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

1798. - 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.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


1798.

RUFUS KING TO JAY.

London, Jan. 14, 1798.

Dear Sir,

The faint remaining hope of an amiable settlement with France is extinguished. On the 4th instant the Directory sent a message to the council of 500 which contains the following paragraph: “The Directory is of opinion that it is indispensably necessary to enact a law declaring that the question whether a ship is neutral or otherwise, shall be decided by her Cargo; that the Cargo shall no longer be freed by the flag, and consequently that every ship found at sea, having on board a Cargo consisting wholly or in part of English commodities and merchandize shall be declared a lawful prize, whoever may be the owner of these commodities or merchandizes, which shall be reputed contraband, on this single fact, that they are the Product of England or of her Possessions.” There is no doubt that the Councils will without delay pass a law conformable to the Message.

I know not what will be the conduct of Denmark and Sweden on this occasion. The law will reach all neutral nations, but will be most mischievous to us. I understand that the Swedes and Danes have made great supplies to France for which they have not been paid; and like our Merchants, have in a great measure relinquished the trade. We have heard nothing from our Envoys since the 30th ult., when they were not received nor likely to be so. Every article of intelligence from the continent proves the ascendency of France. In a late address by the Directory to the people, we have a new theory for the future quiet and happiness of Europe, which is to be compleatly so, when France has nothing to ask, and the rest of Europe nothing to give.

Adieu, my Dear Sir,

I am your faithful Servant,

Rufus King.

COLONEL TRUMBULL TO JAY.

72 Welbeck St., London,
March 6th, 1798.

Dear Sir,

The last letter which I have had the honor to receive from you is dated in Albany, the 27th Octr., and the last which I wrote to you was of the 10th December. Our Commissioners have not been received to an Audience in Paris, nor has any Negotiation with them been fairly opened. Decrees more offensive than all the acts of which they had to complain have been passed under their Eyes, and to me it appears, that we are in fact at war.

I have at length the satisfaction of informing you, that my two American plates are finished and in a style perfectly satisfactory to me. I had hopes of sending out their impressions to my subscribers by this Convoy, but it has been impossible to print a sufficient number to deliver to all, and as I can make no distinctions, I must suffer the whole to wait another Convoy when they will all be sent. In the mean time I have shipped on board the Mary, Capt. Allyn, a Case directed for you of which the Bill of Lading is inclosed to D. Penfield, Esq., with directions to convey it to you, and which contains a pair of proofs of these Prints, which I beg you will do me the honor to accept.—I have to regret that the talents which I had to employ in this work were not more equal to the dignity of the subject;—and that the times in which I live are so little favorable to its successful continuation.

TIMOTHY PICKERING TO JAY.

Philadelphia, April 9th, 1798.

Dr. Sir,

The dispatches from our envoys in Paris being published this morning, I do myself the pleasure to inclose you a copy. Unless the corruption of the French Government and their unjust, tyrannical, rapacious and insulting conduct towards the United States shall rouse the indignant spirit of the people, our independence is at an end. The leaders of the opposition in Congress, while thunderstruck with the exhibition of these dispatches, acknowledge the justice and moderation and sincerity of the Executive in his endeavours to accommodate our differences with France: but to all appearance, they will still oppose efficient measures even of defence, certainly by sea, and perhaps by land. Galatin professes to believe that our envoys have entered on a negociation, and that a treaty has ere this time been conducted. Mr. Jefferson says there is no evidence that the Directory had any knowledge of Talleyrand’s unofficial negociations!

I am with great respect,

Your obedient servant,

T. Pickering.

RUFUS KING TO JAY.

London, April 9, 1798.

Dear Sir,

After every possible intrigue to divide our Envoys, and thereby to divide our Country, I have reason to believe that it has been determined to send two of our Envoys away, and to allow the third (Mr. Gerry) to remain with assurances that negociations shall commence as soon as the Directory shall have sufficient leisure. After all that has past, and with the lesson of Switzerland under our eyes, is it possible that this treacherous plan can succeed?—

We must banish internal divisions for our only safety is in Union.

Very truly your obedient servant,

Rufus King.

JOHN SLOSS HOBART TO JAY.

Philadelphia, April 11, 1798.

My Dear Sir:

. . . . . . .

