YALE UNIVERSITY
LIBRARY

T H E

LIFE

JOHN JAY

SELECTIONS FROM IIIS CORRESPONDENCE

MISCELLANEOUS PAPERS.

BT HIS SON,
WILLIAM JAY.

IN TWO VOLUMES,
VOL. I.

NEW-YORK :
PRINTED AND PUBLISHED BY J, & J. HARPEK,
NO. 82 OLIFF-STREBT,

18 33.

[Entered, according to Act of Congress, in the year 1833, by William Jay,
in the Office of the Clerk of the iSouthem District of New- York,]

PREFACE.

The generation by whom the independence of
these United States was established and secured,
is rapidly passing away ; and before long, we shall
seek in vain for a patriot of the Revolution to
receive our homage, or to answer our inquiries
respecting the important events in which he par
ticipated. It would be doing injustice to the American
people to suppose, that they do not take an inter
est in knowing the characters and actions of those
to whom they are indebted for the liberty and
prosperity they enjoy. The lives and writings of
several of these distinguished men have already
been published, and it is to be wished that more
may follow.
In the ensuing pages, an attempt is made to
delineate the character of one, who was not the
least among those who devoted themselves to the
service of their country, and acquired a title to its
oratitude.

IV PREFACE.
The relationship of the author to the person he
describes may have influenced his opinions, but he
has stated facts truly, and from them the reader
will form his own conclusions.
The biography of pubhc men cannot be well
understood without a knowledge ofthe public
affairs in which they were concerned; and hence
it has sometimes been found necessary to en
croach on the province of history. This, however,
has been done no fiirther than the subject re
quired ; and pains have been taken, by means of
anecdotes and private letters, to introduce the
reader to a familiar acquaintance with Mr. Jay,
throughout the whole course of his political
career. The information thus afforded will, it is
hoped, compensate for the interruptions of the
narrative which it necessarily occasions.
Many of the papers and letters appended to the
Life are important, and all, it is believed, will be
found interesting, as throwing light either upon
individual character, or upon the circumstances of
the times to which they relate.
Bedford, April, 1833.

CONTENTS OF VOL. I

CHAPTER I.
Ancestors of John Jay — His Birth and Education — College Anecdotes p. 1
CHAPTER II, ¦
1764-76,
Mr. Jay studies Law with Benjamin Kissam — Admitted to the Bar — Com
mences Practice with Robert R. Livingston — His Marriage — ^Member of
New- York Committee of Correspondence — Committee propose a General
Congress — He is elected a Delegate to Congress — Writes Address to
People of Great Britain — Elected to New-York Provincial Congress —
Appointed Delegate to the second General Congress — Member of New-
York Committees of Observation and Association — Writes Address to
People of Canada — Supports a second Petition to the King^ — Writes
Address to People of Ireland — Appointed Colonel in New- York Militia
— Anecdote of first Communication to Congress of the Intentions of the
French Court — Is elected a Member of New- York Convention — ^Recalled
from Congress to assist in the Convention — Power and Proceedings of
Committee for detecting Conspiracies — Writes Address from Convention
to the People of New- York — Secret Correspondence with Mr, Deane 16
CHAPTER III,
1777-9.
Mr. Jay reports Draught of a Constitution for the State — Constitution
adopted — He is appointed Chief Justice, and Member of the Council of
Safety — ^Writes Letter to People of Tryon County — ^His Correspondence
with General Schuyler — Extracts from his first Charge to Grand Jury —
Consultation with General Washington about Invasion of Canada — Ex
tracts from private Correspondence — Is appointed Delegate to Congress
1 — Chosen President of Congress — Resigns Office of Chief Justice — At

VI CONTENTS.
request of Congress, writes Letter to the States on the Public Finances
; — His Conduct rel.itive to Vermont — Appointed Minister Plenipotentiary
to Spain - - 68
CHAPTER IV.
Extracts from Mr. Jay's History of his Spanish Mission 95
CHAPTER V.
1779-81.
Mr, Jay sails for France in an American Frigate — Shipwreck of the Frigate
— She reaches Martinico — Mr, Jay re-embarks in a French Frigate —
Lands at Cadiz — Proceeds to Madrid — Embarrassed by Bills drawn on
him by Congress — Negotiates with Spanish Government — ^His Opinion
of New-York Confiscation Act — Correspondence with Mr, Deane-^In-
structed to surrender the Navigation of the Mississippi — Appointed Com
missioner to negotiate Peace — Disapproves of the Instructions accom
panying his Commission^ — History of those Instructions — Duplicity of
Spanish Court — Bills on Mr, Jay protested — He goes to Paris — His In
dignation at the Conduct of Mr. Deane . . . - - 101
CHAPTER VI.
1782^.
The French Court endeavours to prepare Congress for the Abandonment of
their Claims — Mr, Jay arrives in Paris — The Spanish Ambassador wishes
to negotiate with him — The Claims of Spain countenanced by France —
Mr. Jay refuses to treat with Count Aranda without first seeing his
Powers — Anecdotes of Count Aranda — Mr. Oswald, the British Commis
sioner, arrives — Mr. Jay refuses to treat with him till American Inde
pendence is acknowledged — Draughts a new Commission for Mr. Oswald
— French Intrigues to defeat the Claims of the United States — Mr. Jay
sends a secret Agent to the British Ministry — Independence acknowledged
—Mr. Jay draughts Preliminary Articles— Extracts from his Diary— Mr.
Adams arrives — Dr. Franklin's Conduct and Views explained — Anecdotes
of French Intrigue— Extracts from Mr. Jay's Correspondence  Signs
Treaty of Peace — Visits England — Returns to France — Embarks for
America - - - -133
CHAPTER VH,
1784.-8.
Mr. Jay lands in New- York — Presented with the Freedom of the City 
Appointed Delegate to Congress — Accepts the Office of Secretary for

CONTENTS. Vll
Foreign Affairs — Notice of the first Voyage made by un American Vessel
to China — ^He declines bemg a Candidate for Governor— Spanish Nego
tiation resumed in New- York — He proposes to Congress a Naval Estab
lishment — His Controversy with Littlepage — Elected President of Manu
mission Society — His Sentiments and Conduct respecting Slavery —
Difficulties attending the Spanish Negotiation — Mr, Jay's Report on the
Infractions of the Treaty of Peace — His Sentiments on the Insufficiency
of the Confederation — Letters on the Subject — Attends General Conven
tion of the Episcopal Church — Measures leading to the Formation of the
present Federal Govemment — Mr, Jay engages in writing tho Federalist
— Wounded in endeavouring to suppress a Mob — Writes an Address in
behalf of tho new Constitution — Elected to the New- York Convention —
Proceedings of the Convention - - - - - 183
CHAPTER VIII.
1789-94.
Federal Govemment organized — Mr. Jay appointed Chief Justice — Officiates
as Secretary of State — His Charge to the Grand Jury — Attentions to him
on his Circuit — Elected Governor — Votes burnt by Canvassers, who de
clare Mr. Clinton to be Governor — .PubUc Excitement — ^Honours paid Mr.
Jay by the People — Proceedings of the Legislature — Opinion on the Sua
bility of States — Proclamation of Neutrality — Arrival and Conduct of
Genet — Causes of Complaint against British Govemment — Mr, Jay
appointed Envoy to Great Britain — Embarks for England — Origin, Char
acter, and Objects ofthe Democratic Societies - 271
CHAPTER IX,
1794-5.
Negotiation of British Treaty — Extracts from Mr, Jay's Correspondence 322
CHAPTER X,
1795-6.
Mr, Jay elected Governor in his Absence — Arrives in New- York — Resigns
Office of Chief Justice — Opposition to the British Treaty — Proceedings
in the House of Representatives — Comparison between the British Treaty
and others subsequently formed - - - 355
CHAPTER XI.
1795-1801.
Administration ol Governor Jay — His Proclamation for a general Thanks
giving — His Conduct in appointing to Office, and in pardoning Criminals —

Vlll CONTENTS.
Recommendation relative to the Observance of the Sabbath — Re-elected
Governor — Convenes the Legislature in the Prospect of a War with France
-^Law passed for the gradual Abolition of Slavery — The Governor de
clines the Office of Chief Justice of the United States — Resists the En
croachments of the Council of Appointment — Removes from Albany —
Presented with the Freedom of the City - - 385
CHAPTER XII.
1801-29.
Mr. Jay retires to Bedford — His Occupations and domestic Habits — Letter
to Trinity Church — ^His Opinion ofthe War of 1812 — Elected President
of the American Bible Society — His Correspondence with the Corporation
of New- York — His Illness and Death — Character - 428
APPENDIX. No. I. — Address to the People of Great Britain - - 465
II. — Circular Letter from Congress to their Constituents - 476
III. — Barb^ de Marbois to Count de Vergennes - - 490
IV. — Addresses to the American Bible Society - - 495

THE

LIFE OF JOHN JAY.

CHAPTER L
Ancestors of John Jay — His Birth and Education — College Anecdotes.
John Jay, the subject of the following Memoir, left
behind him an unfinished history of his ancestors, written
in the latter part of his life. This narrative was evidently
intended only for the information and instruction of his
children, and contains much that would not be generally
interesting. A few extracts, however, from this paper,
while they serve as an introduction to an account of the
writer himself, will assist in illustrating his character.
" You have often expressed a wish that I would reduce
to writing what information I have respecting our ancestors.
I was pleased to find that you desired it ; and have often
regretted that a succession of affairs, more immediately
important, constrained me from time to time to postpone it.
My life has been so much a life of business, that idle time
has not been among my burdens. In this place of peace
and retirement, which a kind Providence has provided for
me in my declining years, I for the first time enjoy the
sweets of rest and tranquillity. Leisure hours begin to
increase, and I purpose to employ some of them in giving
you the information you request.
VOL. I. — B

LIFE OF JOHN JAY.

" When and where we were born, and who were our
progenitors, are questions to which certain philosophers
ascribe too little importance. It becomes us to be mindful
that the great Creator has been pleased to make men social
beings ; that he established between them various relations,
and among others, those which arise from consanguinity ;
and that to all these relations he has attached particular and
corresponding duties. These relations and duties promote
the happiness of individuals and families ; they pervade and
harmonize society, and are subservient both to public and
personal welfare.
" How fleeting, how forgetful, how frail is tradition !
There are families in this State who are ignorant even of
the names of the first of their ancestors who came to this
country — they know not whence, or why, or how they
came. Between those days and the period of our revolu
tion, the field for biography has become barren — little has
been written, and of that little much has been lost by the
destruction of papers during the war. The time, however,
is approaching when this barren field will be cultivated by
genius and by pride ; and, under the auspices of obscurity
(ever friendly to fiction), become fertile in fables.
"My faith in the generality of historical relations of
every kind has been gradually declining for these thirty
years. On various occasions I have seen accounts of
events and affairs which I knew to be incorrect. Not a
few of the common and current opinions respecting public
men and public transactions are common and current mis
takes, designedly countenanced by demagogues to promote
party or personal purposes. The time, however, will most
certainly come when the world and all that therein is will
be purified in a refiner's fire. It will then be of little im
portance to us whether our ancestors were splendid or
obscure, and whether events and characters have been
truly or partially represented, or not represented at all.
" But to return.— I have been informed that our family

LIFE OF JOHN JAY. 3
is of Poictou, in France, and that the branch of it to which
we belong removed frora thence to Rochelle. Of our an
cestors anterior to Pierre Jay, who left France on the
revocation of the Edict of Nantes, I know nothing that is
certain. Pierre Jay was an active and opulent merchant,
extensively and profitably engaged in commerce. He
married Judith, a daughter of Mons. Francois, a merchant
in Rochelle. One of her sisters married M. Mouchard,
whose son was a director of the French East- India Com
pany. Pierre Jay had three sons and one daughter. The
sons were Francis, who was the eldest; Augustus, who
was born 23d March, 1665; and Isaac. The daughter's
name was Frances. Mr. Jay seemed to have been solicit
ous to have one of his sons educated in England. He first
sent his eldest son, but he unfortunately died on the passage.
Notwithstanding this distressing event, he immediately sent
over his son Augustus, who was then only twelve years
old. In the year 1683, Mr. Jay recalled Augustus, and
sent him to Africa, but to what part or for what purpose
is now unknown.
" The troubles and violences which preceded the revoca
tion of the Edict of Nantes are related in five quarto
volumes, entitled ' Histoire de L'Edit de Nantes,' which you
will find among my books. As those detestable proceed
ings are amply detailed in that history, I decline taking
particular notice of them here. To me it appears extra
ordinary, that such proceedings did not sooner lead the
more discreet and considerate Protestants to foresee the
necessity they would be under of leaving the kingdom, and
the prudence of making timely provision for their retreat.
Such, however, is human nature. We all know with abso
lute certainty that we are to pass from this to another
world, and yet how few of us prepare for our removal !
«' Pursuant to an order passed in January, 1685, the
Protestant church at Rochelle was demolished. The en-

LIFE OF JOHN JAY.

suing summer a number of troops were marched into the
city, and quartered on the Protestant inhabitants, and these
troops were soon followed by four companies of dragoons.
The attempts made to convert or intimidate Mr. Jay prov
ing fruitless, some of these dragoons were sent to his house
to live and act at their discretion. I have not understood
that they offered any personal insults to Mr. Jay or his
family, but in other respects they behaved as it was intended
they should. Such a situation was intolerable, and Mr.
Jay lost no time in relieving his family from it. He found
means to withdraw them, together vnth some articles of
value, secretly from the house, and succeeded in putting
them on board a vessel which he had engaged for the pur
pose. They fortunately set sail without being discovered,
and were safely landed at Plymouth, in England. He
thought it advisable to remain behind, doubtless with the
design to save what he could from the wrecks of his
fortune. " It was not long before the absence of his family excited
attention, and produced investigations. After some time
be was arrested and committed to prison. Being closely
connected with some influential Cathohcs, he was by their
interposition and good offices soon set at liberty. At that
time some vessels in which he was concerned were ex
pected, and particularly one from Spain, of which he was
the sole owner. He determined to effect his escape, if pos
sible, in the first of these vessels that should arrive ; and
for that purpose instructed a pilot, on whose good-will and
attachment he relied, to watch these vessels, and to put the
first of them that came in immediately at anchor, at a place
agreed upon between them.
" Of the vessels that were expected, the one from Spain
was the first that arrived. The pilot instantly went on
board, and carried her to the place agreed on, and gave
Mr, Jay notice of it. With the aid of this faithful and

LIFE OF JOHN JAY. 5
friendly pilot, proper precautions were taken to prevent
discovery, and the moment Mr. Jay got on board she sailed,
and carried him to England.
" This ship and her cargo (the principal part of which
was iron) belonged wholly to himself, and together with
the property sent over with his family, and that now brought
over by himself, comprised all that he saved. What this
all amounted to, I have never been informed : it was such,
however, as placed him and his family above dependency,
and was so managed as that, during the residue of his life,
his situation was comfortable.
" As soon as Mr. Jay's departure was known, his estate
in France was seized ; and no part of it afterward came to
the use of either himself or his children.
"Having escaped from the fury of persecution to a
friendly country, nothing remained to excite his anxiety
but the fate of his son Augustus, whom he had sent to
Africa, and who would probably arrive without having been
apprized of the troubles and flight of his family. This
accordingly happened. On his arrival at Rochelle, he found
himself in a situation not easy to be described. The per
secution was proceeding with increasing severity, and every
circumstance and prudential consideration pressed him to
decide without delay on the measures proper for him to
take and pursue. He determined to remain true to his reli
gion, and to meet the risks and dangers to which it exposed
him. The kindness of his friends facilitated every neces
sary arrangement for his departure from the country, and
in a very short time he embarked in a vessel bound to
Charleston, in South Carolina. Thus by Divine Providence
every member of the family was rescued from the rage and
reach of persecution, and enabled to preserve a portion of
property more than adequate to their actual necessities.
" Augustus very properly reflected that his parents had
two younger children to provide for, and that it became
him to depend on his own exertions. It was his first in-

LIFE OP JOHN JAY.

tention to settle in South Carolina. His education in Eng
land, and the knowledge he had acquired of the English
language, trade, and manners, had prepared him for living
in an English country. The climate of South Carolina,
however, made so serious an impression on his health that
he went to Philadelphia, which he found in such an infant
state, that he thought it advisable to go to New- York.
With New-York he was much pleased, and found there
several refugee famihes from Rochelle. His first employ
ment was that of supercargo, and he continued in it for
several years. His parents found themselves relieved from
anxiety about his welfare, and with great satisfaction ob
served his industry and promising prospects. The time,
however, was approaching when the course of life proper
for their younger son was to be determined and provided
for. He, it seems, preferred a mihtary life ; and his pas
sion for it was exceedingly excited by the forming a regi
ment of French refugees in England to serve a Protestant
king against a popish competitor. Isaac solicited the con
sent of his parents with so much earnestness, that it was at
length obtained. He joined his regiment as a volunteer,
and was with it at the battle of the Boynef, in 1690. He
received several wounds ; and returning to his father, lin
gered for some months, and died.
"Inthe year 1692 certain commercial affairs at Ham
burgh induced Augustus to take a passage in a vessel bound
from New- York to that place. The vessel was captured
by a privateer fi-om St. Maloes, and carried into that port.
He with other prisoners was sent to a fortress about fifteen
miles from St. Maloes. He was in that fortress when the
news of the battle of La Hogue arrived there. Orders
were thereupon given that the prisoners should that evening
be put and kept in close custody. By negligence or ac
cident the prisoners became informed of this order. Au
gustus and another prisoner agreed to attempt making their
escape. The day had been wet and boisterous, and in the

LIFE OF JOHN JAY. 7
evening the rain and wind increased. Before the time
when they expected to be called, they found means to con
ceal themselves, so that when the other prisoners were car
ried to the places in which they were to be closely confined,
these two remained without. Favoured by the darkness
and the storm, they eluded the vigilance of the sentinels,
and proceeded to the part of the wall which they had agreed
on. There Augustus let himself drop into the ditch, and
received no material injury. His companion did not join
him : whether he changed his mind or was stunned by the
fall is uncertain. Augustus took the road to Rochelle, and
so managed as not to arrive there till the next evening, and
at a late hour repaired to his aunt Mouchard, by whom he
was kindly received and secreted ; and afterward, through
her address and management, he was privately conveyed
to the Isle of Rhfe, where a vessel ready to sail • for Den
mark received him. He arrived safe in Denmark. On his
return he went to Holland, and firom thence to England to
visit his father and sister. Much to the grief and loss ofthe
family his mother had lately died, and he found his father and
sister deeply affected by it. This was the first time they had
met since they fled from France. The excitements to sen
sibility were numerous, and it was natural that on such an
occasion the tears of grief should mingle with those of joy.
The affairs and engagements of Augustus constrained him
to return speedily to America ; and it was not long before
he was obliged to take leave of his afflicted and affectionate
father and sister. With what emotions they bade each other
a last farewell may easily be conceived. How much has
persecution to answer for 1
" In 1697 Augustus married, at New- York, Ann Maria, a
daughter of Mr. Balthazar Bayard. The ancestor of this gen
tleman was a Protestant professor of theology at Paris in the
reign of Lewis the 13th, and who had been compelled by the
persecuting spirit of popery to quit his country, and go with
his wife and children to Holland. Three of his grand-

O LIFE OF JOHN JAY.
sons, of whom Mr. Balthazar Bayard was one, afterward
removed fi-om Holland to America. By his marriage Au
gustus became encircled with friends who, firom their situa
tions, were able, and from the attachment to consanguinity
(for which our Dutch families were always remarkable)^
were disposed to promote his interest as a merchant, and
his social happiness as a man. He no sooner found him
self settled and his prospects fair, than he represented the
prosperous state of his affairs to his father and sister, and
earnestly pressed them to come over and participate in it.
But his father thought himself too far advanced in age to
undertake the voyage, and no considerations could have
prevailed on his excellent daughter to leave him.
" From what has been said, you will observe with plea
sure and with gratitude how kindly and how amply Provi
dence was pleased to provide for the welfare of our ancestor
Augustus. Nor was his case a solitary or singular instance.
The beneficent care of Heaven appears to have been evi
dently and remarkably extended to all those persecuted
exiles. Strange as it may seem, I never heard of one of
them who asked or received alms ; nor have I any reason to
suspect, much less to believe, that any of them came to this
country in a destitute condition. The number of refugees
who settled here was considerable. They did not disperse
or settle in different parts of the country, but formed three
societies or congregations ; one in the city of New-York,
another at the Paltz, and the third at a town which they
purchased and called iVeiti-Rochelle.* At New-Rochelle
they built two churches, and lived in great tranquillity:
none of them became rich, but they all lived comfort
ably. " Augustus Jay, after having had three daughters, was on
the 3d November, 1704, blessed with a son, whom, in honour
of his father, he named Peter. That good old gentleman
lived some time after this, but how long exactly, I do not
* In Westchester county, state of New-York.

UFJ3 OF JOHN JAY.

recollect. After his death his daughter married Mr. Pelo-
quin, a merchant of Bristol.
"In the year 1723, Mr. Jay had the pleasure of giving
one of his daughters to Mr. Peter Valette, a French refugee
settled at New- York. This gentleman was one of three
brothers ; they were all Protestants, and each of them in
more than easy circumstances. Being hard pressed by per
secution, they were driven by it to decide on the part they
should take. Two of them determined to adhere to their
religion — the other became a papist, and took the estates
of his brothers. Of the two who remained faithful, one
came to New- York, and the other settled in the island of
Jamaica, where he became very opulent. The following
anecdote shows that he was not an ordinary man. During
the war between England and France, I think in the reign
of Queen Anne, some French prisoners captured at sea were
brought to Jamaica. Among them was one whose name was
Valette. Tliis excited the old gentleman's curiosity. He
saw the prisoner, and discovered that he was the son of his
unworthy brother, who, in consequence of unprofitable spec
ulations, had been reduced to indigence. He took the pris
oner to his house, made the necessary arrangements for his
return to France, and made him the bearer of a grant to
his father of a liberal annuity, I thinlc £300 a year."
Ill health probably prevented Mr. Jay from extending the
narrative from which the foregoing extracts have been
taken, so far as to embrace a notice of his parents.
Augustus Jay pursued his profession as a merchant
with credit and success. He lived to the good old age of
86, respected and esteemed by his fellow-citizens, and died
at New-York in 1751. He was remarkable for uniting
great vivacity and good-humour to deep and unaffected
devotion. He left three daughters and one son, named
Peter. The former married gentlemen of some of the most
respectable families of the province ; the latter was sent to
England in his youth, and placed in the counting-house of
VOL. I.  C

10 LIFE OF JOHN JAY.
his uncle, Mr. Peloquin, of Bristol. Soon after his return,
in 1728, Peter Jay married Mary the daughter of Jacobus
Van Cortlandt. Her mother was the daughter of Frederick
Philipse, whose family, originally of Bohemia, had been
compelled by popish persecution to take refuge in Holland,
from whence he had emigrated to New- York. Thus had
the subject of our memoir the honour to be descended in
three instances from ancestors who chose to abandon their
country rather than their religion.
Peter Jay pursued the occupation of his father and grand
father ; and, declining a participation in the political dis
putes which then distracted the colony, he applied himself
assiduously to his business as a merchant. Having earned
a fortune which, added to the property he had acquired by
inheritance and marriage, he thought sufficient, he resolved,
when little more than forty years old, to retire into the
country, and for this purpose purchased a farm at Rye,
on the shores of Long Island Sound, a few miles dis
tant from New-Rochelle, and about five-and-twenty from
the city of New-York. To this measure he was also
prompted by a domestic calamity. Two of his children, a
son and a daughter, were attacked in their infancy by small
pox, and were deprived of sight by this formidable disease,
the right treatment of which was then unknown or not prac
tised. It was thought that the two little sufferers could be
brought up more safely and advantageously in the coimtry
than the city. Peter Jay had ten children ; John was his
eighth child, and was born in the city of New- York the
12th December, 1745. He was named after the Honoura
ble John Chambers, one of the Judges of the Supreme Court
of the province, who had married his mother's sister. On
the removal of the family to Rye, he was carried there in
his nurse's arms.
The character of the parents, who now devoted them
selves to the education of their children, deserves to be
noticed. It was a theme on which their son delighted to con-

LIFE OF JOHN JAY. 11
verse ; for seldom have parents been so loved and reverenced
as they were by him. Both father and mother were actu
ated by sincere and fervent piety ; both had warm hearts
and cheerful tempers; and both possessed, under varied
and severe trials, a remarkable degree of equanimity. But
in other respects they differed widely. He possessed strong
masculine sense, was a shrewd observer and admirable
judge of men ; resolute, persevering, and prudent ; an affec
tionate father, a kind master, but governing all under his
control with mild but absolute sway. She had a cultivated
mind and fine imagination ; mild and affectionate in her
temper and manners, she took delight in the duties as well
as the pleasures of domestic hfe ; while a cheerful resigna
tion to the will of Providence, during many years of sick
ness and suffering, bore witness-to the strength of her reli
gious faith. So happily did these various dispositions har
monize together, that the subject of this memoir often
declared, that he had never, in a single instance, heard
either of his parents use towards the other an angry or
unkind word.
Notwithstanding the cares of a large family, the mother
devoted much of her time to the instruction of the two blind
children and of the little John. To the former she read the
best authors ; to the latter she taught the rudiments of
English, and the Latin grammar. When between six and
seven years old, his father, writing about him to one of the
family, remarked, " Johnny is of a very grave disposition,
and takes to learning exceedingly well. He will soon be fit
to go to a grammar-school." When eight years old he was
sent to a grammar-school kept by the Rev. Mr. Stoope,
pastor of the French church at New-Rochelle. His charac
ter, even at this early age, seems to have been sufficiently
marked to excite the favourable anticipations of his discern
ing father, who, in a letter to Mr. Peloquin of Bristol,
observed, " I cannot forbear taking the freedom of hinting
to you that my Johnny gives me a very pleasing prospect.

12

LIFE OP JOHN JAY.

He seems to be endowed with a very good capacity, is
very reserved, and quite of his brother James's disposition
for books."
The gentleman to whose charge he was now committed
was a native of Switzerland, and of odd habits. Ignorant
of the world, regardless of money, and remarkable for
absence of mind, he devoted every moment of his leisure to
his studies, and particularly to the mathematics ; and he
left the undisputed government of himself and his household
to his wife, who was as penurious as he was careless. The
parsonage and every tiling about it was suffered to decay,
and the boys were treated with httle food and much scold
ing. Little as he was, John contrived to prevent the snow
from drifting upon his bed, by closing the broken panes of
glass with pieces of wood. The contrast between such
lodgings and such treatment and that to which he was
accustomed at home was not pleasing, but probably not
without its uses. The plain and simple diet to which he
was confined led to that indifference to the quality of his food
for which through life he was remarkably distinguished,
while his constitution no doubt derived additional strength
and vigour from the hardships to which he was exposed.
His health was robust ; and in after-life he used to mention
the pleasure he at this time enjoyed in roaming through the
woods and gathering nuts, which he carried home in his
stockings, which he stripped off for the purpose. The
inhabitants ofthe village were chiefly descendants of French
refugees, and French was spoken by them, as well as in the
parsonage ; and he thus acquired, with little trouble, a lan
guage for which he had afterward so much use. He re
mained at this school three years, when his father took him
home and placed him under the instruction of a private
tutor, who completed his preparation for college.
King's (now Columbia) College was then in its infancy
and had but few students. The number of them has never
been large, but there are few colleges in our country which

LIFE OF JOHN JAY. 13
have produced more good scholars in proportion to the
number than this.
To this college Mr. Jay was sent in 1760, being a little
more than fourteen years old. The excellent Dr. Samuel
Johnson was then president. ,
The young freshman was now suddenly introduced to a
scene entirely new to him, and was thrown among com
panions of various dispositions and habits, without any
other guide or monitor than his own good sense and
virtue. His intercourse with others made him sensible of
his own deficiencies, and he commenced the work of cor
recting them with a resolution and perseverance not often
evinced in early youth. His articulation was indistinct,
and his mode of pronouncing the letter L exposed him to
ridicule. He purchased a book written by Sheridan, pro
bably his Lectures on Elocution, and, shutting himself up
daily in his room, studied it till his object was accomplished.
He had a habit of reading so rapidly as to be understood
with difficulty. For the purpose of correcting this fault, he
read aloud to himself, making a full stop after every word,
until he had acquired a complete control of his voice ; and
he thus became an excellent reader. With the same energy
he pursued all his studies, and especially attended to Eng
lish composition. So intent was he on this, that when about
to write an English exercise, he placed a piece of paper
and a pencil by his bedside, that if, while meditating on his
subject in the night, a valuable idea occurred to him, he
might make some note of it, even in the dark, that might
recall it in the morning.
His application and correct deportment acquired for him
the esteem and friendship of the president. This worthy
man resigned his office after Mr. Jay had been three years
in college, and retired to Connecticut, from whence he wrote
a kind letter to his late pupil, inviting him to visit him, and
assuring him of his prayers that he might " continue to act
a good part." Dr. Johnson was succeeded in the presi-

14 LIFE OF JOHN JAY.

dency by Dr. Myles Cooper, an Oxford scholar, a high
tory, and as might have been expected, a decided royalist,
when the revolution began ; but the difference of their poli
tical sentiments never prevented Mr. Jay from speaking of
him with esteem.
As the period of his college life approached, it became
necessary to decide concerning his future profession. This
was left by his father to his own choice. After due reflec
tion he decided to study law. One of his classmates having
formed the same resolution, they determined to begin at
once, and they read together Grotius de Jure Belli et Pacis
in the original.
An obstacle however then existed to his pursuit of the
profession he had chosen, in New-York, which at this day
appears extraordinary. The members of the bar in New-
York were then few in number ; and actuated by an un
worthy desire to secure to themselves, as far as possible,
the whole legal practice of the colony, they entered into an
agreement with each other not to take into their offices as
clerks any young men who intended to enter the profession.
Mr. Jay's father took timely measures to secure for his son
in England that legal education which was thus denied to
him in his own country ; and preparations were made for
sending John to London as soon as he should leave college.
Shortly before this period arrived, the agreement we have
mentioned was abandoned ; whether because it was found
impossible to enforce it, or because its authors shrank from
the odium it excited, is now unknown.
In the last year of his collegiate course, and a few weeks
before he was to take his degree, an incident occurred
which threatened to destroy the good feeling which existed
between Mr. Jay and the president. A number of students
being assembled in the college hall, some of them, either
through a silly spirit of mischief, or in revenge for some
fault imputed to the steward, began to break the table.
The president, attracted by the noise, entered the room,

LIFE OP JOHN JAY. 15
but not so speedily as to find the offenders in the act. He
immediately arranged the students in a line, and beginning
at one end, asked, " Did you break the table ?" the answer
was " No." — « Do you know who did ?"— " No." Passing
along the line, the same questions and answers were asked
and received, till he came to Mr. Jay, who was the last
but one in the line. To the first question he replied as the
others had done, and to the second he answered, " Yes,
sir." — " Who was it ?" — " I do not choose to tell you, sir,"
was the unexpected reply. The young gentleman below
him returned the same answers. The president expostu
lated and threatened, but in vain. The contumacious stu
dents were called before a board of the professors,-where
Mr. Jay made their defence. Each student on his admis
sion had been required to sign his name to a written
promise of obedience to all the college statutes. Mr. Jay
contended that he had faithfully kept this promise, and that
the president had no right to exact from him any thing not
required by the statutes ; that these statutes did not require
him to inform against his companions, and that therefore
his refusal to do so was not an act of disobedience. The
defence was overruled, and the delinquents were sentenced
to be suspended and rusticated. Mr. Jay returned to col
lege at the expiration of his sentence ; and Dr. Cooper, by
the kindness of his reception, suffered him to perceive that
he had not by his conduct forfeited any part of his good
opinion.* On the 15th May, 1764, he received his degree
of Bachelor of Arts, and spoke the Latin salutatory, which
was then, as at present, regarded as the highest collegiate
honour. * It is worthy of remark, that Mr. Jay retained among his papers to the
day of his death a copy of the statutes, from which it appears that the con
duct for which he was suspended was not even indirectly forbidden by
them.

16 LIFE OF JOHN JAY.

CHAPTER II.
1764-76.
Mr. Jay studies Law with Benjamin Kissam — Admitted to the Bar — -Com
mences Practice with Robert R. Livingston — His, Marriage — Member of
New- York Committee of Correspondence — Committee propose a General
Congress — He is elected a Delegate to Congress — Writes Address to
People of Great Britain — Elected to New-York Provincial C'-rig.^ss —
Appointed Delegate to the second General Congress — Member of New-
York Committees of Observation and Association — Writes Address fo
People of Canada — Supports a second Petition to the King — Writes
Address to People of Ireland — Appointed Colonel in New- York Militia —
Anecdote of first Communication to Congress of the Intentions of the
French Court — Is elected a Member of New-York Convention — Recalled
from Congress to assist in the Convention — Power and Proceedings of
Committee for detecting Conspiracies — Writes Address from Convention
to the People of New- York — Secret Correfspondence with Mr. Deane.
Two weeks after he had taken his degree, Mr. Jay en
tered the office of Benjamin Kissam, Esq., in the city of
New-York, as a student at law. With this gentleman he
soon found himself on those terms of easy familiarity which
are inspired by mutual esteem and confidence. In after
life he was accustomed to speak of Mr. Kissam as one of
the best men he ever knew, and one of the best friends he
ever had.*
* Lindley Murray, afterward distinguished by his various works on
grammar and religion, was at this time a student in the same office. In a
short memoir of himself, published after his death, he paid the following
tribute to his early companion : — " The celebrated John Jay, Esq., late Gov
ernor of New-York, was my fellow-student for about two years. His talents
and virtues gave at that period pleasing indications of future eminence : he
was remarkable for strong reasoning powers, comprehensive views, indefati
gable application, and uncommon firmness of mind. With these qualifica-

LIFE OF JOHN JAY. 17
To a letter from Mr. Kissam, while absent, making some
inquiries about the business of the office, his clerk returned
the following answer : " New-York, 12th August, 1766.
" Deak Sm,
" To tell you that I often find myself at a loss for some
thing to say, would be telling you nothing new ; but to in
form ^you that whenever I sit down to write, my invention
makes a point of quarrelling with my pen, will doubtless
be to account for the in my
letters. In writing to those who, I know, prefer honest
hearts to clear heads, I turn thought out of doors, and set
down the first ideas that turn up in the whirl of imagination.
You desire me ' to give you some account of the business
of the office :' whether my apprehension is more dull than
common,s,or whether I have slept too late this morning and
the drowsy god is still hovering over my senses, or from
what other cause, matter, or thing I know not ; but I really
do not well understand what you would have me do. You
surely do not mean that I should send you a list of new
causes on your docket ; for I imagine 'tis perfectly indifferent
whether you receive a fee in the cause A. vs. B., or B. vs.
A. : the number of them, indeed, may (as the New-England
lawyers' phrase is) be a matter of some speculation. And,
therefore, to remove every hook and loop whereon to hang
a doubt, I won't acquaint you that there are a good many;
for you and I may annex different ideas to these words —
but that you have new ones in the Supreme, and
in the Mayor's Court.
" If by wanting to know how matters go on in the office,
you intend I shall tell you how often your clerks go into
tions, added to a just taste in literature, and ample stores of learning and
knowledge, he was happily prepared to enter on that career of pubhc virtue
by which he was afterward honourably distinguished, and made instrumental
in promoting the good of his country."
VOL. I.  D

18 LIFE OF JOHN JAY,
it ; give me leave to remind you ofthe old law maxim, that
a man's own evidence is not to be admitted in his own
cause. Why ? Because 'tis ten to one he does violence to
his conscience. If I should tell you that I am all day in the
office, and as attentive to your interest as I would be to my
own, I suspect you would think it such an impeachment of
my modesty as would not operate very powerfully in favour
of my veracity. And if, on the other hand, I should tell
you that I make hay while the sun shines, and say unto my
soul, — ' Soul, take thy rest, thy lord is journeying to a far
country ;' I should be much mistaken, if you did not think
the confession looked too honest to be true.
" When people in the city write to their firiends in the
country, I know, it is expected that their letters should con
tain the news of the town. For my part, I make it a rule
never to frustrate the expectations of my correspondents in
this particular, if I can help it ; and that as much for my
own sake as for theirs : for it not only saves one's invention
a good deal of fatigue, but fills up blank paper very agree
ably. Things remain here, if I may speak in your own
language, pretty much in statu quo. Some, with reluctance,
shuffling off this mortal coil ; and others solacing themselves
in the arms of mortality. The ways of men, you know, are
as circular as the orbit through which our planet moves,
and the centre to which they gravitate is self: round this
we move in inystic measures, dancing to every tune that is
loudest played by heaven or hell. Some, indeed, that happen
to be jostled out of place, may fly off in tangents like wander
ing stars, and either lose themselves in a trackless void, or
find another way to happiness ; but for the most part, we
continue to frolic till we are out of breath ; then the music
teases, and we fall asleep. It is said you want more sol
diers. I suspect Mr. Morris was lately inspired by some
tutelar deity. If I remember right, he carried a great many
flints with him. Good Lord deliver you from battle, mur
der, and from sudden death.

