, Miami and Delaware all insisted that the Ohio River must remain the final and permanent boundary.  This denied the Americans access to any land in what is today the State of Ohio.  It would mean towns already built there would have to be removed.  Several delegates from Canada, including Joseph Brandt, suggested maybe there could be some compromise between all the land the Americans demanded and complete control of Ohio, but the hardliners rejected any compromise.

The British advisors present encouraged that the Council take the position that the Ohio River should remain the border, but that further negotiations with the US could take place, with the British acting as mediators.

The Council ended with the agreement that they would fight for the Ohio River as the border, but that they would also agree to a meeting with US officials to discuss the matter the following spring.  In the meantime, they would cease hostile activity against frontier settlements in the disputed territory.  A prerequisite for any discussion with the Americans, however, had to be an agreement that they would accept the Ohio River as the border.

Anthony Wayne’s Legion

As the Indians prepared to contest control of Ohio, so did the US.  As I mentioned back in Episode 377, President Washington appointed General Mad Anthony Wayne to take command of a newly enlarged army, dubbed the Legion on the United States.  Wayne received this appointment in the spring of 1792, shortly after word arrived of St. Claire’s defeat at the Battle of the Wabash.

Most of Wayne’s battlefield experience came against British regulars and loyalists during the Revolutionary War.  He did, however, lead a pitched battle against Creek warriors in Georgia near the end of the Revolution.  Wayne had also lived on the frontier for most of his life.  He understood Indian warfare.

Wayne spent two years building and training his legion to go to battle in Ohio.  He was not going to go into battle with raw troops.  He wanted soldiers who knew what they were doing.  He arrived at Fort Pitt in the summer of 1792 with only a few dozen recruits.  Wayne began training and holding mock battles.  Over time more recruits arrived from across the country.  By late November he had about 1900 men.  He was authorized to have an army of 5000, but low pay and the difficult and dangerous life of a regular soldier kept enlistments from coming anywhere near this goal.  

At first, he established Fort Fayette, near Pittsburgh, but by November, he moved his army about 22 miles down the Ohio River to an area he dubbed Legionville.  He wanted to get his men away from civilians and the vices of whiskey and women that Pittsburgh offered.  Waye was not a puritan, he often offered whiskey as a reward for various contests, but the civilian temptations were too much of a distraction.  

The Legion trained for Indian warfare.  This included open order drill to fight in forests and heavy use of the bayonet, which Wayne believed could defeat the tomahawks and rifles that they expected to face.  

In the spring of 1793, after spending the winter at Legionville, the legion moved deep into Ohio territory to Fort Washington, which is modern day Cincinnati. Wayne established a new camp near the fort which he called “Hobson’s Choice” because it was the only good high ground in the area.  The soldiers continued to drill every day, holding mock battles on Sundays.  Training here focused on coordinating infantry, riflement, dragoons and artillery to work together, also getting the men to respond to drum and bugle signals.

Peace Commission

While the army continued to prepare, President Washington sent a peace commission to meet with the tribes.  The commission consisted of Secretary of War Henry Knox, former Virginia Governor Beverley Randolph, and Timothy Pickering who was, at the time, serving as Postmaster General.  The commission met in upper Canada, with Lieutenant Governor John Grave Simcoe serving as host and ensuring the protection of the commission.

The Commission arrived in May, 1793.  They had to wait for months while messengers distributed the call to bring Indian representatives to the table. Simcoe deliberately delayed the process, having the Indians meet with British agents to advise them that the Americans were not offering acceptable terms.  

Simcoe was also awaiting word from London. Governor Dorchester was returning to Canada with new instructions.  Simcoe did not want any deal struck before promises of British military support for the Indians might arrive. In the meantime, Simcoe treated the commissioners to every hospitality, even inviting them to a celebration of the king’s birthday.

When word arrived that the US legion had moved to Fort Washington, present day Cincinnati, the Indians took this as an aggression.  Simcoe warned the commission not to use military escorts to supply outposts at Fort Hamilton and Fort Jefferson or that aggression would end the talks before they began.  Knox sent word to Wayne to stay put, but also said the army should be ready to move the moment the talks failed.  Wayne, however, ignored the orders, believing that sending supply trains without protection deep in Indian territory would be inviting disaster.

The Indians met at a village near the commissioners where they tried to develop a unified response before meeting with the commissioners.  Iroquois leader Joseph Brant once again tried to broker a new border, giving up some lands north of the Ohio River, but not as much as the Americans wanted.  The other chiefs, much like they had at the Grand Council the year before, rejected this idea.  They would settle for nothing but the Ohio River as the border.

The Commissioners, tired of waiting, borrowed a small schooner, the Dunmore, hoping to sail across Lake Erie to Detroit.  Thanks to bad winds, they ended up landing on the southern coast of Lake Erie.  They eventually met up with several of the Indian delegations, including Brant.  The Indians were upset that Wayne was setting up massive supplies at the forward outposts.  These supplies were far more than the garrisons would need, so it was clearly preparation for an American invasion.  Once again, Knox wrote to Wayne telling him to back off.  Once again, Wayne refused, writing back to say he had orders to plan for an attack and these preparations were necessary to fulfill those orders.

Perhaps before getting Wayne’s response, the Commissioners assured the Indian delegates that Wayne had orders to pull back and would be doing so soon.  They laid out their proposal, requiring the Indians to give up the two-thirds of Ohio, as agreed at Fort Harmar years earlier.  In order to compensate tribes who had refused to agree to that treaty, the US promised an upfront payment of $50,000 plus another $10,000 per year in ongoing payments.

Talks continued for a few days, but neither side seemed to be giving in on any important issue.  Finally, at the end of July. The Indian delegates asked the commissioners directly whether they were authorized under any circumstances to set the Ohio River boundary under any circumstances.  The Commissioners said no, they had no authorization to do that.  About two weeks later, made clear that they would not abide by any treaties signed since 1783.  From their point of view, they had already given up the entire eastern seaboard to the Americans.  They were drawing the line at the Ohio River and would not permit the Americans to go any further.

Their final response said, “we desire you to consider Brothers that our only demand is the peaceable possession of a small part of our once great Country. Look back and view the lands from whence we have been driven to this spot, we can retreat no further, because the country behind hardly affords food for its present inhabitants. And we have therefore resolved, to leave our bones in this small space, to which we are now confined."

With that, the conference came to an end. On August 23, Knox sent a coded message to Wayne that talks had ended.  This was authorization to begin the military campaign.

The Army Advances

Wayne received Knox’s message in September. He moved the Legion north in October, closer to the Native centers of power.  They built fort Greeneville, named in honor of Nathaniel Greene, about 85 miles south of the Glaize, where the Indians had held their grand council a year earlier.  In addition to building the fort, drills continued all winter.

Nearly two months later, on Christmas Day, 1793 the army moved another 20 miles north to the site of St. Clair’s defeat.  They built Fort Recovery on the site.

Wayne had been authorized to raise a legion of over 5000 soldiers.  But by the end of 1793, his army was only around 2000 men.  To compensate, Congress authorized him to raise a militia auxiliary of up to 1500 Kentuckians.  The communities of Kentucky had been hit hard by Indian attacks.  Leading this auxiliary force was Charles Scott, an experienced major general during the Revolutionary War.  After the war, Scott had settled in Kentucky on over 20,000 acres of land granted to him for his military service.

Like most settlers, Scott had regular run-ins with Indian raiding parties.  He had watched Indians scalp and kill his son while he was standing across the Ohio River.  In the early 1790’s he had helped to raise fighting units to assist the army in the Northwest territory.  Scott had led a force of Kentucky volunteers during the Harmar Campaign in 1790.  Indians killed another of his sons in that campaign.  In 1791, Scott led the Blackberry campaign into Ohio territory, designed to distract Indians away from St. Clair’s expedition.   In 1792, Scot led another campaign across the Ohio River designed to ensure that the Indians understood that St. Clair’s defeat did not mean settlers were unwilling to continue the fight.

