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1790. - John Jay, The Correspondence and Public Papers of John Jay, vol. 3 (1782-1793) [1891]Edition used:The Correspondence and Public Papers of John Jay, ed. Henry P. Johnston, A.M. (New York: G.P. Putnam’s Sons, 1890-93). Vol. 3 (1782-1793).
Part of: The Correspondence and Public Papers of John Jay, 4 vols.
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1790.JAY TO GOVERNOR LIVINGSTON.1New York, 25th January, 1790. Dear Sir:. . . . . . . The last list of the Saratoga’s officers and men was carefully examined by Mr. Remsen this morning. It is dated the 20th December, 1780, and noted to have been received in the office the 9th of February, 1781. There are no such names as Reynolds and Minor in it. The Saratoga is with great probability supposed to have been lost on the 18th of March, 1781, about four o’clock in the afternoon of that day. One of the lieutenants, who had been put into a prize, parted from her a little before that time, and left her in full chase of a sail, the wind coming on so exceeding violent that the prize before mentioned was obliged to take in her sails. The lieutenant, I am told, is persuaded that the Saratoga, whose captain was venturous and full of ardour, was then lost. Besides it would be very extraordinary, indeed, that a young gentleman of talents should be for years working in Algiers, and that openly on the fortifications, and there meet with this Blinckhorn, and Reynolds, and Minor, and yet never be able to convey intelligence of himself to any of the Christian consuls or captives, or to the regency of the country. He knew I was in Spain, that we had ministers also at courts at peace with Algiers, and must soon have learned that among other friendly nations the French had a consul there. I will nevertheless cause copies of your letter to be transmitted to the French and English consuls at Algiers, for although Blinckhorn’s story appears to me to deserve no credit, yet in cases of this kind no pains should be spared to remove doubts. JAY TO JOHN DUMONT.New York, 27th February, 1790. Dear Sir:I was favoured with yours of the 28th ultimo as I was preparing to go out of town. It was not until last evening that I returned, or I should have taken an earlier opportunity of answering your letter. Accept my thanks for your friendly congratulations. I believe them sincere, and value them accordingly. It would give me great pleasure to see your situation more comfortable. On these occasions it is best to be very explicit; it would neither be friendly nor candid to excite delusory expectations, or to make promises without a good prospect of performing them. There is not a single office in my gift; nor do I recollect that there is more than one in the appointment of the court, I mean their clerk. As to offices in the gift of other departments, I think it my duty not to interfere, nor to ask favours, it being improper for a judge to put himself under such obligations. I am sincerely disposed to serve my friends, and you among others; but it can only be in a way perfectly consistent with the duties and proprieties of my public station. These considerations will, I am persuaded, have their due weight with you, and rather increase than diminish the esteem and attachment you have always expressed and manifested for me. I regret that on this occasion I cannot say things more consonant with your wishes; but sincerity, though not always pleasing, is preferable to mere civility. Be assured of my constant regard, and that I remain Your friend,John Jay. JAY TO MR. GRAND.New York, 1st March, 1790. Dear Sir:I had this morning the pleasure of receiving your obliging letter of the 30th of November last, and thank you for your attention to mine of the preceding December. As the sum is small, the difference of exchange is not important; and I am perfectly persuaded that it was not in your power to make the remittance on better terms. The people of this country ardently wish success to the revolution in France, and that they may speedily enjoy all the blessings of peace, plenty, and good government. The natural propensity in mankind of passing from one extreme too far towards the opposite one sometimes leads me to apprehend that may be the case with your national assembly. Affairs in this country have a promising aspect, and we have reason to flatter ourselves that our new government will realize to us many of the advantages which the revolution placed within our reach. Mr. Jefferson is now Secretary of State, so that there is at present no probability of his returning to France. Who will succeed him is as yet uncertain. I am glad my friend Morris is frequently with you. I shall be mistaken if he is not as much pleased with you as you are with him. Be so good as to present Mrs. Jay’s and my compliments to your admirable family, and believe me to be, with great and sincere esteem and regard, dear sir, Your most obedient and humble servant,John Jay. CHARGE TO GRAND JURIES BY CHIEF-JUSTICE JAY.1Whether any people can long govern themselves in an equal, uniform, and orderly manner, is a question which the advocates for free government justly consider as being exceedingly important to the cause of liberty. This question, like others whose solution depends on facts, can only be determined by experience. It is a question on which many think some room for doubt still remains. Men have had very few fair opportunities of making the experiment; and this is one reason why less progress has been