LIFE OF JOHN JAY. 19
" Pray, how do all these insignia of war and bloodshed
sit upon Sam Jones's lay stomach. I wonder how he can
bear to see Justice leaning on an officer's arm, without
getting a fit of the spleen ; or behold the forum surrounded
with guards, without suffering his indignation to trespass
on his stoicism. I dare say he is not much pleased with
such unusual pomp of justice, such unprecedented array of
terror ; and would rather see the court hop lamely along
upon her own legs, than walk tolerably well with the assist
ance of such crutches. God bless him. I wish there were
many such men among us ; they would reduce things to
just principles.
" I have just read over what I have written, and find it
free enough in all conscience. Some folks, I kiiow, would
think it too free, considering the relation we stand in to each
other. " If I were writing to some folks, prudence would tell me
to be more straight-laced : but I know upon what ground
I stand ; and professional pride shall give me no uneasi
ness, while you continue to turn it, with Satan behind
your back. " Yours, truly,
"John Jay."
Mr. Kissam's reply to this letter proves that its freedom
was warranted, by the grounds on which he had thought
proper to place his intercourse with his young friend.
" Dear Sir,
" I just now received your long letter of the 12th inst.,
and am not a little pleased with the humour and freedom
of sentiment which characterize it. It would give me
pain if I thought you could even suspect me capable of
wishing to impose any restraint upon you, in this high and
inestimable privilege of friendship. Because I can see no
reason why the rights of one relation in life should destroy

20 LIFE OF JOHN JAY.
those of another, I detest that forbidding pride which, with
formal ceremony, can stalk over the social rights of others,
and elevate the soul in a vain conceit of its own dignity
and importance ; founded merely in some adventitious cir
cumstance of relative superiority. Take this, therefore, if
you please, as a nolli prosequi for the heinous crime of
writing a free and familiar letter to me ; with this further,
that whenever you transgress in the other extreme, you
must not expect to meet with the same mercy.
" I really believe, Jay, your pen was directed by the
rapid whirl of imagination ; nay, I am convinced that this
whirl was begun, continued, and ended with a strong tide.
I can't help conceiving it under the idea of a mill-tide,
which keeps the wheels in a quick rotation, save only with
this difference, that the motion of that is uniform, yours
irregular — an irregularity, however, that bespeaks the
grandeur, not the mfeanness of the intellectual source from
whence the current flows. I will now explain to you what
I meant by asking how business went in the office. And
first, negatively, I did not want a fist or the number of the
new causes ; neither was I anxious to know how often you
visited the office. But, as a regard to your modesty on the
one hand, and your veracity on the other, has induced you
to evade an answer to the last, I will, nevertheless, solve
the dilemma for you by saying, that I believe you have too
much veracity to assume a false modesty, and that you are
too honest to declare an untruth. And, as you have left
me between two extremes, I shall take the middle way ;
and do suppose that, upon the whole, you attend the office
as much as you ought to do ; so that you see I save both
your modesty and veracity, and answer the question as
you state it into the bargain.
« But, affirmatively, I am to tell you, that I did mean to
ask in general, whether my business decreased much by
my absence; and whether my returns at the last term
ivei-e pretty good ; and whether care has been taken to put

LIFE OF JOHN JAY. 21
that business forward as much as "possible. I conclude,
however, that though you did not take me, as the Irishman
said, yet these things have been properly attended to.
" Here we are, and are likely to be so, I am afraid, these
ten days. There are no less than forty-seven persons
charged, all upon three several indictments, with the mur
der of those persons who lost their lives in the affray with
the sheriff. Four or five of them are in jail, and will be
tried this day : what their fate will be, God only knows ;
it is terrible to think that so many lives should be at stake
upon the principles of a constructive murder : for I sup
pose that- the immediate agency of but a very few of the
party can be proved.
" I am, your affectionate friend,
" Benjamin Kissam.
"Albany, the 25th August, 1766."
On commencing his clerkship, he asked his father's per
mission to keep a riding horse. His prudent parent hesi
tated, and remarked that horses were seldom eligible com
panions for young men ; adding, " John, why do you want
a horse ?" " That I may have the means, sir, of visiting
you frequently,'" was the reply ; and it removed every
objection. The horse was procured ; and during the three
years of his clerkship, Mr. Jay made it a rule to pass one
day with his parents at Rye every fortnight.
In 1768 Mr. Jay was admitted to the bar, and almost
immediately acquired an extensive and lucrative practice.
Of the opinion entertained of his talents by his late master,
the following, addressed to him at the White Plains Court,
is both a pleasant and an honourable testimony.
" Dear Jack,
" When you consider that all the causes you have hitherto
tried have been by a kind of inspiration, you will need only

22 LIFE OF JOHN JAY.
a small degree of enthusiasm to be persuaded that my
lameness is a providential mercy to you, by calling you to
action again. If it was not for you, or some other such
apostolic lawyer, my clients would be left in the lurch this
court, as I am afraid I cannot attend myself. But, sir, you
have now a call to go forth into my vineyard ; and this
you must do, too, upon an evangelical principle — that the
master may receive the fruits of it. All I can tell you about
the causes is little more than to give you a list of their titles ;
but this is quite enough for you. One is about a horse-race,
in which I suppose there is some cheat ; another is about
an eloped wife ; another of them also appertains unto horse
flesh. These are short hints ; they may serve for briefs.
If you admire conciseness, here you have it. There is one
writ of inquiry.
" As to the cause about Captain's island, this, tell Mr.
Morris, must go off. Because, as you are concerned against
me, I can't tell where to find another into whose head the
cause can be infused in the miraculous way of inspiration ;
and without this it would rather be too intricate for any one
to manage from my short hints. There will probably be
some of my old friends, who may inquire after me, and per
haps some new ones will want to employ me : will you
be kind enough to let them know that you will take care of
any business for me. I ask these favours from you, John,
with great freedom. I wish you good success with my
consignments, and hope they'll come to a good market. If
they don't, I am sure it will not be the /actor's fault ; and if
my clients' wares are bad, let them bear the loss.
" You will see my docket, with memoranda to direct
what is to be done. If my leg is better, perhaps I may see
you on Wednesday ; but it is very uncertain. Where
Mr, Morris is not against me, I am sure he will be with me ;
and you may call on him for that purpose with as much
freedom as if I had a perfect right to command his service.

LIFE OF JOHN JAY. 23
I know the goodness of his heart ; and his friendship for me
will make him embrace every opportunity to serve me with
pleasure. " I am, your humble servant,
" Benj. Kissam.
" New- York, 6th Nov. 1769."
It sometimes happened that Mr. Jay and Mr. Kissam
were engaged on opposite sides in the same cause ; and on
one of these occasions, the latter being embarrassed by
some position taken by the other, pleasantly remarked in
court, that he had brought up a bird to pick out his
own eyes. " Oh no," retorted his opponent, " not to pick
out, but to open your eyes."
Mr. Jay's devotion to his profession, before long, began
to affect his health, and his physician advised him to take
exercise, as indispensable to its recovery. This advice
was followed with characteristic energy and perseverance.
He took lodgings six miles from his office, and for a whole
season came to town every morning on horseback, and
returned in the evening. The experiment was attended
with complete success.
On commencing practice, he entered into partnership
with his relative, Robert R. Livingston, Esq., afterward
chancellor of the State of New- York. The connexion,
however, was soon dissolved ; probably, because they dis
covered that their separate efforts could command an ade
quate share of business.
Commissioners having been named by the king to settle
the disputed boundary between New-Jersey and New-
York, Mr. Jay was appointed secretary to the commis
sion ; a situation that for a while exacted from him a large
portion both of time and labour.
In 1774, Mr. Jay was married to Sarah, the youngest
daughter of Wilham Livingston, Esq., afterward for many
years governor of New-Jersey, and a zealous and distin-

24 LIFE OP JOHN JAY.
guished patriot ofthe revolution. His prospects of domes
tic happiness and professional eminence were now unusually
bright ; but they were soon clouded by the claims of his"
country, which called him from the bar, and the endear
ments of home, to defend her rights in the national coun
cils, and at foreign courts.
The passage of the Boston port Bill, on the 31st of
March, 1774, disclosed to the American people the vindic
tive feelings of the British ministry, and taught them that
a prompt and vigorous resistance to oppression could alone
preserve their freedom. The news of this act excited uni
versal alarm. A meeting of the citizens of New- York was
assembled on the 16th of May, to " consult on the measures
proper to be pursued in consequence of the late extraor
dinary advices received from England." The meeting
nominated a committee of fifty " to correspond with our
sister colonies on all matters of moment." This committee
was the first body organized in the colony, in opposition to
the measures which resulted in the American revolution.
Mr. Jay was one of the committee, and was immediately
placed on a sub-committee appointed to prepare answers
to whatever letters might be received. The committee
had soon an extensive correspondence ; and their sittings
were frequent, and with closed doors. The minutes of
this committee are still extant,* and form an historical
document of no ordinary interest.
On the 23d of May, the sub-committee reported the
draught of an answer to a letter received from a com
mittee at Boston. The answer was adopted, and copies
of it ordered to be forwarded to Connecticut, Philadelphia,
and South Carolina. The following extract from this let
ter, which was probably from the pen of Mr. Jay, is interest
ing, as it contains the first proposition that was made for
convoking a general congress to consider the present state
? They are preserved in the Library ofthe New-York Historical Societv.

LIFE OF JOHN JAY. 25
of affairs. The members of the Virginia House of Bur
gesses had indeed, three days before, recommended the more
general measure of an agreement among the colonies for
the annual appointment of delegates, who were to meet and
deliberate on their common interests. This recommenda
tion had not, of course, reached the New- York Committee,
who, in their letter to their firiends in Boston, observed,
" Your letter enclosmg the vote of the town of Boston and
the letter of }'oiu: Committee of Correspondence were imme
diately taken into consideration. While we think you justly
entitled to the thanks of your sister colonies for asking their
advice on a case of such extensive consequences, we lament
our inability to relieve your anxiety by a decisive opinion.
The cause is general, and concerns a whole continent who
are equally interested with you and us ; and we foresee
that no remedy can be of avail tmless it proceeds from the
joint act and approbation of all. From a virtuous and
spirited union much may be expected, while the feeble efforts
of a few "^viU only be attended with mischief and disappoint
ment to themselves and triumph to the adversaries of liberty.
" Upon these reasons we conclude, that a Congress of
Deputies from the colonies in general is of the utmost
moment ; that it ought to be assembled without delay, and
some unanimous resolutions fomned in this fatal emergency,
not only respecting your deplorable circumstances, but for
the security of our common rights. Such being our senti
ments, it must be premature to pronounce any judgment on
the expedient which you have suggested. We beg, how
ever, that you will do us the justice to believe that we shall
continue to act with a firm and becoming regard to Ameri
can fi-eedom, and to co-operate with our sister colonies in
every measure that shall be thought salutarj^ and conducive
to the pubhc good. 'We have nothhig to add, but that we sin
cerely condole with you in your imexampled distress, and
to request your speedy opinion of the proposed Congress,
VOL. I.  E

26 LIFE OP JOHN JAT-
that if it should meet with your approbation we may exert
our utmost endeavours to carry it into execution."
On the 7th June a second letter was addressed to the Bos
ton Committee, requesting them to appoint the time and
place for the assembling of the proposed Congress. The
New- York Committee, on the 4th of July, resolved that dele
gates ought to be appointed to represent the city in a general
Congress, whenever it should be holden ; and they advised
the citizens to meet on the 19th ofthe same month, to elect
their delegates ; at the same time recommending to their
suffrages five gentlemen, of whom Mr. Jay was one.
At this period a diversity of sentiment prevailed among the
whigs in New- York. A majority of the committee were in
favour of referring all important measures to the proposed
Congress ; while a portion of their constituents, whose zeal
exceeded their prudence, were desirous of immediate resist
ance and retaliation, and were clamorous for a non-impor
tation agreement, without waiting for the opinion or con
cert of the other provinces. The meeting on the 19th of
July, called by the committee, was chiefly attended by this
party ; and although the candidates nominated by the com
mittee were chosen, certain resolutions proposed by the com
mittee were rejected, and persons were appointed to draft
others more in unison with the temper of the meeting. Mr.
Jay, who seems to have possessed the confidence of both par
ties, was one of those selected to prepare the new resolu
tions. To the oflicial notice of his appointment he returned,
in conjunction with three others, the following reply :
" Gentlemen,
" We have received your notice to attend tbe committee
appointed yesterday to draw up resolves for the city. When
we consider that the appointment of this committee was
proposed and carried without any previous notice of such
design having been given to the inhabitants, and made no

LIFE OP JOHN JAY. 27
part ofthe business for which they were requested to assem
ble, we think our election too irregular to assume any
authority in consequence, to draw resolves for the town ;
especially as the nomination of the committee seems to cast
an invidious reflection on the Committee of Correspondence,
and manifestly tends to divide the citizens into factions and
parties, at a time when they should be distinguished by con
cord and imanimity. Besides, we conceive our attendance
could answer no good purpose, nor afford you any assist
ance. The resolves read yesterday, with a few amend
ments, contain our sentiments. We are, gentlemen,
" Your obdt. servts."
The resolutions proposed by the committee contained the
following, which led to their rejection.
" Resolved, That as the wisdom of the colonies will in all
probability be collected at the proposed Congress, it would
be premature in any colony to anticipate their conduct by
resolving what ought to be done ; but that it should be left to
the joint counsels to determine on the mode which shall
appear most salutary and effectual to answer the good pur
poses for which they are convened.
" Resolved, That nothing less than dire necessity can jus
tify or ought to induce the colonies to unite in any measure
that might materially injure our brethren the manufacturers,
traders, and merchants of Great Britain ; but that the pre
servation of our inestimable rights and liberties, as enjoyed
and exercised and handed down to us by our ancestors,
ought to supersede all other considerations."
As already mentioned, the meeting consisted chiefly of
the violent party, and not being a fair representation of the
city, Mr. Jay, and two others of the delegation appointed
by it, the next day published the following card :
" We conceive the sense of our fellow-citizens, relative
to the delegates to represent them at the proposed Congress
(notwithstanding the proceedings yesterday at the coffee-

28 LIFE OP JOHN JAY.
house), remains so uncertain, that until the sentiments of the
town are ascertained with greater precision, we can by no
means consider ourselves or any others ntSminated as dele
gates, duly chosen, or authorized to act in so honourable
and important a station."
A new election was thus rendered necessary; and it
being thought advisable to hold it with more formality than
the last, the committee recommended that a poll should be
held on the 28th July, and that all who paid taxes should
be allowed to vote ; and the aldermen and common council
of the city were requested to preside at the election.
It was now obvious, that no non-importation agreement
would be generally entered into before the meeting of Con
gress, and without the recommendation of that body.
Hence the party who had hitherto insisted on the immediate
adoption of this measure without the concert of the other
colonies, were now anxious to secure a delegation favour
able to their views. A meeting of the party was held, and
a committee appointed to procure from Mr. Jay and the
other candidates a pledge, that if elected, they would use
their endeavours in favom- of a non-importation agreement,
informing them at the same time, that unless they would
give this pledge, other candidates would be supported in
opposition to them.
To this they replied :
" Gentlemen,
" Should we become your delegates, we beg leave to
assure you that we will use our utmost endeavours to carry
every measure into execution at the proposed Congress
that may then be thought conducive to the general interest
of the colonies ; and at present are of opinion that a
general non-importation agreement, faithfully observed,
would prove the most efficacious means to procure a
redress of grievances. Permit us to add, that we are led
to make this declaration of our sentiments, because we

life op JOHN JAY. 29
think it right ; and not as an inducement to be favoured
with your votes : nor have we the least objection to your
electing any gentlemen as your delegates in whom you
think you can repose more confidence than in
" Your humble servants, " Philip Livingston,
" John Alsop,
" Isaac Low,
"John Jay."
As to the .expediency of a non-importation agreement.
Congress and their constituents unfortunately laboured
under a fatal mistake. They anticipated at this period, not
a long and disastrous war, but rather a contest of commer
cial restrictions. Instead, therefore, of opening their ports,
and hastily laying in large supplies, both of the necessaries
of life and the munitions of war, they adopted a system of
the most rigid self-denial, and discovered, when too late, that
they had rendered the country almost totally destitute of
military stores, and of those articles which the wants and
customs of society render important, but which at that
time could only be procured from abroad. Whether the
answer of the candidates proved satisfactory or not, or
whether it was discovered that opposition would be
unavailing, is now unknown. The candidates were elected
by a unanimous vote.
The situation of delegate to the Continental Congress, a
body unknown to the laws, and convened in opposition to
the wishes and influence of the royal governors, and for
the purpose of counteracting the designs of government,
seems not to have been generally coveted. Every county
in the colony had the same right to send delegates to the
Congress as the city and county of New-York, yet Suffolk,
Orange, and Kings were the only ones which exercised
it. The towns of Kingston, New- Windsor, Bedford, White
Plains, Mamaroneck, Poughkeepsie, and the city of Albany

30 LIFE OP JOHN JAY.
authorized the New- York delegation to act for them : the
rest of the colony was unrepresented.
Mr. Jay took his seat in Congress, at Philadelphia, on
the 5th of September, 1774, being the first day of its ses
sion. He was in the twenty-ninth year of his age, and it
is believed, the youngest member of the House. He sur
vived all his colleagues several years.
The first act of Congress was to appoint a committee
" to state the rights of the colonies in general ; the several
instances in which those rights are violated or infringed ;
and the means most proper to be pursued for obtaming a
restoration of them." Mr. Jay was placed on this com
mittee ; and soon after on a committee for drafting an
address to the people of Great Britain, and a memorial to
the people of British America. The address to the people
of Great Britain was assigned by the committee to Mr.
Jay. The occasion, the subject, his own youth, and this
his first appearance in the national councils, all united in
demanding from him the utmost exertion of his powers.
To secure himself from interruption, he left his lodgings,
and shut himself up in a room in a tavern ; and there com
posed that celebrated state-paper ; not less distinguished
for its lofty sentiments, than for the glowing language in
which they are expressed.* The address was reported by
the committee, and adopted by Congress, and immediately
led to much inquiry and discussion respecting the author.
Mr. Jefferson, while still ignorant of the author, declared
it to be " a production certainly of the finest pen in
America."! Congress terminated its labours in about six weeks ; and
in this brief period, Mr. Jay had acquired the confidence
of his countrymen by the ability and zeal he had manifested
in their service.
One of the acts of Congress was to recommend the
* See Appendix. + Jefferson's Writings, vol. i. p. 8.

LIFE OF JOHN JAY. 31
appointment of town and county committees, for the pur
pose of carrying into effect the non-importation and non-
consumption association ; and exposing to the public indig
nation the persons who might violate it. In consequence
of this recommendation, the New- York Committee of Cor
respondence called on the citizens to elect " a Committee of
Observation," and thereupon dissolved. The new commit
tee, which consisted of sixty, was chosen the 18th Novem
ber, and included Mr. Jay among its members.
The late Congress had made provision for the meeting of
another on the 10th of May in the ensuing year. The New-
York Committee again took measures to secure the election
of delegates, but as the mode before adopted had resulted in
only a partial representation of the colony, the committee
now advised the counties to elect deputies to a Provincial
Convention, to assemble in New- York on the 20th April, for
the sole purpose of choosing delegates to Congress. The
convention accordingly met, and Mr. Jay appeared in it as a
deputy from the city ; and was chosen a delegate to Congress.
The Committee of Observation was appointed for the
purpose of carrying into effect the measures proposed for
interrupting the commerce of Great Britain with her colo
nies. But it was soon discovered that the exigences of
the times required attention to other objects; and that the
powers of the committee were too limited to make proper
provision for the safety of the city. The committee, there
fore, advised their fellow-citizens to elect in their stead a
more numerous committee, and with general powers. But
whatever might be the powers of the New-York Commit
tee, it would still be only a local committee, incapable of
exerting through the colony a general and harmonious
authority, claiming the confidence and obedience of all.
The Legislature being, from various causes, under the
influence of the royal government and its adherents, no
longer represented the sentiments of the people : under
these circumstances, the New- York Committee advised the

32 LIFE OP JOHN JAY.
counties to elect deputies to a Provincial Congress, to
assemble on the 22d of May. Both the recommendations
of the committee were adopted. The city of New- York,
on the 28th of April, appointed a " Committee of Asso
ciation," consisting of one hundred, and invested them with
general undefined powers. Mr. Jay was the third time
appointed to represent his fellow-citizens in their city com
mittee. The Provincial Congress convened in New- York
on the 28th of May, and immediately assumed the functions
of the Legislature.
The new committee evinced by the energy of their
measures that they were not unmindful of the object of
their appointment. They called on the citizens to arm, and
to perfect themselves in military discipline. They likewise
ordered the militia to patrol the streets at night, to prevent
the exportation of provisions. The Provincial Congress
had not yet assembled, and, in the absence of all legal
authority, the committee was the only body that could
assume the responsibility of such high-toned measures.
The committee, moreover, addressed a spirited letter to
the lord mayor and magistrates of London, praying them
to iise their endeavours for the redress of American griev
ances. This letter bore Mr. Jay's signature.
On the 10th May, 1775, the second Congress assembled at
Philadelphia, and with the exception of a recess during the
month of August, continued in session during the remainder
of the year. The measures of this Congress were of the
most decided character, and although they were not aimed
at independence, they evinced an inflexible resolution to
maintain constitutional liberty at every hazard. The
battle of Lexington, which had occurred shortly before
the meeting of Congress, disclosed the design ofthe British
ministry to employ force where they might think it neces
sary ; and Congress were thus compelled to consider the
momentous question, whether the people of America should
take up arms against their sovereign in defence of their

LIFE OF JOHN JAY. 33
I'ights. This question was soon brought to a decision, by
an application fi-om the New- York delegates for the advice
of Congress, as to the conduct proper to be observed by the
citizens of New- York on the expected arrival of a British
armament at that place. On the 1 Sth May, Congress recom
mended to the citizens of New- York not to commence
hostilities, but to repel force by force, and not to permit the
British to erect fortifications, or to cut off the communication
between' the town and country. But it soon became evident
that in order to act successfully, even on the defensive, an
organized force would be requisite ; and Congress proceeded
to take measures for raising an, army, and adopted a code
of "Rules and Regulations ofthe American army." It is
pleasing to observe the regard for religion and morality
manifested in this code. The. officers and soldiers were
earnestly exhorted diligently to attend Divine worship ;
penalties were provided for such as should use profane
oaths ; and duels were ex;pressly prohibited. In a subse
quent period of the session, rules and regulations were
established for 4he navy of the United Colonies ; and every
commander was enjoined to have Divine service performed
twice a day on board his vessel, and a sermon preached
every Sunday.
On the 15th June, Washington was chosen commander-
in-chief, and a few days after, the subordinate generals were
appointed.. These officers were selected from different
parts ofthe continent, and it was thought expedient to take
a brigadier from New-Hampshire ; but Congress were
unacquainted with any military gentleman from that colony
fit for the station. In this dilemma Mr. Jay nominated Mr.
John Sullivan, a delegate in Congress from New-Hamp
shire, — saying that his good sense was known to the house,
and as to his military talents, he would take his chance for
them. The nomination was confirmed, and the discern
ment which prompted it was abundantly justified by General
Sullivan's active and useful career.
VOL. I.  P

34 ISFE OP JOHN J-VY.
Fully sensible of tlie important aid which Canada migfrt
yield to eidier side in>the approacliing contest. Congioss
deemed it prudent to address its inliabitants. This address
was written by JMr. Jay.
"When hai-dy attempts," says die address, •• are made to
deprive men of rights bosto^^•cd by the Ahnight)' ; when
avenues are cut through tlie most solemn compacts for the
admission of despotism ; when the plighted faith of govern
ment ceases to give security to dutiful subjects ; and when
tlie insidious stratagems and manoeuvres of peace become
more terrible than the sanguinai-y operations of war, it is high
time for diem to assert tliose rights, and witii honest indig
nation oppose the torrent of oppression rushing in upon them.
" By the introduction of youu- present form of government,
or radier present form of tyranny, you and your wi\os and
your children are made slaves. You have nothing tliat you
can call your own, and ail tlie fruits of your labour and
industry niaj' be taken from you wJienever an avaricious
governor and a rapacious council may incline to demand
tliem. You ai-e liable by tlieir edicts to be transported into
foreign comitries, to fight battles in which you have no
interest, and to spill your blood in conflicts from wliich
neither honour nor emokunent can be derived. Nay, the
enjoyment of your very religion, on tlie present system,
depends on a legislature in which you have no share, and
over wliich you have no control; and yoiu- priests ai-e
exposed to expulsion, banislimcnt, and ruin, whenever tlieir
wealth and possessions furnish suflicient temptation.
"We are informed you have already been called upon to
waste your lives in a contest with us. Should you, by com
plying in this instance, assent to your new establishment, and
war brealv out widi France, your wealdi and yom- sons may
be sent to perish in expeditions against tlieii- islands in the
West Indies.
"It cannot be presumed that these considerations will
have no weight with you, or that you are so lost to all sense

LIFE or JOHN JAY. 35
of honour. We can never believe that the present race of
Canadians are so degenerated as to possess neither the spirit,
the gallantry, nor the courage of their ancestors.
" We, for our parts, are determined to live free, or not at
all ; and we are resolved that posterity shall never reproach
us with having brought slaves into the world.
" As our concern for your welfare entitles us to your
friendship, we presume you will not, by doing us an injury,
reduce us to the disagreeable necessity of treating you as
enemies." To defi-ay the expense of the army, bills to the amount
of two millions of dollars were issued on the faith and credit
of the twelve confederated colonies, Georgia being not yet
represented in Congress.
On the 6th July, Congress published a very able declara
tion, " setting forth the causes and necessity of their taking
arms." Mr. Jay was a member of the committee by whom
this declaration was prepared, but it is not now known firom
whose pen it proceeded. The foUowing assertions in this
declaration were made in perfect good faith, and exhibit in
a strong light the infatuation of the British ministry, who
compelled a loyal people reluctantly to abjure for ever their
allegiance to the British crowh.
"Lest this declaration should disquiet the minds of our
friends and feflow-subjects in any part of the empire, we
assure them that we mean not to dissolve that union which
has so long and so happily subsisted between us, and which
we sincerely wish to see restored. Necessity has not yet
driven us into that desperate measure ; we have not raised
armies with ambitious designs of separating from Great
Britain, and establishing independent states. In our native
land, in defence of the freedom that is our birthright, and
which we ever enjoyed till the late violation of it — ^for-the
protection of our property, acquired solely by the honest
industry of our forefathers and ourselves — against violence
actually offered, we have taken up arms. We shall lay

36 LIFE OP JOHN JAY.
them down when hostilities shall cease on tlie part of the
aggressors, and all danger of tlieir being renewed shall be
removed, and not before."
On the Sth July, Congress individually signed a petition
to die king. Tliis measure originated witii Mr. Jay, and
was carried by him against a very strong opposition in
Congress. The petition from die last Congress had been
treated with insulting neglect, and it was now contended
that to petition a second time would be inconsistent with
self-respect; and aldiough no regard would probably be
paid to the petition, yet it would tend to excite fallacious
hopes of an accommodation, and consequentiy to postpone
the necessary preparations for a contest that was now
inevitable. Mr. Jay, however, maintained, that if the people
were called to take up arms against their sovereign, they
ought to be persuaded that such a measure was unavoidable ;
and should it be found necessary hereafter for the colonies
to separate from Britain, the conviction tiiat no proper
efforts to prevent such an event had been Omitted, would
reconcile the consciences of many to a course of conduct
which would otherwise be inconsistent with their oaths of
allegiance. The arguments of Mr. Jay prevailed ; and a
committee, including himself, was appointed to draught tiie
petition. Mr. Dickenson, one of the committee, wrote the
petition. It was ably drawn, and well calculated to allay
the resentment which the late proceedings in Congress were
likely to excite in those who entertained exalted opinions
of the royal prerogative. The petition was loyal and
respectful, and represented the people of America as
desirous only to preserve their own rights, and not seeking
to invade those ofthe king and parliament.
All the advantages anticipated by Mr. Jay from this
measure were fully realized ; and he was accustomed to
speak of the auspicious influence it exercised on the Amer
ican revolution. The rejection of the petition left no other
alternative than submission or resistance; and numbers

LITE OP JOHN JAY. 37
acquiesced in the declaration of independence the ensuing
year, as an act of necessity, who would have questioned its
lawfulness had not the experiment of accommodation been
fairly and fully made.
Congress likewise published a second address to the
people of Great Britain, disclaiming any wish for independ
ence, but asserting their determination to resist all encroach
ments on their rights. A letter was also addressed to the
lord-mayor, aldermen, and livery of London, thanking them
for the interest they had manifested for the preservation of
American liberty, and sohciting the continuance of their
good offices. Congress having addressed the people of
Canada, it was thought prqper to pay the same attention to
their fellow-subjects of Jamaica and Ireland. The latter
address was written by Mr. Jay, at the request of his father-
in-law, who was a member bf Congress from New-Jersey,
and one of the committee appointed to prepare the draught.
The address, after painting in glowing colours the wrongs
America had suffered, mentioned the mild measures of
resistance adopted by the colonies. " Congress agreed to
suspend all trade with Great Britain, Ireland, and the West
Indies. And here permit us to assure you, that it was with
the utmost reluctance we could prevail upon ourselves to
cease our commercial connexion with your island. Your
parliament had done us no wrong. You had ever been
friendly to the rights of mankind ; and we acknowledge
with pleasure and gratitude that your nation has produced
patriots who have nobly distinguished themselves in the
cause of humanity and America. On the other hand, we
were not ignorant that the labour and manufactures of
Ireland, like those of the silk^-worm, were of httle moment
to herself, but served only to give luxury to those who
neither toil nor spin. We perceived that if we continued
our commerce with you, our agreement not to import from
Britain must be fruitless. Compelled to behold thousands
of our countrymen imprisoned, and men, women, and

38 LIFE OP JOHN JAY.
children in promiscuous and unmerited misery — when we
find all faith at an end, and sacred treaties turned into
tricks of state — when we perceive our friends and kinsmen
massacred, our habitations plundered, our houses in flames,
and dieir once happy inhabitants fed only by the hand of
charity— who can blame us for endeavouring to restrain
the progress of the desolation? Who can censure us for
repelhng the attacks of such a barbarous band ? Who in
such circumstances would not obey the great, the universal,
the divine law of self-preservation? Though vilified as
wanting spirit, we are determined to behave like men;
though insulted and abused, we wish for reconciliation ;
though defamed as seditious, we are ready to obey the laws r
and though charged with rebellion, will cheerfully bleed in
defence of our sovereign in a righteous cause. What more
can we say — what more can we offer ?
" We know that you are not without your grievances.
We sympathize with you in your distress, and are pleased
to find that the design of subjugating us has persuaded
administration to dispense to Ireland some vagrant rays of
ministerial sunshine. Even the tender mercies of govern
ment have long been cruel towards you. In the fat pastures
of Ireland many hungry parricides have fed and grown
strong to labour in her. destruction. We hope the patient
abiding of the meek may not always be forgotten."
Congress, having thus taken all the measures dictated by
human prudence, submitted their cause vdth prayer and
fasting to Him, without whose blessing the wisdom of man
is foUy, and his strength weakness. The 20th of July,
agreeably to a previous recommendation of Congress, was
observed throughout the colonies as "a day of public
humihation, fasting, and prayer ;" and Congress in a body
attended Divine service, both in the morning and afternoon,
and listened to sermons from preachers whom they had
requested to officiate on the occasion.
The exposed situation of New- York had induced Congress

LIFE or JOHN JAY. 39
to recommend that the militia of the city should be armed
and trained, and held in readiness to act at a moment's
warning. The provincial Congress of the colony accord
ingly proceeded to organize and officer the militia, but their
commissions were not sought for with avidity. Colonel
McDougal wrote to Mr. Jay from New- York, the 30th
October, " I have many matters of importance to commu
nicate to you respecting our own safety and the public
security, which time will not now permit me to commu
nicate. Suffice it that. the tories are cheerful, and too many
of the whigs make long faces. Men of rank and influence
refuse to accept of commissions as field officers of the
militia, so that these commissions have gone a begging for
six or seven weeks."
Mr. Jay had devoted himself to the service of his country,
whether in the field or the cabinet, and shortly after this
letter he received and accepted the commission of " Colonel
of the Second Regiment of militia of foot, of the city of New-
York." His civil duties, however, were too important at
present to be relinquished for his new appointment, and he
remained at his post in Congress.
America had commenced a contest for the preservation
of her hberties, trusting solely to the goodness of her cause,
and her own courage and patriotism ; and probably without
the most remote expectation of foreign aid ; nor was it easy,
inthe existing state of Europe, to devise from what quarter
such aid could possibly be derived. A singular occurrence,
however, soon took place, that excited a gleahi of hope, that
in the approaching struggle the colonies would not be wholly
left to their own imassisted efforts. Mr. Jay used to relate
the following anecdote.
Some time in the coursd of this year, probably about the
month of November, Congress was informed that a foreigner
was then in Philadelphia, who was desirous of making to
them an important and confidential communication. This
intimation having been several times repeated, a committee

40 LIFE OP JOHN JAY.
consisting of Mr. Jay, Dr. Franklin, and Mr. Jefferson was
appointed to hear what the foreigner had to say. These
gentlemen agreed to meet him in one of the committee
rooms in Carpenter's Hall. At the time appointed they
wqnt, there, and found already arrived an elderly lame
gentleman, having the appearance^ of an old wounded
French officer. They told him they were authorized to
receive his communication ; upon which he said that his
Most Christian Majesty had heard with pleasure of the
exertions made by the American colonies in defence of their
rights and privileges ; that his majesty wished them success,
and would, whenever it should be necessary, manifest more
openly his friendly sentiments towards them. The com
mittee requested to know his authority for giving these
assurances. He answered only by drawing his hand
across his throat, and saying, " Gentlemen, I shall take care
of my head." They then asked what demonstrations of
friendship they might expect from the King of France.
" Gentlemen," answered the foreigner, " if you want arms,
you shall have them ; if you want ammunition, you shall
have it ; if you want money, you shaU have it." The
committee observed that these assurances were indeed
important, but again desired to know by what authority
they w.ere made. " Gentlemen," said he, repeating his
former gesture, " I shall take care of my head ;" and this
was the only^ answer they could obtain from him. He was
seen in Philadelphia no more. It was the opinion of
the committee that he was a secret agent ofthe French court,
directed to give these indirect assurances, but in such a
manner that he might be disavowed if necessary. Mr. Jay
stated that his communications were not without their effect
on the proceedings of this Congress. This remark probably
related to the appointment, on the 29th of November,
of a secret committee, including Mr. Jay, for corresponding
" with the friends of America in Great Britain, Ireland, and

LIFE OF JOHN JAY. 41
Other parts ofthe world." We shall have occasion to refer
hereafter to Uie very important consequences resulting from
the proceedings of this committee.
Of aU the colonies. New- York was probably the least
unanimous in the assertion and defence of the pi-inciples
of the revolution. In almost every county there were
many who openly sided with the mother country, and
still more who secretiy wished her success, and impa-
tientiy waited for the moment when they might, with
out personal danger, claim the reward of loyalty. The
spirit of disaffection was most extensive on Long Island,
and had probably tainted a large majority of its inhabitants.
In Queens county, in particidar, the people had, by a for
mal vote, refused to send representatives to tiie colonial
Congress or Convention, and had declared themselves neu
tral in the present crisis. The apprehensions of Congress
were excited, and a committee was appointed to take into
consideration the present state of the colony. Mr. Jay was
placed upon this committee, and the style of their report
indicates him as its author. The report was confined to
the situation of Queens county, and its recommendations
were introduced with the following preamble :
" Whereas a majority ofthe inhabitants of Queens county,
in the colony of New- York, being incapable of resolving to
live and die fi-eemen, and being more disposed to quit their
liberties Iban part with the httie proportion of their property
necessary to defend them, have deserted the American cause
by refusing to send deputies as usual to the Convention
of that colony, and avowing, by a pubhc declaration, an
unmanly design of remaining inactive spectators of the
present contest, vainly flattering themselves, perhaps, that,
should Providence declare for our enemies, they may pur
chase their favour and mercy at an easy rate ; and, on the
other hand, if the war should terminate m favour of America,
that then they may enjoy, without expense of blood or trea
sure, all the blessings resulting from that liberty which they,
VOL. I.  G

42 LIFE OP JOHN JAY.
in the day of trial, had abandoned, and in defence of which
many of their more virtuous neighbours and countrymen
had nobly died ; and it being reasonable that those who
refuse to defend their country should be excluded from its
protection, and prevented from doing it injury," &c.
The report then recommended that all the inhabitants who
had voted against sending deputies to the Convention, should
be put out of the protection of the united colonies, and not be
permitted to travel or abide beyond, the limits of their county ;
that any lawyer who should bring or defend any action for
them should be deemed and treated as an enemy to the
American cause ; and that six hundred men from New- Jer
sey and as many from Connecticut should be marched
into the county to disarm the disaffected, and to arrest and
keep in custody, tiU further orders, certain specified indi
viduals. The report and the accompanying resolutions
were adopted by Congress.
The refusal of the British ministry to listen to any other
terms of accommodation than unqualified submission on the
part of the colonies, convinced Congress that the time had
arrived when it became them to abandon the defensive
ground they had hitherto occupied, and to employ their
arms, not merely in protecting- themselves, but in annoying
their enemies. The point in which Great Britain was most
assailable was her commerce ; and it was determined to let
loose upon it the numerous privateers which could speedily
be sent forth from the various ports in the colonies. It was
deemed proper, however, that a measure of so much impor
tance should be preceded by a declaration explaining the rea
sons which prompted and justified it. Mr. Jay was placed
on the committee to whom the task of preparing this decla
ration was assigned, and on the 23d of March Congress
adopted their report.
In the month of April, Mr. Jay, while attending in Con
gress, was elected a representative from the city and county
of New- York, to the Convention or Congress ofthe colony.