Scott began organizing for the next campaign and to coordinate with Wayne’s legion in the summer of 1793.  Over 1000 mounted volunteers reached Fort Hamilton that fall.  When it became clear that not military actions would take place until the following summer, most of the Kentucky volunteers simply went home again.

In July 1794, the Kentuckians mustered again, even while the Peace Commission continued to meet in Detroit.  They reached Fort Greeneville on July 25, and joined up with the Legion by the beginning of August.  The joint forces established Fort Adams, pushing even further into Indian Territory.

With this 2000 strong legion and about 1500 mounted Kentucky volunteers, Wayne had an army of about 3500 men.  On August 3, a tree fell on his tent, nearly killing Wayne. Although badly injured, he continued to lead his army, although he could not mount a horse without help.

A few days later, on August 8, the army reached the Glaize, the site of the Indian’s Grand Council and a major Indian population center. The locals had fled.  The army established Fort Defiance on the ground.  Wayne was essentially daring the Indians to take it back.

Indian Strategy

During this advance into their territory, the tribal leaders were not just sitting around and watching.  In the spring of 1794, they convinced the British to establish Fort Miamis near present day Toledo, Ohio, in order to operate as a forward base of support for the warriors.

The leadership among the Indians could not agree on a strategy.  The Miami war chief Little Turtle, who had commanded forces at St. Clair’s defeat, wanted to avoid a direct assault.  He suggested continually raiding supply convoys, which would eventually starve out the string of forts and force the Americans to withdraw.  Little Turtle knew that Wayne, who the Indians had dubbed “Black Snake” was an active leader who would be hard to defeat in battle.  He also may have supported suggestions of allowing the Americans to attack Fort Miamis, thus sparking a direct war between Britain and the US.

Many of the warriors, however, wanted a more aggressive plan.  They rallied around the Shawnee Chief Blue Jacket.  There have been stories that Blue Jacket was actually a white man who had been captured and adopted by the tribe as a child.  But this claim seems to be disputed.  He was raised as a Shawnee.

However Blue Jacket did marry two white women.  He had built an estate at the Glaize, where he farmed and owned slaves who helped to manage his plantation.  The source of his wealth was primarily operating as a middleman between Canadian merchants and Indian hunters selling furs.  Ironically, Blue Jacket usually wore a red jacket, a British officers coat.

Blue Jacket accused Little Turtle of cowardice for refusing to attack the Legion.  Little Turtle refused to lead warriors into a losing battle. He turned over command to Blue Jacket.  Little Turtle would fight alongside the warriors, but refused to lead them into what he regarded as a disaster.

Fort Recovery

On June 30, 1794, Blue Jacket led an army of about 1500 warriors against Fort Recovery, built on the site of St. Claire’s defeat.  Unaware of the imminent attack, a supply convoy of nearly 150 soldiers left the fort in the morning, having dropped off supplies.

The Indians ambushed the convoy, killing many of the soldiers, including the commander, Major William McMahon.  Fort commander Captain Alexander Gibson sent a contingent of 20 men from the fort to provide covering fire so the survivors of the convoy could retreat back to the fort.

The Indians tried to pursue the retreating convoy members but were shot down by defenders behind the fort walls.  The Indians withdrew, only to regroup for a night attack on the fort.  Defenders repelled the attack, and also repelled a third attack the following morning.

According to some reports, British soldiers were with the Indians, but did not participate in the actual battle. During the attack, they were searching to dig up buried cannons that St. Claire’s Army had hidden after that army’s defeat.  The garrison suffered about 100 casualties, with an estimated 150 casualties among the Indians.  The main fallout from the battle was that the Shawnee accused other tribes of cowardice in refusing to join the assault on the fort.  As a result, many of those warriors, particularly the Lake Indians from Canada, simply packed up and left.

Battle of Fallen Timbers

A week after the battle, Wayne was still moving forward, establishing Fort Defiance on August 8.  A week after that, the Legion began marching further north toward the British Fort Miamis.  On August 18th, they built Fort Deposit just a few miles from Fort Miamis.  The purpose of Fort Deposit was literally to deposit their supplies and equipment so that the army could go into battle.

Two days later, August 20th, the army began marching forward again.  They entered an area where a tornado had recently knocked down most of the trees.  As a battalion of Kentucky scouts entered the area, a line of Indians opened fire from behind the fallen trees. The Indians then rose up and charged the scouts.  The Kentuckians who were not killed fled in retreat.  An advance guard of infantry provided covering fire to slow down the Indian’s pursuit.

Wayne, expecting an attack somewhere, immediately deployed his lines. General James Wilkinson commanded the right wing of the Legion.  Colonel John Hamtrack commanded the left wing.

Wayne had given his commanders stranding orders to meet any Indian attacks with a bayonet charge.  That is what happened. The Indians were used to Americans firing at them from lines, so the bayonet charged unnerved many of them, forcing an Indian retreat.  The legion then brought up artillery to support the infantry, and used the cavalry to run down and kill retreating warriors. 

The entire battle only lasted only 60-80 minutes.  The retreating Indians fled back to Fort Miamis, only to find the gates locked.  The British Commander, Major William Campbell ordered the gates closed.  Britain was neutral in this fight and he would not provide harbor for fleeing combatants.  Campbell knew that doing so would probably result in an American attack on his fort.  The Indians continued their retreat back toward Lake Erie.

Following the battle, General Wayne personally rode up to the walls of Fort Miamis, practically daring the British garrison to fire on him.  The British withheld fire.  The Americans set about burning all of the Indian villages and British storehouses around the fort but did not attack the fort directly.

After destroying whatever they wanted, the Americans withdrew back to Fort Defiance.  Casualties were relatively light, about 150 killed or wounded among the Americans.  Wayne reported finding about 40 Indian corpses, with an unknown number of dead or wounded carried off by their comrades.

The result, however, was that the US Army had defeated the Indians and was in control of the Ohio territory.

Next week, Congress adds an eleventh amendment to the Constitution

 - - -

Next Episode 390 The Eleventh Amendment (coming soon)

Previous Episode 388 The Age of Reason

June 10, 2026 Round Table Book: The Banker Who Made America: Thomas Willing and the Rise of the American Financial Aristocracy, 1731-1821, by Richard Vague - Go to https://bookshop.org/shop/ARP. Find the book in my bookshop and use the code ARP15 to save 15% off the price.

 Contact me via email at mtroy.history@gmail.com

 Follow the podcast on X (formerly Twitter) @AmRevPodcast

 Join the Facebook group, American Revolution Podcast 

 Join American Revolution Podcast on Quora 
 
Discuss the AmRev Podcast on Reddit

American Revolution Podcast Merch!

T-shirts, hoodies, mugs, pillows, totes, notebooks, wall art, and more.  Get your favorite American Revolution logo today.  Help support this podcast.  https://merch.amrevpodcast.com


American Revolution Podcast is distributed 100% free of charge. If you can chip in to help defray my costs, I'd appreciate whatever you can give.  Make a one time donation through my PayPal account. You may also donate via Venmo (@Michael-Troy-20).


Click here to see my Patreon Page
You can support the American Revolution Podcast as a Patreon subscriber.  This is an option making monthly pledges.  Patreon support will give you access to ad-free episodes, podcast extras, and help make the podcast a sustainable project.

An alternative to Patreon is SubscribeStar.  For anyone who has problems with Patreon, you can get the same benefits by subscribing at SubscribeStar.