Soon after my arrival here I was informed of Mr. Troup’s intention to resign,1 by letter from our excellent friend Schuyler, who urged me to secure the appointment for myself; this, I declined for a variety of reasons which I detailed to him, and which he had the goodness to approve of in very flattering terms. In the course of two or three weeks Mr. Laurence applied to me at the request of Mr. Bogert, who was sollicitous for the appointment if he could obtain it upon certain conditions, but in no event would he be considered as a candidate if it would be agreeable to me to accept the office. I told Mr. Laurence I wished to defer a determination on that subject, if possible, till the result of the effort then making at Albany should be known. As soon as I heard of the decision of the Assembly I told him I would accept if the office was offered to me. He this morning waited upon the President, and in a conversation respecting Mr. Troup’s resignation, gave it as his opinion that it would be generally agreeable to the people of the State should I be his successor. Whereupon the President sent a message to the Senate announcing Mr. Troup’s resignation and nominating me to succeed him.

From this narration you will infer the probability that my next may bring you my resignation,1 and that you will have to appoint a Senator. There is much sollicitude here to know on whom that appointment will fall. All enquirers express a confidence that he will be a good man, yet they can’t help asking who will be sent.

Please to present my best respects to Mrs. Jay and the young ladies.

With sentiments of the most grateful friendship,

I am, yours

Jno. Sloss Hobart.

PETER AUGUSTUS JAY TO JAY.

New York, 26 April, 1798.

Dear Papa:

. . . . . . .

I have just returned from the Society for free debate, and tho’ it is very late, I cannot forbear to mention the occurrences that have just happened there. This Society was lately instituted, in all probability with the intention that it should be converted into a Jacobin Club. A Committee of Managers was appointed consisting, with only one or two Exceptions, of Violent Democrats; these preside in rotation. Every Person who will pay a Shilling becomes for that evening a Member. The Chairman for this Meeting happened to be John Swarthout. one of the Antifederal candidates as Assemblyman. Upon going into the room almost by accident, I found it entirely filled by a great crowd of people who were listening to a discussion of this question: “Is it most expedient under existing Circumstances to lay an Embargo, or to arm our Vessels in defence of our carrying trade?” A Mr. Davis, One Butler, an Irish Shoemaker, and Dr. Smith, brother to the late Chief Justice of Canada, supported the propriety of an Embargo in long and inflammatory speeches, and were answered by Mr. Brown, a sensible Quaker, McDougal, a Painter, and a young but really eloquent man of the name of Howe, a student at Princeton College.

It was easy to perceive from the applauses and hisses bestowed upon the Speakers that tho’ the Question had been chosen with a View to influence the Election and a great number of Democrats were present, that a vast Majority were Federalists and would decide in favor of arming. The Chairman was in many instances evidently partial, and in all of them overruled (tho’ not without much Noise and riot) by the Society. Finding how Matters were going, he proposed that on account of the lateness of the hour, the final decision should be deferred until the next Meeting; this being negatived he took the question on a Motion for Adjournment which being also lost, he by Virtue of a power which he said was vested in him by the Constitution adjourned us.

The Society nevertheless remained and directed the Constitution to be read which was found to confer no such Authority. The Chairman was then obliged to resume the Chair and put the final question which was carried in favor of arming by at least five to one. Having pronounced the decision with an Appearance of extreme mortification and anger, he refused to hear any other Motion and again left the Chair. Mr. Howe then moved that a Committee should be appointed to form an Address from the Meeting to the President and Congress of the U. S. approving of the Measures which have been pursued with respect to France and expressing a determination to support them. Col. Morton being placed in the Chair, the Motion was carried, and Mr. Cozine, Col. Morton, Mr. Evertson, Col. Stevens and Mr. Hoffman appointed the Committee; And then after a fruitless attempt by Peter R. Livingston to call another Meeting to consider the Address which might be reported and after three Cheers the Society seperated.1

This Circumstance induces me to give more Credit to the Assertions of our friends who are confident that the whole of the Federal ticket will be carried in this City.

I am your Affectionate Son

Peter Augustus Jay.

JAY TO TIMOTHY PICKERING.

13th May, 1798.

Dear Sir:

It is said that the Naturalization Act is to be revised and amended. Permit me to suggest an idea which I have for many years deemed important. We doubtless may grant to a foreigner just such a portion of our rights and privileges as we may think proper. In my opinion it would be wise to declare explicitly, that the right and privilegeof being elected or appointed to, or of holding and exercising any office or place of trust or power under the United States, or under any of them, shall not hereafter be granted to any foreigner; but that the President of the United States, with the consent of the Senate, be nevertheless at liberty to appoint a foreigner to a military office.

