That government had already justified its retention of these posts by averring that the United States had not complied with the articles of the peace treaty relating to British debts.

Jay was not in a position to argue the point with any force, for when he was Secretary of Foreign Affairs he had advised Congress that these articles "have been constantly violated on our part by legislative acts, then and still existing and operating"; and that Great Britain was therefore not to blame for retaining the posts.

The British government was undoubtedly cognizant of this report, and Jay could not make any effective opposition to a proviso which in effect said to the United States, "before surrendering the posts we will wait and see whether you intend to fulfill your agreements." The root of the trouble--an evil often felt and still experienced in the United States--was defective sovereignty, an inability of the whole to control the behavior of its parts.

Jay could not deny that the peace treaty had been violated by state legislation, and only by the humiliating means of an avowal of its impotence could he exonerate the national government from the imputation of bad faith.

The matter was disposed of by provision for a joint commission to decide upon all cases in which it was alleged that unlawful impediments had been placed in the way of collection of debts due British subjects, and by the United States undertaking payment of the awards.