Signup for the AmRev Podcast Mail List

* indicates required

Further Reading

Websites

The Battle of Fallen Timbers” American Heritage, Vol. 9, Issue 4, June 1958: https://www.americanheritage.com/battle-fallen-timbers

The Battle of Fallen Timbers, 20 August 1794: https://armyhistory.org/the-battle-of-fallen-timbers-20-august-1794

Historical Overview of the Fallen Timbers Battlefield and Fort Miamis: https://www.nps.gov/articles/000/historical-overview-of-fallen-timbers-battlefield-and-fort-miamis.htm

General Wayne’s Report to War Department about the Battle of Fallen Timbers, Aug. 28, 1794: https://wardepartmentpapers.org/document/47769

VIDEO: The Battle of Fallen Timbers: https://www.c-span.org/clip/interview/the-battle-of-fallen-timbers/4824869

The Battle of the Wabash and the Battle of Fort Recovery: Mapping the Battlefield Landscape: https://www.bsu.edu/-/media/www/departmentalcontent/aal/aalpdfs/abpp%20composite%20map%20document%20final.pdf

Treaty of Greeneville (full text): https://avalon.law.yale.edu/18th_century/greenvil.asp

Blair, Bryce D. The Battle of Fallen Timbers and the Treaty of Fort Greeneville, Univ. of Toledo [Master’s Thesis] 2005: https://etd.ohiolink.edu/acprod/odb_etd/ws/send_file/send?accession=toledo1125440393&disposition=inline

Kent, Charles A., and A. M. “The Treaty of Greenville. August 3, 1795.” Journal of the Illinois State Historical Society (1908-1984), vol. 10, no. 4, 1918, pp. 568–84. JSTOR, http://www.jstor.org/stable/40190685

Nelson, Paul David. “‘Mad’ Anthony Wayne and the Kentuckians of the 1790s.” The Register of the Kentucky Historical Society, vol. 84, no. 1, 1986, pp. 1–17. JSTOR, http://www.jstor.org/stable/23381138

Quaife, M. M. “General James Wilkinson’s Narrative of the Fallen Timbers Campaign.” The Mississippi Valley Historical Review, vol. 16, no. 1, 1929, pp. 81–90. JSTOR, https://doi.org/10.2307/1898529

Robb, H. L. “‘Mad Anthony’ Wayne’s Campaign Against the Indians in Ohio 1792-1794.” The Military Engineer, vol. 13, no. 72, 1921, pp. 474–77. JSTOR, http://www.jstor.org/stable/44605454

Rusche, Timothy M. “Treachery Within The United States Army.” Pennsylvania History: A Journal of Mid-Atlantic Studies, vol. 65, no. 4, 1998, pp. 478–91. JSTOR, http://www.jstor.org/stable/27774142

Seelinger, Matthew J. “‘Mad’ Anthony’s Finest Hour: The Battle of Fallen Timbers.” On Point, vol. 8, no. 3, 2002, pp. 11–1. JSTOR, http://www.jstor.org/stable/44610171

Tucker, Patrick M.. “From Fallen Timbers to the British Evacuation of Detroit, 1794-1796: The Roman Catholic Priest Who Was a British Agent.” Michigan Historical Review, vol. 37, no. 1, 2011, pp. 40–76. JSTOR, https://doi.org/10.5342/michhistrevi.37.1.0041

Free eBooks
(from archive.org unless noted)

Little Turtle, Chief of the Miami, Public Library of Fort Wayne and Allen County, 1954. 

Gunckel, John E. Early History of the Maumee Valley, Toledo: Henry M. Schmit: 1913. 

Smith, Dwight L. From Greene Ville to Fallen Timbers: A Journal of the Wayne Campaign, July 28-September 14, 1794, Indianapolis, Indiana Historical Society, 1952. 

Spears, John R. Anthony Wayne, New York: D. Appleton and Co. 1903. 

Young, Calvin M. Little Turtle (Me-she-kin-no-quah): The Great Chief of the Miami Indian Nation, Public Library of Fort Wayne and Allen County, 1917 (1956 reprint). 

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Carter, Harvey L. The Life and Times of Little Turtle: First Sagamore of the Wabash, Univ. of Ill. Press, 1986. 

Eckert, Allen W. Blue Jacket: War Chief of the Shawnees, Landfall Press, 1983. 

Gaff, Alan D. Bayonets in the Wilderness: Anthony Wayne’s Legion in the Old Northwest, Univ. of Oklahoma Press, 2004. 

Hogeland, William Autumn of the Black Snake: The Creation of the U.S. Army and the Invasion That Opened the West, Farrar, Straus and Giroux, 2017. 

Hurt, R. Douglas The Ohio Frontier: Crucible of the Old Northwest, 1720–1830, Indiana Univ. Press, 1996. (Chapter on fallen Timbers available on JSTOR).

Nelson, Paul D. Anthony Wayne: Soldier of the Early Republic, Indiana Univ. Press, 1985. 

Stockwell, Mary Unlikely General: "Mad" Anthony Wayne and the Battle for America, Yale Univ. Press 2018. 

Sugden, John Blue Jacket: Warrior of the Shawnees, Univ. of Nebraska Press, 2000. 

Sword, Wiley President Washington's Indian War : the struggle for the Old Northwest, 1790-1795, Univ. of Oklahoma Press, 1985. 

Westrick, Dave, The Battle of Fallen Timbers, The History Press, 2025. 

* As an Amazon Associate I earn from qualifying purchases.


 

Sunday, May 31, 2026

ARP388 The Age of Reason

Most of us remember Thomas Paine for his writings at the beginning of the Revolutionary War: Common Sense and The Crisis, both published in 1776.  But Paine had a whole interesting life after that.  As we move through 1794 and 1796, Paine published another one of his major works, The Age of Reason.  I thought this would be a good time to catch up with what he has been doing.

Paine Finishes the Revolution

Early in the war, Paine was a radical’s radical.  He was among the first to call for independence publicly, and doing away with monarchy entirely.  His writings pushed for the abolition of slavery, universal male suffrage, public education, public housing, employment assistance, a progressive income tax, social security, and many other reforms that would take generations to see the light of day.

Thomas Paine
Paine also did not let personal relationships get in the way of good policy.  In 1778 and 1779, Robert Morris and Paine were bitter opponents, mostly fighting over the Silas Deane Affair.  In late 1779, Paine received an appointment to serve as the Clerk of the Pennsylvania Assembly.  He helped raise money the following year for Morris’ Bank of North America, seeing it as critical to financing the war effort.  He even donated much of his own salary to the project.  

In late October of 1780, he published the tenth installment of his Crisis Series.  In The Crisis Extraordinary calling for higher taxes to fund the war effort.  He began working much more closely with Morris on financial matters.  Two men who had been bitter opponents managed to find common ground and work closely together.

During the bitter dispute over Silas Deane, Paine had been on the side of men like Richard Henry Lee.  Despite their friendship, Paine published an essay called Public Good at the end of 1780, arguing that western lands belonged to the United States, not Virginia.  This created division between Paine and many leaders from Virginia, including Lee.

In early 1781, Pained sailed to France in order to assist in the appeals for more financial assistance from Versailles. His trip was a great success. Paine personally sailed back with a shipload of silver French livres, arriving back in Boston in August.  He organized and carried this money to Philadelphia by wagon.  This gift from King Louis helped to fund the Yorktown Campaign.

Despite all of his work in finance, Paine was always broke.  Anytime he made any money, he donated it to the cause.  As the war wound down in 1782, Robert Morris, along with George Washington and Robert Livingston, helped to get Paine a job writing articles to raise public support for more taxes to keep the war effort going.

