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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO SECRETARY JAY. - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

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TO SECRETARY JAY.

Grosvenor Square, 25 May, 1786.

Dear Sir,—

I have not presented a formal memorial, in the name of our sovereign, concerning the negroes carried off contrary to the treaty, although it has been frequently and constantly insisted upon with the British ministry, for several reasons. One was, a desire to confine the first memorial to one point, the frontier posts, that the real motives and intentions of the cabinet might be the more distinctly laid open to congress. Another reason was, the frankness of ministers, to own, in conversation, that the negroes must be paid for, as a clear point. Another was, that time might be allowed to you, sir, to transmit me the whole amount and evidence of the claim. And lastly, that I might have the explicit instructions of congress to demand payment for the negroes in money, and especially at what prices they should be stated.

By the answer of Lord Carmarthen to the memorial of the 30th of November, congress will see that the detention of the posts is attempted to be justified by the laws of certain States impeding the course of law for the recovery of old debts, &c. Were another memorial to be now presented relative to the negroes, the same answer would undoubtedly be given, or, more probably, a reference only to that answer. It is my duty to be explicit with my country, and, therefore I hope it will not be taken amiss by any of my fellow citizens, when they are told that it is in vain to expect the evacuation of posts, or payment for the negroes, a treaty of commerce, or restoration of prizes, payment of the Maryland or Rhode Island demand, compensation to the Boston merchants, or any other relief of any kind, until these laws are all repealed. Nor will the ministry ever agree to any explanation concerning the interest during the war, or payments by instalments. The old creditors have formed themselves into a society and have frequent meetings, send committees to Mr. Pitt and Lord Carmarthen, and, I am well informed, oppose even a treaty of commerce, upon this ground; and the ministers know them to be so numerous that they could raise a clamor, a consideration which has always had more weight at this Court and in parliament than the interest of America or the British empire.

What, then, is to be done? The States, it may be said, will not repeal their laws. If they do not, then let them give up all expectation from this Court and country, unless you can force them to do as you please by investing congress with full power to regulate trade.

I will run the hazard, sir, of all the clamor that can be raised against me by my friends, or by my enemies, if any such there are, and of all the consequences that can befall me, for writing my sentiments freely to congress on a subject of this importance. It will appear to all the world with an ill grace, if we complain of breaches of the treaty, when the British Court have it in their power to prove upon us breaches of the same treaty, of greater importance. My advice, then, if it is not impertinent to give it, is, that every law of every State which concerns either debts or royalists, which can be impartially construed contrary to the spirit of the treaty of peace, be immediately repealed, and the debtors left to settle with their creditors, or dispute the point of interest at law. I do not believe a jury would give the interest. I beg leave to suggest another thing; if congress are themselves clear that interest during the war was not part of that bonâ fide debt which was intended by the contracting parties, they may declare so by a resolution, or the legislatures of the separate States may declare so, and then the courts of justice and the juries will certainly give no interest during the war; but, even in this case, those States which have few debts, and have made no laws against the recovery of them, will think it hard that they should be subjected to dangers by the conduct of such as have many, and have made laws inconsistent with the treaty, both respecting debts and tories. You will give me leave, sir, to suggest another idea; suppose the States should venture to do themselves justice; for example, suppose Maryland should undertake to pay herself for her bank stock and negroes carried off after the treaty, by accepting security for it from her own citizens, who are debtors to British subjects, and giving discharges to those debtors, or engaging to stand between them and the claims of the creditor; suppose the Carolinas, Virginia, and all the other States which had negroes carried off after the peace, should do the same; suppose Massachusetts should make up the losses of the inhabitants of Boston in goods carried off by General Howe, in the same way, at least those of them who were promised compensation by General Howe, for these are undoubtedly creditors of the British government; suppose, further, that each State should undertake, in the same way, to compensate the owners of vessels taken after the commencement of the armistice.

I throw out these hints as possibilities and speculations only, sensible that they might open a door to much altercation; but I will not fail to add, that I think it would be much sounder policy and nobler spirit to repeal at once every law of every State which is in the smallest degree inconsistent with the treaty respecting either debts or tories, and am well persuaded that no inconvenience would be felt from it; neither law suits, nor bankrupticies, nor imprisonments, would be increased by it; on the contrary, the credit and commerce of all the States would be so increased, that the debtors themselves, in general, would find their burthens lighter.

With great esteem, &c.

John Adams.

P. S. Inclosed are two acts of parliament and the King’s last proclamation. The other acts which affect America shall be sent as soon as they are passed, and I can obtain them.