made in the science of government than in almost any other. The far greater number of the constitutions and governments of which we are informed have originated in force or in fraud, having been either imposed by improper exertions of power, or introduced by the arts of designing individuals, whose apparent zeal for liberty and the public good enabled them to take advantage of the credulity and misplaced confidence of their fellow-citizens. Providence has been pleased to bless the people of this country with more perfect opportunities of choosing, and more effectual means of establishing their own government, than any other nation has hitherto enjoyed; and for the use we may make of these opportunities and of these means we shall be highly responsible to that Providence, as well as to mankind in general, and to our own posterity in particular. Our deliberations and proceedings being unawed and uninfluenced by power or corruption, domestic or foreign, are perfectly free; our citizens are generally and greatly enlightened, and our country is so extensive that the personal influence of popular individuals can rarely embrace large portions of it. The institution of general and State governments, their respective conveniences and defects in practice, and the subsequent alterations made in some of them, have operated as useful experiments, and conspired to promote our advancement in this interesting science. It is pleasing to observe that the present national government already affords advantages which the preceding one proved too feeble and ill-constructed to produce. How far it may be still distant from the degree of perfection to which it may possibly be carried, time only can decide. It is a consolation to reflect that the good-sense of the people will be enabled by experience to discover and correct its imperfections, especially while they continue to retain a proper confidence in themselves, and avoid those jealousies and dissensions which, often springing from the worst designs, frequently frustrate the best measures. Wise and virtuous men have thought and reasoned very differently respecting government, but in this they have at length very unanimously agreed, viz., that its powers should be divided into three distinct, independent departments—the executive, legislative and judicial. But how to constitute and balance them in such a manner as best to guard against abuse and fluctuation, and preserve the Constitution from encroachments, are points on which there continues to be a great diversity of opinions, and on which we have all as yet much to learn. The Constitution of the United States has accordingly instituted these three departments, and much pains have been taken so to form and define them as that they may operate as checks one upon the other, and keep each within its proper limits; it being universally agreed to be of the last importance to a free people, that they who are vested with executive, legislative, and judicial powers should rest satisfied with their respective portions of power, and neither encroach on the provinces of each other, nor suffer themselves to intermeddle with the rights reserved by the Constitution to the people. If, then, so much depends on our rightly improving the before-mentioned opportunities, if the most discerning and enlightened minds may be mistaken relative to theories unconfirmed by practice, if on such difficult questions men may differ in opinion and yet be patriots, and if the merits of our opinions can only be ascertained by experience, let us patiently abide the trial, and unite our endeavours to render it a fair and an impartial one. These remarks may not appear very pertinent to the present occasion, and yet it will be readily admitted that occasions of promoting good-will, and good-temper, and the progress of useful truths among our fellow-citizens should not be omitted. These motives urge me further to observe, that a variety of local and other circumstances rendered the formation of the judicial department particularly difficult. We had become a nation. As such we were responsible to others for the observance of the Laws of Nations; and as our national concerns were to be regulated by national laws, national tribunals became necessary for the interpretation and execution of them both. No tribunals of the like kind and extent had heretofore existed in this country. From such, therefore, no light of experience nor facilities of usage and habit were to be derived. Our jurisprudence varied in almost every State, and was accommodated to local, not general convenience; to partial, not national policy. This convenience and this policy were nevertheless to be regarded and tenderly treated. A judicial controul, general and final, was indispensable; the manner of establishing it with powers neither too extensive nor too limited, rendering it properly independent, and yet properly amenable, involved questions of no little intricacy. The expediency of carrying justice, as it were, to every man’s door, was obvious; but how to do it in an expedient manner was far from being apparent. To provide against discord between national and State jurisdictions, to render them auxiliary instead of hostile to each other, and so to connect both as to leave each sufficiently independent, and yet sufficiently combined, was and will be arduous. Institutions formed under such circumstances should therefore be received with candour and tried with temper and prudence. It was under these embarrassing circumstances that the