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

JAY TO LORD GRENVILLE. - John Jay, The Correspondence and Public Papers of John Jay, vol. 4 (1794-1826) [1893]

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. 4 (1794-1826).

Part of: The Correspondence and Public Papers of John Jay, 4 vols.

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JAY TO LORD GRENVILLE.

The undersigned, envoy of the United States of America, has the honour of representing to the Right Honorable Lord Grenville, his Britannic Majesty’s Secretary of State for the Department of Foreign Affairs:

That a very considerable number of American vessels have been irregularly captured, and as improperly condemned by certain of his Majesty’s officers and judges.

That, in various instances, these captures and condemnations were so conducted, and the captured placed under such unfavourable circumstances, as that, for want of the securities required, and other obstacles, no appeals were made in certain cases, nor any claims in others.

The undersigned presumes that these facts will appear from the documents which he has had the honour of submitting to his Lordship’s consideration; and that it will not be deemed necessary, at present, to particularize these cases and their merits, or detail the circumstances which discriminate some from others.

That great and extensive injuries having thus, under colour of his Majesty’s authority and commissions, been done to a numerous class of American merchants, the United States can, for reparation, have recourse only to the justice, authority, and interposition of his Majesty.

That the vessels and property taken and condemned have been chiefly sold, and the proceeds divided among a great number of persons, of whom some are dead, some unable to make retribution, and others, from frequent removals and their particular circumstances, not easily reached by civil process.

That as, for these losses and injuries, adequate compensation, by means of judicial proceedings, has become impracticable, and, considering the causes which combined to produce them, the United States confide in his Majesty’s justice and magnanimity to cause such compensation to be made to these innocent sufferers as may be consistent with equity; and the undersigned flatters himself that such principles may, without difficulty, be adopted, as will serve as rules whereby to ascertain the cases and the amount of compensation.

So grievous are the expenses and delays attending litigated suits, to persons whose fortunes have been so materially affected, and so great is the distance of Great Britain from America, that the undersigned thinks he ought to express his anxiety that a mode of proceeding as summary and little expensive may be devised as circumstances and the peculiar hardship of these cases may appear to permit and require.

And as (at least in some of these cases) it may be expedient and necessary, as well as just, that the sentences of the courts of vice-admiralty should be revised and corrected by the Court of Appeals here, the undersigned hopes it will appear reasonable to his Majesty to order that the captured in question (who have not already so done) be there admitted to enter both their appeals and their claims.

The undersigned also finds it to be his duty to represent that the irregularities before mentioned extended not only to the capture and condemnation of American vessels and property, and to unusual personal severities, but even to the impressment of American citizens to serve on board of armed vessels. He forbears to dwell on the injuries done to the unfortunate individuals, or on the emotions which they must naturally excite, either in the breast of the nation to whom they belong, or of the just and humane of every country. His reliance on the justice and benevolence of his Majesty leads him to indulge a pleasing expectation that orders will be given that Americans so circumstanced be immediately liberated, and that persons honoured with his Majesty’s commissions do, in future, abstain from similar violences.

It is with cordial satisfaction that the undersigned reflects on the impressions which such equitable and conciliatory measures would make on the minds of the United States, and how naturally they would inspire and cherish those sentiments and dispositions which never fail to preserve, as well as to produce, respect, esteem, and friendship.

John Jay.