LIFE or JOHN JAY. 43
This Convention assembled on the 14th of May. Four days
-before its meetingj Congress had resolved, " That it be
recommended to the assemblies and conventions of the uni
ted colonies, where no government sufficient to the exi
gences of their affairs hath been hitherto estabhshed, to adopt
such government as shall in the opinion ofthe representatives
of the people best conduce to the happiness and safety of
their constituents in particular and America in general."
This recommendation was nearly tantamount to a decla
ration of independence, and it did not receive the unanimous
approbation even of tiie friends of the American cause.
To institute not a provisional but a permanent government,
and thereby to renounce all dependence upon the British
crown, and to vacate at once every office filled by the royal
authority, was, especially in New-York, a work not to be
accomplished without difficulty and danger. The very
attempt was calculated to exasperate the tories to the
utmost, whUe the whigs were not all prepared to take a
step that would probably render reconciliation impossible.
Doubts, moreover, were entertained whether the Conven
tion of New- York were authorized by their constituents to
transfer their allegiance from one government to another.
Under these perplexing and critical circumstances, the Con-
venti(m required the attendance of Mr. Jay. It must be
recollected that at this time the delegates in Congress from
New- York were not elected by the people, but appointed
during pleasure by the colonial Convention. The Convention
had therefore the power of recafling Mr. Jay from Con
gress ; and, as he was himself a member of the Convention,
they could command his presence in their own body, to
assist in their deliberations. His seat in Congress was not,
however, vacated, the Convention wishing merely to avail
themselves of his counsel on the momentous subject submit
ted to them. Mr. Jay, in obedience to the summons he had
received, took his seat in the Convention on the 25th of May.
He had already been placed on a committee to whom the

44 LIFE OP JOHN JAY,
Convention had referred the recommendation of Congress,
A few days after, m a letter to his colleague in Congress, Mr.
Duane, he observed, " When 1 shall return is uncertain, the
Convention having directed me not to leave them till fur*
ther orders." The arrival of the British arrhy, the capture
of New- York, the progress of the campaign, and the con
spiracies of the tories, all united in placing the colony in so
hazardous a situation, that Mr. Jay was not permitted to
return to Congress, but was kept actively engaged during
the residue ofthe year in the service of his native state. On
the 31st of May he reported a series of resolutions, which
were adopted by the Convention, calling on the people to
elect deputies to a new Convention, with power to establish
a form of government. The 9th of July was appointed for
the meeting of the new Convention, and '^ the present Oon^.
vention continued in session in the mean time. The elec
tions, which were then conducted in a very summary man-
ner, were accordingly held, and Mr. JjEiy was returned to
the new Convention.
Oa the 29th of June, Lord Howe and his ariny arrived
off the harbour of New- York, and the Convention, appre-
bending an attack upon the city, ordered all the leaden wim
dow-sashes, which were then common in Dutch houses, tp
be taken out for the use of the troops ; an order that stri
kingly shows how ill the colony was prepared for the ardu-
ous conflict that ensued.- The next day the Convention
adjourned to White Plains, about twenty-seven miles from
the city.
The new Convention, clothed with power to estabhsh a
form of government for the colony, convened at White
Plains on the 9th of July ; and on the same day they re
ceived from Congress the Declaration of Independence.
This important' document was immediately referred to a
committee of which Mr. Jay was chairman, and he almost
instanter reported the following resolution, which was unani
mously iadopted ;

LIFE OP JOHN JAY. 45
"Resolved u-nanimously. That the reasons assigned by
the Continental Congress for declaring these united colonies
free and independent states are cogent and conclusive, and
that while we lament the cruel necessity which has rendered
this measure unavoidable, we approve the same, and will,
at the risk of our fives 'and fortunes, join with the other colo
nies in supporting it"
Thus, although Mr. Jay was, by his recall from Congress,
deprived of the honour of affixing his signature to the Decla
ration of Independence, he had the satisfaction of drafting the
pledge given by his native state to support it ; and this
pledge, in his own handwriting, is preserved among the
records of New- York.
Mr. Jay's resistance to usurped power was not confined
to that exercised by the British crown. Congress had
nominated the officers of a battalion, raised under the
authority of the New- York Convention, and had explained
to the Convention the reasons which had led to this assump
tion of power. The answer of the Convention to the com
munication from Congress was written by Mr. Jay, the
very day after he had reported the resolution just given.
After discussing with great freedom some of the arguments
assigned by Congress for encroaching upon the acknow
ledged rights of the Convention, the answer proceeded:
" The third reason given for depriving us in this instance
of the right of nomination, is the good of the service and
the danger of delay.
" The necessity of the case, has in all ages emd nations of
the world been a fruitful, though dangerous, source of
power. It has often seven tares in the fair fields of fiberty,
and like a malignant blast, destroyed the fruits of patriotism
and pubfic spirit The whole history of mankind bears
testimony against the propriety of considering this principle
as ibe parent of civil rights ; and a people jealous of their
hberties will ever reprobate it. We believe Congress went
into this measure with pure intentions, and with no other

46 LIFE OP JOHN JAY.
wish than that of serving their country ; and we entertain
too high an opinion of their virtue and integrity to apolo
gize for a plainness of speech becoming freemen, and which
we know can give offence only to that counterfeit and adul
terated dignity which sweUs the pride of those who, instead
of lending, borrow consequence from their offices. And,
sir, we beg leave to assure Congress, that though we shall
always complain of and oppose their resolutions when they
injure our rights, we shall ever be ready to risk our lives
and fortunes in supporting the American cause."
About this time a clerical member of the Convention
asked leave of absence for a short period, for the purpose
of visiting his parish. As the part taken by Mr. Jay on
this occasion has been frequently misrepresented as evinc
ing great disrespect towards the Sacred profession, we shall
be excused for inserting the resolution he introduced, and
which was agreed to by the House.
" Whereas the Rev. Mr. Kettletass, one of the deputies
from Queens county, having been solemnly devoted to the
service of God and the cure of souls, has good right to
expect and claim an exemption from all such emplojnnents
as would divert his attention from the affairs of that king
dom which is not of this world, — Resolved, that the said
Mr. Kettletass be at liberty to attend this House at such
times only as he may think proper, and that his absence be
not considered by this House as a neglect of duty."
The Declaration of Independence had totaUy changed, not
only the relation of the colonists to Great Brjtain, but their
relation to each other. They were no longer fellow-subjects
of the British monarch, but citizens of free and sovereign
states, which now clahned their undivided^ allegiance.
Those, therefore, among them who sided with the enemy,
and were labouring to subvert the existing governments,
were guUty of treason, and the public welfare required that
they should be treated accordingly. Mr. Jay on the 16th
July introduced into the Convention a resolution, which was

LIFE OP JOHN JAY. 47
adopted, declaring that all persons abiding in the state, and
who were entitled to the protection of its laws, who should
aid or abet the enemies of the state, were guilty of high-
treason ; and on being convicted thereof, should suffer the
penalty of death. , That this was a strong measure, consid
ering how recently all the inhabitants had acknowledged
George the Third thefr rightful sovereign, cannot be denied ;
but that it was justified by circumstances, few will be dis
posed to doubt. That many of the adherents of Britain
were actuated by a sense of duty, is certainly true ; and
the Convention did not attempt to force thefr consciences ;
it only required, that while remaining in the state and en
joying its protection, they should not aid its enemies.
A portion of Lord Howe's fleet having passed up the
Hudson, the Convention, alarmed at the consequences which
might result from the enemy's obtaining the command of
that important river, appointed on the 17th July a secret
committee, with very extensive powers, for the purpose of
obsfructing the navigation of the river and annoying the
enemy's ships. Of this committee Mr. Jay was an active
member, and was soon after his appointment despatched to
a foundery in Connecticut for the purpose of procuring a
supply of cannon and shot, and transporting them to the
river. In our present regularly organized state of society,
the extensive and undefined powers frequently at that time
intrusted to individuals, appear no less dangerous than
extraordinary. Thus, on the present occasion, Mr. Jay
was "authorized and empowered to impress carriages,
teams, sloops, and horses, and to call out detachments of
the mUitia, and generally to do, or cause to be done at his
discretion, all such raatters and things as he may deem
necessary or expedient to forward and complete the business
committed to his care."
Mr. Jay repaired to SaUsbury in Connecticut, where he
found the number of cannon he wished, but the proprietors
of the furnace declined parting with them without an order

48 LIFE OP JOHN JAY.
from the governor. Mr. Jay next went to Lebanon, to
solicit the necessary order from the governor, which after
some delay was granted. He then returned to Salisbury,
engaged teams, &c., and in a short time had twenty cannon
delivered at West Point.
Although the present Convention had been elected for the
express purpose of establishing a state government, yet so
various and important were the subjects which claimed their
immediate attention, that it was not tUl the 1st August that
a committee was appointed to report a form of government.
This committee, of which Mr. Jay was one, did not find
time to perfect their report till the ensuing year. In the
mean while, all the powers of government were exercised
by the Convention and its committees.
The invasion of the state, and the disastrous events on
Long Island, imboldened the tories, and excited the Con
vention to increased vigour and activity. A few days
before the British army entered the city, the Convention
ordered the church beds and even the brass knockers on the
doors to be removed to a place of safety, for the purpose of
being converted into cannon. They also, at the instance of
Mr. Jay, in order to prevent intercourse between the enemy
and the disaffected, established a system of passports,
by Which no person was permitted to pass from one county
to another without a certificate from certain officers, that
he was a friend to the American cause ; and all persons
travelling without such certificates were to be arrested and
imprisoned. It was soon found, however, that further and stronger
measures were necessary to counteract the machinations of
the tories, who encouraged by the presence of the British
army and fleet, were raising troops, and even seizing zealous
and influential citizens and carrying them into NewrYork,
where they were imprisoned as rebels. To put an end to
this state of things, the Convention appointed "a Committee
for inquiring into, detecting and defeating all conspiracies

LIFE OP JOHN JAY. 49
which may be formed in this State, agaiast the liberties of
America." This committee was empowered to send for
persons and papers, — to caU out detachments of the militia
in different counties for suppressing insurrections, — ^to appre
hend, secure, or remove persons whom they might judge
dangerous to the safety of the State, — to make drafts on the
treasury*-, — ^to enjoin secrecy upon their members and the
persons they employed, and t) raise and officer 220 men,
and to employ them as they saw fit Mr. Jay was placed
on this formidable committee, acted as its chairman, and was
long and laboriously engaged in its duties. The foUowing
preamble and resolutions, relative to this committee, were
from his pen.
"Whereas certain inhabitants and subjects of this State,
either seduced by the arts or corrupted by the bribes of
the enemy, or influenced by unmanly fear, profess to owe
allegiance to the King of Great Britain, although the said
king had denied them his protection, absolved them from
their allegiance, and by force of arms attempted to reduce
them from subjects to vassals, and from freemen to slaves.
" And whereas others, from the like or simUar motives,
or with design to maintain an equivocal neutrafity, and
ungenerously avoid the dangers incident to tbose who nobly
stand forth for the liberties of thefr countr\', pretend to hold
for true the exploded and ridiculous doctrine of passive
obedience and non-resistance to any power, however tyran
nical, unconstitutional, oppressive, and cruel.
" And whereas it is not only just, but consonant to the
usage of aU civilized states, to withdraw thefr protection
from, and punish such of thefr subjects as refuse to do thefr
duty in supporting the liberties and constitutional authority
of the state of which they are members. Resolved, that
the committee appointed by the Convention of this State
for the purpose of inquiring into, detecting, and defeating
all conspiracies, &c. have fiall power and authority to dis
franchise and punish all such unworthy subjects of this
VOL. I. — H

50 LIFE OP JOHN JAY.
State, as shall profess to owe allegiance to the king of
Great Britain, and refuse to join with thefr countrymen in
opposing his tyranny and invasion (other than such of the
people called Quakers, who behave as good subjects, ex
cept in not bearing arms), by transporting them with their
families, at their own expense, to the city of New-York, or
other places in possession of the enemy ; and that they be
permitted to take with them all their clothes and household
furniture ; or if they think proper, to sell and dispose of
their goods and chattels ; that they who ignominiously pre
fer servitude to freedom, may, by becoming vassals and
slaves to the king and parliament, deter others from the
like shameful and dishonourable conduct."
The minutes of this committee, which are still extant,
and many of them in Mr. Jay's handwriting, bear ample
testimony to the energy with which they exercised their
power. Their influence was felt throughout the State —
the arrests, imprisonments, and banishments made by them,
were almost numberless. Many tories, with their families,
were sent into New-York, and some banished to other
States. Many were compelled to give security to reside
within certain limits : occasionally, the jails, and even the
churches, were crowded with prisoners. Emissaries were
employed to discover and counteract the plans of the tories;
and, in short, a vigilant and vigorous system of pohce was
exercised by this committee in every part of the State,
which in no small degree contributed to keep it faithful to
the common cause.
The very fact that such extraordinary powers were
vested in a few individuals, by the representatives of a
people conversant with the principles of liberty, and jealous
of their infringement, proves the very critical state of the
American cause at that period ; and the conviction of its
friends, that its success could be secured only by strong
and resolute measures.
A crisis had indeed arrived which might well alarm the

LIFE OF JOHN JAY. 51
most sanguine and devoted patriot, while it filled with
exultation the enemies of America. The city of New-
York, and all Long and Staten Islands, were in the hands
of the enemy ; their ships commanded the whole of Long
Island Sound, and part of Hudson River. The American
army had been compelled to retire from Westchester,
leaving that important county at the mercy of the British.
The northern army had been baffled in its attempt upon
Canada ; and General Washington, with about 3000 men,
almost destitute of clothing, was slowly retreating through
New-Jersey, utterly unable to check the advance of the
troops who were pursuing him. Despondency generally
prevaUed ; and the British general, avaUing himself of the
panic occasioned by his successes, scattered abroad his
proclamations, offering pardon and protection to repenting
rebels. In this moment of gloom and dismay, Mr. Jay
caUed on his countrymen, in language, perhaps, the most
animating and thrilling that ever flowed from his pen, to
awaken to a sense of their danger, and to discharge the
duties they owed to themselves, thefr country, and their
God. This call was made in an address from the Conven
tion to their constituents, the 23d of December. The
address was extensively circulated ; and Congress passed
a resolve " earnestly recommending it to the serious perusal
and attention of the inhabitants of the United States ; and
ordered it to be translated and printed in the German lan
guage, at the expense of the continent."* The address,
after directing the attention of the people to the importance
and solemnity of the present period, proceeded :
" Under the auspices and direction of Divine Providence,
your forefathers removed to the wilds and wilderness of
America. By their industry, they made it a fruitful — and
by their virtue, a happy country. And we should stUl have
* Journals of Congress.

52 LIFE OP JOHN JAY.
enjoyed the blessings of peace and plenty, if we had not
forgotten the source fi-om which these blessings flowed ; and
permitted our country to be contaminated by the many
shamefld vices which have prevaUed among us.
« It is a weU known truth, that no virtuous people were
ever oppressed; and it is also true, that a scourge was
never wanting to those of an opposite chai-acter. Even
the Jews, those favourites of Heaven, met with the frowns,
whenever they forgot tiie smUes of their benevolent Creator.
By tyrants of Egypt, of Babylon, of Syria, and of Rome,
they were severely chastised; and tiiose tjT-ants them
selves, when they had executed the vengeance of Almighty
God, thefr own crimes bursting on their own heads, received
the rewai-ds justiy due to their violation of the sacred
rights of manldnd.
" You were born equally free with the Jews, and have
as good a right to be exempted from the ai-bitrary domina
tion of Britain, as they had fi-om the invasions of Egypt,
Babylon, Syria, or Rome. But they, for their wickedness,
were permitted to be scourged by the latter ; and we, for
our wickedness, axe scourged by tyrants as cruel and
implacable as those. Our case, however, is peculiarly dis
tinguished from theirs. Their enemies were strangers,
unenfightened, and bound to them by no ties of gratitude
or consanguinity. Our enemies, on the contrary, call
themselves Christians. They are of a nation and people
bound to us by the strongest ties. A people, by whose
side we have fought and bled ; whose power we have con-
fributed to raise ; who owe much of tiieir wealth to our
industry, and whose grandeur has been augmented by our
exertions." ^
After stating the extravagant demands of Britain, and die
contempt with which she had treated the complaints and peti
tions ofthe colonies ; and the success wliich had attended her
arms, the address remarked : " The enemy with greater
sfrength again invade us — ^invade us, not less by their arts

LITE OF JOHN JAY. 5S
than their ai'ms. They tell you, if you submit, you shall have
PROTECTION— that their king breatiies noUiing but peace—
that he wUl revise (not repeal) all his cruel acts and
instructions, and will receive you into favour. But what
are the terms on which you are promised peace 1 Have
you heai-d of any except (d)solute, u-ncondOional obedience
and seroile submission ? If his professions ai-e honourable
— if he means not to cajole and deceive you, why are you
not explicitly informed of tiie terms ; and whether parha
ment mean to tax you hereafter at their wiU and pleasure ?
Upon tbis and the like pomts, the military commissioners
of peace ai-e silent ; and, indeed, are not authorized to say
a word, unless a power to grant pardon implies a power
to adjust claims and secm-e privUeges ; or unless the bare
possession of life is the only privilege which Americans
are to enjoy ; for a power to grant pardon is the only one
whicli their parhament or prince have thought proper to
give tiiem. And yet tiiey speak of peace, and hold daggers
in their hands. They invite you to accept of blessings,
and stain your habitations with blood. Their voice resem
bles the voice of Jacobj but tiieir hands ai-e like the hands
of Esau. If tiie British king really desired peace, why did
he order all your vessels to be seized, and confiscated?
Why did he most cruelly command, that the men found on
boai-d such vessels should be added to the ci-ews of liis
ships of war, and compelled to fight against their own
countrymen — ^to spill the blood of their neighbours and
friends ; nay, of their fatiicrs. tiieir mothers, and tiieir
children ; and all this before these pretended ambassadors
of peace had ai-rived on our shores ! Does any history,
sacred or prolime, record any tiling more horrid, more
impious; more execi-ably wicked ! If theije be one single
idea of peace in his mind, why does he oi-der your cities
to be burned, your counfry to be desolated, your bretiiren
to stai-ve. and languish, and die in prison ? If any tiling
were intended besides destruction, devastation, and blood
shed, why are the mercenaries of Germany transported

54 LIFE OP JOHN JAY.
near four thousand miles ? They plunder your houses ;
ravish your wives and daughters ; strip your infant chil
dren ; expose whole families naked, miserable, and forlorn,
to want, to hunger, to inclement skies, and wretched deaths.
If peace were not totally reprobated by him, why are
those pusiUanimous, deluded, servile wretches among you,
who, for present ease or impious bribes, would sell their
liberty, their children, and their souls ; who, like savages,
worship every devU that promises not to hurt them ; or
obey any mandates, however cruel, for which they are
paid? how is it, that these sordid, degenerate creatures,
who bow the knee to this king, and daily offer incense at
his shrine, should be denied the peace so repeatedly prom
ised them ? Why are they indiscriminately abused, robbed,
and plundered, with their more deserving neighbours?
But in this world, as in the other, it is right and just that
the wicked should be punished by their seducers. . _ . .
" And why all this desolation, bloodshed, and unparalleled
cruelty? They tell you, to reduce you to obedience.
Obedience to what ? To their sovereign will and pleasure'.
And what then? Why, then you shall be pardoned,
because you consent to be slaves. And why should you be
slaves now, having been freemen ever since the country
was settled ? Because, forsooth, the king and parliament
of an island, three thousand miles off, choose that you
should be hewers of wood, and drawers of water for them.
And is this the people whose proud domination you are
taught to solicit ? Is this the peace which some of you so
ardently desire ? For shame ! for shame ! . . . You
may be told that your forts have been taken ; your country
ravaged ; and that your armies have retreated ; and that,
therefore, God is not with you. It is true, that some forts
have been taken, that our country hath been ravaged, and
that our Maker is displeased with us. But it is also true,
that the King of Heaven is not like the king of Britain,
implacable. If we turn from our sins. He wUl turn from
bis anger. Then will our arms be crowned with success, and

LIFE OP JOHN JAY. 55
the pride and power of our enemies, like the arrogance and
pride of Nebuchadnezzar, wUl vanish away. Let a general
reformation of manners take place — let universal charity,
pubhc spirit, and private virtue be inculcated, encouraged,
and practised. Unite in preparing for a vigorous defence
of your country, as if all depended on your own exertions.
And when you have done all things, then rely upon the
good Providence of Almighty God for success, in full con
fidence that without his blessing, all our efforts wUl in
evitably faU. . . .
" Cease, then, to desire the flesh-pots of Egypt, and re
member her task-masters and oppression. No longer hesi
tate about rejecting all- dependence on a king who will
rule you with a rod of iron: freedom is now in your
power — ^value the heavenly gift: remember, that if you
dare to neglect or despise it, you offer an insult to the
Divine bestower — nor despair of keeping it. After the
armies of Rome had been repeatedly defeated by Han
nibal, that imperial city was besieged by this brave and
experienced general, at the head of a numerous and vic
torious army. But, so far were her glorious citizens from
being dismayed by the loss of so many battles, and of all
their country — so confident were they in their own virtue
and the protection of Heaven, that the very land on which
the Carthaginians were encamped, was sold at public auc
tion for more than the usual price. These heroic citizens
disdained to receive his protections, or to regard his proc
lamations. They invoked the protection of the Supreme
Being — they bravely defended their city with undaunted
courage — they repeUed the enemy and recovered their
country. Blush, then, ye degenerate spirits, who give all
over for lost, because your enemies have marched through
three or four counties in this and a neighbouring State — ye
who basely fly to have the yoke of slavery fixed on your
necks, and to swear that you and your children shaU be
slaves for ever."

56 LIFE OP JOHN JAY.
The address then gave a glowing picture of the obsta
cles to be encountered by Great Britain in her endeav
ours to enslave her late colonies, and of the means which
Providence had furnished America for protecting the lib
erty he had given her; and concluded in the following
terms. " Rouse, brave citizens ! Do your duty like men ;
and be persuaded that Divine Providence will not per
mit this western world to be involved in the horrors of
slavery. Consider, that from the earliest ages of the world,
religion, liberty, and reason have been bending their course
towards the setting sun. The holy gospels are yet to be
preached to these western regions ; and we have the
highest reason to believe that the Almighty will not suffer
slavery and the gospel to go hand in hand. It cannot, it
wUl not be.
" But if there be any among us, dead to all sense of
honour, and love of their country ; if deaf to aU the calls
of liberty, virtue, and religion ; if forgetful of the mag
nanimity of their ancestors, and the happiness of their
children ; if neither the examples nor the success of other
nations — the dictates of reason and of nature ; or the great
duties they owe to their God, themselves, and their pos
terity, have any effect upon them — if neither the injuries
they have received, the prize they are contending for, the
future blessings or curses of their children — the applause
or the reproach of all mankind — the approbation or dis
pleasure of the Great Judge — or the happiness or misery
consequent upon their conduct, in this and a future state,
can move them ; — then let them be assured, that they
deserve to be slaves, and are entitled to nothing but anguish
and tribulation. Let them banish from their remembrance
the reputation, the freedom, and the happiness they have
inherited from their forefathers. Let them forget every
duty, human and divine ; remember not that they have
chUdren : and beware how they call to mind the justice of
the Supreme Being: let them go into captivity, like the

LIFE OF JOHN JAY. 57
idolatrous and disobedient Jews ; and be a reproach and a
by- word among the nations. But we think better things
of you, — ^we believe and are persuaded that you will do
your duty like men, and cheerfully refer your cause to the
great and righteous Judge. If success crown your efforts,
all the blessings of freemen wUl be your reward. If you
fall in the contest, you will be happy with God in heaven."
Were we to form an estimate of Mr. Jay's character
only from the language in which he denounced those who
were hostile, or indifferent to the Uberties of his country,
and from the measures he proposed against them ; we
should be almost ready to believe that a stern and devoted
patriotism had absorbed the more delicate and amiable
feelings of his breast. But his public as well as private
conduct was governed by a strict sense of moral obliga
tion ; and whUe he never permitted his friendship or sym
pathy for individuals to interfere with the paramount
claims of his country, he delighted to indulge the kind and
generous sensibilities of his nature whenever circumstances
would allow him. He invariably discountenanced all in
humanity and unnecessary rigour towards the enemy, or
the tories. On one occasion, having reason to believe that
a zealous committee-man in Westchester county had ex
ercised his power with unjustifiable severity, he complained
of his conduct, and procured a vote of censure against him
from the Convention. Some time after, this person met
him, and assured him that he was innocent of the alleged
charge, and complained that he had been condemned
without havuig an opportunity of vindicating himself. Mr.
Jay, struck with the justice of this remonstrance, instantly
replied — " You are right, and I was wrong, and I ask your
pardon." This frank acknowledgment disarmed the com
mittee-man of his resentment; and, grasping Mr. Jay's
hand, he exclaimed — " I have often heard that John Jay was
a great man, and now I know it."
VOL. I.  1

58 LIFE OF JOHN JAY.
In consequence of the vicinity ofthe enemy, Rye became
an unsafe residence for Mr. Jay's parents ; and it appears
from die minutes of the Convention that he asked and ob
tained leave of absence, in order to remove them. He
accordingly repaired to Rye, and succeeded in removing his
parents to FishkUl, about the time of tiie battle of White
Plains. The dweUing and farm at Rye were abandoned,
and soon after fell into the possession of the enemy ; nor
were they again occupied by the famUy tUl after the war.
A few extracts from Mr. Jay's correspondence wUl show
that the sternness of his public policy was far from being
prompted by natural disposition.
"to ROBERT R. LIVINGSTON. "Ph. 6th Jan., 1776.
" Dear Robert,
" Amid the various sources of consolation in seasons of
poignant distress, which the wise have long amused them
selves and the world with, the httle share of observation
and experience which has fallen to my lot convinces me
that resignation to the dispensations of a benevolent as well
as omnipotent Being can alone administer relief. The
sensations which the first paragraph of your letter has
occasioned mock the force of philosophy, and I confess
have rendered me the sport of feelings which you can more
easUy conceive than I express. Grief, if a weakness, is
nevertheless on certain occasions amiable, and recommends
itself by being in the train of passions which follow virtue.
But remember, my friend, that your country bleeds and
calls for your exertions. The fate of those very friends
whose misfortunes so justly afflict you, is finked with the
common cause, and cannot have a separate issue. Rouse,
therefore, and after vigorously discharging the duties you
owe your country, return to your peaceful shades, and
supply the place of your former joys, by the reflection
that they are only removed to a more kindred soU, like

LIFE OP JOHN JAY. 59
flowers from a thorny wilderness by a friendly florist, under
whose care they will flourish and bloom, and court your
embraces for ever. Accept my warmest thanks for the
ardour with which you wish a continuance and increase of
that, friendship to v/hich I have long been much indebted.
Be assured that its duration will always be among the first
objects of my care. Let us unite in proving by our example
that the rule .which declares juvenile friendships, like vernal
flowers, to be of short continuance, is not without excep
tions, even in our degenerate days. Mr. Deane has this
moment come in, so that I must conclude, as I hope to
conclude every letter to you, with an assurance that I am
" Your affectionate friend, " John Jay.
" P.S. — 50 tons of saltpetre arrived this day."
"to ROBERT R. LIVINGSTON.
" Philadelphia, 4th March, 1776.
" My dear FrieniJ,
" Fame says you are stiU much indisposed. I pray God
she may on this, as she does on many other occasions, prove
a liar. I wrote you last week from Elizabethtown. Tell
me whether you have received that, and which other of my
letters. I was in hopes of finding a letter from you here
for me ; and the disappointment is the greater, as the state
of your health for some time past has given me much
anxiety. The prospect of being soon deprived of a father,
and probably a mother, whom you know I tenderly love,
the unhappy situation of some of my family, added to the
distress I feel for the late misfortunes and sickness of my
friend, have occasioned more gloomy ideas in my mind than
it has ever before been the subject of: despondency, how
ever, iU becomes a man. I hope I shall meet every severe
stroke of fate with firmness and resignation, though not
with sullen indifference. It gives me consolation to reflect
that the human race are immortal, that my parents and

60 LIFE OF JOHN JAY.
fidends wUl be divided from me only by a curtain which will
soon be drawn up, and that our great and benevolent Creator
wiU (if I please) be my guide through this vale of tears to
our eternal and blessed habitation.
" Notwithstanding your letter, I shall expect that your
disorder is to be ascribed more to your sohcitude than
constitution. I weU remember that though to appear
ance not robust, you could endure great fatigue, and
few of our contemporaries have enjoyed more health
than yourself. I have a kind of confidence that exercise,
temperance, and cheerfiilness would be as friendly to you
as they were to old Cornaro. I wish you could get
away from home and pursue no other objects. Try,
if it be only for a month or two, and give up aU kind of
business of what nature soever. Don't permit anybody to
say a word to you about your causes, your rents, your
farm — ^nay, for the present avoid even pohtics, defer joining
the Congress, the Assembly, or any other body of men
whose object is business. Suppose, when the season be
comes more mild, you were to take lodgings at Bristol ?
The waters would probably be useful to you, you would
see as much and as httie company as you pleased, and
I promise to go to church with you every Sunday. Tell
Mrs. Livingston I beg she will join her persuasion to mine.
Such a Httle journey would be useful to you both, and I
should think the middle of April would not be too early for it.
" The Committee for Canada was appointed before I
reached this place. It consists of Dr. Franklin, Mr. Chace,
and a Mr. Carrol from Maryland. Had I been here I
should have proposed you, though I must confess I think
you can employ your time more to the advantage of your
health in many other ways. Your country has no demands
upon you tiU that be re-estabfished. Let me enfreat you,
therefore, to confine your attention to it. Twenty-seven
tons of powder, some saltpetre, and three hundred arms
arrived here yesterday, and we hear from good authority
that five tons of powder have arrived safe at North Carohna,

LIFE OF JOHN J AT. 61
This is all the news I have heard since I have been in town.
As to pohtics, you know the letters of Congress people
should be sUent on that subject m these times, when letters
often miscarry, &c. God bless you and give you health.
" I am yours, ifce.
"John Jay."
"to mrs. jay.
" SaKsbuiy, 29th July, 1776.
'• Mr DEAR Sally,
'• I am now returning to Poughkeepsie, where I am to
meet some members of the Convention on the 7th of August
How long I may stay there is entfrely uncertain. Unless
some unforeseen business should intervene, I purpose return
ing to the White Plains by the way of Elizabethtown. The
journey wiU be long and fatiguing, but as aU the inconve
niences of it wiU be amply compensated by the pleasure of
spending a day or two with you, I consider it with satisfac
tion, and shaU pursue it with cheerfiilness. Don't however,
depend on it lest you be disappointed. In these days of
uncertainty we can be certain only ofthe present ; the fiiture
must be the object rather of hope than expectation. My dear
Sally, are you yet provided with a secure retreat in case
Elizabethtown should cease to be a place of safety ? I shall
not be at ease tUl this be done. You know my happiness
depends on your welfare ; and therefore I flatter myself your
affection for me has, before this will reach you, induced you
to attend to that necessary- object I daily please myself
with an expectation of finding our boy in health and much
grown, and my good wife perfectiy recovered and in good
spirits. I always endeavour to anticipate good instead of
ill fortune, and find it turns to good account ; were this prac
tice more general, I fancy mankind would experience more
happiness than they usuaUy do. The only danger attend
ing it is, that by being too sanguine in our expectations,
disappointment often punishes our confidence and renders

62 LIFE OP JOHN JAY.
the sensations occasioned by mortification and chagrin more
painful than those arising from anticipated and imaginary
enjoyments were pleasing. These, however, are inconve
niences which a Uttle prudence will easily obviate. A per
son must possess no great share of sagacity who, in this
whirl of human affairs, would account that certain which,
in the nature of things, cannot be so. But this looks more
like writing an essay than a letter. I was thinking loud,
my dear wife, which you know is a species of enjoyment
which never falls to my lot but when in your company.
May I long and often enjoy it ! My compliments to all the
family. " I am, my dear Sally, and always will be,
" Your very affectionate husband, "John Jay."
"to EDWARD RUTLEDGE. " 6th July, 1776.
" Dear Rutledge,
" Your friendly letter found me so engaged by plots, con
spiracies, and chimeras dire, that, though I thanked you for
it in my heart, I had no time to tell you so either in person
or by letter. Your ideas of men and things (to speak
mathematically) run, for the most part, parallel with my
own ; and I wish Governor Tryon and the devil had not
prevented my joining you on the occasion you mentioned.
How long I may be detained here is uncertain, but I see
httle prospect of returning to you for a month or two yet to
come. We have a government you know, to form ; and
God only knows what it will resemble. Our politicians, like
some guests at a feast, are perplexed and undetermined
which dish to prefer. Our affairs in Canada have lately
become much the subject of animadversion ; and the mis
carriages in that country are, with littie reserve, imputed to
the inattention of the Congress. Indeed, there is reason to
believe that certain mUitary gentlemen who reaped no lau-

LIFE OF JOHN JAY. 63
rels there are among the patrons of that doctrine. It is to
me amazing that a strict inquiry has not been made into the
behaviour of those under whose direction we have met with
nothing but repeated losses in that country. Nor is the
public sUent with respect to the inactivity of the fleet ; and
reports have gone abroad, that the admiral has refused to
comply with the orders of Congress relative to the cannon
taken at Providence. I'll tell you a pretty story of *******.
WhUe he was smoking his pipe in the suburbs of Quebec,
he took it into his head that he might do wonders with a fire-
ship ; and, with an imagination warmed by the blaze of the
enemy's vessels, sent for a New-York captain, who, it seems,
understood the business of fire-ship building. Under the
strongest injunctions of secrecy, he communicated to him
the important plan, and ordered him to get the ship in readi
ness with all the despatch and privacy in his power ; wisely
observing, that if the enemy should get any intelligence of
his design, they would carry their vessels out of the way of
his fire-ship. The captain accordingly set about preparing
the materials, &c. necessary for the exploit which was to
heroise his general. Some short time after, ******* vvas
informed that the time for which the York troops were
enlisted would expire in a day or two ; he issued orders for
them to parade at a certain time and place, and informed
them that he would then and there make a speech to them —
and a Ciceronian speech it was.
" ' My lads,' says he, ' I find your time is almost out, and
maybe some of you may think on going ; but surely you
won't leave me now ; you must try and stay a little longer.
Don't think that I am laying here doing nothing. No, no ;
you shall see a fine sight soon. I am busy building a fire-
ship ; and as soon as she is ready, we'll burn all thefr vessels
up.' Cetera desunt.
" The York troops, allured by the promise of a feu de
joie, staid and were disappointed. Some renegade French
men remembered the speech, and told it as a secret to Gov-

64 LIFE OF JOHN JAY.
ernor Cai-leton. The vessels were put out of harm's way,
and the Connecticut Alexander lost his passage in a fire-
ship to the temple of fame.
" My complunents to Messrs. Braxton, Lynch, and such
others as I esteem, — of which number rank yourself, my
dear Ned, among the first.
" Believe me to be sincerely yours, "John Jay."
It will be recollected that, in 1775, Mr. Jay had been
placed by Congress on a secret committee of correspond
ence. The proceedings of this committee were enveloped
in the most profound secrecy, and they led to important
results. Mr. Jay seems to have been its chief organ
of correspondence. The committee, having secured the
friendship of certain individuals in France and Holland,
sent in the spring of this year, Mr. Silas Deane, a late
member of Congress, as their agent to France. He was
directed to appear in that country as a merchant ; and
certain persons were mentioned to whom he was to confide
tiie object of his mission, and thi-ough whose agency he
was to obtain an interview with Count Vergennes, the
French minister for foreign affairs. It was hoped that he
would thus be enabled tO procure military supplies for
Congress. As France was at this time at peace with England, it
became necessary to resort to expedients to prevent the
consequences that might result from the miscarriage of
Mr. Deane's letters. For this purpose, he was provided
with an invisible ink, and Mr. Jay with a chymical prepa
ration for rendering the writing legible. But, as letters
apparently blank might excite suspicions, and lead to ex
periments that might expose the contrivance, Mr. Deane's
communications were written on large sheets, commencing
with a short letter in common ink, relative to some fictitious
person or business, and under a feigned name, and the

LIFE OF JOHN JAY. 85
residue of the paper was occupied by his despatch in the
invisible ink. The foUowing letters from Mr. Morris, a
raember of the Committee, refer to this secret corre
spondence. "TO JOHN JAY. « PhUadelphia, Sept. 23, 1776.
" Dear Sir,
" Although your express delivered me your favour last
Wednesday or Thursday, yet I did not receive the letter
from Mr. Deane untU this day, and shaU now send after the
express, that he may convey this' safe to your hands ; should
he be' gone I must find some other safe conveyance. You
will find enclosed both Mr. D — ^ne's letters, as you desired,
and I shall thank you for the copy of the invisible part.
He had communicated so much of this secret to me before
bis departure, as to let.me know he had fixed with you a
raode of writing that would be invisible to the rest of the
world ; he also proniised to ask you to make a full commu
nication to nie, but in this use your pleasure ; the secret, so
far as I do or shall know it, will remain so to all other per
sons. It appears clear to me that we may very soon involve
all Europe in a war, by managing properly the apparent
forwardness of the court of France ; it is a horrid consider
ation that our own safety should call on us to involve other
nations in the calamities of war. Cah this be morally right,
or have morality and policy nothing to do with each other ?
Perhaps it may not be good policy to investigate the question
at this time. I will therefore only ask you whether General
Howe will give us time to cause a diversion favourable to
us in Europe. I confess as things now appear to me the
prospect is gloomy indeed. Therefore, if you can adminis
ter comfort, do it Why are we so long deprived of your
abUities in Congress ? Perhaps they are more usefully
exerted where you are : that may be the case ; but such
VOL. I.  K

66 LIFE OF JOHN JAY.
men as you, in times like these, should be everywhere. I
^m with true sentiments of respect and esteem,
" Dear Sir,
" Your obedient and humble servant,
" Robert Morris."
"to JOHN JAY.
" PhUadelphia, Feb. 4, 1777.
" Dear Sir,
" Your favour of the 7th ult. came safe to hand. Tim
othy Jones is certainly a very entertaining, agreeable man ;
one would not judge so from any thing contained in his cold
insipid letter of the l7th Sept., unless you take pains to find
the concealed beauties therein : the cursory observations of
a sea captain would never discover them, but transferred
from his haqd to the penetrating eye of a Jay, the diamonds
stand confessed at once. It puts me in mind of a search
after the philosopher's stone, but I believe not one of the
followers bf that phantorn have come so near the mark as
you, my good friend. I handed a copy of your discoveries
to the committee, which now consists of Harrison, R. H.
Lee, Hooper, Dr. Witherspoon, Johnson, you, and myself ;
and honestly told them who it was from, because measures
are necessary in consequence of it ; but I have not received
any directions yet
"I should never doubt the success of measures Con
ducted by such able heads as those that take the lead
in your Convention. I hate to pay compliments, and
would avoid the appearance of doing it, but I cannot
refrain from saying I love Duane, admire Mr. Livingston,
and have an epithet for you if I had been writing to another.
I wish you had done with your Convention ; you are really
wanted exceedingly in Congress : they are very thin.
Adieu, my dear sir ; God bless you, and grant success to

LIFE OP JOHN JAY. 67
America in the present contest, with wisdom and virtue
to secure peace and happiness to her sons in all future
ages. " I am, with true regard,
" Your most obedient servant,
"Robert Morris."
The secret letter, alluded to by Mr. Morris, was masked
by the foUowing note in common iiilt, at the top of the
page. "Bordeaux, Sept. 17th, 1776.
" Dear Sir,
" I have now to inform you of my safe arrival at this
place, after a passage of thirty-two days from Martinico,
and am so extremely weak that I am scarcely able to hold
my pen, yet could not let this opportunity slip of letting
you know where I am, and that I have a prospect of re
covering ; for though weak, my fever and cough have left
me almost entirely. There is not much news here, and if
there was, I should not dare to write it, as that might inter
cept the letter if taken. My compliments to all friends.
" Yours, " Timothy Jones.
" John Jay, Esq., Attorney at Law."
When a single sheet was insufficient for the secret des
patch, Mr. Timothy Jones, or some other imaginary gen
tleman, requested the favour of Mr. Jay to forward the
enclosed letter agreeably to its direction ; and the enclosed
letter, with the exception of a short note on some fictitious
business, was filled with the residue of the despatch in
invisible mk. The secret writing is now wholly illegible,
and the paper much corroded by the liquid with which it
had been washed. The dates of these letters are all
endorsed, and on comparing them with the dates of Mr.
Deane's letters, published in the American Diplomatic Cor-

68 LIFE OP JOHN JAY.
respondence, it appears that some of the letters have never
been made public; and that others were copied by Mr.
Jay for the committee, and have thus been preserved.
The successful result of Mr. Deane's mission is too well
known to render any detaUs respecting it necessary.