articles in the Constitution on this subject, as well as the act of Congress for establishing the judicial courts of the United States were made and passed. Under the authority of that act, this court now sits. Its jurisdiction is twofold, civil and criminal. To the exercise of the latter you, gentlemen, are necessary, and for that purpose are now convened. The most perfect constitutions, the best governments, and the wisest laws are vain, unless well administered and well obeyed. Virtuous citizens will observe them from a sense of duty, but those of an opposite description can be restrained only by fear of disgrace and punishment. Such being the state of things, it is essential to the welfare of society, and to the protection of each member of it in the peaceable enjoyment of his rights, that offenders be punished. The end of punishment, however, is not to expiate for offences, but by the terror of example to deter men from the commission of them. To render these examples useful, policy as well as morality requires not only that punishment be proportionate to guilt, but that all proceedings against persons accused or suspected, should be accompanied by the reflection that they may be innocent. Hence, therefore, it is proper that dispassionate and careful inquiry should precede these rigours which justice exacts, and which should always be tempered with as much humanity and benevolence as the nature of such cases may admit. Warm, partial, and precipitate prosecutions, and cruel and abominable executions, such as racks, embowelling, drawing, quartering, burning and the like, are no less impolitic than inhuman; they infuse into the public mind disgust at the barbarous severity of government, and fill it with pity and partiality for the sufferers. On the contrary, when offenders are prosecuted with temper and decency, when they are convicted after impartial trials, and punished in a manner becoming the dignity of public justice to prescribe, the feelings and sentiments of men will be on the side of government; and however disposed they may and ought to be, to regard suffering offenders with compassion, yet that compassion will never be unmixed with a due degree of indignation. We are happy that the genius of our laws is mild, and we have abundant reason to rejoice in possessing one of the best institutions that ever was devised for bringing offenders to justice without endangering the peace and security of the innocent. I mean that of Grand Juries. Greatly does it tend to promote order and good government that in every district there should frequently be assembled a number of the most discreet and respectable citizens in it, who on their oaths are bound to inquire into and present all offences committed against the laws in such districts, and greatly does it tend to the quiet and safety of good and peaceful citizens, that no man can be put in jeopardy for imputed crimes without such previous inquiry and presentment. The extent of your district, gentlemen, which is commensurate with the State, necessarily extends your duty throughout every county in it, and demands proportionate diligence in your inquiries and circumspection in your presentments. The objects of your inquiry are all offences committed against the laws of the United States in this district, or on the high seas, by persons now in the district. You will recollect that the laws of nations make part of the laws of this and of every other civilized nation. They consist of those rules for regulating the conduct of nations towards each other which, resulting from right reason, receive their obligations from that principle and from general assent and practice. To this head also belong those rules or laws which by agreement become established between particular nations, and of this kind are treaties, conventions, and the like compacts; as in private life a fair and legal contract between two men cannot be annulled nor altered by either without the consent of the other, so neither can treaties between nations. States and legislatures may repeal their regulating statutes, but they cannot repeal their bargains. Hence it is that treaties fairly made and concluded are perfectly obligatory, and ought to be punctually observed. We are now a nation, and it equally becomes us to perform our duties as to assert our rights. The penal statutes of the United States are few, and principally respect the revenue. The right ordering and management of this important business is very essential to the credit, character, and prosperity of our country. On the citizens at large is placed the burthen of providing for the public exigencies; whoever, therefore, fraudulently withdraws his shoulder from that common burthen necessarily leaves his portion of the weight to be borne by the others, and thereby does injustice not only to the government but to them. Direct your attention also to the conduct of the national officers, and let not any corruptions, frauds, extortions, or criminal negligences, with which you may find any of them justly chargeable, pass unnoticed. In a word, gentlemen, your province and your duty extend (as has been before observed) to the inquiry and presentment of all offences of every kind committed against the United States in this district or on the high seas by persons in it. If in the performance of your duty you should meet with difficulties, the court will be ready to afford you proper assistance. It cannot be too strongly impressed on the minds of us all how greatly our individual prosperity