In 1783, he wrote his 13th and final installment of The Crisis series, beginning it with “The times that tried men’s soles are over — and the greatest and compleatest revolution the world ever knew is gloriously and happily accomplished.”  His essay continued in a way that would make the most conservative federalists proud - calling for a more secure union and paying off all the war debts.

Post-War

Following the war, Paine began to turn away from politics.  Instead he hoped to focus on science and working on new inventions.  He began working on a new type of single arched iron bridge as well as a smokeless candle.  

Unlike many patriots who had sacrificed so much for the war effort, Paine managed to receive considerable rewards for his work.  New York, grateful for Paine’s wartime efforts, gave him a 277 acre farm in New Rochelle.  The property had been confiscated from a loyalist named Frederick Devoe and was valued at over £1,100.  In addition, Pennsylvania awarded him £500 cash.  The Confederation Congress gave him $3000.

Paine continued to write on behalf of federalist causes.  In 1786 he published Dissertations on Government defending the Bank of North America.

He did not stick around for the debate over the Constitution though.  In April of 1787, Paine sailed to France.  He wanted the French Academy of Science to approve his designed for a single arched iron bridge.  His design would make bridge building much easier.  After receiving approval, he sailed to London and visited his mother.

You might think that British officials might take offense at a returning subject who had written so many works against the king.  Many of his works would be considered treason under British law.  But officials didn’t seem to mind his presence.  Paine remained in Britain for several years, helping to build several of his iron arched bridges.  It’s not like Paine kept a low profile either.  He published Prospects on the Rubicon calling on Britain to avoid a war with France.  While his opinions received criticism, the government took no action against him.  Edmund Burke even invited Paine to visit his estate.  The two men spent a week together discussing a whole range of things and parted as friends.

When the French Revolution began in 1789, Paine crossed the channel to get involved there.  After the fall of the Bastille, Lafayette gave Paine the key to the Bastille to carry to George Washington.

The French Revolution turned Paine back to his radical ways.  His old friend Burke wrote an essay critical of the Revolution, Paine responded by writing the Rights of Man.  In it, Paine fleshed out many of his radical views, calling for an end to hereditary power, praising the benefits of a representative republic, and advocating for a welfare state to help the working class benefit more from society’s productivity.  His book sold over 1.5 million copies in Britain.

Back to France

Paine’s attacks on monarchy did not differ greatly from his earlier writings in America, but this time, officials decided that his publications were going a little too far. Getting Americans to dump the king was one thing.  Encouraging British subjects in England to do the same was quite another.  King George released a proclamation against seditious writings and prosecutors charged Paine with sedition.  Prosecutors explicitly targeted his notions that all hereditary government is by its very nature tyranny since people living today have no say in who governs them.  After issuing an indictment in the spring of 1792, the trial was delayed until December.

In the meantime, revolutionaries in France thought much better of Paine’s ideas.  So much so, that they elected the Englishman to the French Convention. Paine gave the matter careful thought to his options and decided that serving as a French legislator was better than rotting in a British prison for sedition.  He fled the country in September and sailed over to France.  The British held his trial anyway. He was convicted of sedition in absentia and declared an outlaw.  Jingoists held up Paine as a despicable character, leading him being burned in effigy in towns all across Britain.

In France, he received a hero’s welcome.  He represented Calais, because, why not? On his first full day at the Convention, Paine joined in a unanimous vote to abolish the French monarchy and establish a republic. 

Keep in mind that King Louis was still alive at this point.  The next step for the Convention was to put Louis on trial for the conspiracy of kings against liberty.  While Paine went along with finding Louis guilty, he voted against the death penalty.  Instead he argued that Louis should be imprisoned and later banished to the United States.  Killing him would alienate Americans, who still held gratitude for the king’s support of the American Revolution.

Despite his pleas, the Convention sent Louis to the guillotine.  But Paine’s arguments against the execution made him a target of the radicals.  At the end of 1793, the Jacobins took power in the Convention.  One of the first things they did was vote to exclude all foreigners from the Convention.  This was clearly directed at Paine.  A few days later, they ordered Paine arrested and threw him in prison.

This was an especially bad time to be in a French prison.  The Reign of Terror had just begun, meaning thousands were being sent to the guillotines for the smallest infractions.  One might have thought that Paine being a hero of the American Revolution might help him. France was still trying to get the US to join France in the European war on monarchy.  The American Minister in France, Gouverneur Morris, who never liked Paine, told French officials that Paine was not an American citizen and that the US was not seeking any special protections for him.

As a result, Paine was marked for death, literally.  Officials wanted to purge all the political prisoners in Luxembourg Prison, where Paine was being held.  They put a chalk mark on the cell doors of all prisoners who would be executed the following day.  Paine’s door received the mark for execution. Fortunately for Paine, his cell door was wide open when the guy with the chalk came by.  He put the chalk mark on the door.  But after the door was closed, the mark was on the inside.  The people collecting the prisoners for execution the following morning did not see it and passed by his cell.

This mistake might have been corrected after officials discovered that Paine was still attached to his head.  But Paine then fell ill with a high fever which rendered him nearly unconscious.  Officials delayed bringing him before the revolutionary tribunal because he was apparently too sick to be executed.

Paine’s imprisonment finally ended after about ten months.  Gouverneur Morris was recalled and James Monroe took his place as US Minister to France.  Unlike Morris, Monroe declared that Paine was an American citizen and that has a hero of the American Revolution.  He told officials that the US would be grateful they showed leniency with Paine.

By this time also, the Reign of Terror had ended.  Its architect Maximilien Robespierre had been introduced to the guillotine himself.   Officials released Paine in November of 1794, and a month later, actually invited him to return to his seat at the Convention.  Paine went back to arguing for a true republic.  His final major speech came in July of 1795, when he argued against limiting voting rights to property owners.  Shortly after that, the Convention dissolved.  Paine was not elected to the new convention.

Prison, however, had taken its toll.  In addition to helping him get released, Monroe opened up his home to Paine for his recovery.  Paine was still suffering from the diseases that he had contracted in prison.  Paine lived in Monroe’s home, and under his care for about a year and a half.  Monroe covered all of his food and medical costs. The luxury of the residence of the US ambassador at La Folie de la Bouexière.  Paine used this time not only to recover, but also to complete his work on The Age of Reason.  Eventually, Paine would leave the care of the US ambassador.  Paine wrote a vicious public letter condemning President Washington for letting Paine rot in a French prison for so long.  Following publication of that letter, Monroe decided it was better if Paine found another place to live.

Age of Reason

Paine told friends that his survival of the reign of terror wasn’t just luck, but that the hand of providence must have been involved.  If that was true, Paine decided to bite the hand that fed him by publishing The Age of Reason.

Paine actually began writing this book before he went to prison.  There is some evidence that he had been working on it for years.  He dropped off part one of the work with his friend for safe keeping as he was on his way to prison.  He wrote some of part 2 while in prison, with the remainder written after his release.

The Age of Reason covered Paine’s views on religion.  Paine considered himself to be a deist.  Some people think that deism is a lack of belief in God.  It really isn’t.  Paine begins his book by stating that he believed in one God, and that there is a duty of all men to do justice, to love, and to show mercy to one another.

From there, Paine announced that he opposed all organized religions, saying that they are human inventions designed to terrify and enslave mankind so that leaders could monopolize power for themselves.  He argues that even if God would reveal messages to a particular person, there is no way for others to verify that.  His attacks on religious leaders were just as brutal as his earlier attacks on aristocracy.

His book continues by denying the divinity of Jesus.  Paine claims that, while Jesus taught a benevolent morality, the miracles and other fables associated with Jesus were written by others centuries later.  Christian mythology, he argued, is actually a composite of stories found in earlier heathen religions. 

