, in which each party accused the other of the first
aggression. Meanwhile Jay ascertained, September 13, 1794, that
Grenville supported the contention held by his predecessors, that the
article of the treaty was intended to prevent depredations at the
departure of the army; that no alteration in the actual state of
property was intended by the Seventh Article; that every Negro who
strayed or escaped from the American lines and came into the lines of
the British Army became by the laws of war British property; and that
to extend the Seventh Article of the treaty to include Negroes who
came within the British lines under the proclamation of freedom was to
give it a "wider latitude than the terms of it would warrant."[45] In
short, Grenville contended that in regard to those within the British
lines before the signing of the treaty they were "left entirely
without restrictions."[46]

In reply to Grenville's argument Jay divided the subject of the
Negroes into three groups: first, the Negroes captured or disposed of
during the course of the war; second, the Negroes who remained with
and belonged to American citizens within the British lines; and third,
the Negroes who, confiding in the promise of freedom, fled from their
masters and took refuge with the British. Concerning the first two
groups, no extended discussion followed. Grenville stated, however, in
regard to the second group, that he was "not so sure." The last-named
group on the other hand, produced much pourparler, for Jay maintained
that these Negroes were "clearly comprehended by the terms of the
treaty." According to his argument, Negroes could not by "mere
flight" alter their slave character. He soon appreciated the difficult
position of England in trying to keep the pledges of freedom offered
to the Negroes and at the same time fulfill, according to the American
interpretation, the article of the treaty in regard to the return of
Negroes.

During the negotiation Jay admitted, moreover, that the carrying away
of Negroes was justifiable in view of the promises of freedom and
protection promulgated by British military representatives.[47] He
concluded, however, with the thought that "Great Britain ought not to
expect to escape the consequence of the folly of her Generals in
America." For this reason he restated the idea expressed by other
American representatives to Great Britain, that compensation should be
obtained for the Negroes carried away. In spite of