depends on our national prosperity, and how greatly our national prosperity depends on a well organized, vigorous government, ruling by wise and equal laws, faithfully executed; nor is such a government unfriendly to liberty—to that liberty which is really inestimable; on the contrary, nothing but a strong government of laws irresistibly bearing down arbitrary power and licentiousness can defend it against those two formidable enemies. Let it be remembered that civil liberty consists not in a right to every man to do just what he pleases, but it consists in an equal right to all the citizens to have, enjoy, and to do, in peace, security, and without molestation, whatever the equal and constitutional laws of the country admit to be consistent with the public good. It is the duty and the interest, therefore, of all good citizens, in their several stations, to support the laws and the government which thus protect their rights and liberties. I am persuaded, gentlemen, that you will cheerfully and faithfully perform the task now assigned you, and I forbear, by additional remarks, to detain you longer from it. REPLY OF NEW YORK JURY TO CHIEF-JUSTICE JAY.May it please your Honors:The very Excellent Charge given to the Grand Jury of this District by his Honor the Chief Judge of the Federal Court, demands our thanks and particular attention; and that it may be more influential and impress the mind of our fellow citizens at large beg leave to ask a Copy of it for the press. Your Honors may be assured we shall in our several departments when dismissed exert our influence to promote peace, good order, and a strict regard to the laws of the United States agreeably to the Constitution so lately adopted; and we trust the judicial department will ever be filled, as it now is, with gentlemen of the first characters for learning, integrity, and ability. We wish your Honors the Divine presence in all your circuits, and that you may be continually guarded by a good Providence. Benj. Austin, Foreman. May 4th, 1790. PRESIDENT WASHINGTON TO THE “CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES.”United States, April 3, 1790. Gentlemen,I have always been persuaded that the stability and success of the national government, and consequently the happiness of the people of the United States, would depend in a considerable degree on the interpretation and execution of its laws. In my opinion, therefore, it is important that the Judiciary system should not only be independent in its operations, but as perfect as possible in its formation. As you are about to commence your first circuit, and many things may occur in such an unexplored field, which it would be useful should be known, I think it proper to acquaint you, that it will be agreeable to me to receive such information and remarks on this subject as you shall from time to time judge expedient to communicate. G. Washington. MRS. JAY TO JAY.Friday, 23d April, 1790. My dear Mr. Jay,As you have had some disagreeable weather I am impatient to hear whether it has affected your health or not. Peter Munro tells me that in a letter to him you mention having written to me. I have not received your letter. Col. Wadsworth informed me last evening that the influenza was again very prevalent at Hartford. I dread the effect of that disorder more than ever, and sincerely hope you will guard against it as much as possible. Our little folks are very well. The distance they suppose you to be at present, the still greater distance you are to travel, the impediments likely to intercept your journey and the pleasing idea of your return are the interesting subject of our domestic conversation.1 A week has elapsed since your departure and the servants have not yet given me occasion for the smallest disatisfaction. To-morrow or Monday I shall pay my father the long intended visit. Last Monday the President went to Long Island to pass a week there. On Wednesday Mrs. Washington called upon me to go with her to wait upon Miss Van Berckel and on Thursday morning agreeable to invitation myself and the little girls took an early breakfast with her and then went with her and her little grandchildren to breakfast at General Morris’s, Morrisania. We passed together a very agreeable day and on our return dined with her as she would not take a refusal, after which I came home to dress and she was so polite as to take coffee with me in the evening. I must not omit informing you that the report respecting Judge Bedford and his lady (which doubtless has reached your ear) was altogether groundless. If you see Mrs. Langdon pray thank her for her very polite attention. Governor Langdon was well last evening when I was honored with his company. Adieu! my best beloved! May blessings ever attend you! Sa. Jay. JAY TO MRS. JAY.Boston, 6th May, 1790. My Dear Sally:As the last post did not bring me a letter from you I conclude that you had gone to Elizabethtown, and had not yet returned. I wrote to you on Monday and on Saturday last. Yours of the 23d of last month is the only one that has reached me. The business of the court having been finished yesterday I shall have an opportunity of seeing whatever is worthy of notice in and about the place, unless the weather, which is now very disagreeable, should continue so. I had two days ago a pleasant ride to Cambridge over the new bridge, of which you have often heard; we extended our excursion to some pretty seats not far distant from the College, and among others Mr. Gerry’s. On Wednesday next I purpose, on