Instead, Paine finds the proof of God in the miracles of nature.  The vast universe that supports mankind and gives us reason is what Paine reveres.  He declares “my own mind is my own church.”  God is the creator of all things that make life possible.  He also notes the vastness of the universe, making the focus on our tiny planet ridiculous.

Paine focuses on how organized religion keeps us from understanding God’s creation.  The Church’s use of dead languages and persecution of scientists like Galileo are evidence of this.  He identifies the use of mystery, miracle, and prophecy as the tools used to impose religion and keep us from truly understanding God.

Part II of his book is a detailed look at each book of the old and new testaments critiquing the stories and pointing out historical contradictions to prove that these stories were made up by religious leaders long after the fact.

Paine concludes his work by reaffirming his view that only rational belief and reason can help us to understand God though understanding science and the universe.  It is only through the freedom of opinion and the use of reason that truth will eventually prevail.

Public Response

From the very beginning, Paine’s attack on religion was not received well. It is probably not surprising that some of the most brutal reactions came in Great Britain, where Paine was already considered an outlaw and a crazed radical for rejecting monarchy and aristocracy.

While the author was out of the reach of British authorities, several people who published or sold the book were prosecuted for blasphemous libel.  One of the lawyers who aided in the prosecution, Thomas Erskine, was the same lawyer who had defended Paine for writing The Rights of Man.

Before the government suppressed the work, printers had made and sold thousands of copies in Britain.  These continued to circulate among British readers.

The British clergy also roundly condemned the work from the pulpit.  At least thirty six formal answers were also published by various defenders of religion. The most famous was probably Bishop Richard Watson’s Apology for the Bible.  Watson warned potential readers that Paine would “unsettle the faith of thousands, and lead to “public insecurity”.  At the same time though, he noted that some of Paine’s criticisms of some biblical passages seemed to have some merit.

The response to the book in America was similarly hostile.  Paine printed 15,000 copies of his book in Paris and shipped them to Benjamin Franklin Bache for sale in America.  

Although the federal government did not ban the book, it was roundly attacked and very unpopular.  Political radicals who had favored Paine’s earlier writings that attacked efforts by the aristocracy to limit our freedom balked at Paine’s similar criticisms of organized religion.

Once again, people who had associations with Paine tended to pay the price for this controversy.  Federalists used Thomas Jefferson’s association with Thomas Paine to attack him.  Jefferson would eventually have to publicly distance himself from Paine’s ideas, although he did not reject Paine personally.  

Others were not so kind. Benjamin Rush had been very close with Paine from the time Paine first arrived in America before the Revolutionary War began.  Rush refused even to meet with Paine after he returned to America many years later.  Other radicals who had used Paine’s earlier works to further the Revolution also turned on him  Samuel Adams proclaimed astonishment that Paine had turned his mind to a “defence of infidelity.”

Rise of Theophilanthropy

Even the French reception of the book was mixed.  Paine had written his book in English, but his friend, Francois Lanthenas, translated and published a French version of part 1 in 1793, while Paine was still in prison.  The radical Jacobin government that favored atheism objected to the book.  The government effectively suppressed this early version of the book.  

Paine said that one intention in writing the work was to prevent people from accepting atheism.  He believed that deism made more sense.  This position drew criticism from both the radical atheists, as well as the conservatives who still favored some version of organized religion.  The atheist radicals believed that even deism, which accepted a belief in God, could be used to justify monarchy.  

Following Paine’s release from prison and the end of the reign of terror, French intelligentsia began to warm up to Paine’s ideas.  Robespierre had tried to replace Catholicism with the Cult of the Supreme Being in France, which seemed very compatible with Paine’s ideas. This eventually gave rise to Theophilanthropy as the religious replacement for Catholicism.  Theophilanthropy, which is loosely translated from Greek as "Friends of God and Man”.  Its adherents accepted the existence of God and the immortality of the soul, but rejected traditional theology. Instead, principles of behavior were based on rationalism and utilitarian morality.

In January of 1797, Paine helped to launch the first Church of Theophilanthropy at the former Church of St Catherine in Paris.

Paine gave the inaugural address for the new religion with only five families in attendance.  He put forward that theology should be combined with scientific instruction - learning how the universe works was the closest we could come to understanding the hand of God in its creation.

Next week, we return to war in Ohio as General Mad Anthony Wayne fights the Battle of Fallen Timbers.

 - - -

Next Episode 389 Battle of Fallen Timbers (coming soon)

Previous Episode 387 The Jay Treaty

Next month's Round Table Book: The Banker Who Made America: Thomas Willing and the Rise of the American Financial Aristocracy, 1731-1821, by Richard Vague - Go to https://bookshop.org/shop/ARP. Find the book in my bookshop and use the code ARP15 to save 15% off the price.

 Contact me via email at mtroy.history@gmail.com

 Follow the podcast on X (formerly Twitter) @AmRevPodcast

 Join the Facebook group, American Revolution Podcast 

 Join American Revolution Podcast on Quora 
 
Discuss the AmRev Podcast on Reddit

American Revolution Podcast Merch!

T-shirts, hoodies, mugs, pillows, totes, notebooks, wall art, and more.  Get your favorite American Revolution logo today.  Help support this podcast.  https://merch.amrevpodcast.com


American Revolution Podcast is distributed 100% free of charge. If you can chip in to help defray my costs, I'd appreciate whatever you can give.  Make a one time donation through my PayPal account. You may also donate via Venmo (@Michael-Troy-20).


Click here to see my Patreon Page
You can support the American Revolution Podcast as a Patreon subscriber.  This is an option making monthly pledges.  Patreon support will give you access to ad-free episodes, podcast extras, and help make the podcast a sustainable project.

An alternative to Patreon is SubscribeStar.  For anyone who has problems with Patreon, you can get the same benefits by subscribing at SubscribeStar.

Signup for the AmRev Podcast Mail List

* indicates required

Further Reading

Websites

Thomas Paine Historical Association: https://thomaspaine.org

Dissertations on Government: https://thomaspaine.org/essays/american-politics-and-government/dissertations-on-government

Thomas Paine’s letter to George Washington: https://thomaspaine.org/major-works/letter-to-george-washington

“Thomas Paine to George Washington, 20 September 1795,” Founders Online, National Archives, https://founders.archives.gov/documents/Washington/05-18-02-0463.

“Thomas Paine to George Washington, 30 July 1796,” Founders Online, National Archives, https://founders.archives.gov/documents/Washington/05-20-02-0329.

Lyttle, Charles. “Deistic Piety in the Cults of the French Revolution.” Church History, vol. 2, no. 1, 1933, pp. 22–40. JSTOR, http://www.jstor.org/stable/3691955

Prochaska, Franklyn K. “Thomas Paine’s The Age of Reason Revisited.” Journal of the History of Ideas, vol. 33, no. 4, 1972, pp. 561–76. JSTOR, https://doi.org/10.2307/2708857

Voelker, David J., and Mark A. Noll. “Thomas Paine’s Civil Religion of Reason.” Forgotten Founders on Religion and Public Life, edited by Daniel L. Dreisbach et al., University of Notre Dame Press, 2009, pp. 171–95. JSTOR, https://doi.org/10.2307/jj.21995863.12

Walters, Kerry S. “Thomas Paine: My Own Mind Is My Own Church.” The American Deists: Voices of Reason and Dissent in the Early Republic, University Press of Kansas, 1992, pp. 209–39. JSTOR, https://doi.org/10.2307/j.ctv1p2gmcn.9

Free eBooks
(from archive.org unless noted)

“The Sovereign as God? Theophilanthropy and the Politics of the Directory 1795-99” Religion and rebellion: papers read before the 22nd Irish Conference of Historians, held at University College Dublin, 18-22 May 1995, Univ. College Dublin Press, 1997 (borrow only). 