CHAPTER III.
1777-9.
Mr. Jay reports Draught of a Constitution for the State — Constitution adopted
— ^He is appointed Chief Justice, and Member of the CouncU of Safety —
Writes Letter to People of Tryon County^His Correspondence with
General Schuyler — Extracts from his first Charge to Grand Jury — Con
sultation with General Washington about Invasion of Canada — Extracts
from Private Correspondence — Is appointed Delegate to Congress-
Chosen President of Congress — Resigns Office of Chief Justice — At
request of Congress, writes Letter to the States on the Public Finances —
His Conduct relative to Vermont — Appointed Minister Plenipotentiary to
Spain. The Convention of New- York had been elected in 1776,
for the double purpose of forming a constitution for the
State, and of exercising, until that duty had been performed,
all the powers of government. But such was the exposed
situation of the State, and so various and important the
affairs which continued to claim the attention of the Con
vention, that it was long before it found itself at leisure to
enter upon the grave task of preparing a constitution.
Indeed, the Convention frequently found it necessary, in
consequence of the inroads of the enemy, abruptly to ad
journ, and again to assemble at another place. Tbus at
different times they met at Harlaem, Kingsbridge, Philips's
Manor, FishkUl, White Plains, Poughkeepsie, and Kingston.

LIFE OP JOHN JAY. 69
On the 1st of August, 1776, a committee was appointed
to prepare and report a constitution. Of this committee
Mr. Jay was chairman; and its duty appears to have been
assigned to him. Upon reflecting on the character and
feelings of the Convention, he thought it most prudent to
omit in the draught several provisions that appeared to him
important, and afterward to propose them separately as
amendments. This course was followed, but the precipita
tion with which fhe instrument was finally adopted in his
absence, prevented it from being carried into full execution.
On the 12th of March, the committee reported their plan
of a constitution, which is in Mr. Jay's handwriting. The
final question on the proposed constitution was not talcen
tiU the 20th of AprU. A few days previous, Mr. Jay had
been summoned to attend his dying mother ; and before
his return, the constitution was adopted, with some addi
tions and omissions which he regretted. In a letter to two
gentlemen of the Convention, dated 29th of April, he ex
pressed himself with great freedom on the hurried manner
in which this important business had been concluded, and
pointed out his objections to the additions that had been
made in his absence. " The other parts of the constitu
tion," he observed, " I approve ; and only regret that, Uke
a harvest cut before it was all ripe, some of the grains
have shrunk. Exclusive of the clauses wliich I have men
tioned, and which I wish had been added, another material
one has been omitted : viz. a direction that all persons
holding, offices under the government should swear alle
giance to it, and renounce all allegiance and subjection to
foreign kings, princes, and states, in all matters, ecclesias
tical as weU as civil. / should also have heen for a clause
against the continuance of domestic slavery, and for the
support and encouragement of literature ; as well as some
other matters, though, perhaps, of less consequence.
" Though the birth of the constitution is, in my opinion,
premature, I shaU, nevertheless, do all in my power to

70 LIFE OP JOHN JAY.
nurse ahd keep it alive ; being far from approving the
Spartan law, which encouraged parents to destroy such of
their children as, perhaps by some cross accident, might
come into, the world defective and niisshapen."
From this letter, it is probable . that the State of New-
York was deprived, by Mr. Jay's absence, of the honour
of setting the first example in America of the voluntary
abohtion pf slavery. By this constitution, the right of
suffrage was, in several instances, restricted to freeholders ;
it being a favourite maxim with Mr. Jay, that those who
own the country ought to govern it.
The Convention, having now provided a constitutiori for'
the State, took measures for putting it into operation. For
this, however, time was necessary. The governor and
legislature were to be elected, and the various departments
of government to. be organized. The Convention was
anxious to terminate its long and laborious session, but it
was necessary to provide for the administration of 'the
government in the interim ; and for this purpose, it pro
ceeded to appoint such judicial and other officers as Were
more immediately required by the actual situation of the
State, who were to hold their offices till the new govern
ment was organized. Under this arrangement, Mr. Jay
was appointed chief justice of the Supreme Court ; and his
friend, Robert R. Livingston, Esq., chancellor. By the
new constitution, the judges of the Supreme Court were
restrained from holding any other office than that of dele
gate to Congress on special occasions. As no such occa
sion existed at present, Mr. Jay's elevation to the bench
vacated his commission as delegate.
To provide stUI further for the administration of govern
ment, the Convention appointed certain of their own mem
bers " a Council of Safety," and then dissolved. From the
dissolution of the Convention in May tUl the meeting of the
Legislature in September, Mr. Jay was almost constantly
occupied in the CouncU of Safety, of whicb he was a member.

LIFE OF JOHN JAY. 71
The council directed the rhilitary operations of the State ;
exercised the power of life and death ; and in short, wielded
an absolute sovereignty : but it was composed of men who
possessed and merited the confidence of the people. The
period was one of peril to the State of New- York. A
British army had invaded it from the north, and Ticon-
deroga had fallen; while another hostile army held the
metropolis, and threatened the lower counties, and was
preparing to form a junction with. Burgoyne ; which, if
effected, would subject the whole State to the British arms.
At this crisis, too, the disaffected in all parts of the State
were active in aiding the enemy, by raising troops, giving
intelligence, and exciting conspiracies. In many instances,
even » the well-disposed were disheartened by the prospect
before them, and despairing of a successful issue of the
contest, began to think of accepting the pardon and protec
tion offered by the proclamations of the British com
manders. This was particularly the case in the county of
Tryon (now Montgomery), and the Council of Safety
addressed to them the following animating letter,, written
by Mr. Jay. "in council op safety.
" To the General Committee of Tryon County.
" Kingston, 2'2d July, 1777.
" Gentlemen,
" We have received your letter, and several others from
different parts of your county, and are no less affected by
the dangers than the fears of the people of Tryon. It is
with the utmost concern that we hear of the universal
panic, despair, and despondency which prevail throughout
your county. We flattered ourselves that the approach of
the enemy would have animated, and not depressed their
spirits. What reason is tiiere to expect that Heaven will
help those who refuse to help themselves ; or that Provi
dence will grant liberty to those who want courage to

72 life op JOHN JAY.
defend it. Are the great duties they owe to themselves,
their country, and posterity, so soon forgotten ? Let not
the history of the present glorious contest declare to future
generations that the people of your county, after making
the highest professions of zeal for the American cause, fled
at the first appearance of danger, and behaved like women.
This unmanly conduct gives us great concern. We feel
too much for your honour and reputation not to be uneasy.
Instead of supplicating the protection of your enemies,
meet them with arms in your hands — make good your
professions, and let not your attachment to freedom be
manifested only in your words.
"We could scarcely have believed'' that a man among
you would have thought of protections (as they are falsely
called) from the enemy. Of what advantage have, they
been to the deluded wretches who accepted them in Jersey,
New- York, Westchester, and Long Island ? After being
seduced from their duty to their country, they were plun
dered, robbed, cast into prison, treated as slaves, and
abused in a manner almost too savage and cruel to be
related. We ought to profit by the woful experience of
others, and not with our eyes open run to destruction.
Nor imagine you will remain unsupported in the hour
of trial. We consider you as part of the State, and as
equally entitled with other counties to the aid of the
whole." After giving some orders for imbodying the militia, the
letter proceeded : " Let all differences among you cease.
Let the only contest be, who shaU be foremost in defending his
country. Banish unmanly fear, acquit yourselves like men,
and with firm confidence trust the event with that Almighty
and benevolent Being who hath commanded you to hold
fast the liberty with which he has made you free ; and who
is able as weU as wUling to support you in performing his
orders. Ifyou can prevail on your people to exert their
own strength, all will be well. Let us again beseech and

life op JOHN JAY. 73
entreat you, for the honour and reputation, as well as the
safety ofthe State, to behave like men."
To his friend Governeur Morris, Mr. Jay thus wrote
respecting this county. " The situation of Tryon county
is both shameful and deplorable. Such abject dejection and
despondency as mark the letters we have received from
thence, disgrace human nature. God knows what to do
with or for them. Were they alone interested in their fate,
I should be for leaving their cart in the slough till they
would put their shoulder to the wheel."
After the adoption of the constitution it became necessary
to select a person for the oifice of governor of the State, and
Mr. Jay was solicited to accept it. The following letter
states the reason of his refusal.
" TO ABRAHAM YATES, JUN. " 16th May, 1777.
" Dear Sir,
"From the information you was pleased to give me, before
you left this place, that it would be proposed in the county
of Albany to hold me up as candidate for the office of
governor, I think it necessary to be very explicit on that
subject. That the office of first magistrate of this State wUl
be more respectable as well as more lucrative, and con
sequently more desirable, than the place I now fill, is very
apparent. But, sir, my object in the course of the present
great contest neither has been, nor will be, either rank or
money. I am persuaded that I can be more useful to the
State in the office I now hold than in the one alluded to, and
therefore tliink it my duty to continue in it. You are
acquainted with the reasons which induce me to be of this
opinion ; and although I entertain a high sense of the honour
which my friends are disposed to confer upon me, I must
request the favour of them not to encourage my being
named as a candidate for that office, but to endeavour to
VOL. I.  L

74 LIFE OP JOHN JAY.
unite the votes of the electors in the county of Albany in
favour of some other gentleman. " I am, dear sir,
" Your most obedient and humble serv't,
" John Jay."
The fall of Ticonderoga excited universal clamour and
suspicion, and was generally attributed to treachery or
incapacity. As this important fortress was situated within
the mUitary department of General Schuyler, that faithful
and vigUant officer was in public estimation held respon
sible for its disgraceful evacuation, although it occurred in
his absence and without his knowledge. Mr. Jay's know
ledge of Schuyler's character led him immediately to do
him that justice which his country tardily awarded him, and
his friendship prompted the following letters.
" TO GENERAL SCHUYLER. " Kingston, 21st July, 1777.
"Dear Sir,
" Your favour of the 14th inst. came safe to hand. I am
happy to see so much cheerfulness diffused through it. I
hope your sweet smiling genius won't play the coquette.
The confidential part of your letter shall remain secret.
Putnam's answer was cautious ; he believed there was a
fault somewhere, but neither excufeed nor accused anybody ;
nor did he take any notice of that part of our letter which
respected you. This kind of reserve is not friendly. The
evacuation of Ticonderoga continues to be the subject, not
only of general speculation, but also of general censure and
reproach. The public, not being furnished with the reasons
for that measure, are left to form their own conjectures, and
seem very universally to impute it to treachery and practice
with the enemy ; nor are the four generals alone the objects
of suspicion ; it reaches you.
" It is unnecessary to observe, that like many other worthy

life of JOHN JAY. 75
characters, you have your enemies ; and it is also true that
countenance is indirectly given to the popular suspicions by
persons from whom I should have expected more candour,
or I may say more honesty.
" It is said, but I know not with what truth, that Sinclair,
on being asked by some of his officers why the fort was
evacuated, rephed generally, that he knew what he did ;
that on his own account he was very easy about the matter,
and that he had it in his power to justify himself. From
hence some inferred tiiat he must have alluded to orders
from you,
" Another report prevaUs, that some short time before
the fort was left, a number of heavy cannon were by your
order dismomited and laid aside, and small ones placed in
thefr room. This is urged as circumstantial proof against
you. " The ship-carpenters have come down, much dissatisfied
and clamorous. In short, sir, that jealousy which ever pre
vails in civil wars, added to the disappointment and indig
nation which the people feel on tliis occasion, together with
the malice of yom- enemies, requu-e that the integrity and
propriety of your conduct be rendered so evident, as that
there may not be a hook or loop whereon to hang a doubt.
" I forgot to mention that stress is also laid on your dis
tance fi-om the fort at the time of the enemy's approach,
and from tiiis circumstance unfavourable conclusions are
drawn. " Your friends in the mean time are not idle ; they argue
that you would have been highly reprehensible, if you had,
by being in a fort besieged, deprived the other parts of the
department of your services and superintendence. That
they are assured of your having neither ordered or been
priv}' to the evacuation of the fort, &c. &:c. &c. A clear,
short, and authentic statement of facts can alone do the work ;
whUe the people remain uninformed they wUl suspect the
worst. I think the generals (who are mortal if honest)

76 LIFE OP JOHN JAY.
ought to give you a certificate that Ticonderoga was left
without your direction, advice, or knowledge ; and I submit
to you whether it would not be expedient to write such a
letter to the Council of Safety on tliis subject, as they could
with propriety publish. I think it should not look like a
defence, though it should amount to it. It should take no
notice of accusations, and yet remove all grounds for them.
Charges may be answered without seeming to know of any ;
a defence more pointed and particular would give a certain
degree of consequence even to calumny, and resemble an
implied admission that there was apparent room for
suspicion. " In one of your late letters to the council was this senti
ment. ' You wished the evacuation might not be too much
depreciated ;' and your reasons for this caution may have
weight ; but, sir, a certain gentleman at that board, whom
I need not name, and from whom I do not desire this infor
mation should be concealed, is in my opinion your secret
enemy. He professes much respect, &c. for you ; he can't
see through the business ; he wishes you had been nearer to
the fort, though he does not doubt your spirit ; he thinks we
ought to suspend our judgment, and not censure you rashly ;
he hopes you will be able to justify yourself, &c. &c.
Observe so much caution, therefore, in your letters, as to let
them contain nothing which your enemies may wrest to their
own purposes.
" I must also inform you that the flying seals of your
letters to General Washington often arrive there broken.
That from the different colour of the wax, if not from the
clumsy manner in which they are often put up by the
secretaries, it can be no difficult matter for those who
receive them to perceive that they have been inspected. I
wish some other mode was devised.
"Thus, sir, I have performed the unpleasing task of
writing to you with much freedom on a very disagreeable

LIFE OP JOHN JAY. 77
subject, and of acquainting you with facts that wUl give
you pain, and put your equanimity to a trial.
" I won't apologize for the liberty I have taken, being
persuaded that you wiU consider it as a proof of the regard
with which I am, dear sir,
" Your friend and humble servant,
" John Jay."
"to GENERAL SCHUYLER. " Kingston, 26th July, 1777.
"Dear Sir,
" Your favour of the 24th instant, covering a letter from
General St. Clair, was delivered to me this evening. I have
sent the latter to the press ; it will be printed entire. Ex
tracts might be followed by suspicions. The malicious
might remark, that parts were concealed which, if made
known, would probably give a different colour to the
whole. A number of Holt's papers shall be sent to you,
and care taken to transmit others to Congress, to head
quarters, to Peekskill, &c. I shall also request Loudon to
reprint it.
" This attack on your reputation will, I hope, do you only
a temporary injury. The honest though credulous multi
tude, when undeceived, will regret their giving way to sus
picions wliich have led them to do you injustice.
" I have reason to suspect that the Council of Safety
believed that Ticonderoga was left by your direction or
advice, or with your knowledge. They appear fully satis
fied of the contrary, and, in my opinion, St. Clair's letter
will remove all doubts on that head.
" The propriety of appointing a committee to inquire into
your conduct appears to me very questionable. Supposing
it unexceptionable in point of delicacy with respect to you
(which I by no means think it), yet as this Council and the
late Convention have, on certain occasions, made your cause
their own, your enemies would not fail to insinuate that the

78 LIFE OP JOHN JAY.
proposed inquiry was a mere contrivance to give a favoura
ble complexion to your conduct. Your readiness to submit
to such an inquiry is no doubt a strong argument of inno
cence and conscious rectitude ; but whether it would not be
assuming in the Council to propose it, and inconsistent with
the dignity of your station to accede to it, are questions of
importance. Besides, a proposition so apparently officious
and out of their hne might perhaps be maliciously ascribed
to their apprehensions of mismanagement, and consequently
cast weight in the scale against you.
" A temperate statement of facts, formed from the mate
rials, you mention, would doubtless set your conduct in its
true point of view. Although a strict scrutiny may be
eligible, yet how far it would be proper to press Congress
to adopt that measure is worth consideration. The affairs
of the northern department have lately engaged much of
their time and attention. The evacuation of Ticonderoga
wUl naturally bring about an inquiry. The country wUl
not be satisfied without it. You will then have a fair oppor
tunity of vindicating your conduct. The manner in which
you account for the removal of the cannon mentioned in my
letter is very satisfactory. Mr. Morris returned this after
noon. The Council were displeased with the last letter
from him and Mr. Yates. They have passed a resolution
declaring it disrespectful and unsatisfactory, and dissolved
that committee. They have, nevertheless, joined Mr. Mor
ris with me, and directed us to repair to head-quarters, to
confer with his excellency on the state of your army, the
means of reinforcing it, &c. We set out to-morrow. With
the best wishes for your health and prosperity,
" I am, dear sir,
" Your friend and obt. servant,"John Jay.'.'
On the 1st of August, Congress recalled General Schuyler
from the command of the northern army, and soon after

LIFE OF JOHN JAY. 79
appointed General Gates in his room. By this measure, the,
suspicions that had attached to Schuyler were apparently
countenanced by Congress ; and he had moreover the mor
tification of seeing the laurels which had been reared by
his care and labours plucked by another. Congress, how
ever, had themselves no doubt of General Schuyler's pat
riotism and ability. The true but secret reason of his
recall was stated at the time in a letter from Mr. Duane,
then in Congress, to Mr. Jay. " General Schuyler, to
humour the eastern people, who declare that their mUitia
wUl not fight under his command, is recalled."
On the Oth of September, the first term of the Supreme
Court of the State of New- York was held at Kingston, and
the chief justice delivered the charge to the grand jury.
Various considerations combined to render this event pecu
liarly interesting. A government venerable for its antiquity,
and endeared to its subjects for the freedom and happiness
it had conferred, had been renounced for its recent oppression
and injustice, and a new government had just been estab
lished by the people, amid the tumult of arms and in the
presence of a powerful and infuriated enemy. The suc
cess of the undertaking was stUl apparently dubious. The
State of New- York was at the moment invaded by a for
midable army at the north, under Burgoyne, who was
approaching Albany, and had already reached the Hudson ;
while another army in the south was preparing to effect
a junction with the first, and a few weeks after laid in
ashes the very viUage in which the court was now assem
bled. At such a time and under such circumstances was
the temple of justice, which had long been closed, reopened,
and he who had been one of the earliest assertors of his
country's rights was seen, full of faith and zeal, ministering at
the altar. The late disasters on the frontiers, the invasion
ofthe State, and the approach ofthe enemy threw no shades
over the bright prospect of his country's glory and happi
ness, which, in prophetic vision, he saw rising before him.

80 LIFE OF JOHN JAY.
" It affords me, gentiemen," said the chief justice to the
grand jury, "very sensible pleasure to congratulate you
on the dawn of that free, mild, and equal government whicb
now begins to rise and break from amid those clouds of
anarchy, confusion, and licentiousness which the arbitrary
and violent domination of Great Britain had spread in
greater or less degrees throughout this and the other Ameri
can States. This is one of those signal instances in which
Divuie Providence has made the tyranny of princes instru
mental in breaking the chains of their subjects, and rendered
the most inhuman designs productive of the best conse
quences to those against whom they were intended.
" The infatuated sovereign of Britain, forgetful that kings
were the servants, not the proprietors, and ought to be the
fathers, not the incendiaries of their people, hath, by destroy
ing our former constitutions, enabled us to erect more eligible
systems of government on their ruins ; and, by unwarranta
ble attempts to bind us in all cases whatever, has reduced
us to the happy necessity of being free from his control in
any. " Whoever compares our present with our former con
stitution will find abundant reason to rejoice in the exchange,
and readily admit that all the calamities incident to this
war will be amply compensated by the many blessings flow
ing from this glorious revolution — a revolution which, in
the whole course of its rise and progress, is distinguished
by so many marks of the Divine favour and interposition,
that no doubt can remain of its being finally accomplished.
" It was begun and has been supported in a manner so
singular, and I may say miraculous, that when future ages
shall read its history, they wUl be tempted to consider a
great part of it as fabulous. What, among other things,
can appear more unworthy of credit, than that, in an
enlightened age, in a civilized and Christian country, in a
nation so celebrated for humanity as well as love of liberty
and justice as the EngUsh once justiy were, a prince should

LIFE OF JOHN JAY. 81
arise who, by the influence of corruption alone, should be
able to seduce them into a combination to reduce three
mUhons of his most loyal and affectionate subjects to abso
lute slavery, under pretence of a right, appertaining to God
alone, of binding them in all cases whatever, not even except
ing cases of conscience and religion ?
" What can appear more improbable, although true, than
that this prince and his people should obstinately steel their
hearts and shut their ears against the most humble petitions
and affectionate remonstrances, and unjustly determine, by
violence and force, to execute designs which were repro
bated by every principle of humanity, equity, gratitude, and
policy? Will it not appear extraordinary that thirteen
colonies, the object of their wicked designs, divided by
variety of governments and manners, should immediately
become one people, and, though without funds, without
magazines, vrithout disciplined troops, in the face of their
enemies unanimously determine to be free, and, undaunted
by the power of Britain, refer their cause to the justice of
the Almighty, and resolve to repel force by force, — thereby
presenting to the world an illustrious example of magna
nimity and virtue scarcely to be paralleled ? Will it not
be matter of doubt and wonder, that notwithstanding these
difficulties, they should raise armies, establish funds, carry
on commerce, grow rich by the spoils of their enemies, and
bid defiance to the armies of Britain, the mercenaries of
Germany, and the savages of the wilderness ? But, how
ever incredible these things may in future appear, we know
them to be true ; and we should always remember, that the
many remarkable and unexpected means and events by
which our wants have been supplied and our enemies
repelled or restrained, are such strong and striking proofs
of the interposition of Heaven, that our having been hitherto
delivered from the threatened bondage of Britain ought, like
the emancipation of the Jews from Egyptian servitude, to
be for ever ascribed to its true cause ; and instead of swell-
VOL. I.  ^M

82 LIFE OP JOHN JAY.
ing our breasts with arrogant ideas of our power and im
portance, kindle in them a flame of gratitude and piety
which niay consume all remains of vice and irreligion.
" Blessed be God, the time wiU now never arrive when
the prince of a country, in- another quarter ofthe globe wUl
command your obedience, and hold you in vassalage; His
consent has ceased to be necessary to enable you to enact
laws essential to your welfare ; nor wUl you in future be
subject to the imperious sway of rulers instructed to sacri
fice your happiness, whenever it might be inconsistent with
the ambitious views of their royal master."
The charge, after commenting -upon several features of
the new constitution, proceeded : — " Adequate security is
also given to the rights of conscience and private judgment.
They are by nature subject to no control but that of the
Deity, and in that free situation they are now left. Every
man is permitted to consider, to adore, and to worship his
Creator in the manner most agreeable to his conscience.
No opinions are dictated, no rules of faith prescribed, no
preference given to one sect to the prejudice of others.
The constitution, however, has wisely declared, that the
' liberty of conscience thereby granted shall not be so con
strued as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this State.' In a
word, the Convention by whom that constitution was
formed were of Opinion that the gospel of Christ, like the
ark of God, would not fall, though unsupported by the arm
of flesh : and happy woiild it be for mankind if that opinion
prevailed more generally.
"But let it be remembered that whatever marks of
wisdom, experience, and patriotism there may be in, your
constitution, yet like die beautiful symmetry, the just pro
portion, and elegant forms of our first parents before their
Maker breathed into them the breath of life, it is yet to- be
animated, and tUl then may indeed excite admiration, but
wUl be of no use : from the people it must receive its spirit.

LIFE OF JOHN JAY. 83
and by them be quickened. Let virtue, honour, the love
of liberty and of science be and remain the soul of this
constitution, and it wUl become the source of great and
extensive happiness to this and future generations. Vice,
ignorance, and want of vigilance will be the only enemies
able to destroy it. Against these be for ever jealous.
" This, gentlemen, is the first court held under the
authority of our constitution, and I hope its proceedings
will be such as to merit the approbation of the friends, and
avoid giving cause of censure to the enemies of the present
establishment." The residue of the charge related to the
peculiar duties of the jury.*
Mr. Jay, being by his office one of a council to whom all
bills were submitted before they could become laws, was
obliged to attend the Legislature during the whole of its
session. This attendance, together with his other official
duties, occupied most of his time. His few leisure moments
appear to have been devoted to his aged and surviving
parent at FishkUl.
In the autumn of this year, while at Fislil<;ill, Mr. Jay
received a visit from General Washington, whose head
quarters were at the time in the adjoining county of West
chester. The object of the visit was a confidential con
versation on a plan then before Congress, for the invasion
of Canada the ensuing campaign, by the coinbined forces
of the United States and of France. They both concurred
in disapproving of the plan. The general afterwards ad
dressed a letter to Congress on the subject in which he
urged a variety of objections to tiie plan; but for obvious
reasons omitted the one which had most weight in his mind,
the probabUity that the French would insist on retaining
* Mr. Jay, as we have already stated, was appointed chief justice by the
Convention, and was to hold his office till the organization of the govern
ment under the new constitution. This event took place sopn after the
delivery of the charge, when he was duly reappointed under the con
stitution.

84 LIFE OF JOHN JAY.
Canada if conquered by thefr aid, and the danger of per
mitting them thus to gain a footing on the frontier of the
United States.
We have already remarked that the stern, uncompro
mising spirit displayed by Mr. Jay in his political opinions
and measures arose from principle, and not from natural
disposition. The two foUowuig letters are pleasfaig Ulus-
trations of this remark. The first was addressed to a
gentleman of New-York, who had accepted a royal com
mission, and was then a prisoner of war in Hartford jaU ;
the other to an old friend, who, from conscientious motives,
had frankly espoused the royal cause, and was, in conse
quence, a prisoner on parole.
"to COLONEL JAMES DE LANCEY.
» Sir,
" Notwithstanding the opposition of our sentiments and
conduct relative to the present contest, the fiiendship which
subsisted between us is not forgotten; nor wUl the good
offices formerly done by yourself and famUy cease to excite
my gratitude.
" How far your situation may be comfortable and easy,
I know not : it is my wish, and shall be my endeavour, that
it be as much so as may be consistent with the interest of
that great cause to which I have devoted every thing I hold
dear in this world. I have taken the hberty of requesting
Mr. Samuel Broome immediately to advance you one hun
dred dollars on my account.
" Your not having heard from me sooner was unavoid
able. A hne by the first opportunity wUl obhge me. Be
explicit, and avail yourself without hesitation of the firiend-
ship which was entertained as well as professed for you^by
" Your obedient and humble servant,
"John Jay.
" Pouglikeepsie, 2d Jan., 1778."

LIFE OF JOHN JAY. 85

" TO PETER VAN SCHAACK.
" Poughkeepsie, 26th June, 1778.
" Dear Sir,
" It is but three days since your favour of the 3d instant
was delivered to me. A fair wind, good company, the
prosp.ect of a short passage, and thereby avoiding the fatigue
and inconvenience of a journey by land, induced me to
return from Albany by water. The letter you mention to
have written on the subject of a pass, &c. has never come
to hand. On conversing with the governor yesterday on
that subject, he told me, he lately had the pleasure of seeing
you, and had settled that matter to your satisfaction.
" I am of the number of those who think exercise and
change of air and company essential to your health. I
might add a third. requisite, a mind at ease. The two first
conduce to the other. Misfortunes, and severe ones, have
been your lot. The reflection that they happened in the
course of a providence that errs not, has consolation in it.
I fear too that your sensibility is wounded by other circum
stances ; but these are wounds not to be probed in a letter.
Could we now and then smoke a few pipes together, you
would perhaps be in a better humour with many things in
the world than, I think, you now are. I suspect your
imagination colours high, and shades too deep. But more
of this another time.
'' You mistake me much, if you suppose the frequency of
your letters or applications troublesome to me. I assure
you, it would give me pleasure were opportunities of being
useful to you more frequent than either. When you were last
here, fourteen mUes more would have carried you to FishkUl.
That little ride would have been a gratification to me, and
not unpleasant to you. What detained you? Was you
not sure I would be glad to see you ? God bless you, and
give you health. " I am, dear Peter,
" Affectionately, yours, &c.
"John Jay."

86 life of JOHN jay.
The present State of Vermont is composed of territory
that was claimed by the States of New- York and New-
Hampshire. The people of this territory availed them
selves of the opportunity afforded by the war of withdraw
ing from the jurisdiction of these States, and establishing a
separate and independent government. New- York and
New-Hampshire both claimed the interposition of Congress
to restore to them their territory. Mr. Jay, as a judge of
the Supreme Court, was restrained by the Constitution from
holding any other office, except that of delegate to Con
gress on a special occasion. The Legislature, however,
were anxious that he should again represent the State in
Congress ; and the claims of Vermont afforded them a con
stitutional opportunity of gratifying thefr wishes. Accord
ingly, on the lOth of November, they voted that a special
occasion now existed, and thereupon elected the chief justice '
a delegate, without vacating his seat on the bench.
On the 7th December, Mr. Jay returned to Congress,
after an absence of more than two years. He was received
as an old and valiled friend, and three days after, on the
resignation of Mr. Lawrence, was elected president.
The state of public affairs allowed Congress np recess ;
and Mr. Jay, probably thinking his prolonged residence at
Philadelphia inconsistent with his duties as chief justice,
sent his resignation of that office to the governor of New-
York. The governor, unwUling to receive it, requested
him to recall it ; but he adhered to the resolution he had
taken. In his letter to the governor, he remarks : — " The
Legislature may, -perhaps, in consequence of this step, be
inclined to keep me here.' On this head I must inform you
that the situation of my father's famUy is such that I can no
longer reconcUe it to my ideas of filial duty to be absent
from them, unless my brother should be so circumstanced
as to pay them the necessary attention." He at the same
time wrote to his brother.

life of JOHN JAY. 87

'• PhUadelphia, 16th Sept. 1779.
" Dear Frederick,
" I am now to inform you that I have resigned the office
of chief justice : and if tiie State should incline to keep me
here, I shaU cpnsent to stay, provided either you or Sfr
James wiU undertake to attend constantly to our good old
father and his unfortunate faniUy : otherwise I shaU at aU
events return for that purpose. Sfr James has his doubts
respecting liis future destination ; and therefore his return
is precsfrious at present. I wish to know, without delay,
the result of your reflections on this subject. Should you
succeed ^\"ith Wadsworth, I think you would then be in
capacity to serve them as weU as ever : if you hve on
Harris's farm, you vidU not. Make up your mind on this
matter: if you -find you cannot pay necessarj"^ attention to
FishkiU, prevent my election, and let me know your inten
tion by the first opportunity. " I am, dear Frfedy,
" Your affectionate brother,
" John Jay."
HappUy, such arrangements were made as reheved him
from the necessity of sacrificing his pubhc to his fihal
duties. The state of the puljhc credit and the depreciation of the
currency had now become so alarming, that Congress found
it necessary to take some measures for maintaining the
one, and arresting the progress of the other. To this end,
they resolved to fix a limit to thefr future emissions of paper
money, and to caU on the States to fiimish the fimds neces
sary for prosecuting the war. To add greater weight to
thefr recommendations, they determined to address a letter
to the States, portraymg the exigencies of the times, and
explaining the necessity and importance ofthe contemplated
measures. Instead of appointing a committee to draft this

88 life of JOHN JAY.
letter, they took the unusual course of requesting their
president to perform this duty. Mr. Jay acceded to the'
request, and in a few days submitted a letter, which was
unanimously approved. Few documents of the old Con
gress are more distinguished for perspicuity, eloquence, and
patriotism than this letter.*
Mr. Jay, having been in a manner speciaUy charged; by
the Legislature with its controversy with Vermont pre
pared and carried in Congress certain resolutions on that
subject, which he transmitted to the Legislature, with the
following explanatory letter to the governor — a letter that
derives interest from its connexion with the early history
of a State now an important member ofthe American con
federacy. " TO GOVERNOR CLINTON.
" PhUadelphia, 25th Sept., 1779.
" Dear Sir,
" Whether the resolutions of Congress of the 24th inst.,
providing for the settlement of all disputes between New-
York and her neighbours, as well as revolted citizens, wUl
please my constituents as much as they do me is uncertain.
Nor am I convinced of the prudence of committing to
paper all the reasons which induce me to think them (all
circumstances considered) perfectly right. Some of them,
however, I shall communicate. My first object on coming
here was to prevaU upon Congress to interpose, though in
the smallest degree ; weU knowing, that if they once inter
fered ever so little, they might with more ease be led to a
further and more effectual interposition.
" Soon after my arrival, I found the following objections
to an interference with Vermont generally prevaihng.
" 1st. That Congress, being instituted for the sole purpose
of opposmg the tyranny of Britain, and afterward of estab-
' * See Appendix.

life op JOHN JAY. 89
lishing our independence, had no authority to interfere in
the particular quarrels of any State. Hence aU their former
resolutions on the subject were merely negative. 2d. That
the confederation had not yet taken place, and that the
business should be postponed till all the States had acceded ;
ari event then daUy expected. 3d. That it was an improper
season to interfere, and that the attention of Congress
ought not to be diverted frora the general objects of the
war. 4th. That harsh raeasures against Verraont might
induce them to join the enemy and increase thefr force.
5th. That they possessed a strong country, were numerous,
warlike, and determined.; and that more force would be
required to reduce them, than could be spared from the
general defence. '
" These were sorae of the ostensible objections. Besides
which I had reason to suspect the following private ones.
" 1st. That divers persons of sorae consequence in Con
gress and New-England expected to advance their fortunes
by lands in Verraont. 2d. That VerraOnt, acquiring strength
by time, would become actually independent, and afterward
acknowledged to be so. 3d. That being settled by New-Eng
land people, and raised into consequence by New-England
politics, it would be a fifth New-England State, and become
a valuable accession of strength both in and out of Congress.
4th. That ancient animosities between New- York and New-
England naturally inclining the forraer to side with the middle
and southern States, the less formidable she was the better, and
therefore the loss or separation of that territory was rather
to be wished for than opposed. These and raany other
considerations of the hke nature induced me to postpone
bringing on the matter till I could have an opportunity of
preparing the way for it by acquiring a knowledge of the
characters then in Congress, &c.
" It is also proper to observe that the House was for the
greater part of the winter so heated by divisions on points
VOL. I.  N

90 life op JOHN JAY.
of great general importance, that it would have been un-
proper and imprudent to have called npon them to decide
on this delicate business tUl more temper and Calraness had
taken place. When these began to appear the subject was
introduced, and you have had a copy of the resolutions pro
posed by New-York on that occasion. Against thera all
objections before mentioned operated, with this additional
one, that it would be highly unjust and impolitic to deter
mine against Vermont, without previous inquiry into the
merits of their claims, and giving them an opportunity of
being heard. This objection, so far as.it respected their
claim to independence, Was absurd though plausible ; but it
was not to be overcome ; and though we might have carried
a resolution against it by a slender majority, that majority
would have consisted of southern members against a vio
lent opposition from New-England and their adherents. A
resolution carried under such circumstances would rather
have encouraged than disheartened Vermont, and was,
therefore, ineligible.
" Hence I conceived it to be expedient to proraote the
measure of appointing a committee of inquiry ; knowing
that if Congress proceeded to inquire, it would be a ground
for pressing them to go further and determine ; especially
as I was apprized that the result of these inquiries would
be in our favour.
" The comraittee, you know, never had a formal meeting ;
it nevertheless had its use. The individual reports of the
members who composed it advanced our cause ; and even
Mr. Witherspoon, who was and is suspected by New- York,
made representations in our favour.
" Your last resolutions were of infinite service, by evin
cing the moderation, justice, and liberality, and at the same
time the spirit of the State. On the other hand, the law of
Vermont for whipping, cropping, and branding your
magistrates raade an impression greatly to their disadvan
tage. Before these emotions should have time to subside.

