Jay's change of
position Grenville persisted with unyielding opposition in the view
that such slaves were no longer American property. "On this point"
wrote Jay to Randolph, "we could not agree."

Concerning this question, Jay said, moreover,[48] that "various
articles have been under consideration but did not meet with mutual
approbation and consent." Sensing the situation Randolph declared to
Jay, December 3, that he was extremely afraid that the reasoning of
Grenville about the Negroes would not be satisfactory. "Indeed I own,"
said Randolph, "that I can not myself yield to its force." Randolph
knew of the anti-British sentiment in the South and realized that the
treaty would be opposed by the South because that section would feel
that it had been neglected,[49] should it receive no compensation for
the Negroes carried away by the British.

In a communication to Jay two weeks later it is obvious that there was
no concerted opinion even in America in regard to the much mooted
question. Jay and Randolph, for instance, differed as to whether the
slaves concerned ever became the property of Great Britain. Jay held
that the Negroes in question never became the property of Great
Britain whereas, Randolph held that while property is acquired in
movables as soon as they come within the power of the enemy, yet
"property rights thus acquired in war may by the treaty of peace be
removed."[50]

To the contention of Great Britain that the Seventh Article meant
merely an engagement against further depredations, Randolph declared
the stipulation "superfluous"; for he maintained that the mere
cessation of war meant that much. To this point, Grenville declared
the treaty "odious," if the stipulation were interpreted to include
Negroes who sought British lines under the promise of freedom and
protection "on the basis of common morality." Great Britain was not to
be expected to execute a stipulation with such an interpretation.
Obviously, then, Great Britain would not recede from her position.
Citizens of America, especially those deprived of their property, were
beginning to think that our diplomatic relations were not properly
taken care of by Jay. Expressions of disapproval of the treaty by
resolutions in the Senate evinced the temper of the people. Jay, in
the meantime was called "traitor"; his mission was declared a failure
and the treaty was attacked from many sides.

At this juncture special mention must be made of the obje