Conway, Moncure D. The Life of Thomas Paine, Vol 1 & Vol 2 New York: G.P. Putnam’s Sons 1908. 

Paine, Thomas Prospects on the Rubicon, London: J. Debrett, 1787. 

Paine, Thomas The Age of Reason, New York: G.P. Putnam’s Sons, 1896. 

Paine, Thomas The Great Works Of Thomas Paine - Political And Theological - Complete, New York: D.M. Bennett, 1878. 

Vale, Gilbert The Life of Thomas Paine with Critical and Explanatory Observations on his Writings, Boston: J.P. Mendum, 1876. 

Watson, Richard An Apology for the Bible, in a Series of Letters, Addressed to Thomas Paine, London: T. Evans, 1796. 


 Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Aldridge, Alfred Owen Man of Reason, the Life of Thomas Paine, Lippincott, 1959 (borrow on archive.org). 

Dreisbach, Daniel et. al (ed) Forgotten Founders on Religion and Public Life, Univ. of Notre Dame Press, 2009. 

Speck, W.A. A Political Biography of Thomas Paine, Routledge, 2013. 

Unger, Harlow G. Thomas Paine and the Clarion Call for American Independence, Grand Central Publishing, 2019. 

* As an Amazon Associate I earn from qualifying purchases.

Sunday, May 24, 2026

AR-SP50 250th Plans at the National Parks

 

Our May 2026 American Revolution Round Table was joined by four special guests: 

  • Alex Robb, Washington Crossing Historic Park, PA
  • Mark Sirak, Washington Crossing State Park, NJ
  • Mark Turdo, Old Barracks Museum, NJ
  • Will Krakower, Princeton Battlefield State Park, NJ

Each of them shared their preparations for the 250th anniversaries taking place later this year.  Each of their sites have seen major upgrades that will make the anniversary celebrations more memorable, and will also add permanent improvements to the historical sites.

For more details on these events, go to www.tencrucialdays250.org


To see upcoming roundtable events, or listen to past recordings, go to AmRevRT.org

To participate live in future Zoom events, be sure to join as a member on Patreon, or sign up for my mailing list,


Click here to see my Patreon Page
You can support the American Revolution Podcast as a Patreon subscriber.  This is an option making monthly pledges.  Patreon support will give you access to Podcast extras and help make the podcast a sustainable project.


Signup for the AmRev Podcast Mail List

* indicates required

Sunday, May 17, 2026

ARP387 The Jay Treaty

Imagine walking through a major city and seeing crowds of people seething in anger to the point where they were guillotining or burning in effigy, the Chief Justice of the United States.  This happened in many towns and cities across America in the summer of 1795.  The focus of their wrath was Chief Justice John Jay.  This was not over any Supreme Court decision.  Instead, it was over a treaty that Jay had negotiated with Britain to prevent another war between the two countries. This would become known as the Jay Treaty - perhaps the most hated treaty in all of American history.

To understand the reasons for this level of hatred, we need to understand why the US needed the treaty, and why it was so controversial. As we’ve discussed over the last few episodes, pretty much all of Europe was at war with France in the early 1790s following the French Revolution.  

The US, still struggling under debts from the Revolutionary War, was in no mood to get involved in a new war.  President Washington desperately tried to maintain US neutrality.  That would prevent the necessity to spend money on a wartime army and navy, while still trying to maintain the trade necessary to fund the government through tariffs. It was with this concern that Washington sent John Jay to Britain to negotiate a treaty.

Need for Negotiations

The friction between Britain and the US never really ended after the Revolutionary War.  Many in Britain thought that the 1783 peace treaty was just a temporary measure so that they could stop fighting in America and focus on the war with France and Spain.  Over time, these British leaders believed that the former colonies would find themselves in trouble without a large power to protect them, and would want to return to the British Empire.  As a result, these advocates wanted to keep the new United States in as miserable of a condition as possible, until they made the decision to return.

John Jay & The Jay Treaty
The British had never given up their outposts in the Northwest territory. These outposts  continued to supply the Native American population with guns and encouraged them to resist encroachment from the American settlers.  Britain had also barred American ships from trading with the British West Indies, thus crippling American trade.

When Britain went to war with France, it pushed the matter even further.  In June of 1793, the British government ordered its navy to seize any neutral ships carrying food to sell to France.  In November, Britain expanded its orders to seize neutral ships trading with French colonies as well.  These colonies had become major US trading partners.  As a result, the British seized hundreds of ships in early 1794.  On the ships it captured, it continued to impress American sailors into British service.

British aggression was not limited to the high seas.  It also increased hostilities on the frontier.  In early 1794, Canada’s Governor, Guy Carleton, now called Lord Dorchester, told a delegation of Indians that he expected a new war to break out between the US and Britain.  For several years the Lieutenant Governor of Upper Canada, John Graves Simcoe, had been calling for the establishment of a buffer state controlled by Native Americans, in western those lands ceded to America in the peace treaty.  British forces still maintained their outpost at Detroit.  They pushed this further, by building a new Fort Miamis, which is near modern day Toledo, Ohio.

Congress, which still had no navy, and not much of an army, could do little about any of this.  At the end of March, Congress closed all American ports for 30 days, essentially ending all foreign trade.  The reasoning was that American ships trading with anyone other than Britain would likely be seized, and America wanted to stop trade with Britain in hopes that it would encourage Britain to change its policies.  Over the following weeks, the Democratic-Republicans in Congress, led by James Madison, pushed for a sequestration of debts to Britain.  Essentially, if an American business owed money to anyone in Britain, they would have to give that money to the US government instead, so that it could be used to pay for the damages inflicted by the British.  The Federalists managed to kill the proposal.

America’s Ambassador to Britain, Thomas Pinckney, had no diplomatic experience before he got there.  The South Carolinian had served as a Continental officer during the war  He was elected governor after the war and led South Carolina through ratification of the US Constitution.  He had been in London for a little over a year when things really began to heat up.  As Ambassador, he protested Britain’s growing presence in US frontier territories, the seizure of neutral US merchant ships, and the impressment of US sailors.

Britain’s foreign minister, Lord Grenville, seemed unconcerned by these protests.  He pushed back, arguing that the US had failed to live up to the peace treaty, and had still not allowed the collection of British debts in America.  Britain had no real need to be concerned since the US had no military to back up its protests with any sort of force.  Pinckney’s reports back to America made clear Britain had no intention of changing its policies and that British officials were unconcerned that the US might declare war on Britain.

Jay’s Appointment

President Washington knew that diplomacy was his only option.  War with Britain would be a disaster.  He needed to send someone to London who could negotiate some way out of this.  The problem was that the US did not have much of a diplomatic corps.  

Benjamin Franklin, of course was dead by this time. John Adams had spent years at the Court of St. James, but he was already Vice President.  Despite this experience, Washington did not really trust Adams as a good negotiator.  He floated the idea to several people who argued that Adams would be a bad choice.  

Washington also considered sending Thomas Jefferson, who had resigned as Secretary of State at the end of 1793.  Advisors counseled against Jefferson’s appointment.  He was too pro-French and did not seem politically aligned with the President’s goals.  There were similar criticisms made about appointing James Madison.  

The US Ambassador to France Gouverneur Morris had already traveled to London for negotiations.  The British essentially dismissed him as too combative and too pro-French.  The choice had to be someone who would be a little more aligned with British interests.

Washington considered giving the job to Alexander Hamilton.  Although Hamilton had no real diplomatic experience, he seemed capable and was strongly aligned with the faction that wanted a better relationship with Britain.  By this time, however, Hamilton had become a political lightning rod.  His appointment would have invited strong Republican opposition.  Washington wanted a Federalist, but not someone that controversial. He eventually turned to John Jay.