LIFE OP JOHN JAY. 91
as well in observance of our instructions, I pressed Con
gress frora day to day to adopt such raeasures as thp public
exigencies called for, and thereby prevent the flaraes of
civil war from raging. It would not, I believe, have been
difficult to have obtained what some among you would caU
very spirited and pointed resolutions, but which, in my
opinion, would have been very iraprudent ones ; because,
araong other reasons, they would not have been unanimous.
You will find .the recitals and particular resolutions num
bered in the margin of the copy herewith enclosed, frora
1 to 13. I shaU trouble you with a few explanatory
remarks on each of them, under heads numbered in like
raanner. " 1st and 2d. These recitals were inserted to show the
reason why Congress now proceed without the report of
the committee, after having resolved to postpone the further
consideration of the subject tUl their report should be
raade. " 3d. This recital justifies the facts set forth in your
representations, and in case an appeal to the public should
become necessary, raay be used with advantage to New-
York. " 4th. This recital destroys the doctrine that the Union
(independent of the articles of confederation) had no other
object than security against foreign invasions.
" 5th. This recital is calculated to impress the people with
an opinion of the reasonableness and policy of the requisi
tion or recommendation which follows, and therefore will
the more readily induce those States to adopt the measures
recoraraended to thera.
" 6th. You raay inquire for what reason I consented to
this recital, as it puts Massachusetts and New-Hampshire
on a footing with New- York ; whereas I well knew that
New- York alone had a right to claira jurisdiction over
Vermont. My reasons were these : Vermont extends
over Connecticut River into the acknowledged jurisdiction

92 LIFE op JOHN JAY.
of New-Hampshire: as to Massachusetts, the recital
admits only her claims, not her title; and it is as impossible
to deny the existence of clauns when made, as it is to pre
vent them. Their delegates pointedly asserted and insisted
on the claim of Massachusetts; and it appeared to me
expedient to provide for a speedy determination of aU
claims against us, however iU founded. You may further
ask. Why Vermont is made a party ? the reason is this :
that by being allowed a hearing, the candour and, moderar
tion of Congress may be rescued from aspersions ; and that
these people, .after having been fuUy heard, may have
nothing to say or complain of, in case the decision of Con
gress be against them ; of which I have no doubt.
"7th. It is true, that by this resolution the merits of
forraer settleraents with these States wUl be again the sub
ject of inquiry, discussion, and decision; and therefore it
may at first sight appear improper ; but these settleraents
wUl stUl remain strong evidence of our rights, however
objectionable they may be represented to be by thdse
States. Nor will Congress be easily prevailed upon to
annul them, because in that case all their boundaries would
be afloat. Besides, in my opinion, it is much better for
New- York to gain a permanent peace with their neigh
bours by submitting to these inconveniences, than by an
irapolitic adherence to strict rights, and a rigid observance
of the dictates of dignity and pride, reraain exposed to per
petual dissensions and encroachment. Peace and estab
lished boundaries, under our circumstances, are, I think,
almost inestimable.
" 8tL The rcEtson of this is assigned in the last sentence
under the 6th head.
" 9th. For the same purpose of -preserving the appear
ance of equality in claims, whatever difference there niay
be in titles, the three States are mentioned in this recom
mendation. The object of it is a settiement of all disputes
respecting interfering, grants, in case Vermont should be

LIFE OP JOHN JAY. 93
abolished, and that district in part, or in the whole,
adjudged to either of the three States.
" 10th. I ara sure you wiU admit my prudence in giving
your voice for this resolution.
"llth.i As it was not absolutely certain that New-
Hampshire and Massachusetts would pass the laws in
question, and as I was sure that New- York would, it
appeared to me highly expedient to provide, by this resolu
tion, that the dispute between New- York and Vermont
should be determined, whether the other two States'came
in or no : and, ICst the former guarantee contained in the
10th resolution inight be construed to be contingent, and to
depend on the event of aU the three States adopting the
measures recoraraended to thera, it is here repeated. You
wUl observe that neither of the three States are to vote on
the decision.
" 12th. On the plan of hearing Vermont, this resolution,
however inconvenient became indispensable. Care, how-
.ever, has been taken in it to exempt all persons from
their, jurisdiction who profess allegiance to either of the
three States. But you wUl say. Why to the three States ?
Why not to New- York only ; from whom they revolted,
and under whose actual jurisdiction they last were 1 Be
cause it would have clashed with the equality of clairas
before raentioned, and the least opposition to which would
have prevented these resolutions frora being unanimous ; a
circumstance, in my opinion, infinitely more valuable than
the preservation of useless etiquette. And, further, because
the district is here so described as to extend over the river
and affect New-Hampshire. In a word, the necessity of
the resolution was so obvious that there was no avoiding
it. These mconveniences wUl be temporary,' and, if the
principles laid down in it are Observed, will not be very
great ; especially as Congress have determined a violation
of it to be a breach of the peace of the confederacy, and
have declared thefr resolution to maintain it.

94 LIFE OP JOHN JAY.
" 13th. Tliis resolution needs no comment, the policy
and justice of it being extremely evident. Anxious to
avoid a moment's delay in sending you these resolutions, I
have not time by tliis opportunity of adding any tiling
further than that upon this occasion I have acted according
to the best of my judgment, after having maturely con
sidered and well weighed the force and tendency of every
consideration and circumstance affecting the business in
question. When I first received my special commission,
I did not apprehend that this matter was in a more par
ticular manner confided to me than to my colleagues,
though some of them considered it in that light The
commission vested me with no further power than what
any other of your delegates possessed ; nor was any
matter given more particularly in charge to me than to the
others by the Legislature. Their late instructions, how
ever, speak a different language^ I am satisfied to be
viewed in that light, that is, to be the responsible man ; and,
provided the measures I adopt are not thwarted, I am con- .
fident that I shall be able to bring all these matters to a
happy conclusion. I hope, however, that this will not be
considered as a hint for my being continued in the delega
tion ; I assure you, nothing but an adherence to the resolu
tions and principles of action I adopted and professed at
the commencement of the war would induce me to remain
here at the expense of health as well as property ; for
though I shall always be ready to serve my country when
called upon, I shaU always be happy to jind it consistent
with my duty to remain a private citizen.
" I am, sir,
" Your most obedient servant,
"John Jay."
By a secret article annexed to the treaty between
France and the United States, a right was reserved to
Spain of acceding to the treaty, and participating in its

LIFE OP JOHN JAY. 95
stipulations whenever she raight think proper. Congress,
being desiroiiS of strengthening their foreign alliances,
deeraed it advisable to invite his Catholic majesty to avail
himself of the provisions of this article ; and for this pur
pose resolved to send a minister plenipotentiary to Spain.
On the 27th of September, Mr. Jay was selected by Con
gress for this important mission. On receiving, this ap-
poinirnent, he of course resigned the chair, which he had
filled Xvith such devotion to the pubhc service, that he had
not absented himself frora Congress in a single instance
since the preceding December.

CHAPTER IV.
Extracts from Sir. Jay's History Of his Spanish Mission.
Mr. Jay, while in Spain, commenced a very particular
history of his mission ; but probably never completed it, as
only a few pf the first pages of it have been found among
his papers. • Spme extracts from these pages wiU form an
appropriate introduction to an account of his negotiations
with the Spanish government.
"I have long been convinced that human fame was a
bubble which, whether sweUed by the breath of the wise,
the good, the ignorant, or malicious, must burst with the
globe we inhabit. I am not among the number of those
who give it a place among the motives of their actions.
Neither courting nor dreading the public opinion on the one
hand, nor disregarding it on the other, I joined myself to the
first assertors of the American cause, because I thought it
my duty ; and because I considered caution and neutrafity,
, however secure* as being np less wrong than dishonourable.

96 LIFE OF JOHN JAY.
The same principles which then committed rae to the dis
posal of ray fellow-citizens deraand that as t have the best
opportunities ,of knowing, so I should transmit to pdsterity
the raeraory of their political transactions with this king
dom, and thereby prevent their being misguided by repre
sentations founded on conjecture and partial information.
" America exhibits a new spectacle to the political world,
and is rising to empire arid greatness in a manner s6 sin
gular as to render her steps interesting to' aU mankind,, and
especially to the people of that country. , >
" I- shall confine rnyself to a plain narrative of facts, and
they shall be told with such scrupnlous adherence to trdth
and unpartiahty, as that my last monients shaU not be im-
bittered by the reflection that I had perraitted my pen to
sfray from the lines of veracity or justice.-
" It is necessary that this narrative should comprise the
transactions of tv(?o periods, viz., 1st. tbose which were
prior, and 2d. those .which were subsequent, to my arrival
in Spain. Those which were prior to my arrival in Spain
should all be distinguished by two periods,, viz., those
which preceded my appointment, and those vvhich inter
vened between it and my arrivall. I shaU begin with those
which happened prior to my appointment.
" The treaties of aUiance and comraerce between Araerica
and France were concluded in February, 1778 ; a secret
article was at the same time entered into, which, as it has
since becorae very generally known, I shall insert."
The article here inserted was the one which reserved to
Spain the right of becomiiig a party to the treaty.
"On, the day of foUowing, Congress
were pleased to commission Arthur Lee, Esq., to enter into
these treaties and discussions with the court of Spain.
. " The coijrt of Spain, previous to her -declaring war with
Britain, furnished considerable aids to America; which
were transported thither by the house of Gardoqui and

LIFE OF JOHN JAY. 97
Sons at Bilboa. The supplies were shipped under Mr.
Lee's directions ; and though regular invoices of the cargoes
were transmitted by him to Congress, yet, when I left it,
that body remained much in the dark as to the sums
advanced for their use by Spain. * * *
'A" vK ^ Tt^ ^fr ^ ^ fl!
" It is proper to observe that Mr. Deane, in consequence
of his recall, returned to America in 1778 ; and that on his
arrival Congress went into an inquiry into his conduct.
Mr. Deane published a paper in the Philadelphia Gazette,
containing strictures on the delays of Congress respecting
his affairs, and heavy accusations against Mr. Arthur Lee,
to whose machinations he attributed the conduct of Con
gress towards him. This publication caused a ferment
throughout America, and very great heats in Congress.
The public papers teemed with publications for and against
Mr. Deane and Mr. Lee. Among the writers for the latter
was a Thomas Paine, an Englishman, who had been a
hackney writer in London, and on his arrival in America
was employed by Aikin in compiling and correcting papers
for his Magazine. In this capacity his attachment to the
American cause became suspected. He struck out several
passages in papers composed by Dr. Witherspoon, as being
too free. He afterward became attached to some leading
men who were most zealous for American independence.
He published a pamphlet on that subject, called Common
Sense, and obtained much credit with the people for it
He was afterward made secretary to the Committee for
Foreign Affairs ; and when General Washington was re
treating before the enemy in Jersey, and the minds of many
were filled with apprehensions, he was again so suspected
as that Congress became uneasy lest the committee's papers
in his custody should fall into the enemy's hands, and took
their measures accordingly. The success at Trenton gave
things a new aspect, and new courage to Paine.
" On the present occasion his zeal for his employers car-
VOL. I.  O

08 LIFE OP JOHN JAY.
ried him too far. The official papers had brought him
acquainted with the state of American affairs at VersaUles ;
and in his paper of the 2d January he very imprudentiy
inserted the following paragraph : — ' If Mr. Deane, or any
other gentieraan, wUl procure an order from Congress to
inspect an account in my office, or any of Mr. Deane's
friends in Congress wUI take the trouble of coming them
selves, I will give him or them my attendance, and show
¦them in a handwriting which Mr. Deane is well acquainted
with, that the supplies he so pompously plumes himself
upon were promised and engaged, and that as a present,
before he even arrived in France,' &c.
" The rainister of France, Mr. Gerard, being aware of the
consequences which would result frora these assertions, and
feeling very sensibly how much the honour of France was
wounded by a supposition of her having given gratuitous
aid to America, contrary to her assurances to Britain, did,
on the Sth of January, 1779, present a memorial to Con
gress referring to this publication, dfenying the assertions
they contained, and representing the propriety of their being
disowned by Congress. The day following, the meraorial
was considered, and various debates, not proper to be speci
fied here, ensued. Paine and the printer were ordered to
attend at the bar of the House. The former confessed him
self the author, and the latter the publisher of the papers in
question. Many motions were made, debated, and rejected
before the House adopted the resolutions which finally took
place. The subject was interesting to the public, to the
House, and particularly to the friends of the parties in dif
ference, as well as Mr. Paine's patrons ; and, as is always
the case on such occasions, raore warrath than prudence
took place. The raajority, however, were of opinion, that
Paine had prostituted his office to party purposes, and there
fore ought to be discharged. This did not long remain a
secret to him, and to avoid that disgrace he resigned.
" Mr. Gerard had before intimated to Congress the pro-

LIFE OP JOHN JAY. 99
priety of their taking speedy measures for drawing Spain
into the general cause. He often enlarged on the policy
and objects of that court, one of which was to regain the
Floridas, and to become possessed of the exclusive naviga
tion of the Gulf of Mexico and, of course, the Mississippi.
He said he was confident that if these were ceded to her, it
would not be difficult to induce her to join us ; and espe
cially as the FamUy Compact, and the refusal of Britain to
accept her mediation, would afford a good pretext. He
further insinuated, that we might reasonably expect to
obtain from that court a considerable sura of raoney,
which, considering the state of our finances, was a desirable
object " Though Congress were desirous of an alliance with
Spain, and ready to take measures for the purpose, yet
whom to employ became a serious question, Mr. Lee's
connexions insisted that he ought to be the man; while
others, who had neither a predilection for nor aversion to
him, thought it inexpedient to commit that business to one
respecting whom Araerica at present entertained doubts,
and who had becorae disagreeable to France, and, conse
quentiy, in a certain degree, so to Spain. By these unfor
tunate circumstances nearly a year was wasted in fruitless
altercation, and the opportunity of obtaining loans frora
Spain lost, by her having entered into the war, and having
occasion for all her money to defray the expense of it.
" Some time prior to my appointment to Spain, suspicions
of it prevaUed, and both Mr. Gerard and Mr. Miralles
expressed much satisfaction at the prospect of that event.
On my coming to Congress in the fall of 1778, and con
stantly after, both Mr. Gerard and Mr. Miralles, the Spanish
agent had shown rae every mark of civility and attention,
though I have reason to think that both of them entertained
higher opinions of my docUity than were well founded.
" As a member of Congress, it appeared to me very im
proper to make their proceedings the topic of conversation

100 LIFE OP JOHN JAY.
out of doors ; and I made it an invariable rule not to speak
of their debates, or of any matters before them, to any who
were not members. Mr. Gerard used very frequentiy to
spend an evening with me, and sometimes sat up very late.
As the evening advanced, he often became more open, and
spoke without reserve on the subject of the views of Spain,
and the interest of America with respect to her. He pressed
our quitting to her the Floridas and Mississippi as indispen
sable prerequisites to a treaty, and urged a variety of reasons
to support his opinions ; disclaiming, at the same time, his
having any instructions on that head, and intimating that his
friendship for the United States was his sole motive to de
claring his opinion at any time relative to her concerns.
" I soon found that he conversed in like raanner with
many others, and that he was seriously endeavouring to
carry these points in Congress.
" I was early convinced that provided we could obtain
independence and a speedy peace, we could not justify
protracting the war, and hazarding the event of it, for the
sake of conquering the Floridas, to which we had no title,
or retaining the navigation of the Mississippi, which we
should not want this age, and of which we raight probably
acquire a partial use with the consent of Spain. It was
therefore my opinion that we should quit all claim to the
Floridas, and grant Spain the navigation of her river below
our territories, on her giving us a convenient free port on it,
under regulations to be specified in a treaty, provided they
would acknowledge our independence, defend it with their
arms, and grant us either a proper sum of raoney, or an
annual subsidy for a certain number of years. Such, then,
was the situation of things as to induce me to think that a
conduct so decided and spirited on the part of Spain would
speedily bring about a peace, and that Great Britain, rather
than hazard the loss of Canada, Nova Scotia, and the islands
by cpntmuing the war, would, yield the Floridas to Spain,
and independence to us. But when Spain afterwards

LIFE OP JOHN JAY. 101
declared war for objects that did not include ours, and in a
raanner not very civil to our independence, I becarae per
suaded that we ought not to cede to her any of our rights,
and of course that we should retain and insist upon our
right to the navigation of the Mississippi."

CHAPTER V.
1779-81.
Mr. Jay sails for France in an American Frigate — Shipwreck of the Frigate
— She reaches Martinico — Mr. Jay re-embarks in a French Frigate —
Lands at Cadiz — Proceeds to Madrid — Embarrassed by Bills drawn on
him by Congress — Negotiates with Spanish Government — His Opinion
of New- York Confiscation Act — Correspondence with Mr. Deane — In
structed to surrender the Navigation ofthe Mississippi— Appointed Com
missioner to negotiate Peace — Disapproves of the Instructions accompany
ing his Commission — History of those Instructions — Duplicity of Spanish
Court — Bills on Mr. Jay protested — ^He goes to Paris — His Indignation
at the Conduct of Mr. Deane.
Congress having ordered thefr own frigate the Confede
racy, to carry Mr. Gerard the French rainister home, it was
agreed that Mr. Jay should proceed on his mission in the
same vessel. The lateness of the season and the public
exigencies forbade all unnecessary delay. Mrs. Jay hap
pened to be at Philadelphia when Mr. Jay was appointed,
and the time fixed for the saUing of the frigate allowed her
no tirae to receive the parting benedictions of her pai-ents,
except in their letters. Mr. Jay likewise was denied
the satisfaction of taking leave, in person, of most of his
friends and relatives. He received his instructions on the
1 6th October, and four days after he left his country, to

102 LIFE OP JOHN JAY.
advocate her cause in Europe ; nor did he again land on
her shores tiU he had placed his signature to a treaty,
securing to her the blessings of peace and mdependence.
He was accompanied by his brother-in-law, Col. Livingston,
afterwards a judge of the Supreme Court of the United
States, as his private, and by 3Ir. Carmichael, a raeraber
of Congress, as his public secretary'.
The foUowing extracts from a letter vsT-itten by Mrs. Jay
to her mother wUl not, it is hoped, be read vnth less interest
for the personal feelings they depict.
" On board ofthe Confederacy, 12th December, 1779.
" About 4 o'clock in the morning of the 7th November,
we were alarraed by an unusual noise upon deck, and what
particularly surprised me was the lamentations of persons
in distress. I called upon the captain to inform rae of the
cause of the confusion that I imagined to prevaU ; but ray
brother desfred rae to remain perfectly composed, for that
he had been upon deck but half an hour before, and left
every thing in perfect security.
" Perfect security ! vain words ! Don't you think so ?
And so indeed they proved ; for in that small space of tirae
we had been deprived of nothing less than our bowsprit,
foremast, main-mast, and mizen-mast : so that we were in
an awkward situation, rendered stUl raore so by a pretty
high south-east wind, and a very rough sea. However, our
misfortunes were only begun. The injury received by our
rudder the next morning served to complete them, as we
were ready to conclude. The groans that distressed me
were uttered by two men who had suffered from the fall of
the masts ; one of them was much bruised, and the other had
his arm and hand broken : the former recovered, but the
latter, poor feUow ! survived not raany days the amputation
of his arm.
" WUl it not be painiU to my dear mamma to imagine to
herself the situation of her children at that time? Her

LIFE OF JOHN JAY. 103
children did I say ? Rather let her imagine the dangerous
situation of raore than three hundred souls, tossed about in
the midst of the ocean in a vessel dismasted and under no
coramand, at a season too that threatened approaching
incleraency of weather. And wouJd you for a moment
suppose me capable of regretting that I had for a time bid
adieu to my native land, in order to accompany my beloved
friend .' Would you have despafred of ever embracing your
affectionate chddren ? or would you have again recom
mended them to Hr>i who appointed to the waters their
bounds — ^WHo saith unto the waves thus far shalt thou go,
and to the winds, peace, be stUl ? ^lamma's known piety
and fortitude sufficiently suggest the answer to the two
latter queries ; and to the former it becomes rae to reply.
I assure you that in no period of our distress, though ever
so alarming, did I once repine, but incited by his amiable
example, I gave fear to the winds, and cheerfiiUy resigned
myself to the disposal ofthe ALjnGHxv.
•¦ After our misfortunes of the 7th and Sth of Xovember
(the memorable era from which we now date aU events
relative to ourselves), a councU of the officers was held to
consider where it was most expedient to bend our course.
It was unanimously concluded that it would be impossible
to reach Europe at this season with a ship in the condition
that ours was. They were likewise united in opinion that
the southern dfrection was the only one that offered a pros
pect of safety : and of the islands. ]Marthiico was the most
eligible, for its commodious harbour, and the probabUitj' of
being suppUed with materials to refit. Accordinglv. the
first iafr wind that offered (which was not tiU near three
weeks from the above-mentioned era), was embraced in
pursuance of the advice given by the officers : and, aiter
having passed through very squally latitudes, we are now
in smooth seas, having the advantage of trade-winds which
blow directlv for the islands ; nor are we, if the calculations

104 LIFE OP JOHN JAY.
made are just more than 220 mUes distant from the destined
port." The situation of the frigate was in truth exceedingly
critical, and afforded the passengers the distressing as
surance that a storm would prove fatal to them, and that
the first hostUe cruiser that met them would carry them
prisoners to England. The wind and the swell continued
so high, that nearly a fortnight elapsed before the vessel
could be tolerably navigated by raeans of temporary masts,
constructed with spars. Most of the sails had been lost
with the masts, and those which remained, having been
made of damaged canvass, were continually splitting. The
ship was moreover leaky, and the bread damaged by sea
water. The frigate at last reached Martinico on the 18th
of December. The feelings excited by the sudden transi
tion from danger to safety, and from the privations of such
a voyage to the comforts and hospitalities of a refined and
generous society, may be readily imagined.
In approaching Martinico, Mr. Jay was unconsciously
exposed to very imminent danger. Shortly before their
arrival, it was a subject of discussion on board whether
they should make for St. Pierre on the north, or Port
Royal on the south side of the island. Providentially, the
former course was adopted ; and the very day the Con
federacy anchored at St. Pierre, a fleet of six English ships
of the line captured nine French merchantmen off Port
Royal. Had the frigate steered for that port, her capture
would have been inevitable, and Mr. Jay's raission would
have terrainated in the Tower of London. No time was
lost by the American minister in procuring a conveyance
to Europe. He embarked for Toulon on the 28th of
December, only ten days after his arrival, in the French
frigate Aurora, which the governor of Martinico poUtely
ordered on this service.

LIFE OP JOHN JAY. 105

"JOHN JAY TO THE PRESIDENT OF CONGRESS.
" Martinico, St. Pierre, 25th Dec. 1779.
" Sir,
" I have done what, perhaps, I shall be blaraed for ; but
my pride as an Araerican, and ray feelings as a raan, were
not on this occasion to be resisted. The officers of the
Confederacy were here without money, or the means of
getting any. The idea of our officers being obliged to
sneak, as they phrase it, from the corapany of French
officers for fear of running in debt with thera for a bottle
of wine, or a bowl of punch, because not able to pay for
their share of the reckoning, was too huraUiating to be
tolerable, and too destructive to that pride and opinion of
independent equality which I wish to see influence all our
officers. Besides, some of them wanted necessaries too
rauch to be comfortable, or in this country, decent. In a
word, I have drawn on the fund pointed out for the pay
ment of part of my salary, for one hundred guineas in their
favour, to be divided among them according to their re
spective ranks. Indeed, it would have given me pleasure
to have done soraething towards covering the nakedness of
the crew, but the expense I have been put to by coraing
here, and the preparations for another voyage would not
adrait of it.
" I have the honour to be, sir,
" With great esteem and personal regard,
" Your exceUency's most obedient and humble servant
"John Jay."
The Aurora frigate arrived at Cadiz the 22d of January,
1780, after a prosperous voyage, but one not unattended
with danger, as she was chased by a British man-of-war,
and cleared for action. She fortunately outsailed her pur
suer, and put into Cadiz for intelligence, when it was ascer
tained that the naval superiority of the enemy in the
VOL. I.  P

106 LIFE OF JOHN JAY.
Mediterranean was so great as to render it unsafe for her
to proceed to Toulon.
This unexpected termination of the voyage proved not a
little embarrassing to Mr. Jay, who found himself at Cadiz
not only an entire stranger, but without letters of introduc
tion, or bills of credit. He, however, soon acquired the
good wUl, and experienced the friendly offices of raany gen
tlemen in Cadiz, and was treated with marked attention and
hospitality. He was particularly indebted to the kindness of Count
O'ReUly, the governor-general of Andalusia. This gentle
man invited him to his. house at Port St. Mary's, and
behaved to hira, not only with the utmost cordiality, but
with an openness very remarkable in an experienced cour
tier. He gave him a confidential account of the politics of
the court, and of the personal characters of those who com
posed it, not excepting the king himself; an account
which Mr. Jay afterward found to be perfectly accurate,
and from which he derived advantages. His sense of the
jealous temper of the court was evinced by his parting
address to Mr. Jay.
*• You feel, I perceive," said he, " grateful for the civU-
ities I have had the pleasure to show you, and upon your
arrival at Madrid you wUl perhaps think it proper to write
and thank me for them. Be pleased to do no such thing.
Let there be no correspondence between us. Should you
wish to make any communication to me, mention it ver-
baUy to my friend the Count D'Yranda. I shall hear it
from him."
On the fourth day after he had landed, Mr. Jay despatched
his secretary to Madrid, with a letter for the Spanish rain
ister, acquainting hira with the commission with which he
was charged. An answer was returned, inviting him to
to Madrid, but intunating that it was expected he would not
assume a formal character, which must depend on a future
acknowledgment and treaty.

LIFE OP JOHN JAY. 107
Mr. Jay was thus led to perceive, at the very outset of
his negotiation, that the acknowledgment of American
independence by Spain would, on her part, be a matter of
bargain, and that she expected to be paid for admitting an
indisputable fact. He, however, lost no time in repairing
to Madrid ; and, in doing so, encountered all the delay and
inconveniences incident to Spanish travelling.
On his arrival at Madrid, he discovered no disposition in
the Spanish government to enter into negotiations with him,
and he remarked, soon after, in a letter to a friend, " Pains
were taken to prevent any conduct towards rae that raight
savour of an admission or knowledge of American independ
ence. Considering the object of our treaty witii France, I
thought this extraordinary. I do not, however, ascribe it to
any malevolence with respect to us, but merely to a design
in the French ambassador, or his instructions, so to manage
the proposed treaties as that both Spain and America may
hold themselves indebted for the attainment of their respect
ive objects to the good offices of their common ally. I
have too much confidence in our friends the French, to
believe they wish to keep Spain and America longer asun
der, although a design of squeezing a little reputation out
of the business may embarrass the measures for a junc
tion." Shortly after Mr. Jay's departure from America, Con
gress adopted a measure that was prompted rather by the
exigencies of the country than by any sound principles of
policy. As one expedient for raising money for present
necessities, they ordered bills to be drawn on Mr. Jay for
more than half a million of dollars, payable six months
after sight, in the hope that before that time he would
have obtained a subsidy from the Spanish court. With
these bills supplies were purchased for the army, and
the holders sent them to their European correspondents,
who presented them to Mr. Jay for payment. That
Congress should have ventured on such a measure, not
only without knowing that Mr. Jay could procure money

108 LIFE OP JOHN JAY.
in Spain, but even before they had heard of his arrival
there, proves the desperate situation of their finances at
this period of the revolution, and thefr conviction that the
means of continuing the contest were to be provided for at
every hazard. SimUar bUls were drawn upon Mr. Lau
rens, who had saUed as American minister for Holland ;
and unfortunately they arrived before the minister, who,
being captured by a British cruiser, was consigned to the
Tower of London.
Mr. Jay,' on receiving notice of this order of Congress,
represented it to the Spanish rainister as an evidence ofthe
high opinion entertained in the United States of both the
resources and the friendly disposition of Spain. This novel
compliment does not appear to have been very graciously
received. The minister neither promised nor refused to
provide for the payment of the bills ; but an offer of about
half a mUlion was made, on condition that Congress would
furnish Spain with ships of war to that amount. This pro
position, which if faithfully executed could have benefited
Spain alone, was of course promptly rejected. Mr. Jay
was then given to understand, that the claims of the United
States to the navigation of the Mississippi prevented the
formation of a treaty with them.
Before long, the expected but dreaded bUls began to
arrive, and were duly presented for acceptance. As the
minister kept himself uncommitted, the American envoy
was reduced to the humUiating necessity, whenever a bill
was presented to him, to apply to the court for leave to
accept it, or, in other words, to solicit the Spanish govern
ment to loan to the United States the amount ofthe bill. Bills
to the amount of thirteen thousand dollars were in this man
ner accepted ; and hopes were thus excited, that pecuniary
aid would be afforded by Spain. More bills were soon
after presented, and Mr. Jay was unable to ascertain
from the minister what would be their fate. After having
been for some time kept in suspense, he was visited by an
agent ofthe minister, and urged to relinquish the claims of

LIFE OF JOHN JAY. 109
the United States to the Mississippi. He refused, and was
soon after officiaUy informed that Spain would pay no more
bUls. He now inquired whether the United States were to
expect any and what aid from Spain. It was rather the
policy of this court, being then at war with Great Britain,
to amuse than to frritate America. A desfre to injure her
enemy prompted Spain to wish for the independence of
the United States ; at the sarae time she was anxious to
obtain frora the latter as many concessions as possible
before they became strong enough to refuse thera. It was
only, however, iy encouraging an expectation of aid in their
struggle with Britain that the States could be induced to
yield to her deraands. These considerations probably
induced the minister to inform Mr. Jay, that if he could
borrow $150,000, the king would guarantee its repayment
in three years. The result of this offer was, not unlikely,
foreseen. Mr. Jay endeavoured, without success, to effect
the loan on the king's security in Spain, France, and Hol
land. Anxious to save the credit of his country, and regard
less of personal consequences, he now took a step no less
remarkable for its boldness and decision than for its variance
with his usual habits of prudence. He resolved to accept
all bills that should be presented to him ; thus making him
self personally responsible for thefr payment. This was
done for the purpose of preserving the credit of the United
States for at least tbe ensuing six months, and in the hope
that within that time supplies would be obtained frora either
Spain or France. On the 22d of Septeraber, his accept
ances amounted to $50,000. He then applied to the French
court for assistance, and was informed that none could be
afforded. It was npt long, however, before he received
frora France, through Dr. Franklin, $25,000. This relief,
small as it was, revived his hopes and strengthened the
resolution he had taken ; and he continued to accept every
bUl that was presented.

110 LIFE OF JOHN JAY.
Spain, finding that Mr. Jay would not barter the Missis
sippi for a loan, and perhaps thinking it prudent to show
some slight favour, iri hopes of receiving greater ones in
return, promised, about the close of the year, to pay bills to
the amount of #150,000, when they should become due.
This year proved to Mr. Jay one of great anxiety
and perplexity. The bills drawn upon him by Congress,
and the conduct of the Spanish ministry, were fruitful
sources of vexation. The narrowness of his salary, at the
most expensive court in Europe, exposed him to much em
barrassment, and occasioned long and frequent absences
from Mrs. Jay ; since the king being in the habit of residing
at his various seats in the course of the year, Mr. Jay was
compeUed to follow the court, and, from pecuniary consid
erations, was denied the satisfaction of taking her with him.
Separated from her only child, who had been left in America,
and frequently from her husband, and surrounded by for
eigners whose language she could not speak, it may be
easily imagined with what delight the birth of an infant was
hailed by herself and Mr. Jay ; and with what anguish of
disappointraent they were called to mourn its death a month
after. Another circumstance tended greatly to aggravate
the painful situation in which Mr. Jay was placed. Nearly
a whole year expired after his departure from America
before he received a line from any of his family, whom he
had left exposed to the calamities incident to a civil war.
Some of his letters had been intercepted by the enemy, and
others he had reason to believe had been suppressed by the
Spanish post-offices.
Under all these various and trying circumstances he pre
served his usual composure and cheerfulness ; and his
attention to the claims of his country and his friends con
tinued unremitted. Aware of the privations to which his
father's famUy were subjected by the war, and knowing by
experience the difficulty of procuring in America many of
the common conveniences as well as necessaries of life, he

LIFE OF JOHN JAY.

Ill

frequentiy sent over, both from Spain and France, a variety
of articles for their use, and occasionally supplied them with
money from his own scanty salary.*

" TO GOVERNOR CLINTON.
"Aranjues, 21 miles from Madrid, 6th May, 17S0.
" Dear Sir,
" As I have not ray papers with me, I cannot ascertain
the number or dates of my letters to you since I left
* The following list of articles, shipped by order of Mr. Jay, and at his
expense, from Bordeaux, 10th July, 1780, is annexed as a singular proof of
his minute attention to the comforts of his father's family, and also as an
evidence of the destitute condition of the country which could render such
supplies acceptable to a family whom the war had found in opulence, and
who still possessed a large estate.

1 trunk containing
16 ells blue broad cloth, twist, thread,
and silk.
4^. do. cotton assorted for linings.
Buttons, twist, silk, buckram.
3i ells superfine broad cloth (brown).
4J do. cotton.
Buttons, twist, silk, buckram.
47 ells blue serge, lining for the blue
broad cloth.
29J do. camlet.
12 do. silk do.
16 do. flannel, or swanskin.
i lb. sewing sUk.
1 lb. snuff.-
2 pairs raen's superfine white sUk
hose.
2 do. do. strong do.
6 do. do. cotton superfine.
6 do. do. or women's do. do.
6 do. do. worsted mixed.
6 do. do. thread, gray.
3 do. do. mUled hose superfine.
6 doz. ebony knives and forks, tippeJ
with silver.
1 pair taUor's shears.

3 superfine milled caps.
6 felt hats.
i doz. butcher' .s knives.
4 do. brass knee-buckles.
1 do. do. thimbles.
12 pieces tape of 20 ells.
4 doz. do.
1 lb. thread.
6 m. pins.
3 pairs best scissors.
i doz. large black handkerchiefs.
i do. coloured do.
3 lb. nitre.
i lb. cinnamon.
^ lb. cloves.
i lb. nutmegs.
it lb. m.icp.
50 ells linen.
1 piecp colton handkerchiefs.
3 do. fine linen 18 ells.
i do. S clls cambric.
1 piece chintz, white ground, purple
figure.
3 lbs. 13 (fl. tine hyson tea.
2 doz. varn hose.