invitation from Judge Cushing and General Lincoln, to visit them. This will take me thirty miles out of my way to Portsmouth, but having time enough and my horses in good order, that circumstance is not very important. Tell Judge Hobart I shall pay particular attention to Hingham, where his ancestors on first coming to this country settled. Mrs. Winthrop made many friendly inquiries about you and the children, and charged me not to omit making her compliments to you. The spring does not appear more forward here than it did at New York when I left you. As yet we have had but very few fine days; cold easterly winds seem to prevail here. I think our climate a better one. Adieu, my dear Sally, Yours affectionately, John Jay. MRS. JAY TO JAY.New York, May 15th, 1790. My Dear Mr. Jay:When I wrote you last, William and myself were very poorly, so was likewise Peggy Jay. Thank God! we are all three much better, and will I hope soon be well. The rest of the children are well. Mr. Lewis has recollected that the price Peter offered him was in fact the one he had agreed to take, and so consequently he has received the payment, and that business is settled. A person that has hired a farm adjoining the one of ours at Haverstraw on which old Theel lived, wishes to make a purchase of yours and wants to know the terms he can pay down—200£—and the rest as you may agree. The President is ill and has been so some days; the family think his illness serious. Dr. Jones has been sent for from Philadelphia and is here now to attend with Bard, Charlton, and McKnight. Judge Hobart called to see me the morning after I received your last favors, and I did not omit telling him what you desired I would. Last evening Mr. King called to see me; he has a little daughter in addition to his flock since you went away. Miss Rebecca Sears is to be married this evening to Mr. Sterrit, a merchant at Baltimore, where I am told he carries her next week. Col. Platt is soon to be married to Miss Aspinwall, the young lady we both admired. Yesterday I recd. 50£ from a Mr. Bell, in account of Rutherford for your sister Nancy, and I have just been paying it to Peter Munro for her, which is apropos as he is going to Rye on Monday. The little girls are gone to drink tea with their Cousin Munro, who dines with me to-morrow. We make out very well; no difficulties have yet occurred. Aint you a little fearful of the consequences of leaving me so long sole mistress? Peter Munro paid me 65£ for you which I ’ve been spending at a great rate. Adieu, my dear Mr. Jay, BENJAMIN VAUGHAN TO JAY.London, August 4th, 1790. My dear Sir,I am much obliged to you for your kind letter, and the sermon which accompanied it, which I should in preference call a discourse, considering its length, matter, and occasion. The letter I carried with me to Paris on account of the hint respecting sheep, and the Duke of Rochefoucauld has retained it, which you will not be displeased at, since in his hands it will do most good. My journey to Paris was partly to see the historical and philosophical fact of the 14th ult., especially as Deputies had assembled from all quarters of France. The spectacle was rather curious, than interesting, owing to the extreme bad management of the procession and ceremony. Notwithstanding the distance was too great for perfect sight and hearing, yet the feelings of every person were sufficiently alive to have admitted of some affecting, as well as sublime scenes, being presented out of the vast materials which offered themselves. Your friend the Marquis de la Fayette (called in public documents the Sieur De la Fayette) stands responsible for the chief of this bad management, by which I perceive that he has essentially lowered himself in the opinion of thinking people, especially the military. In other respects my journey answered sufficiently my views in undertaking it. The people of France seem to me to have thoroughly imbibed the spirit of the revolution, with a few exceptions not worthy of mention. I went by Calais and Arras, and returned by Caen and Cherbourg, and every where I saw signs of unanimity or acquiescence the most complete. The celebration of the 14th in my route home, I found had been universal and enthusiastic, the military combining to outward appearance without exception, and (a certain proportion of the officers allowed for,) with cordiality also. This good will to the revolution was to be expected; but what struck me most was a sort of family-feeling and fraternity which every member of the national guard seemed to have to every other member of it, however strange to him; and that every man seemed to endeavor to make his private feelings give way to the public interests. No good man can have witnessed these scenes without being edified, as well as animated. He might sometimes smile, but I think other nations err much more by being short of the truth than the French do by going beyond it. It seems to me that the seed has fallen upon the best soil, all considered, (that is, upon the fittest and most productive) that could be found in Europe; and I hope it will be a lasting one. I trust our friends in America will not be jealous at hearing, that the French revolution is thought by much the most instructive of any upon record, and as agitating the greatest assemblage of principles respecting human and even domestic society. They had more to do than America, which has led them to aim at every thing. The American revolution was little more than the separation of partnership accounts. When you weed our nonsence out of your laws, and cease to quote an English law authority in your courts, you will make an important addition to your own revolution; but I fear your lawyers are too powerful to allow of the simplicity and perspicuity called for by common sense. Trade is another crooked plant in your plantation. Religion you have set pretty straight. A few more things well done will create both a love and knowledge of better order, for they will operate as guides to the eye and feelings.