I am, dear sir,
Your most obedient servant,

John Jay.

WILLIAM NORTH1 TO JAY.

[Philadelphia,] June 6, 1798.

Dear Sir,

The bill for prohibiting all intercourse with France is now before us, and will probably pass. The Alien Bill has passed the Senate; Webster will have it in his paper. The act for raising, when it may be thought necessary, 10,000 men with permission to the President to receive such Volunteers as may offer, is, I believe, published; and there is now a bill for completing the marine Corps to 500 men. In addition to these and others providing for defence, certain resolutions have been laid before the other house to declare the Treaty void, and to grant letters of marque and reprisal; this step, however, has been thought by a majority of our friends at a private meeting to be rather premature. They will not be withdrawn, but remain with the committee of defence for future occasion. The warm spirits in this and the other house perhaps wish to run faster than is necessary; those who oppose the government would never stir a step. It is true the head of the government has given and daily gives us to understand that we are already at war; witness his answer to the address from Duanesbrugh and others. Whether there is a necessity for this open language you are a better judge than I can pretend to be; but it strikes me that it is never worth while to speak plain while you are in a measure prepared to ward off the blow which your antagonist is ready to strike.

The military department has at its head a man who is said to be not the most competent to its great and various duties; what ability the new minister of Marine may possess I know not. It is regretted much that Mr. Cabbot would not accept the appointment—The situation of our Militia is bad, both with respect to discipline and arms. I find that there is no likelihood of Congress being brought to do any thing in the business; the eastern men say (perhaps for fear of taxing themselves for the Southern States who will receive the greater benefits) their Militia is well armed, they want no assistance, they are disciplined, they want no further laws on the subject, and that if they did, the States individually have, if not full, a concurrent power with Congress to do what is necessary. I believe it would be a wise step, if our legislature meets, to erect, or by encouragement, by loan or otherwise, induce individuals to erect manufactories of small arms, powder and salt-petre. I will endeavour to get a bounty allowed on the manufacture of those articles. The spirit of the people of New York seems to be exerting itself for the safety of the City. I have sent to Col. Hamilton Baron Steuben’s ideas on the subject and also have given them to Mr. McHenry, who is to go to New York next week, and fortunately is in possession of certain plans and maps, made by a Mr. Smith, and approved by Montressor and a board of engineers, intended to point out the proper place and the best method of fortifying the harbour of New York.

. . . . . . .

I am with respect, Dear Sir,
Your obedient Servant,

W. North.

WILLIAM NORTH TO JAY.

[Philadelphia,] June 22, 1798.

Dear Sir,

I have only time to enclose your Excellency the last communication of the President and to say that a bill is now before the Senate to declare the treaty with France void. This step I believe proper and shall support it; but we shall go farther, and before we adjourn probably declare War. This, it appears to me, there is no occasion for and that no good will result from it.

Your opinions I have the greatest respect for and should be happy to know your sentiments on this and every other occasion.

I am with respects, Dear Sir,

Your obedient Servant,

W. North.

JAY TO WILLIAM NORTH.

New York, 25 June, 1798.

Dear Sir:

On my arrival here the day before yesterday I had the pleasure of receiving your letter of the 22d inst. enclosing the President’s last communication, for which accept my thanks. The others which I received just before I left Albany, being in my trunk which I expect this morning, I cannot now answer particularly.

In my opinion it would be both just and proper to declare the treaty with France to be void, but I think it would be more advisable to direct reprisals than to declare war at present, for the public mind does not appear to me to be quite prepared for it. Of this however you are better informed, and therefore can judge better than I can. Should it be the case, the Jacobin leaders will continue to persuade their deluded followers that the Government is chargeable not only with participation, but with a desire to prevent an accommodation, which they affect to believe practicable notwithstanding the treatment of our Envoys, etc., etc.