Jay had been part of the team that negotiated the final peace treaty with Britain.  He had spent years serving in Europe and then as the Secretary of Foreign Affairs for the Confederation Congress.  Jay would also be acceptable to Britain.  

In 1786, Jay had written a report for the Confederation Congress justifying Britain’s continued occupation to frontier posts because the US had refused to allow British recovery of debts against American merchants in US courts.  Jay’s report had been meant to encourage Congress to take further steps to allow the collection of debts and was meant to remain secret.  But for some inexplicable reason, Jay gave a copy of his report to the British Ambassador.  This report made its way to London.  It told British officials that Jay was amenable to the British position.  The Americans did not know this, but it weakened Jay’s negotiating position from the start.

The problem with Jay’s nomination was that he was already serving on the Supreme Court as Chief Justice.  After Washington nominated Jay, a number of Senators objected that it was unconstitutional for someone to hold two government jobs.  Despite these objections, the Senate approved the appointment.  John Jay sailed for London on May 12, 1794.

Negotiations

The trans-Atlantic trip was a relatively fast one, Jay arrived in London on June 15th.  The British received him with the respect that was due to a diplomat.  He met with Foreign Minister Lord Grenville a few days after his arrival.  He also received a formal introduction to King George III a few weeks later.

Things seemed to get off to a good start.  Both parties agreed to the end of aggressive measures in the Northwest Territory, and that both sides would maintain the status quo during negotiations.  Negotiations continued through July and into August.  Jay completed his first proposed treaty on August 6th, calling for the British evacuation of posts on American territory, compensation for ships seized by the British, and access for American ships to the British West Indies.

A few weeks later, Grenville countered with the British proposal.  He suggested that boundaries between Canada and the US needed to be adjusted so that Britain had access to the Mississippi River.  He was open to trade in the West Indies, but only for smaller ships, under 70 tons. These ships could not profitably make the trans-Atlantic voyage and therefore would limit trade between the US and the West Indies.  It would essentially create a British monopoly on trade between the West Indies and Europe.

Jay objected to these British proposals.  Giving up over 35,000 acres of US territory to give Britain access to the Mississippi River would be unacceptable.  He also objected to the size limitation on US ships.  The US were not British colonies and Britain should not be permitted to dictate how American merchant ships conducted trade in the West Indies. 

One of Jay’s instructions was to push for the reimbursement of slaves taken during the Revolutionary War.  This had been a provision in the 1783 peace treaty that the British simply ignored.  Grenville argued that if slaves on their own traveled into British lines during the war, they were no longer considered the property of their masters and Britain should be free to allow them to leave the country.  This was a difficult point for Jay to argue since he personally opposed slavery.  Eventually he let the matter drop.

Another big issue was British arming and supplying Indian tribes in the Northwest Territory.  Britain insisted on being permitted to trade with them, but agreed not to try to forge political ties or supply them in wars against the US.  Jay called for a total demilitarization of the Great Lakes area, to which Grenville seemed amenable.  Britain also agreed to limit what it considered contraband in order to allow American shipments of food and other raw materials to Europe.

Jay and Grenville debated back and forth for weeks.  These were private talks,  Even their secretaries did not participate and we don't have any formal records of their discussions.  

The main reason Britain was willing to debate at all was the fear that the US might join the League of Armed Neutrality.  If it did, this might draw other European powers into a war against Britain.  Even though the US had no navy of its own, attacks on American shipping could result in other European navies coming to the assistance of the US.

By the end of September, Jay submitted a draft treaty, including free trade and other expansive rights for neutral shipping.  It also prohibited British treaties with Indian tribes in US territory and affirmed that neither country would arm tribes or encourage war.  It also called for a demilitarization of the Great Lakes region, the right of free trade worldwide, except for a limitation on specific contraband items going to Britain’s enemies.  It barred the impressment of sailors and that Britain would reduce certain import tariffs.

The British, however, began to harden their negotiations and take a more aggressive stance.  Apparently, Alexander Hamilton had told the British Ambassador to the US that America had no interest in joining the League of Armed Neutrality.  The Administration wanted to stay out of European entanglements.  The ambassador, of course, relayed this information to London.  

This news reached Grenville on September 30, the same day Jay submitted his draft treaty.  Grenville realized that the strongest card that the US had to play against Britain in the negotiations was a bluff. Therefore, Britain could pretty much dictate whatever terms it wanted and the US could do little about it. 

Britain still saw some value in completing a treaty on its own terms, but it began to reject many of the tentative agreements that the parties had already reached.  Grenville rejected the idea that Britain could not make agreements, treaties, or alliances with Indian tribes in the Northwest Territory.  He called for the removal of provisions that Britain would try to restrain their Indians from conducting war against the US.  He dropped the idea of disarmament around the Great Lakes or even giving a firm commitment to withdraw British posts from US territory.

Britain demanded the authority to search any ship on the open seas for anything that it considered to be contraband.  It also wanted the definition of contraband to be just about anything headed to Europe other than food.

Final Treaty

Jay had to make continued concessions to get anywhere.  Finally, by November, the two parties had worked out a final agreement.  The British finally agreed to remove their military garrisons from US territory, but only by June 1, 1796, about a year and a half later.  Both countries agreed to appoint a three member commission to resolve boundary disputes. 

Anyone would be permitted to cross the US Canadian border for issues of trade.  Britain and the US agreed that either of them could use the Mississippi River, although since Spain controlled most of the river, it was unclear what this would mean.

A commission would be set up in the US to adjudicate claims from British merchants who were still trying to collect debts from before the Revolution.  Another commission would be set up in London to adjudicate seizures of US merchant ships.  The US also agreed to compensate British merchant ships for seizures that ended up in US ports during the Citizen Genet controversy.

Trade with the British West Indies was limited to smaller ships of 70 tons or less.  Addressing the Republicans threat to sequester or confiscate private British funds, the treaty prohibited this, even if the countries went to war.  Britain would still be free to seize ships at sea, but if Britain captured food cargo, it would at least reimburse the owners for the value.

Overall, it really didn’t resolve any of the American complaints, but Jay thought that it would at least prevent an open war with Britain.  He and Lord Grenville both signed the treaty on November 19, 1794.  

Ratification

The next step was getting the treaty back to America for presidential approval, and Senate ratification.  Even that proved difficult.  Three copies of the treaty were sent across the ocean.  French ships managed to stop all three of them.  Two of the ships dumped the treaties overboard to prevent capture by the enemy.  The third copy did make it, but took three and a half months during a brutal winter passage to reach America.  During a French naval search of that ship, the courier opted to hide the treaty rather than toss it.  He arrived in Philadelphia on March 7, 1795, four days after Congress had ended its session and gone home.

Americans got word of the treaty more than a month earlier.  In late January, Benjamin Franklin Bache published news that a treaty had been signed in London, but no one knew the details.  Rumors swirled. Republicans feared the worst.  President Washington did not help quell these concerns when, after he received the treaty, he opted to keep its terms a secret.

Jay personally had a difficult voyage back to America.  His six weeks at sea traveled through constant storms, including 32 consecutive days of rain.  He finally reached New York at the end of May.  The treaty terms were still a secret to almost everyone and Jay wasn’t revealing anything either.  

One big surprise for Jay was that he had been elected Governor of New York during his absence.  Recall that Jay had run against Governor Clinton three years earlier.  He had won the popular vote then, but Clinton managed to win the election by having the ballots of three counties invalidated.  In 1795, Clinton announced that he would not seek another term.  Voters, many of whom were still outraged by that stolen election, swept Jay into office without him even knowing anything about it.  Upon learning the news, Jay resigned his office as Chief Justice and was sworn in as governor.