—As your people, considering them as persons who have a share in public proceedings, read few books, it is well worth the consideration of the leading persons in America to set on foot better newspapers than those you possess, as well as better magazines; or which will be much easier, to improve those already established. One of the best newspapers I have seen from your continent was one published somewhere in the woods, to the N. W., if I may judge from some specimens I casually saw of it, consisting in part of exclusively well judged extracts from books. Surely nothing can be more easy than this part of such an undertaking, where there is a good library. Forgive my zeal, which you must allow impartial. You will expect some politics from me. — France is well disposed to peace, but there are some intriguing spirits who wish to bring on war; and I was very sorry to hear a person, whom I have before named in this letter, accused as being one. My authority was not a slight one, and the intelligence shocked me so much, that I did not wish to have any conversation with him, when at Paris. I wish he could borrow a little of your general’s dignity, which would have an astonishing effect just now in France. We seem here to have little objection to war of any kind; but I conceive we shall be saved a German war by a pacification between Prussia and Austria, somewhat at the expence of Prussia, who has lately gained a naval victory of some consequence, but which has suffered a subsequent drawback by a smaller victory of the King of Sweden. Spain is yet at issue, but by the inaction of our fleet, you may judge we are not wanting in good hopes of an accommodation. Ireland was becoming restive, but I think matters will settle there for the present, tho’ the system of corrupting with money, titles, and places has got to a disagreeable height there, so as to give a wise minister some alarm for its supposed necessity and consequences. A war, I have little doubt, would discover upon the first successes, great dissatisfaction in Ireland, and some in Scotland. Some weak debates have lately occurred in the French national assembly, but they have ended in a very essential object, the giving arms to the nation at the public expence. I forgot to tell you that Cherbourg is already a safe harbor. How long it will last, how it will be defended, and whether it can easily be entered, are questions of which I am incompetent to the discussion. The breakwater may be finished this year. The forts are scarcely ⅔ finished, and nothing has lately been done in them. The freedom with which I write will put you in mind of the freedom with which I used to speak, and tell you the cause of it, namely your kindness in favor of it. — I beg my affectionate respects to Mrs. Jay. Mrs. V. joins me in every good wish to you and yours. I am, dear Sir, Your respectful and affectionate friend and servant,Benj. Vaughan. JAY TO MRS. JAY.Boston, 10th November, 1790. My Dear Sally:I hope this evening to be favoured with assurances under your hand that you and the children continue well. My cold and consequently the cough occasioned by it have left me. I am happy in being rid of such disagreeable companions. Governor Bowdoin is to be interred this afternoon. His funeral will strongly mark the estimation in which he was held. Various societies will attend it, etc. To him these attentions will be vain, but to his family pleasing. Posthumous fame is in no other respect valuable than as it may be instrumental to the good of survivors. I dined two days ago with Mr. Gerry; they have a pretty seat. He will go on to Congress the last of this month; she will remain at home, and both will experience from absence what you and I have often done. Her situation at six miles’ distance from Boston will be but solitary, but she has children and domestic employments to amuse and occupy her attention. I have dined but once at my lodgings, viz., the day I arrived, and am engaged for every day previous to the one on which I shall set out for Exeter—that is, until Monday next. The hospitality and sociability of this place are singular. I remark another circumstance that is pleasing. Almost at every table you find a clergyman. Instead of being a check to the cheerfulness of company, they partake in and promote it. Their characters are in general amiable, and they are respected accordingly. Be so good as to write a few lines to my brother Peter and let him know that I am well. I hope Nancy does not grow worse; when you see Fady, remember me to him. By this time I suppose the two Peters have returned from Bedford. I should be glad to receive a few lines from them. One of them knows and the other should be apprised that letters by ordinary conveyances should contain nothing which in case of publication would produce inconveniences. Between friends slight hints are often intelligible, though not to be understood by others. Young people should early attend to these things; they cannot begin to be prudent too early. I am, my dear Sally, |