When the mass of our people are convinced that war would be just, necessary and unavoidable, they will be content that it should be declared, and will support it vigorously; but I doubt whether that connection, however well founded, is as yet so prevailing and general as it ought to be, and as it would be, but for the arts practised to retard and prevent it. To me there seems to be reason to apprehend that there are characters to whom revolution and confiscation would not be disagreeable. Nothing should be omitted to frustrate their endeavours to deceive; every thing should be done to inform the people, and cause them to see things as they are. Mr. Gerry’s remaining in France is an unfortunate circumstance—it tends to prolong vain hopes, to cherish old divisions, and to create new ones; he was doubtless actuated by the best intentions but I think he committed a mistake. If both Houses should concur in opinion that a declaration of war would be seasonable, I hope the minority against it will not be so considerable as to give countenance to a contrary opinion.

There are attempts to make mischievous use of Talleyrand’s letter.

I am, dear sir, etc.,

John Jay.

P: Ought War to be declared by such thin Houses?

JAY TO THE JUSTICES AND SELECTMEN OF THE TOWN OF NORWALK, CONN.

New York, 2d July, 1798.

Gentlemen:

I have received the petition by which you and other inhabitants of the town of Norwalk request that a pardon may be granted to Stephen Belknap, who was lately convicted of attempting, in concert with other prisoners, to effect their escape from the jail of this city by force of arms. The jail of the city was broken, the citizens alarmed, one of them was shot and severely wounded, and the lives of others of them greatly endangered. For this offence he was sentenced to imprisonment and hard labour in the state-prison for eighteen months, and to a fine of no great amount.

This correct and well-written petition appears to have been dictated by pure and commendable motives. From the characters of the subscribers I am convinced that entire credit is due to the facts stated in it, and that the reputation, circumstances, and connections of Stephen Belknap are truly represented.

I feel the force of the considerations you urge, and sincerely sympathize with the young man’s father in the affliction which he must necessarily experience from so distressing an event.

It is true that I have authority to grant him a pardon; but that authority, you well know, gentlemen, is to be considered as a trust to be executed, not according to my will and inclination, but with sound discretion, and on principles which reconcile mercy to offenders, with the interests of the public.

In free states the laws alone bear rule; and, to that end, respect for and obedience to them is indispensable to the order, comfort, and security of society. Belknap’s offence includes disrespect to the laws, opposition and defiance to their authority, and a most unjustifiable combination to break from their control by force of arms, and without regard to the blood and lives of faithful officers and innocent citizens.

The punishment to which he has been adjudged is mild, and they who visit the state-prison will find that he has nothing but his confinement to complain of. After having very maturely considered this case, it appears to me that the nature of his offence is such as that a pardon would not be a prudent or a seasonable measure. The civil magistrates and ministers of justice must be protected, and that so decidedly as to let it be seen and felt, that violences and outrages against them cannot be committed with impunity. To pardon and discharge such an offender almost directly after his commitment to the state-prison would, instead of producing the proper impressions on him and others, naturally excite disgust and indignation in the peace-officers, and be censured, if not generally, at least by those who think our present penal code too mild. Besides, should a pardon be granted to Belknap and refused to his fellow-offenders, it would be difficult so to discriminate him from all the others as to avoid that partiality and respect to persons which both justice and policy forbid. Although too much severity is inhumanity, yet unless mercy is extended with great discretion, it will encourage offences and ultimately multiply punishments.

It also merits consideration, that many judicious and well-disposed citizens among us think that more sanguine expectations are entertained from our present mild or (as some call it) relaxed system of punishments, than will ever be realized. Prudence directs that it should have a fair trial, and therefore that the supposed objections to it should not be permitted to derive strength and support from the frequency of pardons, in cases where the propriety of them is justly liable to doubt and question.

I submit these reflections to your candid consideration; and I assure you that I sincerely regret their constraining me to forego the satisfaction I should derive from a compliance with your request.

It is pleasant to gratify those who wish us well, and whom we esteem and respect; but there are occasions when we must, however reluctantly, deny ourselves that pleasure.

I have the honour to be, gentlemen,
Your humble servant,

John Jay.

JAY TO PRESIDENT ADAMS.

Albany, 21st August, 1798.

Sir:

I have the honor of transmitting to you herewith enclosed an address from the Senate and Assembly of this State which passed and was agreed to unanimously.

It gives me pleasure to reflect that, from the numerous other expressions of the public sentiment relative to the reprehensible conduct of France towards our country, you may rely on the decided co-operation of the nation in the measures necessary to protect the rights and maintain their honour and independence.