Meanwhile all Americans, except for President Washington and a few close advisors, remained in the dark about the terms of the Jay treaty.  Washington called the Senate back into a special session to debate the treaty.  While the Senators were able to read the treaty, they adopted a gag order forbidding all Senators from revealing the treaty’s contents. Inevitably though, Senators began leaking some information fueling public concerns.

The Federalist majority managed to block all the Republican efforts to make changes to the treaty.  A treaty would require a two-thirds vote.  The Senate could not go along with Article XII, which limited the sizes of ships that could trade with the British West Indies and also prohibited the export of the products which were mainly produced in the West Indies, including sugar, coffee, cotton, and cocoa and molasses.  With that change, the Senate gave its provisional consent by a vote of 20-10, just passing the necessary two-thirds approval, on June 24, 1795.

Public Reaction

Even after passage, the Senate maintained the gag order.  By this time though, leaks and rumors were all through the public press.  A few days after the final vote, one of the opponents, Senator Stevens Mason of Virginia, gave a copy of the treaty to Benjamin Franklin Bache, editor of the anti-administration newspaper The Aurora.  On July 1, Bache published the full text.

As expected, Americans were outraged by the treaty’s terms.  It achieved almost nothing that Americans wanted, and actually legitimized some of the actions the British were doing to Americans.  Protests turned into mob riots across America.  Jay was burned in effigy.  A Philadelphia mob burned a copy of the treaty in right front of the British Ambassador’s residence, then used stones to shatter all of his windows.  One Bostonian wrote on a wall “Damn John Jay! Damn everyone who won’t damn John Jay!” Another mob in Boston burned a British ship that they believed was acting as a privateer.  

Alexander Hamilton tried to give a speech supporting the treaty in New York City, but was driven away by mobs throwing stones at him.  Republicans organized town meetings calling for a rejection of the treaty.  While Federalists attempted to run some rallies in support of the treaty, these were overwhelmed by the rallies against it.

Despite the outrage, President Washington signed the treaty on August 14, 1795.  Washington was not happy with the treaty either but without a navy and without a sizable army, the treaty was the only way the US could avoid war with Britain.  The British Parliament accepted the treaty without Article XII, and the Jay treaty became the law of the land.

Next Week: Thomas Paine brings us The Age of Reason.

 - - -

Next Episode 388 The Age of Reason 

Previous Episode 386 Confronting Rebellion, 1794

Next month's Round Table Book: The Banker Who Made America: Thomas Willing and the Rise of the American Financial Aristocracy, 1731-1821, by Richard Vague - Go to https://bookshop.org/shop/ARP. Find the book in my bookshop and use the code ARP15 to save 15% off the price.

 Contact me via email at mtroy.history@gmail.com

 Follow the podcast on X (formerly Twitter) @AmRevPodcast

 Join the Facebook group, American Revolution Podcast 

 Join American Revolution Podcast on Quora 
 
Discuss the AmRev Podcast on Reddit

American Revolution Podcast Merch!

T-shirts, hoodies, mugs, pillows, totes, notebooks, wall art, and more.  Get your favorite American Revolution logo today.  Help support this podcast.  https://merch.amrevpodcast.com


American Revolution Podcast is distributed 100% free of charge. If you can chip in to help defray my costs, I'd appreciate whatever you can give.  Make a one time donation through my PayPal account. You may also donate via Venmo (@Michael-Troy-20).


Click here to see my Patreon Page
You can support the American Revolution Podcast as a Patreon subscriber.  This is an option making monthly pledges.  Patreon support will give you access to ad-free episodes, podcast extras, and help make the podcast a sustainable project.

An alternative to Patreon is SubscribeStar.  For anyone who has problems with Patreon, you can get the same benefits by subscribing at SubscribeStar.

Signup for the AmRev Podcast Mail List

* indicates required

Further Reading

Websites

John Jay’s Treaty 1794-1795: https://history.state.gov/milestones/1784-1800/jay-treaty

Charles, Joseph. “The Jay Treaty: The Origins of the American Party System.” The William and Mary Quarterly, vol. 12, no. 4, 1955, pp. 581–630. JSTOR, https://doi.org/10.2307/1918627

DEMMER, AMANDA C. “Trick or Constitutional Treaty? The Jay Treaty and the Quarrel over the Diplomatic Separation of Powers.” Journal of the Early Republic, vol. 35, no. 4, 2015, pp. 579–98. JSTOR, http://www.jstor.org/stable/24768869

Estes, Todd. “Shaping the Politics of Public Opinion: Federalists and the Jay Treaty Debate.” Journal of the Early Republic, vol. 20, no. 3, 2000, pp. 393–422. JSTOR, https://doi.org/10.2307/3125063

Estes, Todd. “The Art of Presidential Leadership: George Washington and the Jay Treaty.” The Virginia Magazine of History and Biography, vol. 109, no. 2, 2001, pp. 127–58. JSTOR, http://www.jstor.org/stable/4249911

Negus, Samuel D. “FURTHER CONCESSIONS CANNOT BE ATTAINED”: THE JAY-GRENVILLE TREATY AND THE POLITICS OF ANGLO-AMERICAN RELATIONS, 1789-1807,  Texas Christian University (Ph.D. Thesis) 2013 https://repository.tcu.edu/server/api/core/bitstreams/5358e931-9251-4cdc-ac89-0c98e450b951/content

Newcomb, Josiah T. “New Light on Jay’s Treaty.” The American Journal of International Law, vol. 28, no. 4, 1934, pp. 685–92. JSTOR, https://doi.org/10.2307/2190755

Free eBooks
(from archive.org unless noted)

Bemis, Samuel Flagg. Jay's Treaty: A Study in Commerce and Diplomacy, MacMillan Co. 1923

Monaghan, Frank John Jay, Defender of Liberty, New York: Bobbs-Merrill, 1935. 

Perkins, Bradford The First Rapprochement: England and the United States, 1795-1805, Univ. of Cal. Press, 1967 (borrow only). 

Smith, Donald L. John Jay; Founder of a State and Nation, NY: Teacher’s College Press, 1968 (borrow only). 

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Chernow, Ron Alexander Hamilton, Penguin Press, 2004. 

Chernow, Ron Washington, A Life, Penguin Press, 2010. 

Chervinsky, Lindsay M. The Cabinet: George Washington and the Creation of an American Institution, Belknap Press, 2020. 

Combs, Jerald A. The Jay Treaty: Political Battleground of the Founding Fathers, Univ. of Cal. Press, 1970. 

Elkins, Stanley M. and Eric McKitrick, The Age of Federalism: The Early American Republic, 1788–1800, Oxford Univ. Press, 1993 (borrow on archive.org). 

Ellis, Joseph J. His Excellency. George Washington, Alfred A. Knopf, 2005. 

Estes, Todd The Jay Treaty Debate, Public Opinion, and the Evolution of Early American Political Culture, Univ. of Mass. Press, 2006 (borrow on archive.org).

Heidler, David S. & Jeanne T. Washington's Circle: The Creation of the President, Random House, 2015. 

Leibiger, Stuart Founding Friendship George Washington, James Madison, and the Creation of the American Republic, Univ. of Virginia Press, 1999. 

Miller, John C. Alexander Hamilton and the Growth of the New Nation (or Portrait in Paradox), Harper & Brothers, 1959 (borrow on archive.org

Nester, William The Hamiltonian Vision, 1789-1800, Potomac Books, 2012. 

Stahr, Walter John Jay: Founding Father, Bloomsbury Academic, 2005. 

* As an Amazon Associate I earn from qualifying purchases.