112 LIFE OP JOHN JAY.
America. I have often done rayself the pleasure of writ
ing to you ; and am in daily expectation of receiving a few
lines frora you.
" The last accounts frora Araerica were of the 10th
March, contained in two or three Boston newspapers,
brought to Bilboa from Newbury. They give us reason,
indeed, to expect that your namesake's fleet has been tho
roughly dispersed, and his designs on South Carolina
thereby defeated. I am anxious for a confirmation of this
intelligence ; it would operate in Europe as rauch to our
advantage, though perhaps not so rauch to our glory, as a
victory. As long as you can maintain your importance,
and appear neither to want friends or fear foes, you will
enjoy respectability on Ihis side of the water, and reap all
the advantages resulting frora it. By her power, justice,
commerce, and consequence, America must expect to gain
and keep friends. The equity of her cause is with raany
only a secondary consideration.
" It is said, you have again adopted the systera of regu
lating prices : I expect no good frora it. What has been
done with Vermont ? It would give me pain to hear that
things remained in the stuu- I left them. Delay is a trump
card that ought not to be I'jrmitted to remain in hand.
" An English paper contains what they call, but I can
hardly believe to be, your confiscation act. If truly printed,
New- York is disgraced by injustice too palpable to adrait
even of palliation. I feel for the honour of ray country, and
therefore beg the favour of you to send rae a true copy of
it ; that if the other be false, I raay, by publishing yours,
remove the prejudices against you, occasioned by the
former. " I vrish to know who are your merabers in Congress. I
find Livingston is one, and am glad of it. What has
become of Morris ? Don't let his enemies in or out of the
State run him down.
" When you write to me, recollect that it is ten to one

LIFE OF JOHN JAY. 113
but your letter will be inspected in its way to me thrbugh
the post-offices of France or Spain. Write, therefore,
under this irapression.
" When you see my old friends, remember me affec
tionately to them. You know who they are.
" Very sincerely,
" Your most obedient servant,
"John Jay."
The confiscation act, referred to in the foregoing, was
unfortunately .authentic. Mr. Jay, in after-life, ofteil spoke
of it with strong indignation. He regarded the dispute with
Britain as one in which men might conscientiously take
opposite sides ; and -while he was ever ready to adopt all
proper measures for preventing the tories from injuring the
American cause, he abhorred the idea of punishing thera
for their opimons. His wish was that no estate should be
confiscated, except such as belonged to those who had been
either perfidious or cruel. By the act alluded to many
were 'attainted who had been perfectly inoffensive ; and he
believed motives of avarice had led to their proscription.
So much disgusted was he with the injustice and inhu
manity of this law, that he always declined purchasing any
property that had been confiscated by it.
" TO GOUVERNEUR MORRIS.
"Madrid, 5th November, 1780.
" Dear Morris,
" Three of your letters have reached me ; the last was
of the 12th July. Some of mine to you were worth littie,
and their miscarriage was of no consequence; there was
one from Madrid, wliich I wish may come to your hands ;
it was interesting.
"Where are you ? — what are you doing ? AchUles made
no figure at the spinning-wheel. The State of New-York
I take to be your field ; if prudently cultivated, it wiU yield
VOL. I.  Q

114 LIFE OP JOHN JAY.
much. Letters, though the best, are poor substitutes for
conversation ; but we must be content. I wish to hear
many things of and from you.
" Mrs. Jay is in tolerable health ; she has had a fine httie
daughter, but she is gone home, and I ara resigned. I have
it in charge f om Mrs. Jay to say many fiiendly things to
you. Drawing bills on me was impolitic in many respects.
The navigation, &c. is strongly insisted on. Many fair
promises of aids, delays unavoidable or designed, the court
undecided and waiting events ; the British ' courting them.
Why was net Ternay supported ? Depend on, yourselves
principally. The French ambassador here has excellent
intelligence from your city. I know but little of what
passes among you, and shall be obliged to you for such traits
of public and private raatters as you raay think interesting.
I have had some letters from Deane ; he is much displeased
with what he thinks the duplicity of, certain persons, who
in particular I don't know : he is endeavouring to establish
here a bargain with Miralles about masts, and talks of com
ing here ; — how did you and he part ?
" Should this find you at Philadelphia, remember me to
my friends there. I know you, and therefore am, and wiU
be cordially, " Your friend,
" John Jay."
Mr. Deane, who is mentioned in the preceding letter, was
the gentieraan of whose secret correspondence with Mr.
Jay we have already spoken. On his return to America
he became involved in disputes with Congress about his
accounts, and went back to France greatly dissatisfied with
the treatment he had received. The injustice, whether real
or imaginary, which he experienced from Congress, seems
at first to have cooled, and finaUy to have extinguished, his
attachment to the American cause. He professed a strong
friendship for Mr. Jay, and wrote many letters to him from

LIFE OF JOHN JAY. 115
France, filled with criminations of his supposed enemies,
and with glooray predictions of the evils that awaited his
country. We insert two of Mr. Jay's replies.
"TO SILAS DEANE. " Madrid, 26th December, 1780.
"Dear Sir,
" At length your first letter, contrary to my expecta
tions, has arrived, and my attention to it shall not be want
ing. I have also received your favour of the 18th Septem
ber ; since "^hich raore of my letters than one have, I hope,
reached you, this being the fourth.
"Ihave read, considered, and reconsidered the facts and
reflections you communicate, and am persuaded that the
consequences you draw, though in a certain degree just, are
not quite so extensive as you seem to suppose. I am not
free from similar apprehensions, but they are not so strong
as yours. But however well founded they may be, they
ought only to increase our prudence. If I had leisure, it
would give me pleasure to go largely into this subject : at
present I cannot, because matters of more imraediate ira
portance engage rae.
" That you have been hardly treated I know, and shall
never hesitate tt) say ; but I cannot think the cases of the
gentlemen are similar, or prove the points to which you
apply them. You was blamed, not for omitting finaUy to
settle your accounts in France, but for not being in capacity
to show (when in America) what those accounts were ; and
I don't know that those , gentlemen were or wUl be charge
able with the like incapacity. I mention this only to show
the distinction between the cases.
" How far the distinction is important, or how far that
incapacity could justify the treatment it occasioned, are
other questions. For my own part I think it could not
justify it. It wiU also remain a question how far your
measures were prudent. I think some of them were, and

116 LIFE OP JOHN JAY.
some not; but this inquiry requires many considerations,
and combinations, and circumstances, which I must defer
for the present. The discoveries you allude to respecting
secret practices surprise rae exceedingly; Ihad no such
suspicions : perhaps you may give more weight to circum
stances than they may merit The inquiry nevertheless is
very important, and whUe any doubts remain, the pursuit
should be continued. Justice demands that we should not
even in our opinions injure men who raay be innocent ; and
prudence also demands that we permit not a good heart to
impose on a good head, — a case by no means uncommon.
" I wish there were twenty other motives than those you
mention for -your passing to Spain, exclusive of the satisfac
tion it wUl give me to see you. The matters you mention
are highly interesting in a public and a private view. They
cannot be so well handled in letters as conversation. Whe
ther it wUl be in my power to meet you I cannot predict, and
therefore cannot promise. It would be agreeable, but I
have hitherto found so many matters not to be neglected
constantly demanding my attention, that I cannot flatter
myself with being more disengaged tUl the greater objects
of my coming here shall be either attained or become un
attainable. If I should nevertheless be able, I will ; if not,
I hope you will come on.
" The attachment you express for your country, notwith
standing your complaints of her ingratitude, does you much
honour. The injustice of resenting on a whole people the
mistakes or transgressions of a few is obvious ; but there
are comparatively not many who, under similar circum
stances, either think right or act so. Truth is seldora so
immersed in darkness as not to be capable of being brought
to light if attempted in season ; and as the mass of the
people mean well, they wUl finally do justice, though their
mistakes and passions sometimes delay it. Persevere there
fore, do good to your country, and evmce the rectitude of
your conduct whUe in her service. I believe you honest

LIFE OP JOHN JAY. 117
end I think you injured. These considerations wiU always
prompt me to every friendly office in my power to render.
I must again advise you to coUect, review, and ascertain
precisely the evidence you may have or can obtain of the
duplicity of the persons you allude to, whoever they may
be. I see this business in many important fights, and the
time may come when you may rejoice in aU the trouble you
may now be at about it. Nay, all this evidence, provided it
should appear material, ought to be committed to paper, and
not permitted to diminish or die in or with your memory : put
it in the power of your friends to vindicate your reputation
when you may be no more. It wilfbe of particular import
ance to your son, to whom you cannot leave a better inherit
ance than a good, nor a worse one than a bad or doubtful
reputation. Remember too that time is spending, men for
getting or dying; papers wasting, &c. ; and therefore the
sooner you reduce these raatters to certainty the better. .
" Mrs. Jay and the colonel desire to be particularly
remembered to you. This wiU go under cover to Dr.
Franklin. Be pleased to assure him of my regard and
esteem, of which. also believe you have no little share.
" I am, dear sir, very sincerely yours, &c.
" John Jay."
"to SILAS DEANE. " Madrid, 1st November, 1780.
" Dear Deane,
" If my regard for my friends be raeasured by the length
of the letters I write thera, I confess they have often reason
to complain, especially as constant attention to matters
of public concern leaves me littie leisure for that pleasing
method of employing one's vacant hours. Not many days
have passed since I wrote you a letter of more than mode
rate length ; and if I could indulge my inclination, you would
read much of my writing. There are many subjects, both

118 LIPE op JOHN JAY.
interesting and otherwise, on which I should be glad to con
verse with you, either on paper or in person ; but the former
is seldom in my power, for the reason I have mentioned.
Could- 1 transport myself for a few hours to Passy, we
should soon find ourselves in a situation simUar to that
we were often in at Mrs. House's in 1775. Letters cannot
effect this ; a multiplicity of circumstances must necessarUy
be stated and combined. Besides, I perceive that .you
neither know my situation respecting certain individuals,
nor I yours. I am convinced that we have the same regard
for each other as before. You will be of the same opinion
if Providence should again give us an occasion of convers
ing. These are no times to bid adieu tp politics ; while
you can be useful in them, don't restrain your' pen from
those subjects. If ever you and I should talk these matters
over, you wUl think my letters less reprehensible.
" The captain of, a vessel lately arrived at Cadiz from
North Carolina, says our paper was appreciating, there.
The King of Spain has offered us his responsibility to facili
tate a loan, and I am in a fair way of having some clothing
for our army. These circumstances wiU give you pleasure,
I am sure." The state of America I admit to be a serious
matter ; but I still think it wUl terminate well, though it may
be scorched by tke ordeal through which it is to pass : of
this you know more than I do, and therefore can better
judge. France had better be cautious. I believe firmly
the old adage, nil utile,^nisi quod honestum ; and therefore
before politicians and others deviate from integrity, they
should weU consider the consequences. I see very clearly
that in the instance alluded to repentance would soon
foUow, and nof only prove , ineffectual, but severe. In -a
word, my friend, as to all these affairs, I believe that a wise
and good Being governs this world, that he has ordered us
to travel Ihrough it to a better -one, and that we have
nothing but our duty to do oii the journey, which will not

LIFE OF JOHN JJiY. 119
be a long. one. Let us therefore travel on with spfrits and
cheerfiilness, without grumbling much at tiie bad roads,
bad inns, or bad corapany we may be obhged to put up
¦with on the way. Let us enjoy prosperity when we have
it and in adversity endeavour to be patient and j-esigned,
without being lazy or insensible.
" I cannot approve, of your ceasing to reflect on certain
subjects. The more you reflect on them the better in my
opinion; upon the same principle, that it is better to meet
and reduce one's enemies, than submit to thefr bondage, or
remain exposed to repeated injuries.
" Mrs. Jay and thecolonel desfre me to make thefr com
pliments to you. ' J
" I am, dear sfr, very fruly, )
"Your friend and servant
« John Jay."
The draught of the last letter contains the foUowing pas
sage, which, from a fine drawn across it appears to have
been oniitted in the copy, probably from its apparent
egotism : it is important as explaining the great governing"
principle of Mr. Jay's life.
" Your country has been ungratefiil, you say — admit it.
I have done nothing but sei-^'C my cOuntrj" for these six
years past and that most faithfiiU}\ But I confess that I
did it and am still doing it as much and more for my own
sake as for thefrs ; tbat is, because I thought and think it
my duty : -without doing which I know I cannot please my
Maker and get to heaven. Provided He is satisfied with-
my conduct die mistaken opinions of others cannot deprive
me of happiness."
Mr. Jay labotured, but in vain, to induce the Spanish
court to enter into negotiations for a treaty. His advances
were met with coldness, and various pretexts were made
for delay. At length, on the J8th May, he had tile mor-

120 LIFE OP JOHN JAY.
tification of learning by a private letter frora America, that
Congress had, on the 15th of the preceding February,
resolved to instruct him, no longer to insist on the free navi
gation of the Mississippi below the southern boundary of
the U-nited States. This resolution was introduced by the
delegates from Virginia, and assented to by all the Southern
States, with the exception of North CaroUna. Mr. Jay
became well assured that these new instructions were
known to the Spanish minister, and to the French ambassa
dor at Madrid ; and yet, strange as it may seem, he hiraself
received no official notice of them till the 11th July follow
ing, when the Spanish secretary of state placed in his hands
a letter from, the President of Congress, announcing the
altered resolution of that body. The despatch had been
iniprudently lodged in the post-office by the person to whose
care it had been intrusted. Frora the post-office it had
been sent to the rainister, who did not think proper to de
liver it till, as the appearance of the packet raanifested,
he had opened it, and made himself acquainted with its
contents. Mr. Jay now again urged the negotiation, and presented
the minister with the plan of a treaty ; one article of which
relinquished the claim of the United States to the navigation
of the Mississippi ; accompanied by a declaration made on
his own responsibility, that should the proposed treaty not
be concluded before a general peace, the United States
were' not to be bound by their present offer to surrender
the navigation.
But if Mr. Jay was surprised and mortified by his
instructions respecting the Mississippi, those emotions were
far more strongly excited by receiving from Congress cer
tain instructions, which accompanied comrais sions, autho
rizing him in conjunction with others to enter into negotia
tions for peace with Great Britain, and to accept of the
mediation. of the Empress of Russia and the Emperor of

LIFE OF JOHN JAY. 121
Germany. . His feelings on this occasion are depicted in
the foUo-wing letter.
" TO THE PRESIDENT OF CONGRESS.
" St. ndefonso, 20th Sept., 1781.
"Sm,
" Your exceUency's favour of the 5th July past, with the
papers therewith enclosed, were dehvered to rae on the
29th ult. by Major Franks, whom the procrastination of the
minister stUl obliges rae to detain.
" The new commissions with which Congress have hon
oured me, argue a degree of confidence which demands my
warmest acknowledgments ; and which, so far as it raay
be founded on an opinion of ray zeal and integrity, they
may be assured -wUl not prove misplaced.
" At the commencement of the present troubles I deter
mined to devote myself, during the continuance of them, to
the service of my countrj', in any station in which she
might think it proper to place me. This resolution, for the
first tirae, now embarrasses me. I know it to be ray duty,
as a pubfic servant, to be guided by my own judgment only
in matters referred to ray discretion ; and, in other cases,
faithfuUy to execute my instructions -without questioning
the pohcy of them. But there is one araong those which
accompany the commissions, which occasions sensations I
never before experienced, and induces me to vrish that my
name had been omitted.
" So far as personal pride and reluctance to humihation
may render this appointment disagreeable, I view it as a
very unimportant cfrcumstance ; and should Congress, on
any occasion, think it for the pubhc good to place rae in a
station inferior and subordinate to the one I now hold, they
wUl find rae ready to descend frora the one, and cheerfiiUy
undertake the duties ofthe other. My ambition -wUl always
be more gratified in being usefid than conspicuous ; for, in
my opinion, the solid dignity of a man depends less on the
VOL. I.  R

122 LIFE OP JOHN JAY.
height or extent of the sphere allotted to him, iban on the
manner in wliich he may fidfil the duties of it.
" But, sir, as an American, I feel an interest in the dig
nity of my country, which renders it difficult for me to
reconcUe myself to the idea of the sovereign independent
States of America submitting, in the persons of thefr min
isters, to be absolutely governed by the advice and opinion
of the servants of another sovereign, especially in a case
of such national importance.
" That gratitude and confidence are due to our allies i»
not to be questioned ; and that it wUl probably be in the
power of France almost to dictate the terms of peace for us,
is but too true. That such extraordinary extent of confi
dence may stimulate our alUes to the highest efforts of a
generous friendship in our favour, is not to be denied ; and
that this instruction receives some appearance of policy
from this consideration, raay be adraitted.
" I must, nevertheless, take the liberty of observing, that
however our situation may, in the opinion of Congress, ren
der it necessary to relax their demands on every side, and
even to direct their coraraissioners ultiraately to concur (if
nothing better can be done) in any peace or truce not sub
versive of our independence, which France raay be deter
rained to accede to, yet that this instruction, besides breath
ing a degree of complacency not quite republican, puts it
out of the power of your ministers to improve those chances
and opportunities which, in the course of human affairs,
happen more or less frequently unto all raen. Nor is it
clear that America, thus casting herself into the arms ofthe
King of France, will advance either her interest or reputa
tion -with that or other nations.
" What the sentiments of my colleagues on tliis occasion
may be, I do not as yet know ; nor can I foresee how far the
negotiations of the ensuing winter may call for the execu
tion of this commission. Thus circumstanced, and at such
a distance frora America, it would not be proper to decline

LIPE OP JOHN JAY. 123
this appointment. I will, therefore, do my best endeavours
to fulfil the expectations of Congress on this subject ; but as
for my own part, I think it improbable that serious negotia
tions for peace wiU soon take place, I must entreat Congress
to take an early opportunity of relieving me frora a station
where, in character of their rainister, I raust necessarily
receive and obey (under the narae of opinions) the direc
tions of those on whom I really think no American minister
ought to be dependent, and to whom, in love for our country,
and zeal for her service, I am sure that my colleagues and
myself are at least equal.
" I have the honour to be, &c.
"John Jay."
It may not be uninteresting to trace the causes which led
Congress to assent to an instruction that could both prompt
and justify such a letter.
By the treaty of aUiance between France and the United
States, each party was bound not to conclude either a peace
or a truce wit'i the coraraon enemy without the consent of
the other; and they mutually engaged not to lay down
their arras until the independence of the latter had been for
mally or tacitly assured by the treaty or treaties which
should terminate the war.
France had, of course, her own objects in declaring war
against Great Britain ; and as the separation of the colonies
from the mother country tended to further those objects,
she laboured sincerely and zealously to effect the separa
tion. But after she had obtained the objects for which she
had gone to war, it would have been inconvenient for her
to have continued the contest solely for the benefit of her
American allies. She was restrained no less by inclination
than by treaty from raaking peace till the independence of
the colonies was secured; but it was possible that the
United States might prefer claims beyond mere independ
ence, which Great Britain might refuse to allow, and it was

124 LIFE OF JOHN JAY.
the policy of France to avoid, on the one hand, a breach of
the faith she had plighted to America, and, on the other, a
contmuance of the war for objects in which she had no
interest Hence it became very important to France to
have the power of controUing the negotiation of the Amer
ican claims, that they might not protract the war after she
herself was ready for peace. But it is not to be supposed,
that this was the only consideration that could render such
a power desirable to the French court.
The ultimate independence of America was now placed
beyond a doubt, and France was naturaUy anxious to ren
der subservient to her interests an ally in whose cause she
had expended so much blood and treasure. The United
States, with contracted boundaries, excluded frora the Gulf
of Mexico, and denied all participation in the fisheries, and
frritated -with England, would be more hkely to assume the
character of a humble satellite to the house of Bourbon,
revolving within its sphere, and controlled by its influence,
than if elevated to the rank of a powerful erapire, and
reconcUed with Great Britain by a liberal and equitable
treaty. France seems to have been early, as weU as
steadily influenced by views like these. In 1779, Congress
were engaged in discussing the conditions of peace proper
to be proposed. The ultimata suggested were :
1st. The acknowledgment of the independence of the
United States by Great Britain, previous to any treaty or
negotiation for peace.
2i That the Mississippi should be the western boundary.
3d, A participation in the fisheries.
4th. The navigation of the Mississippi to the southern
boundary, and a port below it.*
While this subject was under discussion, the French
mmister at PhUadelphia, Mr. Gerard, submitted to Con
gress a -written raemorial, in which he gave them to under-
* Secret Journal of Congress.

LIPE OF JOHN JAY. 125
Stand that Britain would probably refuse a forraal acknow
ledgment of their independence, and, reminded them that,
" to this day, Genoa and the- Swiss Cantons have obtained
no renunciation, nor acknowledgment, either tacit or formal,
from thefr forraer sovereigns, but they enjoy their sove
reignty and independence only under the guarantee of
France." These reraarks were, doubtless, aimed at the first of the
proposed ultimata. That condition, it was apprehended,
might protract the war longer than would be convenient
to France ; and it would not, probably, have been displeas
ing to that court should the United States, like Genoa and
the Swiss Cantons, have consented to enjoy their inde
pendence under its guarantee. He, moreover, urged upon
Congress, that " it was important to provide, that difficul
ties of this nature, which reside merely in words, should
not delay or prevent America from enjoying the thing
itself." He next adverted to " the raanifest and striking
necessity of enabling Spain, by the determination of just
and moderate terms, to press upon England -with her good
offices, and to bring her mediation to an issue." This was
a hint to Congress as to their 2d arid 4th ultimata. Con
gress,, however, at this time remained firm, and unani
mously concurred in the instructions to be given to the
minister to be appointed to conduct the negotiations for
peace. These instructions required that Great Britain
should treat with the United States as a sovereign and in
dependent nation, and they insisted that the Mississippi
should be the western boundary. The condition relating
to the fisheries was omitted, but Congress at the same time
passed a declaratory resolution, that any future attempt on
the part of Great Britain to molest any of the inhabitants
of the United States in the exercise of thefr right to the
fisheries, should be a cause for war.
In all other matters not provided for by the instructions,
the minister was to be governed " by the advice of our

126 LITE or JOHN JAY.
allies, by your knowledge of om- interests, and hy you^ oum
discretion." The ultimata agreed on by Congress, and the qualified
reference of their minister to tiie advice of their allies, did
not comport witii the views of the French court. That
court appointed Count Luzerne to succeed IMr. Gerard ;
and on the 25th January, 1780, tiie new minister requested
a conference with Congress. A committee was appointed
to receive his communications ; and tiiey reported that the
count was ordered hy his government to inforra Congress
of certain points wliich Spain deeraed of great iraportance,
and on which it was necessary that Congress should ex-
phcitly explain themselves, viz.
1st. That the territories of the United States extended
no further west than the limits to which settiements were
permitted by the royal proclamation of 1763.
2dly. That the United States have no right to navigate
the Mississippi, ha-ving no territory adjoining any part of
tiie river.
3dly. That Spain will probably conquer the Floridas,
and intends holding them.
4thly. That the territory on the east side of the Missis
sippi belongs to Great Britain, and will probably be con
quered by Spain ; and die minister therefore advised Con
gress to restrain the southern States frota making any settle
ments or conquests in that territory.
Count Luzerne likewise intimated for the information of
Congress, that France could not regard the independence of
the United States as free from danger until they were united
in amity with Spain.'*
These extraordinary coraraunications led Congress to
perceive that France did not intend to countenance them
in their claim to the navigation of the Mississippi, and doubt
less induced them to order Mr. Jay to abandon it. Al
though this interference of France in behalf of Spain did
* Secret Journal of Congress.

LITE OF JOHN JAY. 127
not coincide Avith the frequent and strong declarations of
her regard for the rights and interests of her American
aUies, it was npt unnatural, and ought not to have been unex
pected. The two courts were allied by a common interest
and a coraraon religion, as well as by the ties of consanguin
ity, and of the FamUy Corapact. That under these circura
stances France should have lent the weight of her influence
to the claims of a branch of the house of Bourbon rather
than to those of a distant people, in whom she had become
interested only by recent pohtical occurrences, and whose
language, religion, and raanners were all alien to' her own,
was no otherwise a just cause of complaint than that the
preference, instead of being frankly and honestly avowed,
was masked by insincere professions, and its objects pur
sued by indirect and disingenuous means.
Count Luzerne, having succeeded in persuading Congress
to relinquish their claim to the Mississippi, made a further
trial of their submissiveness. On the 26th May, 1781,* he
informed Congress that the Empress of Russia, and the
Eraperor of Germany, had offered their mediation for a
peace, and that as the manner of conducting the negotiation,
the extent of the powers to be granted to the American
plenipotentiary, and the use to be made of them, as well as
the confidence that ought to be reposed in the king's minis
ters, were subjects which should be fully discussed with a
comraittee, he asked Congress to, appoint a committee to
confer with him.
This arrogant demand was acceded to. The committee
appointed for this purpose reported to Congress, that the
minister disapproved of their late nomination of a rainister
to Russia ; that he complained that Mr. Adams, who was
then in Europe with a commission from Congress for nego
tiating a treaty of peace, assumed the right under that cora
mission of treating with England ; and that the count was
desirous that Congress should draw a line of conduct for
* Secret Journal of Congress.

128 LIFE OF JOHN JAY^
that minister, of which he might not be perraitted to lose
sight and would order him, with respect to the raanner of
executing his instructions, " to receive his directions from the
Count de Vergennes, or from theperson who might be charged
with the negotiation in the name ofthe king." He also added,
that in the opinion of Count Vergennes, it is of great import
ance that these instructions be given as soon as possible to
Mr. Adams.
On the Sth of June, after much discussion, Congress
agreed on new instructions to Mr. Adams ; in which they
forbear insisting on any other ultimata in the treaty of
peace but independence, and the observance of existing
treaties with France. The instructions concluded as fol
lows : " You are to make the most candid and confidential
communications upon all subjects to the ministers of our
generous ally the King of France ; to undertake nothing in
the negotiations for peace or truce without their know
ledge or concurrence ; and to raake them sensible how
much we rely upon his majesty's influence for effectual
support in every thing that may be necessary to the
present security, or future prosperity of the United States
of America."
The , committee already mentioned now recommended
that some person should be associated with Mr. Adams in
the negotiation. This recommendation was, no doubt,
suggested by the count, who had conferred with the cora
raittee, and who dreaded the well known independent char
acter of Mr. Adams. Congress, however, thinking they
had already carried their complaisance far enough, refused
at first to appoint additional commissioners, but ordered the
committee to communicate in confidence the new instruc
tions to Count Luzerne. It was, no doubt, supposed that
these instructions would not only receive the approbation
and applause of the French minister, but would remove
whatever apprehension he or his court might have enter
tained of the unbending patriotism of Mr. Adams, left as

LIFE OP JOHN JAY. 129
he was by the first instructions to the guidance of his " own
discretion." The surprise and mortification of Congress may be easily
conceived when they learned from their coraraittee, that
the arrogance of their powerful ally demanded further sac
rifices of national honour and independence. They had
submitted to the French minister the instructions recently
adopted ; and now proposed the insertion in them of the
following words, viz. " and ultimately to govern yourself
by their (tiie ministers of the King of France) advice and
opinion:" thus making die American negotiator a mere
puppet, to be plaj-ed at pleasure by Count Vergennes.
Astonishing as it may seem, only three States in Congress,
Massachusetts, Rhode Island, and Connecticut, voted
against tliis prostration of their country at tiie footstool of
a despotic prince.* Having thus surrendered the whole
negotiation into the hands of the French cabinet. Congress
no longer thought it worth while to insist on their original
appointment of Mr. Adams ; and as Count Vergennes
wished other tools to work with, they proceeded to associate
Mr. Jay, Dr. Franklin, Mr. Jefferson, and Mr. Laurens
with Mr. Adams, as ministers plenipotentiary to negotiate
a peace.
We thus find that the instructions which excited Mr.
Jay's indignation were virtually dictated by a foreign
minister, and for the express and obvious purpose of sacri
ficing the essential interests of the United States to the
views of the two branches of the house of Bourbon ; and
tiiat he himself owed his appointment to the jealousy enter
tained by the French court of the independence of Air.
Adams. Happily for his country, liis patriotism induced
* The members in the negative were Messrs. Lovell and Ward, from
Massachusetts; Mr. Varniim, from Rhode Island; Messrs. Huntingdon,
Ellsworth, and Sherm.in, from Connecticut; IMessrs. Montgomery and
Smith, from PcnnsylvLmia; and Mr. Bland, from Virginia. JNo delegate
from New-York vras present. — Secret Journal of Coii!;ress.
VOL. I.  S

130 LIFE OF JOHN JAY,
him both to accept the huraiUating comraission and to burst
the bonds with which it was fettered.
But although the French minister had found a majority
in Congress subservient to his wishes, it must not be sup
posed that aU were blind to the subtie policy ,of France, or
satisfied with the sacrifices that had been raade to it
A few days after the instructions were voted, Mr. Gouver-
neur Morris addressed a letter to his friend, frora which it
wUl be perceived what a strong sense of disgust the late
conduct of Congress had excited.
"TO MR. JAY.
" Philadelphia, 17th June, 1781,
" Dear Jay,
" Although I believe myself thoroughly acquainted with
you, yet I cannot tell whether I ought to congratulate or
condole with you on your late appointment Ere this
reaches you, you wUl have learned, that you are on the part
of this country one of five to negotiate peace ; so far you
are something : but^hen you come to find by your instruc
tions that you must ultimately obey the dictates of the
French minister, I am sure there is something in your
bosom which wiU revolt at the servUity of the situation.
To have relaxed on all sides, to have given up all things,
might easily have been expected frora those rainds which,
softened by wealth and debased by fear, are unable to gain
and unworthy to enjoy the blessings of freedora. But that
the proud should prostitute the very little dignity this poor •
country was possessed of, would be. indeed astonishing, if
we did not know the near alliance between pride and raean-
ness : men who have too little spirit to demand of their
constituents that they do their duty, who have sufficient
humUity to beg a paltry pittance at the hands of any and
every sovereign, such raen will always be ready to pay 'the
price which vanity shall deraand frora the vain. Do I not
know you well enough to believe that you will not act in

LIPE OP JOHN JAY. 131
tbis neiv capacity ? I thinlc I do ; and therefore I wUl
express my concern that you must decline the honour, if
that name can be applied to such offices. Decline, how
ever, with decency, though with dignity. I mean always
if no alteration takes place, which shall be done if I can
effectuate it, though I alraost despair.
"No other Congress wiU surrender all, as this has, to an
ally. I am more moved on this occasion than I ever have
been, and therefore it is possible I may be raistaken ; but I
think so strong, so deep an irapression cannot be false.
" Reraember rae properly, and believe rae,
" Yours,
"GoUVERNEUR MoRRIS."
The intercourse between Congress and its servants abroad
had hitherto been carried on through its president ; but in
the latter part of 1781, the Office of Foreign Affairs was
established, and Chancellor Livingston of New- York was
placed at its head, and becarae the raediura of all coramu-
nications from foreign ministers to Congress. Mr. Jay had,
however, little information of an agreeable nature to trans
mit to his old friend. His domestic happiness had indeed
received an accession in the birth of a daughter, but his
negotiation still continued a fruitful source of soUcitude and
embarrassment. In the month of March, his acceptances
exceeded the amount promised by Spain, by $100,000. In
duced by repeated although indefinite promises of aid, he
had continued to accept every biU as it was presented.
After the rainister had advanced about $150,000, a banker
in the confidence of the governraent offered to provide funds
to pay aU the reraaining acceptances, on the proraise of
repayraent by the court within ten or twelve raonths.
When this offer was raade, the Spanish, rainister probably
intended to save the American credit ; but when the bills
became due, another course of policy was adopted. The
offer was acceded to by the court, when the banker.

132 LIFE OF JOHN JAY.
at the instigation of the minister himself, as there is rea
son to beheve, insisted upon other terms of repayment
by the governraent, and thus afforded them a pretext for
withholding their guarantee from the proposed loan. This
act of perfidy reduced Mr. Jay, on the 16th March, to the
mortifying necessity of protesting the bids still unpaid, and
thus for a time to annihilate the credit of the' United States
in Europe.
But this raortification was happily of short continuance ;
for ten days after the protest, he received information, from
Dr. Franklin of a subsidy granted by France, and permis
sion to draw upon him for the amount necessary to redeem
aU the bills then due. Thus had he the satisfaction of see
ing the credit of his country restored, and his own appa
rently rash conduct justified by tfie event.
Mr. Jay's continued residence in Spain now afforded no
prospect of usefulness to his country. Although treated
with great personal civUity, he was not acknowledged in
his public character, nor did he see any probability of form
ing any other treaty with Spain than such as raight be
extorted from the necessities of America. Thus situated,
it must have been with no sraall satisfaction that he received,
early in May, a letter frora Dr. Franklin, pressing him to
repair to Paris^ to assist in the negotiations fjr peace, which
the Dr. believed would soon be opened. With his usual
promptitude, he obeyed the sumraons in a few diys, and,
abandoning a field in which his labours had produced but
little fruit, he entered another, in which he gathered for his
country an abundant harvest..
Shortiy before his departure from Spain, he received -
from Dr. Franklin a copy of a letter written by Mr. Deane
to a friend in America, representing the American cause as
desperate, and recommending an immediate reconciliation
with Great Britain. The letter had been intercepted and
published by the English. Mr. Jay, who, as we have
already seen, was on friendly terms witii Deane, had sus»

LIFE OF JOHN JAY. 133
pended his portrait in bis parlour at Madrid; but on
receiving this evidence of his apostacy, he took down the
picture and threw it into the fire, and ever after showed
great reluctance to speak of the original.

CHAPTER VI.
1782-4.
The French Court endeavours to prepare Congress for the Abandonment of
their Claims — Mr. Jay arrives in Paris — The Spanish Ambassador wishes
to negotiate with him — The Claims of Spain countenanced by France —
Mr. Jay refuses to treat with Count Aranda without first seeing his
Powers-^Anecdotes of Count Aranda — Mr. Oswald, the British Com
missioner, arrives — Mr. Jay refuses to treat with him till American In
dependence is Acknowledged — Drafts a new Commission for Mr. Oswald
— French Intrigues to defeat the Claims of the United States — Mr. Jay
sends a secret Agent to the British Ministry — Independence acknowledged
— ^^Mr. Jay drafts Preliminary Articles — Extracts from his Diary — Mr.
Adams arrives — Dr. Franklin's Conduct and Views explained — Anecdotes
of French Intrigue — Extracts from Mr. Jay's Correspondence — Signs
Treaty of Peace — Visits England — Returns to France — Embarks for
America. The French government, having become masters of the
negotiations for peace by the instructions it had prevailed
on Congress to give their coraraissioners, began to prepare
that body for the sacrifices demanded by French policy.
The court of VersaiUes, wishing to keep the United States
dependent solely on herself, was not desirous that they
should forra European aUiances. That court had taken no
raeasures to facilitate the efforts of Mr. Jay to forra a treaty
with Spain. It had expressed to Congress its disapproba
tion of the appointment of a minister to Russia ; and on
the 21st September, 1781, the French minister at PhUadel
phia inforraed Congress that Count Vergennes had been

134 LIFE OP JOHN JAY.
advised " of the intentions of Mr. Adams ta display his
chara,cter as minister of the United States in Holland ; that
the Duke Vaugion (French ambassador at the Hague) gave
Mr. Adams no assistance on that occasion, knowing the
application would have no favourable influence." Happily,
however, Mr. Adams, contrary to the advice and wishes of
the French ambassador, demanded and obtained from Hol
land the recognition of American independence.
On the 23d November', 1781, the French minister informed
Congress, " that the king accepted with pleasure the proofs
¦\yhich Congress have given him of their confidence, when
they intrusted to his care the interests of the United States.
Tha,t he -would use his influence and credit for the advantage
of his allies, whenever a negotiation should render their
interests a subject of discussion ; that if he did not obtain
for every state all they wished, they must attribute the
sacrifice he raight be compelled to mftke of his inclinations
to the tyrannic rule of necessity."* This allusion to the
wishes of the several States undoubtedly ad reference to
the fisheries claimed by the eastern, and the navigation of
the Mississippi, claimed by the southern States.
On the 28th January, 1782, Count Luzerne corarauni
cated to Congress a letter frora Vergennes, stating that
" France wished to obtain every advantage for the United
States ; that powers at war raust often be governed by
circurastances ; that if events should enable her to com
mand them, the United States might depend on every thing
she could obtain ; that her political systera depended, not
only on Araerica, but on the other powers at war ; that, if
France should continue hostUities raerely on account of
America, after reasonable terms were offered, it was impos
sible to say what the event might be."
On the 24th September, 1782, the French rainister again
laid before Congress the substance of several letters from
* Secret Journal of Congress.

UFE OP JOHN JAY. 135
Count Vergennes. In one the count observed that the con
federacy would.be crowned "with success, if the four
powers persisted invariably in a firm attachment to their
union ; and if qn the one hand, malting the greatest exer
tions to procure the corapletest satisfaction, they on the
other hand confined themselves within such bounds of mode
ration, as to give no umbrage tb any one of the powers at war
with Great Britain ;" or, in other words, if the United
States should avoid giving umbrage to Spain, by surrender
ing tiieir clauns to the navigation of the Mississippi, and to
the territory between that river and the AUeganies. In
another letter the count reraarked, " that when negotiations
were entered into vyith sincerity, the king would most
readily eraploy his good offices in support of the United
States, in all points relating to their prosperity ; that Con
gress were theraselves sensible of the distinction between
the conditions of justice and rigour and those of convenience
and compliance, which depended on the good or bad situation
of affairs ; that though the circumstances ofthe allies were
very promising, such events might happen as might make it
advisable to adopt' the part of moderation."
AU these dark and ominous hints were well calqulated to
excite alarm ; and Congress discovered too late that they
had deputed to a foreign prince that control over the con
ditions of peace which their constituents had confided only
to themselves. The instructions they had unliappUy been
persuaded to give tiieir commissioners now compelled
them humbly to sue for those rights which, under other cir
cumstances, they would, if necessary, have seized by force
of arms. In tiieir reply. Congress declared that, consider-
mg " the territorial claims of these States as heretofore made,
their participation of the fisheries and of the free navigation
ofthe Mississippi, not only as their indubitable rights, but
as essential to their prosperity, they trust that his majesty's
efforts will be successfully employed to obtain a sufficient
provision and security for those rights ; that they trust tiiat

136 LIFE OF JOHN JAY.
the circurastances ofthe aUies at the negotiations for peace
wUl be so prosperous as to render their expectations con
sistent with the spirit and moderation recommended by"^ his
majesty."* ^ The various communications made to Congress by the
French ministers, together -with subsequent events, afford a
raass of evidence, not easily resisted, of the intention of the
French court to mould the treaty between Great Britain
and Araerica into such a forra as would best qomport with
its own interests, and those of the Spanish branch of the
house of Bourbon. That this intention, was frustrated was
chiefly owing, as-wUl be seen in the sequel, to the foresight
and firmness of Mr. Jay.
That gentleman arrived with his fafnily at Paris on the
23d June, after a tedious journey from Madrid. The fol
lowing meraoranda, frora a brief diary which he at this time
kept evince the prompt attention paid by hira to the duties
of his rriission, and how liftle disposed he was to postpone
public business for pergonal ease and relaxation.
" 17S2, 23d- June. Arrived at Paris about noon. Spent
the afternoon at Passy with Dr. Franklin. He inforraed
me of the state of the negotiation, and that he kept an exact
journal of it.
"24th. Waited upon M. Vergenries with the Dr.- The
count read to us his answer to the British minister.
',' 25th. Wrote to Count Aranda. Wrote to the secre
tary for foreign affairs.
" 26th. After breakfast with the Dr. met with Mr.
GrenviUe." The negotiation for peace had not yet assumed any
definite form. Ip the raonth of February parliament had
passed resolutions, censuring the continuance of the war
with Araerica, and requesting the king to terrainate it.
These resolutions led to the forraation of a new ministry,
* Secret Journal ofCaiicrrcss.