I have too long known and too often been a witness to your patriotic and successful exertions not to be convinced that you will deserve both confidence and gratitude, and it is but doing them justice to say that no republics have given to their patriots and benefactors less cause of complaint than the United States of America.

I have the honour to be with great respect and esteem, sir, your most obedient and most humble servant,

John Jay.

JAY TO ALEXANDER HAMILTON.1

Albany, 30th August, 1798.

Dear Sir:

I was this morning favoured with yours of the 27th inst. I regret the circumstances which prevented our seeing each other when you were here. There are several topics on which I wish to converse with you, and particularly respecting military arrangements at New York. The rifle corps and a few of the new light-infantry companies are established. There were reasons, which I shall mention when we meet, which induced me to suspend a decision relative to the others for the present. The objections stated in the petition are not, in my judgment, conclusive. So soon as the commissions advised by the council are despatched, I propose to set out for New York. The defence of the port, etc., in my opinion, should be under your direction. The measures will be concerted between us. The council will meet again before the session, and all such new corps as ought to be established will then without difficulty be organized ultimately. I think with you on the subject of resignations.

It is with me a question whether any person convicted of forgery ought to be pardoned at present, when offences of that kind abound. As yet I have not pardoned any convicts of that description, except in cases where the convictions turned on a balance of evidence, and where guilt was probable, but not certain. Mr. Murray has just been with me on this subject. I shall take it into further consideration, but fear the objections will prove insuperable. The young man’s father and family are to be pitied, but the power to pardon is a trust to be exercised on principles of sound discretion, combining policy, justice, and humanity;—we will talk this matter over. I have an idea of putting the light corps into a regiment, and making our friend Troup colonel of it.

I am, dear sir,
Yours sincerely,

John Jay.

JAY TO PRESIDENT ADAMS.

Albany, 26th September, 1798.

Dear Sir:

During the late special session of the Legislature of this State an act was passed for the further defence of this State, of which a copy is herewith enclosed. The first section of this act appropriates a sum not exceeding 150,000 dollars towards the defence of the city and port of New York, and provides that the said sum shall be expended under the direction of the President of the United States.

In pursuance of another section of this act I have lately obtained on loan 100,000 dollars of the above-mentioned sum, and should have immediately gone to New York on this and other business, had not a circumstance occurred which made it necessary for me to summon the members of the Council of Appointment to meet here on the eighth day of next month.

It appears to be the intention of the Legislature that this money shall be laid out only in the manner which the national government will recognize as useful and advisable; I therefore take the liberty of submitting to your consideration whether, as Major General Hamilton is a national officer in whom great confidence may be reposed, it would not be expedient to authorize him to concert with me the plan of laying out this money to the best advantage and to appoint him to superintend the execution of it. I think it would be best that I should leave the money in the Bank of New York, and appoint a proper person to audit and keep the accounts of the expenditures directed from time to time by General Hamilton relative to the works, and pay them as they become due by checks on the bank.

I have the honor to be with great respect and esteem, dear sir, your most obedient and humble servant,

John Jay.

[1 ]The United States District Judgeship.

[1 ]As one of the United States Senators from New York.

[1 ]On May 6th, young Jay describes another meeting he attended: “I mentioned in a former letter the proceedings had at a Meeting of the Society for free debate. On last Thursday the Democrats mustered their whole strength to carry a Vote of Censure on those proceedings. The Federal party apprised of the design appeared also in great force to frustrate the attempt. The Democrats tho’ the smaller Number, with surprising impudence, placed Commodore Nicholson in the Chair and by this procedure occasioned a Scene of the greatest Noise and Confusion I have ever witnessed. The adverse parties were frequently on the point of a general engagement. Many of our most respectable people were present; but no one was heard. If a Speaker began by addressing himself to the Chairman he was stopped by one party and by the other if he did not. After this State of Confusion had continued from before Nine till long past Eleven, the Federalists divided from their Opponents and having an evident (tho’ not large) Majority, the Commodore adjourned the Meeting which immediately dissolved. . . . Betts to a great Amount have been laid on your Election at the odds of ten to one in your favor.”

Governor Jay who had been renominated for the office in April of this year was re-elected by a large Federal majority over Chancellor Livingston.

[1 ]United States Senator from New York.

[1 ]Hamilton had lately been appointed Inspector-General of the United States Army with the rank of Major-General.