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

JAY TO EDWARD LIVINGSTON. - 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 EDWARD LIVINGSTON.

Bedford, 28th July, 1822.

Sir:

On the 20th inst. I received a copy of your report to the General Assembly of Louisiana, under a cover directed to me. To whom I am indebted for it, does not appear; the impression of the seal, which is that of your family, leads me to conjecture that you have had the goodness to send it. There are various important remarks and reflections in it which I believe to be just; and there are others whose weight I cannot venture to estimate, without more thought and investigation than the state of my health admits of I will, however, take the liberty of suggesting a few hints on two of the topics.

That the government of a State should have authority to appoint “particular days for rendering thanks to God” for any signal blessing, or imploring his assistance “in any public calamity,” is certainly proper. But, can any of our governments be rightfully restrained from providing for the observance of the Sabbath, which the Sovereign of the universe had instituted, and which our Saviour has assured us “was made for man”?

Again—Can any government be justifiable in exempting murderers from the punishment of death, in opposition to the positive declaration of the Almighty to Noah, and through him to all his posterity, that “whosoever sheddeth man’s blood, by man shall his blood be shed”; not, I presume, at the discretion of private individuals, but under the cognizance and by the authority of government?

Accept my thanks for this mark of friendly attention.

I am, sir,
Your obliged and obedient servant,

John Jay.

1823.