LIFK OP JOHN JAY. 137
by whom Mr. Oswald was sent to Paris to cinnounce the
desfre of the cabinet for peace ; and soon after jMr. Gren
viUe was commissioned to treat with the rainisters of the
king of France, and with the ministers of any other prince
or state whom it might concern. No iraportant raeasures
resulted from this comraission, as jMr. GrenviUe was soon
after recaUed. On the 26th July, ]Mr. GrenviUe was suc
ceeded by Mr. Fitzherbert, with powers to treat with
France, Spain, and Holland.
On leaving Spain, JNIr. Jay was informed that Count
Aranda, the Spanish ambassador at Paris, would be author
ized to continue the negotiation with him. Although there
was no reason to anticipate a favourable result from a
renewal of the negotiation, Mr. Jay was determined to
omit nothing that might render it useful to his country ; and
therefore he addressed a letter to the count, expressing his
readiness to commence the necessary conferences. A
meeting was appointed, and the count commenced tiie con
ference with the subject of the western boundary of the
United States, and proposed running for this purpose a
line on the east of the Mississippi. Mr. Jay, of course,
clairaed the river as the true boundary ; but as the count
had not yet given him a copy of his powers to treat with
hira, he refi-ained from entering into any discussions. The
count gave him a map, with the proposed boundary fine
meirked on it. This map 3Iv. J?y chowed to Count Ver
gennes, and the count's confidential secretary, who was
present and who cannot be supposed either ignorant of his
patron's views or desfrous to thwart them, presuraed to
assert tiiat the United States claimed an extent of bounda
ries to which they were not entitled. This zealous secre
tary' afterward addressed a letter to ]Mr. Jay, proposing
what he called a conciliatory line as the boimdary of the
United States. This concUiatory line would have deprived
them not only of aU the land north of the Ohio, but also
parts of the present States of Kentucky and Tennessee, and
VOL. I.  T

138 LIFE OP JOHN JAY,
nearly the- whole ofthe States of Alabaraa and Mississippi.
In this letter the secretary entered into a laboured argu
raent to prove that the United States did not extend to the
Mississippi ; and while he adraitted that Spain had no clairas
to the land north of the Ohio, he insisted that the territory
still belonged to Great Britain, and that its possession must
be determined by the treaty to be made. Mr. Jay returned
no answer to this letter, which he well understood to be a
contrivance on the part of the -French court to fix a boun-r
dary agreeable to Spain, without incurring the respon
sibility and odium of a direct interference. It was a prime
object with Spain to exclude the citizens of the United
States from the Mississippi, and of course frora the Gulf of
Mexicp. Hence it became important that the territories of
the United' States should be limited on the west by a line to
the eastward of that river. Mr. Jay had early discovered
the desigri of France to countenance the Spanish claims ;
and on several occasions he thought the French ambassador
at Madrid, Count Montmorin, less zealous in promoting his
negotiations than consisted with his professions.
The following extract of a letter, written at Madrid by
Montmorin to Vergennes, while it displays the views of
Spain, explains the anxiety of Vergennes relative to the
western boundary, as evinced by the interference of his
secretary. " The cabinet of Madrid," says the letter,
"thinks it its essential interest not "to open the Mississippi
to the Americans, and to give' them a disgust to settling on
that river, as they would soon engross the trade of New-
Orleans and Mexico, in spite of all the obstacles that might
oppose their progress, and would become the more dan
gerous neighbours to Spain ; as even in their present weak
state, they conceive vast projects for the conquest of the
western banks of the Mississippi." Montmorin added,
" that Spain was determined to make the Indians serve as
a barrier between their possessions and those of the Ameri
cans ; that she would find the means, if necessary, to

LIFE OP jpHN JAY. 139
obstruct their progress ; and that his most Christian majesty
could not afford his CathoUc majesty a greater proof of his
attachment than in employing his influence in the United
States, to divert their views from the navigation of the
Mississippi." Mr. Jay had, as is usual on such occasions, given to the
Count Aranda a copy of his commission ; and he declined
making any overtures, or entering into any discussions, till
the count had, according to established etiquette, corarau
nicated to hira his powers from the Spanish government.
This adherence to forms interfered with the wishes of the
French court. If Mr. Jay refused to treat, there could of
course be no cession of the Mississippi, or of the western
boundary : — if the count tendered to Mr. Jay a commission
authorizing him to treat with the minister of the United
States, this would of itself be an acknowledgment of their
independence ; and such an acknowledgment might render
thera less dependent upon France. In this dilemma, re
course was had to Mr. Rayneval, the convenient secretary
of Count Vergennes, by whom the minister could speak his
sentiments and wishes -without being responsible for them.
Mr. Rayneval addressed a note to Mr. Jay, urging him to
commence negotiations with Count Aranda, and assuring
him that he could not refuse doing so without giving per
sonal offence to the count. Mr. Jay did not condescend to
explain or vindicate his conduct to Count Vergennes's sec
retary ; and he left his note unanswered. The count now
resolved to make trial of his own influence directly exerted ;
and he had the indelicacy to seize an opportunity, when the
Spanish ambassador was present, to observe to Mr. Jay
that Count Aranda had already informed him that he was
empowered to treat with him, and surely he would believe
him. Mr. Jay replied, that he would of course in private
transactions repose every confidence in Count Aranda, but
that in affairs of state he must make a distinction ; and that
he could not consent to treat with any person or power on

140 LIFE OP JOHN JAY.
earth who did not first acknowledge the independence of
his country. Vergennes said the acknowledgment by
Spain raight be raade an article of treaty, and asked if he
expected the effect to precede the cause. He was. told
that the independence of the United States was the effect
of their contest with Great Britain. " But," said Vergennes,
" the ministers of America treated with France before their
independence was acknowledged." To this he was an
swered, that the two cases were different; that the
American ministers had treated with him (Vergennes)
because, being secretary for foreign affairs, he was ex-officio
entitled to treat with them ; but that Count Aranda, as
ambassador to the court of France, possessed no authority
to treat with an American minister ; and if he possessed
special authority, that authority ought as was customary-,
to be shown. The attempt to change Mr. Jay's resolution
was now abandoned as hopeless, and no further efforts were
made to renew the negotiation.
The Spanish ambassador, no doubt felt the propriety of
Mr. Jay's refusal to treat with liim ; and, instead of mani
festing any coolness towards hira, showed him much cor
diality. They became intimate, and conceived a mutual
esteem for each other. Count Aranda was one of the
richest subjects of Spain, and he hved at Paris in great
splendour. His assortment of wines was, perhaps, the
finest in Europe. Instead of purchasing as usual of the
dealers, he employed agents to explore the wine countries,
and to select the choicest kinds at the vineyards where
they were made. His plate, of which he had a profusion,
was kept constantly burnished by a silversmith raaintained
in the house for that purpose, so that it always appeared
new. Notwithstanding his fondness for display, Mr. Jay
thought hira the ablest Spaniard he had ever known. The
count spoke freely to hira on the subject of the Inquisition ;
and told hira that. he had once nearly succeeded in over
turning it. Well knowing that any dfrect attack. upon it

LIFE OF JOHN JAY. 141
Would be in vain, he availed hiraself of his intimacy with
the king to represent to his majesty how rauch it was to
be lainented, that so many calumnies sliould be spread
abroad against that important tribunal ; that it would add
greatly to its reputation, as well as the honour of the king
dora, if raeans could be devised to convince all mankind
that its proceeduigs were fair and equitable, and consonant
with the spirit of the religion it was established to defend :
that for this purpose, nothing more was necessary than to
direct it to proceed, like other courts, with open doors. If
this were done, every one would be able to judge for hira
self — the calumnies against it would perish of themselves,
and the Inquisition would enjoy the reputation and con
fidence it no doubt merited. The king \^as pleased with
the project, and seemed determined to adopt it ; " but his
confessor," said the count, " was too cunning : he became
acquainted with the plan, perceived its consequences, and
persuaded the king to reject it."
Count Aranda had the character of being extremely
inflexible, and the following anecdote was told of him. He
was one day disputing a point with the king with much
earnestness, when the latter, who was also remarkable for
a hard head, said to him, "Aranda, you are the most
obstinate raan of all Arragon." — "No, sire," replied the
count, " there is one stiU more obstinate than I am." — " And
who is that ?" said the king. " The King of Arragon,"
answered the count. The king laughed, and took no offence
at the freedom.
We have already seen with what reluctance Mr. Jay
accepted a commission to treat for peace under instruc
tions which, if obeyed, would compel him to sign any treaty
that the French ministry raight please to prepare for him.
The request he then made to be excused from serving, far
firom being the hasty ebullition of the moment, was his
earnest and deliberate -wish, resulting from a firm conviction
that it would not be m his power to secure the rights and

142 LIFE OF JOHN JAY.
interests of his country, by pursuing the path pointed out
to llim by Congress. Two days after his arrival at Paris,
he wrote to the secretary for foreign affairs, " Mr. Adams
cannot leave Amsterdam at present, and I hear that Mr.
Laurens thinks of returning soon to America ; so that I
apprehend Dr. Franklin and myself -will be left to manage
at least the skirmishing business, if I may so call it, of our
commission. You know what I think upon this subject
and I wish things were so circumstanced as to admit of my
being indulged."
It was not till the 25th of July that the British rainistry
took a decided step for commencing negotiations with the
American commissioners. On that day the king issued an
order to the attorney-general to prepare a commission to
Richard Oswald, empowering him " to treat, consult of,
and conclude with any commissioner or commissioners
named, or to be named by the thirteen colonies or planta
tions in North America, and any body or bodies, corporate
or politic, or any assembly or assemblies, or description of
raen, or any person or persons whatsoever, a peace or
truce with the said colonies or plantations, or any part
tiiereof" A copy of this order was sent to Mr. Oswald, then at
Paris ; he communicated it to the American commissioners,
and by them it was submitted to Count Vergeimes. The
count advised them to proceed, and treat with Mr. Oswald
as soon as the commission should arrive. Mr. Jay objected
that it would be descending from the ground of independ
ence to treat under the description of colonies. The count
advanced various arguments to obviate this objection ; and
Dr. Franklin declared that the commission " would do."
Mr. Jay now found himself placed in an embarrassing
situation ; a situation in which he was compelled, either to
enter upon the negotiation under circumstances derogatory
to his country, or else to assume alone the responsibility of
violating the express commands of Congress ; of refusing

UFE OF JOHN JAY. 143
to act -with a coUeague of the weight and influence of Dr.
Franklin, and perhaps of postponing for an indefinite period
the return of peace. He chose without hesitation the latter
alternative. Unaccustomed to govern his official conduct
by personal considerations, he resolved not to sacrifice to
them on the present occasion the honour, consistency, and
moral dignity of the United States, by an imphed admission
that they were colonies of Great Britain. Havuig laboured
in vain to convince Dr. Frankhn of the impropriety of
treating -with Mi: Oswdd under his present comraission, he
next endeavoured to render the British commissioner him
self instrumental in effecting an alteration-in the comrais
sion. He solemnly assm-ed Mr. Oswald he would have
no concern in any negotiation in which the United States
were not treated as an independent nation ; and he pointed
out to him tiie inconsistency between his commission and
the professions recently made by the British ministry, as
weU as the injurious consequences that would result from
weU-founded suspicions of the king's sincerity. At Mr.
Oswald's request, Mr. Jay gave him a draught of such a
commission as would be satisfactory, and a courier was
immediately despatched -with it to London. It was a
singular cfrcumstance, that one who had been lately re
garded as a rebel subject of the British monarch, should
now prepare a coraraission frora that monarch, by which
his late colonies were to be acknowledged fi-ee and in
dependent. Count Vergennes, who was ignorant of this
transaction, again urged Mr. Jay to proceed in the nego
tiation, -which he again refused to do. The next day
the count had a conference with j\Ir. Fitzherbert the British
minister at Paris, who dfrectly after the conference sent a
courier to his court. The British cabinet did not return an
answer to Mr. Oswald's despatch tUl after Mr. Fitzher-
bert's had been received. The answer announced the king's
intention to grant to America unconditional independence,
as an article of treaty. Mr. Jay remarked to Mr. Oswald

144 LIFE OP JOHN JAY^.
that he suspected Mr. Fitzherbert's courier had suggested
the idea of granting indepeudeiice by treaty ; on wliich tiie
latter acknowledged, tiiat Count Vergennes had told Mr.
Fitzherbert that the present commission was sufficient, and
that the British cabinet had been informed tiiat such was his
opinion. The policy of France m wishing to postpone tiie acknow
ledgment of American independence was obvious. The
sole object of the war on the part of Great Britain was to
reduce her late colonies to subjection ; but the moment slio
adraitted them to be independent, the object ofthe war was
abandoned; and tiie United States, having no longer any
thing to apprehend from her, would cease to look to France
for protection and counsel, and would refuse to relin
quish by treaty any of tiieir rights, which France might
find it convenient to barter with England for concessions to
herself. Mr. Jay, finding tiiat the French minister had not scru
pled to interfere to prevent the English cabinet frora grant
ing a proper commission to Mr. Oswald, thought himself
no longer restrained by delicacy towards France from taking
the course required by the occasion. He unreservedly
explained to Mr. Oswald tiie views and policy of tbe French
court, and showed liim that it ^ vas tiie interest of his gov
ernment to render tiie United States as independent of
France, as tiiey already were of Britain. He likewise
drafted a joint letter from Dr. Franklin and himself to Mr.
Oswald, declaring their firm and final determination not to
treat on any other footing than indcp<Midence. Dr. Frank
lin declined putting his name to this letter, and it was there
fore not signed by his colleague ; but the draught was
nevertheless given to Mr. Oswald, who sent it to his gov
ernment. On the 6th September, Mr. Jay received from Mr. Ray
neval the letter already mentioned on the subject of boun
daries. He regarded this letter as speaking the language

I
LIFE OP JOHN JAY. 145
of Vergennes, and he inferred frora it that it was the inten
tion of the French court, Istj to oppose at the peace the
extension of the United States to the Mississippi ; 2d, to
oppose their claira to the na-vigation of that river ; 3d,
probably to support the British clairas to the country above
the 31st degree of latitude, and certainly to all the country
north of the Ohio ; and 4th, that in case the United States
would not agree to divide with Spain in the raanner pro
posed, that then France would aid Spain in negotiating
with Britain for the territory she wanted, and would agree
that the residue should reraain to Britain.
"On the 9th, Mr. Jay ascertained that Rayneval, the
morning after writing this letter, had had a conference with
Vergennes and the Spanish ambassador, and imraediately
afterward had set out for England ; and that it was reported
he had " gone into th© country," and that several precautions
had been takep to keep his real destination a secret A
mission to England under such circumstances, and by an
envoy entertaining and expressing such sentiments rela
tive to American claims, naturally excited Mr. Jay's sus
picions. These suspicions were pa,infully strengthened by
a document of which he became possessed the foUovs^ing
day. This was a copy of a letter written in cipher, the
31st March, 1782, by M. Marbois, the French charge des
affaires at PhUadelphia, to Count Vergennes.* In this
letter Marbois informs the' minister, that in South Carolina
and several other States, the determination of Congress
which " leaves the king master of the terms of the treaty
of peace or truce," is known and generally approved ; but
that Mr. Samuel Adams is using his endeavours to raise in
Massachusetts a party opposed to peace, unless the eastern
States shaU be admitted to .the fisheries. He intimates that
it would be useless and dangerous to oppose this party in
the newspapers, but suggests the expediency of a commu
nication from the king to Congress, expressing- " his surprise
¦• iSee Letter in the Appendix.
VOL. I.  V

146 LIFE OP JOHN JAY.
that the Newfoundland fisheries have been included in the
new instructions ; tiiat tiie United States therein set fortii
pretensions, without any regard to the king's rights, and
without considering the impossibility they are under of
raaking conquests, and keeping what belongs to Great
Britain." He goes on to remark, that " it were even to be
wished that this declaration be made whUe New- York,
Charleston, and Penobscot are in tiie enemy's hands. Our
aUies wUl be less tractable than ever upon these points
whenever they recover these important posts."*
The new instructions alluded to in the' letter were
probably certain instructions then under consideration in
Congress, directing the coraraissioners in France to repre
sent to that court, that the United States claimed the right
of taking fish in the North American seas, and particularly
on the Banks of Newfoundland; but not within three
leagues of the shores held by Great Britain, or any otiier
nation. It was this just and natural right, of wliich M.
Mai-bois proposed the United States should be deprived by
the interference of her ally. This letter, in Mr. Jay's
opinion, disclosed the real wishes of the French court on
the subject of the fisheries, as Rayneval's had done in rela
tion to the boundaries ; for he was not disposed to believe
that either the charges des affaires or the secretai-y were
ignorant of the pohcy of their employers, and were uncon
sciously labouring to thwart it. Being thus possessed ofthe
views of France with regard to American claims, he pro
ceeded to trace their probable connexion with Rayneval's

* As doubts have sometimes been expressed of the authenticity of this
letter, or at least the faithfulness of the translation, it may not be unim
portant to state, that a gentleman employed in the foreign service of the
United States informed the author, that being in Paris some time after tho
fall of Bonaparte^ he became acqoiainted with M. Marbois, and conversed
with him on the subject of this very letter ; that he acknowledged it to be
his, and admitted that the translation, although not in all respects entirely
accurate, had yet done him no injustice.

LIPE OF JOHN JAY. 147
secret departure for England. He conjectured that the
objects of his mission were, — ¦
1. To let Lord Shelburne know, that the demands of
America tq be treated by Britain as independent, previously
to a treaty, were not approved or countenanced by France,
and that the offer of Britain to raake that acknowledgment
in an article of the proposed treaty was, in Count Ver
gennes's opinion, sufficient.
2. To sound Lord Shelburne on the subject of the fish
eries, and to discover, whether Britain would divide it with
France, to the exclusion of all others.
, 3. To impress Lord Shelburne -with the determination of
Spain, to possess the exclusive navigation of the Gulf of
Mexico, and of their desire to keep us from the Mississippi;
and also to hint the propriety of such a line as, on the one
hand, would satisfy Spain, and, on the other, leave to
Britain all the country north of the Ohio.
4. To make such other verbal overtures to Lord Shel
burne as it might not be advisable, to reduce to writing;
and to judge from the general tenor of his lordship's answers
and conversation, whether it was probable that a general
peace, on terras agreeable to France, could be effected, in
order that, if it could not, an immediate stop raight be put
to the negotiation.
Under these circurastances, he believed no time ought to
be lost in counter?icting the machinations of France ; and
he took a step no less remarkable for the boldness of its
conception than for the promptitude with which it was
executed. The day after he received Marbois's letter, he
despatched a secret agent to the British secretary of state,
concealing his mission, not only from the French govern
ment, but also from Dr. Franklin. This agent was Mr.
Vaughan, an English gentieraan then residing in Paris, and
well affected to the American cause. He was instructed
to represent to the British minister, that without an ac-.
knowledgraent of American independence as a preliminary
to a treaty, neither confidence nor peace could be reason-

148 LIFE OF JOHN JAY.
ably expected ; that as Britain could not conquer the United
States, it was her interest to conCUiate thera ; that England
should not be deceived by the affected moderation of France,
Since the United States would not treat except on an equal
footing: that it was the interest of France, but not of Eng
land, to postponfe the acknowledgment of independence to
a general peace ; that a hope of dividing the fisheries -with
France would be futUe, as America would not make peace
without them ; that the very attempt to deprive the United
States of the navigation of the Mississippi, or of that river
as a boundary, would irritate and inflame America ; and that
such attempts, if successful, would sow the seeds of future
war in the very treaty of peace.
Should it be thought that Mr. Jay attached more import
ance to Marbois's letter than was due to it, it should be
recollected that the writer, previously to his going to
America, had represented the French court at Munich as
charges des affaires, and that rainisters do not usually em
ploy, as political agents, persons whose want of capacity
renders them liable to mistake and to counteract the designs
of their employers. The strictly confidential style of the
letter marks the intimacy existing between the writer and
Count Vergennes ; while the subsequent elevation of the
former, first to the office of consul-general of the United
States, and afterward to the intendancy of St. Domingo,
shows that the zeal he had displayed against the claims of
Congress had not injured his interests at home.* In 1803,
this gentieraan was selected by Bonaparte to negotiate a
treaty -with the United States for the sale of Louisiana.

* Mr. Adams thus wrote to the secretary for foreign affairs, 10th July, 1783
(Am. Dip. Cor. vol. vii. p. 68). " M. Marbois's letter is to me full proof
(of the principles of the Count de Vergennes. Why 1 Because I know (for
it was personally communicated to me, upon my passage home, by M. Mar
bois himself) the intimacy and confidence there is between these two. And
I know, further, that letter contains sentiments concerning the fisheries
cliametrically opposite to those which Marbois repeatedly expressed to me

LIFE OF JOHN JAY. 149
He has since pubhshed a history of that country, in which
he incidentaUy aUudes to the pohcy pursued by France
towards her aUy during and soon after tbe revolution,
and, as one evidence of it, gives the following extract
from the instructions of Count Montmorin. the successor of
Vergennes, to the French envoy in the United States, \iz.,
•• It is not advisable fiir France to give to America aU the
stabibty of which she is susceptible. She -will acquire a
degree of power which she wUl be too weU disposed to abuse.''
^^^hat •• verbal overtures" were made by Mr. Rayneval
to the British ^Minister will probably never be kno-wn ; but
a note which he submitted to bim has lately been published.
It relates chiefly to points in dispute between Englemd,
France, and Spain. The only points bearing on the interests
ofthe United States are the foUowing:
'• As the independence of America is a thing agreed upon,
no remark needs be made on that subject.
" An arrangement for the fisheries of Ne-wfpundland.
This matter has been treated discursively -with Mr. Fitz
herbert If the ideas -which have been proposed to him are
judged impracticable, I am persuaded they wiUbe weighed
with equity at VersaUles.''
As Great Britain had offered to grant independence to
the United States by treaty, Mr. Raj-neval's waiver of
all remarks on the subject seems to intimate the acqui
escence of France in the offer.
The nature of the propositions made by France to Mr.
Fitzherbert. relative to the fisheries, can only be matter of
conjecture. The hint however, that if found impracticable

upon the pessase, viz., • That tbe Newfoundland fishe^ was otir right, and
we ought to maintain it.' From whence I conclude, M. Marbois's senti
ments have changed bv the instructions ofthe xrunister.
" -M. de Rayneval's correspondence, too, with Mr. Jay. M. de Rayneval
is a cluf aV burciiu. But we mast be very ignorant of all courts not to know,
that an Under-Secretary of state dares not cairr on such a correspondence
without the knowledge, consent, and orders of his principal."

150 LIFE OF JOHN JAY.
by Great Britain, they would, not be insisted on, renders it
not iraprobable that they conteraplated a division of the
fisheries between France- and England, to the exclusion of
the United States.
But,, whatever raay have been the objects of Mr. Ray
neval's raission, that of Mr. Vaughan was attended with
coraplete success. This gentieraan returned to Paris on
the 27th of September, accompanied by a courier bearing
for Mr. Oswald a commission authorizing him to treat with
the Commissioners op the United States of America.
The negotiation was now coraraenced, and in a few days
the two American commissioners agreed with Mr. Oswald
on certain preliminary articles, to he incorporated in the
treaty of peace as soon as England and France should be
ready to terminate the war ; the United States being
restrained by the treaty of alliance from making a separate
peace. These articles were drawn by Mr. Jay, and were,
in most respects, the same as those which were afterward
signed. The boundaries given to the United States were
more comprehensive than those finally obtained, and in
cluded nearly the whole of Upper Canada, with the entire
lakes Ontario, Erie, and Huron. The Mississippi and the
fisheries were araply secured.
These articles were forwarded to the English cabinet for
its consideration, and, in the raean tirae, carefuUy concealed
frora the French governraent. On the 23d of October, Mr.
Oswald was inforraed that the extent of the boundaries,
and the absence of any provision for the tories, induced the
ministry to hesitate in giving their sanction to the proposed
articles, and that Mr. Strackey would be sent to Paris to
confer on these topics. No objection was made to the
article securing to the United States their, right to the fish
eries, nor indeed to any other of the provisions except the
two raentioned.
An extract from Mr. Jay's private meraoranda wUl here
be interesting.
" 24th October. — Mr. Oswald told rae he had received a

LIFE OP JOHN JAY. 151
courier last night ; that our articles were under considera
tion ; and that Mr. Strackey, Mr. Townshend's secretary,
was on the way to confer with us about them : he further
said, he believed this court had foui>d means to put a spoke
in our wheel. He co.'.iulted me as to the possibility of
keeping Mr. Strackey's coming a secret. I told hira itwas
not possible, and that it would, be best to declare the truth
about it, viz. that he was coming with books and papers
relative to our boundaries.
" Dined with Dr. Franklin. I found Mr. Rayneval
there. Just after dinner, the. Dr. informed me, that Ray
neval had sent him word, that he would dine with hira to
day, and would be glad to s6e me there. I told the Dr.
what I had heard from Oswald about Strackey ; and
that I thought it best not to say more to Rayneval than
that we met with difficulties, and that Oswald expected to
receive instructions in a few days.
" We retired with Rayneval. He asked how matters
stood between us and Oswald. We told him that we could
not agree about all our boundaries. We raentioned the
one between us and Nova Scotia. He asked, what we
deraanded to the north. We answered, that Canada should
be reduced to the ancient bounds. He then contested our
right to those bach lands, &c. &c.
" He asked what we expected . as to the fisheries. We
said, the sarae right we had formerly enjoyed. He con
tested the propriety of that demand ; adding some strictures
071 the ambition and restless views of Mr. Adams, and inti
mated that we raight be contented with the coast fishery."
This coincidence between the language of the confiden
tial secretary of Count Vergennes and that of the French
charges des affaires at Philadelphia, in relation to the
fisheries and the conduct of Mr. Samuel Adaras, is of itself
a strong evidence of the real views of the French cabinet.
It is also remarkable that the French court (for we are
authorized to regard Rayneval as spealdng the senti
ments of his employers) was thus discountenancing the

152 LIFE OP JOHN JAY.
claims of its allies to the fisheries, after those clauns had
been admitted by Great Britain. This conversation
throws some light upon the objects of Mr. Rayneval's late
visit to England, and particularly upon the " ideas" respect
ing the fisheries, which, in his note to Lord Shelburne, he
told him had been proposed to Mr. Fitzherbert.
On the 26th of October, Mr. Adams arrived ; and " in
hira," said Mr. Jay to the secretary for foreign affairs, " I
have found a very able and agreeable coadjutor." When
we recollect the weight of responsibility which Mr. Jay
had recentiy assuraed, we raay teadUy conceive the grati
fication he raust have experienced on discovering in Mr.
Adams a colleague of kindred feelings with his own. In
his diary is the following entry: — "October 28th, Monday.
Mr. Adams was with me three hours this morning. I
mentioned to him the progress and present state of our
negotiation with Britain — ^my conjectures of the views of
France and Spain, and the part which it appeared to me
advisable for us to act. He concurred ivith me in sentiment
on all these points."
Mr. Adams took an early opportunity- to enlighten Dr.
Freinklin as to the real views of France. " I told hira,"
says he in his journal, " without reserve, ray opinion of the
poUcy of this court, and of the principles, policy, and firra-
ness with which Mr. Jay had conducted the negotiation in
his sickness and .my absence ; and that I was deterrained
to support Mr. Jay to the utmost of my power in the pur
suit of the same systena. The Dr. heard me patiently, but
said nothing. The first conference we had afterwards with
Mr. Oswald, in considering one point and another, Dr.
Franklin turned to Mr. Jay and said, ' I am of your
opinion, and wUl go on with these gentlemen without con
sulting this court' "* Thus was the opinion originally ex
pressed by Mr. Jay of the impolicy of the instructions of
Congress, araply confirmed by the fact that the three com-
-* American Diplomatic Correspondence, vol. vi.

LIFE OP JOHN JAY. 153
missioners, including Dr. Franklin himself, found them
selves corapelled to disobey those instructions, that they
might prevent a selfish ally from sacrificing the important
rights and interests of their country.
A few weeks sufficed for the completion of the negotia
tion, and on the 30th November the provisional articles
were signed by the American commissioners and Mr.
Oswald. These articles araounted merely to a contract
between Great Britain and the United States as to the terras
of the treaty of peace, when that treaty should be made.
Hence, although the war was nominally continued, there
was no object left for which it should be prosecuted. All
the claims of the United States were granted by these arti
cles, and France was now corapeUed to settle her own terras
with Britain, -without being able to avail herself, in the
negotiation, of her supposed influence over her ally.
Mr. Laurens, the fourth commissioner, reached Pars
only the day before the articles were signed, and had thus -
the gratification of adding his signature to them.*
It is due to Dr. Franklin to state, that he cordially united
with his colleagues in raaintaining the claims of Congress
respecting boundaries, the Mississippi, and the fisheries.
He never questioned either the justice or the importance of
these claims ; but he did question the propriety of making
the success of these clairas an ultimatum of peace, when
Congress had not made it so. He did not, at first, feel him
self at liberty to disregard the advice of the French rainister,
after being directed by Congress to follow it ; nor could he
persuade himSelf, that an ally who had expended so much
blood and treasure in effecting the independence of his
country, could view her future power and prosperity with
jealousy. Had the Doctor been the sole commissioner, it
is not probable that he would have penetrated the designs
* At Mr. Laurens's suggestion, a clause was added, restraining the British
from carrying awny negroes from the United States.
VOL. I.  X

154 LIFE OP JOHN Jay.
of the French court, nor that he would have assumed the
responsibUity of violating his instructions. Yielding to the
advice of Vergennes, he would have treated with Oswald
under his first commission, consenting that the acknowledg
ment of independence should forra an article of the treaty.
But for this article, the court of St. Jaraes, instructed by
that of Versailles, would have demanded certain concessions,
and Count Vergennes would have assured him that the
abandonment of the fisheries, the Mississippi and the terri
tory adjoining it, were matters of necessity, not of choice ;
that on these points Britain was inflexible, and that France
could not be expected to prolong the war solely to procure
for the United States objects to which their title was, at
least, questionable. Thus, urged on the one hand by France,
and fettered on the other by his instructions, Franklin would,
in all human probability, but with feelings of deep mortifi
cation and regret, have set his hand to a treaty sacrificing
•rights which he had hiraself ably and zealously maintained,
and which he knew to be of inestimable value to his country.
It is much to the credit of Dr. Franklin, that although he
differed in opinion from Mr. Jay, he did not counteract his
measures, but faithfully concealed the negotiation with
Oswald frora the French government; that he took no
offence at the mission of Mr. Vaughan, undertaken without
his knowledge ; and that he finally co-operated with Mr.
Jay, and ever after retained his friendship for him, and
named him one of the executors of his will. The difference
between these two patriots was not one of zeal and devo
tion in the service of their country, but solely a question of
duty under existing, and very peculiar circumstances.
That Dr. Franklin finaUy concurred with his colleagues
as to the real views of the French court is apparent from
the following passages in a letter from the commissioners
to the secretary of foreign affairs, — a letter bearing the
Doctor's signature. " We knew this court and Spain to he
against our claims to the western country. As we had reason

LIPE OP JOHN JAY. 155
to imagine that the articles respecting boundaries, the refu
gees, and fisheries did not correspond with the policy of this
court, we did not communicate the preliminaries to the
minister until after they were signed."*
But, while Dr. Franklin was compeUed by the evidence
of facts to admit that the policy of the French court
was adverse to the American claims, his charity imputed
that policy to other than unfriendly feelings towards its
confiding aUy.
After the articles were signed, and the clairas of the
United States thus pilaced beyond discussion, the event was
announced to the French rainister. The count, in the irri
tation of the moment, -wrote Dr. Franklin a reproachful
letter : —
" You have," said he, " concluded your preliminary
articles without any communication between us, although
the instructions from Congress prescribe that nothing shall
be done without the participation of the king. You are
about to hold out a certain hope of peace to America, with
out even informing yourself of the state of the negotiations
on our part. You are wise and discreet, sir ; you perfectly
understand what is due to propriety ; you have all your
life performed your duties- — I pray you to consider how
you propose to fulfil those which are due to the king. I
am not desirous of enlarging these reflections ; I commit
them to your integrity."
The day after it -was known that the articles had been
signed. Count Aranda met Mr. Jay, and tapping him on
the shoulder, said, very significantly, " Eh bien, mon amie,
vous avez tres bien fait."
A circumstance occurred during this negotiation that
strikingly evinced the anxiety of the French governraent
to become acquainted with its details, and the unjustifiable
means they used to obtain inforraation. Mr. Jay was one
* Am. Dip. Cor.

156 LIFE OP JOHN JAY.
evening in conference with Mr. Oswald, when the latter,
wishing to consult his instructions, unlocked his escritoir ;
when, to his astonishment and alarm, he discovered that the
paper was raissing. Mr. Jay srailed, and told hira to give
hiragelf no concern about the document, as he would cer
tainly find it in its place as soon as the minister had done
with it In a few days the prediction was verified. So
well apprized was Mr. Jay of the artifices of the agents
of the government, that whUe secrecy was important, he
made it a rule to carry his confidential papers about his
person. In Mr. Jay's diary are found two extraordinary anec
dotes, which, if true, convict the French government of a
degree of perfidy and baseness rarely paralleled in history.
"21st October, 1782. — Visited Mr. Oswald ; he told me
that a Mr. Pultney had within a few days arrived here to
place his daughter (a rich heiress) in a convent ; that Mr.
Pultney in confidence gave him the following anecdote, viz.
That in the latter part of last winter, or beginning of last
spring, there was an Englishman of distinction here who, in
conversation with a friend of Mr. Vergennes, expressed his
regret that the affairs of America could not be so arranged
as to lead to peace. The friend mentioned this to Ver
gennes, who agreed to admit the Englishman to an audience
on the subject. Accordingly, the Englishman and this friend
waited upon the rainister, who, in the conference, offered
to divide America with Britain, and in case the latter agreed
to the partition, that the force of France and Britain should
be used to reduce it to the obedience of the respective sove
reigns. On parting, the minister said that in case this offer
should not be accepted, he reserved to himself the right of
denying all that he had said about it ; that this offer was
refused, and that the friend in a letter to the Englishman
had. expressed his regret on the subject. Mr. Oswald told
me further, that Mr. Pultney assured him that he received
this information from the Englishman's own raouth, Mr,

LIPE OF JOHN JAY. 157
Oswald spoke handsoraely of Mr. Pultney's character. I
advised him to trace the raatter further, and if true, to get it
properly authenticated, which he promised to do."
It appears frora the date of this anecdote that it was told
to Mr. Jay after the preliminary articles had been agreed
on by the negotiators, but before they had received the
assent ofthe British cabinet It may therefore be supposed
that the object of the coraraunication was to prejudice the
American commissioner against the French court, and thus
to induce him more readily to yield to the objections which
England might possibly make to the articles. Such a sup
position wUl not apply to the following narrative, which
was not given tUl after the preliminary treaty was signed,
and all the great points in dispute finally settied.
"22d December, 1782. — Between 7 and 8 o'clock this
evening I visited Mr. Oswald. After some general con
versation he took occasion to say that Lord Mount Stuart,
the son of Lord Bute, had dined with him to-day ; and that
he had also seen his brother Col. Stuart, who had served
the whole war in America. He spoke of' the colonel's
aversion to the Araerican war, and the account he gave of
the want of discipline and the disorder which prevailed in
the British array there. He passed several encomiums on
the colonel's character ; sometimes of the father and then of
the sons', observing how unlike they were to what the
father was supposed to be ; though for his part, he believed
that mpre sins were laid on his back than he had ever com
raitted. He said that Lord Mount Stuart execrated the
American war, and had shown him to-day several letters
written by him at Turin (where he was ambassador) to
Lord HUsborough on that subject. Mr. Oswald asked rae
if I reraerabered what he had told rae of Mr. Pultney's
information about the propositions of Count Vergennes, to
divide America with Britain. I told him I did. ' Well,
says he, ' the same kind of proposition was made to Lord
Mount Stuart. His lordship brought with him here to

158 LIFE OP JOHN JAY.
dinner his letter-book, which he did not choose to lea-ve
with his charge d'affaires, and in which he showed me his
letters written vrith his own hand, (for he would not confide
it to his secretary) to Lord HUsborough ; and the first letter
was dated in the month of September, 1780 ; from which it
appears that a Mr. Mally, who had formerly traveUed -witii
Lord Mount Stuart, and is an honorary professor at Geneva,
and is employed to write the history of Hesse, &c., for which
he receives annuities ; a raan, in short, well known among
raen of letters, was eraployed by Mr. Neckar to raake'over-
tures to Lord Mount Stuart, about putting an end to the
war, by dividing Araerica between Britam and France, the
latter to have the eastern part.
Mr. Oswald also says that Lord Mount Stuart went to
Geneva on the occasion, where he conversed with Mr. Mally,-
and that his lordship read to him out of his letter-book French
letters from this Mr. Mally to his lordship on the subject after
his return to Turin: that this correspondence contains a very
curious and particular account of French intrigues, particu
larly that Neckar wished for peace, because his system could
only raise raoney enough to provide for old arrears and
for current expenses ; and were he obliged to sustain the
expense of the war, he must break in upon it, and perhaps
be disgraced ; it also mentioned the intrigues to get De
Sartine out of the marine department ; and Mr. Oswald
says that the overtures about America were conducted
with a variety of precautions for secrecy, and with a stipu
lation or condition that both parties, in case they did not
agree, should be at liberty to deny all tiiat passed. He
told rae that ray lord wrote strongly to Lord HUsborough
against the American war, and that the latter in answer
told him it was a subject out of his line, and with which it
was not proper for hira to interfere. Lord Mount Stuart
was offended with the minister for this, and he brought his
letter-book with him to Mr. Oswald to show him the full
state of the matter. Mr. Oswald said, that as he had told

LIFE OP JOHN JAY. 159
me the affair of Mr. Pultney, he could not forbear mention
ing this also, for it was a little strange that so extraordinary
a raatter should corae so cfrcumstantial and correspondent
frora such different and unconnected quarters. He desired
rae to consider this coraraunication as very confidential,
adding that he could say more, but that it would not be
proper for him at present to enter into a detaU of further
particulars." The high , respect entertained for Mr. Oswald by the
American coraraissioners precludes all suspicion that the
facts above related were fabricated by hira. How far he
was imposed upon by his informants, how far his informants
were theraselves deceived, and how far these relations are
correct or otherwise, are questions which probably will
never be fiiUy answered. It is not known what were Mr.
Jay's sentiments on the subject. He recorded at the time
the information he received, but without comment.
We have already mentioned Mr. Van Schaack as a firm
but conscientious adherent to the British cause. This gen
tleman had suffered many privations and inconveniences in
America, on account of his loyalty, certainly with the con
currence, if not in part through the agency of Mr. Jay.
He had at last obtained permission to leave his country,
and to settle in England. These circurastances had, for
several years, suspended all intercourse between hitn and
his forraer friend ; it was renewed by the following corres
pondence : " TO JOHN JAY.
"London, 11th August, 1783.
" (Rathbone-place) No. 20, Chariotte-street.
"Dear Sm,
" Though I have taken up ray pen to write to you, I own
I hardly know what to say ; erabarrassed as I ara by a
consideration of the strange predicaraent we stand in to
each other, compared with our connexion in earlier life.

160 LIFE OP JOHN JAY.
I vnite, therefore, vritiiout any precise object, trusting to
what chance (if any tiling it should) may produce from it.
One thing, however, I must premise, ^^'llich is, tiiat I have
no design of malting tiiis introductory to any improper
request. Pride, or whatever it may be called, will restrain
me from any application that might expose rae to the raor
tification of a refusal ; and I am not so weak as to attempt
to prevail in any matter inconsistent with your duty, and
in your sense of it. The impressions of my youtii are not
easily effaced ; and the new scenes I have passed through
have not altered my old notions of right and -wrong. Ccelum,
non animum. Whether whait has passed has altered your
opmion of me as a man, I own, is a question I could
wish to have resolved. The artificial relations, introduced
by a state of society, may vary or be dissolved by events
and external circmnstances ; but there are others which
nothing but deviation from moral rectitude can, I think,
annihilate. " I congratulate you on the increase of A'our family, and
sincerely wish you and Mrs. Jay every domestic happiness.
" I am, dear sir,
" Your most obedient servant
" Peter Van Schaack."
" to peter van schaack.
" Paris, 17th Sept., 1782.
" Dear Sir,
"Dr. Franklin sent me this morning your letter of 11th
August last : I thank you for it. Aptitude to cliange in any
thing never made a part of my disposition, and, I hope,
makes no part of my character. In the course of the
present troubles I have adhered to certain fixed principles,
and faithfully obeyed their dictates, witiiout regarding the
consequences of such conduct to my friends, my. family, or
myself; aU of whom, however dreadful the thought, I have

LIFE OP JOHN JAY. 161
ever been ready to sacrifice, if necessary, to the public
objects in contest
¦ " Believe me, my heart has nevertheless been, on more
than one occasion, afflicted by the execution of what I
thought, and stiU think, was my duty. I felt very sensibly
for you and for others ; but as society can regard only the
political propriety of raen's conduct, and not the raoral pro
priety of thefr motives to it I could only lament your
unavoidably becoming classed with raany whose morahty
was convenience, and whose politics changed with the
aspect of public affafrs.
" My regard for you, as a good old friend, continued not-
witl^tanding. God knows, that inchnation never had a
share in any proceedings of mine against you ; from such
' thorns no raan could expect to gather grapes ;' and the
only consolation that can grow in their unkindly shade is a
consciousness of doing one's duty, and the reflection that as,
on the one hand, I have uniformly preferred the public weal
to my friends and connexions ; so on the other, I have
never been urged by private nesentment to injure a single
individual. " Your judgment, and consequently your conscience, dif
fered from mine on a very iraportant question ; but though,
as an independent. Araerican, I considered all who were not
for us, and you among the rest, as agamst us; yet, be
assured, that John Jay did not cease to be a friend to Peter
Van Schaack.
" No one can serve two masters : either Britain was
right and America wrong; or America was right, and
Britain -wrong. They who thought Britain right were
bound to support her ; and America bad a just claira to the
ser-vices of those who approved her cause. Hence it
becarae our duty to take one side or the other ; and no
man is to be blamed for preferring the one which his reason
recornmended as. the ipost just and virtuous.
" Several of our countrymen indeed left, and took arms
vol; I.  Y

162 UPE OP JOHN JAY.
against us, not from any such principles, but from the most
dishonourable of human motives, Their conduct has been
of a piece witii thefr inducements, for tiiey have far out
stripped savages in perfidy and cruelty. . Against .these
men every American must set his face and steel his heart
There are others of them, though not many, who, I believe,
opposed us because they tiiought they could not conscien
tiously go vvith us. To such ofthese as have behaved -with
humanity, I wish every species of prosperity that may con
sist with the good of my country.
" You see how naturally I slide into the habit of -writing
as freely as / used to speak to you. Ah ! ray friend, if
ever I see New- York again, I expect to raeet with ' the
shade of raany a departed joy.' My heart bleeds to thinls
of it.
" How is yom- health ? Where and bow are your chil
dren ? Whenever, as a private friend, it may be in ray
power to do good to either, tell rae. While I haVe a loaf,
you and they raay freely partalie of it. Don't let tiiis idea
hurt you. If your circumstances are- easy, I rejoice ; if not,.
let me take off their rougher edges.
f Mrs. Jay is obliged by your remembrance, and presents
you her compliments. The health of us both is but deli
cate. Our littie girl has been very iU, but is now welL
My best wishes always attend yon, and be assured that^
notwithstanding any political changes,
" I remain, dear Peter,
" Your affectionate friend and servant,
"John Jay."
" to john jay.
" London, I5th Oct. 1788.
" Dear Sir,
" I will not atterapt to describe rhy feelings upon the
perusal of your very friendly letter. I consider it as a
perfect -picture, in which I can trace every -well known

LIPE OF JOHN JAY. 163
feature of your character. Your unreserved commemora
tion of our old friendship, and assurance of its continuance;
your kind inqu'ries into the situation of me and my chil
dren, and generous offers with respect to both them and
myself; arid your pathetic allusion to the melancholy scenes
you -wiU meet upon your return to New-York, melted ray
heart ;, and every idea of party distinction or political com
petition vanished in an instant !
" The line you have drawn between your political char
acter and your private friendships- is so strongly marked,
and will be so strictly attended to by me, that I hope our
correspondence wiU not end here. Be assured, that were
I arraigned at the bar, and you my judge, I should expect
to stand or fall only by the merits of my cause. -
" With respect to the great contest in which, unfortu
nately, I differed from others of my valuable friends as
well as yourself, I can say with the most sacred regard
to truth, Iwas actuated by no motive unfriendly to my
country, nor by any consideration of a personal or
private nature. Men's hearts are not always known, even
to themselves ; but, believe me that I spared no pains in ex
amining into all the secret recesses of mine. I can say,
too, that my wishes were to have gone with you. The
very appearance (and in my -view of things it was appear
ance only) of taking part against my country distressed
rae in the' extreme. Co aid it be for the sake of Great
Britain that I could wish to sacrifice the welfare of ray
native country? My attachment to her (great indeed it
was) was founded in the relation she stood in to America,
and the happiness which I conceived America derived from
it : nor did it appear to me, from any thing that had hap
pened, that the connexion was dissolved. Upon the whole,
as even in a doubtful case, I would rather be the patient
sufferer, than run the risk of being the active aggressor ;
and as I should rather be even a figure for the hand of
scorn to point its slow and moving finger at than to destroy
the peace of my own mind, I concluded, ratiier than to

164 LIFE OP JOHN JAY.
support a cause I could not approve, to bear every distress
that might result from the part I ' took ; and if America is
happier for the revolution, I declare solemnly that I shall
rejoice that the side I was on was the unsuccessful one.
You, my dear sir, will excuse my saying thus much on a
subject so interesting to all that is dear to me in life. My
heart warms wheiieyer our country (I must call it my
country) is the subject ; and in my separation from it, ' I
have dragged at ea ch remove a lengthening chain.'
" I am sorry that the health of you and Mrs. Jay should
be but indifferent ; and you have my most cordial wish that
you may both again enjoy this invaluable blessing. Per
haps it would sound equivocally were I to express a wish
that you would not attend so much to public business, but
remember what Horace says of a wise and good man :
' Ultra quam satis est, virtutem si petat ipsam.' Your horse,
I hope, is your only physician ; and as to an apothecary, I
hope you will not require even an ass. My health, which
you kindly inquire after, was never better, saving the com
plaint in my sight, which, however, gives me no pain.
The one eye is quite useless, and two years ago I got an
attack upon the other ; at ¦ that period, indeed, ray friend, I
wanted consolation ; but I bless God I found resources in
my mind which very soon prepared me with resignation for
the worst.
" As to my circumstances, my dear sir, they are quite
easy; rendered so by the provision my good father-in-law
made for my children : were they otherwise, I know no man
who could sooner induce me to invade my maxim against
incurring pecuniary obligations than yourself, for between the
professions and actions of ray friend John Jay, I never, yet
have known one instance of a variance. My spirits, too,
are good ; and I have a good -circle of acquaintances, not
only in town, but in the pleasant villages in its neighbour
hood, where I frequentiy walk ten or twelve miles before
dinner. Upon the whole, I believe few persons enjoy
more social and convivial hours than 1 do ; and though I do

LIFE OF JOHN JAY. 165
not SO often partake of the ' feast of reason, and the flow of
soul,' as I did at New-York, yet I ought rather to be thank
ful for njy situation than to repine at my share ofthe public
calamity, which has involved so raany faraUies in ruin.
" My children (I acknowledge it gratefully) have been
permitted to remain at Kinderhook; which, by-the-by, is
become the Athens of the county of Albany ; Harry is
represented to me as a lively boy, and has been exarained
and approved at Yale CoUege : I hope the poor fellow wiU
not be reproached with the malignity of his father ; on ray
part, I assure you I have often cautioned my friends to
take care not to let him imbibe any political prejudices on
account of any ill usage he might possibly suppose I had
received. I would not let him corae to England, because
I mean he should never leave America. If he has an
American education, with a good share of the weighty
bullion of American sense, I shall not regret his being un
acquainted with the refinements of the Old World. Can
you forgive me for dwelling so long on my private con
cerns ? Your kind inquiries convince me you can. What
a great theatre are you acting upon, and what a conspicu
ous part do you sustain ! What a fund of information
must you have collected ; and, conscious of the rectitude
of your measures, what raust be your feelings upon the
consuraraation ! I have always considered you as one of
the most formidable enemies of this' country, but since
what has happened, has happened, there is no man to whom
I more cordially wish the glory of the achieveraent.
" My respectful compliments to Mrs. Jay ; and
" Believe me, dear sir,
" Your affectionate friend, and sincere well wisheifi^
" Peter Van Schaack."
Mr. Van Schaack returned after the peace to New- York,
where he enjoyed the reputation of an eminent lawyer and
estimable citizen. The friendship which dictated the fore
going letters was interrupted only by death.

166 LIFE OP JOHN JAY.
"TO MRS. MARGARET LIVINGSTON.* " Paris, 26th AugusJ, 1783.
" Dear Madam, '
" Your favour of the 21st of AprU reached me the 18th
of July last, and is the only letter I have as yet been
honoured with frora you, the one you allude to having mis
carried; I regret its loss, for I am persuaded it was a
friendly one.
" The first and only intelligence I have received of my
father's, death is contained in your and Robert's letters.
That event was not unexpected, but ray 1 ng absence
greatly increased the bitterness of it. Frora the day I left
him, I never ceased to regret that it was not in my power
to soften his troubles by those soothing attentions and re
turns of gratitude which he had a right to expect, and
which always make the most pleasing impressions on those
by whom we have been the most highly obliged. ' His
affection for me was unbounded, and he knew how sensible
I was of it. He has had severe trials, but they are
over. I have lost in him an honest friend and a kind
father, who never denied me any thing, but from my
youth was even studious to anticipate my very wishes.
Thank God, there is another world in which wd may meet
and be happy. His being there is a new. motive to my fol
lowing his footsteps. I assure you, I know the value of
Christian resignation : it has been friendly to rae on several
occasions, which raay, perhaps, one day furnish us with
matter for conversation. I thank you mosf sincerely for
reminding me of the great business and purpose of ray life.
Such admonitions, so given, are never unseasonable, and
al-ways kind. I am persuaded that they who have no
regard for their own souls will ' seldom have rauch for the
happiness or interest of others ; and I have learned to ex
pect no sincere attachment from those whose principles of
* Mother ofthe Hon. Robert R. Livingston, secretary for foreign affairs.

LIFE OP JOHN JAY. 167
action are created by occasional convenience. These re
flections afford a test for professions, and that i test tells rae
to believe yours to be real, and to rely upon it accordingly.
The regard and good opinion of the good, yield rational
pleasure, and I value this ground of satisfaction too highly
to orait any opportunity of cultivating it.
"I rejoice in Robert's good health, and in that of his
daughter : I believe every syllable you say of her teraper
and disposition, for unless by supposing sorae perverse
cross, it would be difficult to account for her having a bad
one. I should be happy if this blessing were to be soon
foUowed by. that of a son equaUy promising ; forClaremont
has my best wishes that it raay adthinister affluence to a
long succession of wise and good possessors.
" You ask rae when we shall meet ? I wish it was in
my power to answer this question with certainty, but it is
not ; all I can say is, that one of ray first -wishes is to
return, and to spend ray days -with a brother and sister
whora I tenderly love, and whose afflictions I earnestly
desire to alleviate by every proof of fraternal affection.
It might, perhaps, be in my power to pass a more splendid
and easy life on this, than on that side of the water, where
the wrecks of the fortunes of the faraily afford no very flat
tering prospects. But as personal considerations ought to
have no influence, I adhere to my first determination, that
the term of my absence shall depend entirely on public
convenience ; which, in my opinion, wUl not detain me
longer than untU the conclusion of the treaties which are
to terminate the war.
" Mrs. Jay assures you of her affection and respect : be
pleased to present our compliments and best wishes to your
good famUy ; and believe me to be
" Dear madam,
" With sincere esteem and attachraent,
" Your most obedient and very humble servant,
" John Jay."

168 LIFE OF JOHN JAY.
Mr. Jay's health having suffered severely from the climate
of Spain, and also from long and close application to busi
ness, he was induced, at the commencement of this year, to
make an excursion into Normandy.
" TO MRS. JAY. "Rouen, 9th Jan., 1783.
" My dear Sally,
" It is pleasant to observe the goodness of Providence in
having made our duty and our happiness consist in the
same acts. My attentions to you are stimulated by both
these raotives, and receive an additional inducement frora
the reflection that they are never uninteresting.
" We arrived here last evening. The country between
this and Paris appears to be fertile and well cultivated, and
afforded us some agreeable views, notwithstanding the dull
drizzling weather which accoitapanied us almost the whole
of the way. Notwithstanding that unfavourable circum
stance, I find myself rather better than when I left you ;
for I have more appetite and less pain in the breast than
usual : as to sleep I still continue a stranger to it ; though
were it not necessary to health, I should not regret the
loss of it.
" As my principal object in this excursion is exercise, we
shall set out.for Havre on Saturday morning, where I shall
stay only a day or two, and then return here. I am told
there wiU probably be rauch commerce between that port
and America. For that- reason, I -wish to take this oppor
tunity of acquiring some further information respecting it
than I now have. In case I should be soon wanted (which
I don't think very probable), let me instantly know it. A
letter under cover to Mr. Holker, at this place, wiU be care
fully delivered. Remember m^to our friends ; kiss our
dear littie girl for me, and believe me to be,
" Your affectionate
"John Jay."

LIFE OF JOHN JAY. 169
"to MRS. JAY. " Rouen, 18th Jan., 1783.
" My dear Sally,
" A Uttle letter I wrote you this morning contained a
promise of another by to-morrow's post, and to perform it
I am now retired to my room. I fear your expectations
respecting the speedy recovery of my health are too san
guine. As I lost it by alraost imperceptible degrees, the
restoration of it wUl doubtless be gradual, and I shall think
myself happy ifi regain it on these terms. If my endeav
ours succeed, I shall be grateful ; if not, I shall be resigned.
I hope you wUl always consider these matters in their true
points of view, and not perrait vain hopes or causeless fears
to distress either you or rae. The raore easy and happy
you are, the more I shall be so also, and consequently the
better prospects we shall both have of future health. I am
better than when I left you, though not much. The
weather has been and still is very unfavourable, but it must
change soon, and, thank God, it cannot change for the
worse. " If the letter from the marquis came by the post, that is,
if there are post-marks on the cover, send it to me ; if not,
keep it tUl I return ; and observe the same rule as to all
other letters you may receive for me.
" This town is daily amused with contradictory reports
respecting peace ; they are anxious about it, and with rea
son, for the uncertainty of its taking place holds comraerce
suspended, and injures the raercantUe interest greatly. I
ara pleased with this city and the people of it ; they are
industrious and hospitable. Their manufactures are very
considerable, and very proper for our country, with wljiom
they wUl certainly have a great trade, unless it be fettered
and embarrassed with superfluous regulations and iU-judged
restrictions. I suspect the trade of this country stands in
V^L. I.  Z

170 LIFE OF JOHN JAY.
need of revision very generaUy. Kiss our httie gfrl for
me, and beUeve me to be, my dear SaUy,
" Your very affectionate husband, "John Jay."
On the 20th January the negotiations for peace between
the belfigerent powers had so far advanced as to lead thefr
several ministers to agree to a suspension of hostUities.
The American commissioners, having already secured
by the preliminary articles the great object for which thefr
country had contended, were now desfrous of placing the
fiiture coramercial intercourse between the United States
and Great Britain on a safe and permanent footing, by the
definitive treaty about to be made.
The negotiations on this subject were, however, extremely
dUatory, and were ultimately rendered fruitiess by the fluc
tuating counsels of the British cabinet Mr. Oswald was
recaUed soon after the prehminaiy articles were signed, and
it was not tiU the ensuing spring that Mr. David Hartiy
was appouited to succeed him. This interval afforded Mr.
Jay a relaxation from pubhc affafrs, to which he had long
been a stranger, but which his declining health prevented
him from enjoying. "from THOMAS JEFFERSON.
" Philadelphia, April Ilth, 1783. i
" Dear Sir,
" In a letter which I did myself the honour of writing you
by the Chevalier De ChasteUux, I inforraed you of ray being
at this place with an intention of joining you in PeutIs ; but
the uncomraon vigUance of the enemy's cruisers, imme
diately after the departure of the French fleet deterred
every vessel from attempting to go out. The arrival of
the preliminaries soon after showed the impropriety of my
proceeding, and I ara just now setting out on my return to
Virginia. I cannot, however, take my departure without

LIFE OP JOHN JAY. 171
paying to yourself and your worthy colleagues ray horaage
for the good work you have completed for us, and con
gratulating you on the singular happiness of having borne
so distinguished a part both in the earliest and latest trans
actions of this revolution. The terms obtained for us are
indeed great, and are so deeraed by your countryraen, a feW
Ul-designing debtors excepted. I am in hopes you wUl con
tinue at sorae one of the European courts raost agreeable
to yourself, that we raay still have the benefits of your
talents. Accept ray warmest wishes for your happiness,
and be assured of the sincerity with which I have the
honour to be, " Dear sir,
" Your most obedient and hurable servant,
" Th. Jefferson."
The hope expressed in this lettet^ that Mr. Jay would
continue at one of the European courts, was likewise enter
tained by Congress, who on the 1st May appointed him, in
conjmiction with Mr. Adams and Dr. Franklin, a com
missioner to negotiate a treaty of comraerce with Great
Britain. He had, however, already formed the determination to
return as soon as duty would permit to his native country.
The court of Spain, probably regretting the opportunity
she had lost of forming a connexion with the new States
before the acknowledgment of their independence, was now
desirous to repair the error she had committed, and accord
ingly invited Mr. Jay to Madrid, to renew his negotiations.
This invitation he did not feel himself at liberty to decline,
and on the 22d April he thus expressed his intentions to the
secretary of foreign affairs.
" After the definitive treaties are finished, I hope I shall
be excused in trying the waters of Spa or Bath (which are
recoraraended to me), before I proceed to Spain. What
ever may be their effect, I shall not loiter at either place.

172 LIFE OP JOHN JAY.
After ray business at Madrid shall be finished, I wish to
devote ray care to the recovery of my health, and the con
cerns of my family, which must greatiy interfere with the
duties of my commission. Besides, as my country has
obtained her object, my motives for entering into pubhc
life are at an end. The same principles which drew me
frora the private station I forraeriy occupied, bid rae to
return to it. Actions are the only sure proofs of profes
sions, and if I live, raine shall not want that evidence."
It having been ruraoured, that he was to be appointed
after the peace., rainister to England, he addressed the
secretary for foreign affairs on the subject. " It cannot, in
ray opinion, be long before Congress wUl think it expedient
to narae a rainister to the court of London. Perhaps ray
friends raay wish to add me to the number of candidates
for that office. If that should be the case, I request the
favour of you to declare in the most explicit terms, that I
view the expectations of Mr. Adams on that head as
founded in equity and reason. He deserves well of his
country, and is very able to serve her. I do in the most
unequivocal manner decline and refuse to be a competitor
with that faithful servant of the pubhc, for the place in
question." The delicate state of his health induced hira to abandon
his design of returning to Spain, and especially as he fore
saw that the delays attending the negotiation of the defini-
tive treaty would necessarUy detain him in France till the
ensuing year. In a letter to the secretary for foreign affairs,
after stating these considerations, he remarked, " As you
know upon what principles I have devoted myself to the
public for these nine years, and as those motives would be
come questionable, if after the war I did not return to a
private station, I hope the propriety of my resolution to
resign will appear raanifest, especiaUy when to these con
siderations are added the circurastances of certain indi
viduals of my feraUy, whose afflictions, and whose relation

LIFE OF JOHN JAY. 173
to me, give them the strongest claims to ray love and
attention.* " Be pleased, sir, to present to Congress ray warraest
acknowledgraents for the raarks of confidence with which
they have honoured me, and assure them, that by becoming
a private citizen, I raean not to retreat frora any duties
which an American owes to his country."
Paris had now becorae the scene of extensive and ira
portant negotiations, which were soon to result in the paci
fication of both Europe emd Araerica. The rainisters of
Great Britain, France, Spain, HoUand, and the United
States of Araerica were asserabled, and were engaged in
adjusting the terras of the several freaties of peace. The
preliminaries between all the powers except Great Britain
and HoUand were settied before the close of the summer ;
and there is no smaU reason for beheving, that the stern
conditions exacted by Britain frora Holland were counte
nanced by an ally in whom the Dutch had reposed un
merited confidence. HoUand was represented in the con
gress at Paris by two mmisters ; Mr. Jay obtained a copy
of thefr insfructions, and left it araong his papers. From
this document it appears that the Duke de Vauguyon
French arabassador at the Hague, had there performed a
p£Lrt simUar to that acted by Count Luzerne at PhUadel
phia ; and that through his representations the Dutch minis
ters were requfred to act in concert -with the French couit,
and " to make confidential communications of all things to
them." These instructions were certainly less humihating than
those obtained by Count Luzerne for the American cora
raissioners, but they were attended with raore disasfrous
consequences. Mr. Adaras, in a letter to his govemment of the 16th
June, speaking of the difficulties experienced by the Dutch,
* His blind brother and sister.

174 LIFE OF JOHN JAY.
remarked : " And this difficulty probably arises from tiie
instructions m question, by which they made tiiemselves of
no importance, instead of acting the part of a sovereign,
independent, and respectable power. If they had held their
own negotiations in thefr own hands, they would probably
have obtained better terms."
The suspicions entertained by Mr. Adams m June were
singularly confirmed in August. One of the Dutch ministers^
then conversing -with him on the conduct of Vergennes,
observed, "He certainly deceived me. The States General
did very -wrong to bind me to leave so much to the French
rainister ; but I thought him an honest man, and that I could
trust him, so I left things to him according to my insfructions,
depending on his word, and at last I found myself the dupe."*
" TO ROBERT R. LIVINGSTON.
" [Private.] " Passy, 19th July, 1783.
" Dear Robert,
*' Our despatches by Barney must be ready the day after
to-morrow. The many letters I have written and have
still to write by him, together with conferences, company,
&c. keep rae fully employed. You will, therefore, excuse
ray not descending so much to particulars as both of us
indeed might wish. As httle that passes in Congress is kept
entirely secret, we think it prudent at least to postpone giv
ing you a more minute detail than you have already received,
of the reasons which induced us to sign the provisional
articles without previously comraunicating thera to the
French minister. For your private satisfaction, however,
I will make a few remarks on that subject.
" Your doubts respecting the propriety of our conduct in
that instance appear to have arisen frora the following cir
curastances, viz.
" 1st. That we entertained and were influenced by dis-
* Letter of Mr. Adams to Sec. for Foreign Affairs. — Dip. Cor. vii. 150.

LIFE OP JOHN JAY. 175
trusts and suspicions which do not seem to you to have
been altogether well founded.
" 2d. That we signed the articles without previously com
municating them to this court.
" With respect to the first. In our negotiation with the
British commissioner, it was essential to insist on, and, if
possible, obtain his consent to four iraportant concessions.
" 1st. That Britain should treat with us as being what we
were, viz., an independent people. The French rainister
thought this demand premature, and that it ought to arise
frora, and not precede, the treaty.
" 2d. That Britain should agree to the extent of boundary
we clairaed. The French rainister thought our deraands
on that head extravagant in theraselves, and as raiUtating
against certain views of Spain which he was disposed to
favour. " 3d. That Britain should admit our right in common to
the fishery. The French minister thought this demand too
extensive. " 4th. That Britain should not insist on our reinstating
the tories. The French rainister argued that they ought to
be reinstated.
" Was it unnatural for us to conclude from these facts,
that the French rainister was opposed to our succeeding on
these four great points, in the extent we wished ? It ap
peared evident, that his plan of a treaty for America was
far from being such as America would have preferred ;
and as we disapproved of his model, we thought it impru
dent to give him an opportunity of moulding our treaty by
it. Whether the minister was influenced by what he reaUy
thought best for us, or by what he really thought would be
best for France, is a question which, however easy or diffi
cult to decide, is not very important to the point under
consideration. Whatever his raotives raay have been, cer
tain it is that they were such as opposed our systera ; and
ag in private life it is deemed imprudent to admit opponents

176 LIFE OF JOHN JAY.
to full confidence, especially respecting the very matters in
competition, so in public affairs the like caution seems
equally proper.
" Secondly. But admitting the force, of this reasoning,
why, when the articles were completed, did we not corarauni-
cate thera to the French rainister before we proceeded to
sign them ? For the following reasons :
" The expectations excited inEngland by Lord Shelburne's
friends, that he would put a speedy period to the war, made
it necessary for hira either to realize those expectations or
prepare to quit his place. The Parliaraent being to raeet
before his negotiations with us were concluded, he found it
expedient to adjourn it for a short terra, in hopes of then
meeting it with all the advantages that might be expected
frora a favourable issue of the negotiation. Hence it was
his interest to draw it to a close before that adjournraent
should expire ; and to obtain that end, both he and his cora-
raissioner became less tenacious on certain points than they
would otherwise have been. Nay, we have, and then had,
good reason to believe, that the latitude allowed by the
British cabinet for the exercise of discretion was exceeded
on that occasion.
"il must now remind you that the King of Great Britain
had pledged himself, in Mr. Oswald's comraission, to con
firra and ratifjr, not what Mr. Oswald should verbally agree
to, but what he should formally sign his name and affix his
seal to.
"Had we coraraunicated the articles, when ready for
signing, to the French rainister, he doubtless would have
complimented us on the terms of them ; but, at the same
time, he would have insisted on our postponing the signa
ture until the articles then preparing between France, Spain,
and Britain should also be ready for signing — he havmg
often intimated to us, that we should aU sign at the same
time and place.
" This would have exposed us to a disagreeable dilemraa.

LIFE OP JOHN JAY. 177
Had we agreed to postpone signing the articles, the British
cabinet might, and probably would, have taken advantage
of it. They might, if better prospects had offered, have
insisted that the articles were still res infectce — that Mr.
Oswald had exceeded the limits of his instructions — and,
for both these reasons, that they conceived themselves still at
liberty to depart from his opinions, and to forbid his exe
cuting, as their comraissioner, a set of articles which they
could not approve of.
" It is true that this raight not have happened, but it is
equaUy true that it raight ; and therefore it was a risk of
too great importance to be run. The whole business would,
in that case, have been set afloat again ; and the minister
of France would have had an opportunity, at least, of ap
proving the objections of the British court, and of advising
us to recede from demands which in his opinion were im
moderate, and too inconsistent with the claims of Spain
to.meet with his concurrence.
" If, on the other hand, we had, contrary to his advice
and request, refused to postpone the signing, it is natural to
suppose that such refusal would have given more offence to
the French minister than our doing it without consulting
hira at all about the raatter.
" Our withholding from him the knowledge ofthese articles
untU after they were signed was no violation of our treaty
with France, and, therefore she has no room for complaint,
on that principle, against the United States.
"Congress had indeed made and published a resolution,
not to make peace but in confidence and concurrence with
France. " So far as this resolution declares against a separate
peace, it has been incontestably observed ; and, admitting
that the words " in confidence and in concurrence with
France" mean that we should raention to the French min
ister and consult with him about every step of our proceed
ings, yet it is most certain that it was founded on a mutual
VOL. I.  A A

178 LIFE OF JOHN JAY.
understanding that France would patronise our- demands^
and assist us in obtaining the objects of them. France,
therefore, by discouraging our claims, ceased to be entitled
to the degree of confidence respecting them which was spe
cified in the resolution.
" It may be said, that France must admit the reasonable
ness of our claims, before we could properly expect that she
should promote them. She knew what were our clairas
before the negotiation commenced, though she could only
conjecture what reception they would meet with frora
Britain. If she thought our claims extravagant, she may be
excusable for not countenancing them in their full extent ;
but then we ought also to be excused for not giving her the
fuU confidence on those subjects, which was proraised on
the implied condition of her supporting thera.
"But Congress positively instructed us to do nothing
^ without the advice and consent of the French rainister, and
we have departed from that line of conduct. This is also
true ; but then I apprehend that Congress raarked out that
line of conduct for their own sake, and not for the sake of
France. The object of that instruction was the supposed
interest of America, and not of France ; and we were
directed to ask the advice of the French minister, because
it was thought advantageous to our country that we should
receive, and be governed by it. Congress only, therefore,
have a right to complain of our departure from the line of
that instruction.
" If it be urged that confidence ought to subsist between
allies, I have only to remark that, as the French minister
did not consult us about his articles, nor make us any com
munication about them, our giving him as little trouble
about ours did not violate any principle of reciprocity.
"Our joint letter to you by Captain Barney contains an
explanation of our conduct respecting the separate article.
"I proceed now to your obliging letter of the 1st May,
for whidi I sincerely thank you.

LIPE OP JOHN JAY. 179
*' This will probably find you at Claremont I consider
your resignation as more reconcilable to your plan and
views of happiness, than to the pubhc good. The war may
be ended, but other difficulties of a serious nature remain,
and require all the address and wisdom of our best men to
manage. " As Benson informed you that my family had no present
occasion for supplies from me, I am more easy on that head
than I have been. I have some fear, however, that they
may rather have been influenced to decline my offers by
delicacy with respect to me, than by the ease of their cir
curastances. I wish you would take an opportunity of
talking freely with my brother Peter on this subject. As
sure him that it would distress me greatly were he, or
indeed any of the family, to experience embarrassments in
ray power to obviate. He may shn.re with me to the last shil
ling ; and so raay Nancy, about whom, untU within a day
or two, I had been very uneasy. Tell them and Frederick
that I mean, if God pleases^ to return next spring ; and thkt
one ofthe greatest blessings of my life will be, that of ren
dering it subservient to their ease and welfare. I write to
Frederick by this opportunity, and authorize him to draw
upon me for £l50, York money, to be divided between the
three. If, on conversing with Peter, you should find it to be
more convenient to him, be pleased to supply it, and draw
upon me for the amount at thirty days' sight.
" I have lately heard of Mr. Kissam's death. It affected
me much. He was a virtuous and agreeable man, and I
owed him many obligations.
" Thinking of Mr. Kissam's family calls to my mind the
fate of the tories. As far as I can learn, the general opinion
in Europe is, that they have reason to complain, and that
our country ought to manifest magnanimity -v^^ith respect to
thera. Europe neither knows nor can be made to believe
what inhuman, barbarous wretches the greater part of them
have been, and therefore is disposed to pity them more than

180 LIFE OP JOHN JAY.
they deserve. I hope, for my part, that the States wiU
adopt some principle of deciding on their cases, and th^t it
wiU be such a one as, by being perfectly consistent with
justice and humanity, may meet with the approbation, not
only of dispassionate nations at present, but also of dispas
sionate posterity hereafter. My opinion would be, to par
don all except the faithless and the cruel, and publicly to
declare that by this rule they should be judged and treated.
Indiscriminate severity would be wrong as well as unbe
coming ; nor ought any man to be marked out for ven
geance merely because, as King James said, he would make
a honnie traitor. In short, I think the faithless and cruel
should be banished for ever, and their estates confiscated ;
it is just and reasonable. As to the residue, who have
either upon principle openly and fairly opposed us, or who,
frora timidity, have fled from the storm and remained inoffen
sive, let us not punish the first for behaving like men, nor
be extremely severe to the latter because nature had made
them like women.
" I send you a box of plaster copies of medals. If Mrs.
Livingston will permit you to keep so many mistresses,
reserve the ladies for yourself, and give the philosophers
and poets to Edward.
" Now for our girls ; I congratulate you on the health
of the first, the birth of the second, and the promising ap
pearance of both. I will cheerfully be godfather to the
latter : what is her name 1
" Our little one is doing well. If people in heaven see
what is going pn here below, my ancestors must derive
much pleasure from comparing the circumstances attending
the expulsion of some of them from this country, with those
under which my famUy has been increased in it.
" Since my removal to this place, where the air is re
markably good, the pain in ray breast has abated, and I
have now no fever. Mrs. Jay is tolerably well. Assure

LIPE OF JOHN JAY. 181
Mrs. Livingston and our other friends with you of our
regard. " I am, your affectionate friend,
"John Jay."
In the month of August, the negotiations between Mr.
Hartley and the American commissioners terrainated in
an agreement to adopt the preliminary articles for the
definitive treaty of peace. France and Spain had, by this
time, both settled their respective terms of peace, and the
3d of September was appointed for signing the several
treaties. On that day Mr. Jay had the gratification, in
conjunction with his colleagues, of putting his name to an
instrument that successfully closed the arduous contest,
in which he had embarked at the first summons of his
country, and in which he had zealously persevered at
every hazard.
As the pubhc concerns no longer required his presence
in France, he resolved to try the efficacy of the Bath waters
in restoring his health. Leaving his family in France, he
repaired early in October to London, where he was almost
immediately taken seriously UI. After a month's detention,
he was able to proceed to Bath, and had the happiness to
experience very essential benefit from the waters. In the
ensuing January he returned to Paris with a large accession
of health. A letter written whUe at Bath to his friend Mr.
Benson in America, discloses an amiable trait in his
character. " If my old mare is alive, I must beg of you
and my brother to take very good care of her. I mean that
she should be well fed and live idle, unless my brother Peter
should choose to use her. If it should be necessary to
advance money to recover her, I am content you should do
so, even to the amount of double her Value. Draw upon
me for what may be necessary for this purpose." This
mare had been given to him by his father, and had been

182 LlPE OP JOHN JAY.
carried off by a party of marauders who, in the then
unsettled state of the country, had plundered his father's
family. 1784. J From Mr. Jay's return froni England, to his
departure in the spring for America, his time was but little
occupied by public affairs, and this Circurastance, together
with his improved health, and the honourable result of the
important negotiation in which he had been engaged, tended
to render the remaining months of his residence in France
peculiarly agreeable. He had now leisure to enjoy the
polished and elevated society in which he moved ; and for
the first time for many years, he found himself relieved frora
anxiety and responsibility. But his present situation,
however gratifying, could not divert his thoughts and
wishes frora his native country. His letters bear witness
to his strong desire to return home without delay, and
to his mortification at being obliged to postpone his de
parture. Congress had appointed an accomptant in Europe (Mr.
Barclay) to audit and settle the accounts of their rainisters
abroad. Mr. Jay had been engaged in large pecuniary
transactions for the public ; and no considerations could
induce hira by an immediate return to America to furnish
grounds for a suspicion, that he wished to evade or post
pone a settiement of his accounts. His secretary Mr. Car
michael had been left in Spain as charge des affaires, and
that gentleman had in his possession all the vouchers
respecting the public receipts and expenditures. It was
necessary that these vouchers should be brought to Paris
before a settlement could be effected with Mr. Barclay.
But Mr. Carmichael, although earnestly urged by Mr. Jay,
refused to leave Spain unless ordered to do so by Congress.
Mr. Jay now found himself under the raortifying necessity
of writing to Congress for an order requiring Mr. Car-
michael's attendance at Paris, and of delaying lis return
to America tUl that order had been received and obeyed.

LIPE OP JOHN JAY. 183
The order was granted, and Mr. Carmichael attended ; but
in consequence of this delay, it was not till the month of
May tiiat he found himself in a capacity to leave Europe
with propriety. Having settied all his accounts with Mr.
Barclay, he departed from Paris with his famUy on the 16th
May for Dover, where he embarked on board an Araerican
vessel for New- York.

CHAPTER VII.
1784-88.
Mr. Jay lands in New- York — Presented with the Freedom of the City — Ap
pointed Delegate to Congress — Accepts the OflBce of Secretary for Foreign
Affairs — Notice ofthe first Voyage made by an American Vessel to China
— He declines being a Candidate for Governor — Spanish Negotiation re
sumed in New-York — He proposes to Congress a Naval Establishment — ¦
His Controversy with Littlepage — Elected President of Manumission
Society — His Sentiments and Conduct respecting Slavery — DifEculties
attending the Spanish Negotiation — Mr. Jay's Report on the Infractions
ofthe Treaty of Peace — His Sentiments on the Insufficiency of the Con
federation — Letters on the Subject — Attends General ('onvention of the
Episcopal Church — Measures leading to the Formation ofthe presentFede-
ral Government— Mr. Jay engages in writing the Federalist — Wounded
in endeavouring to suppress a Mob — Writes an Address in behalf of the
new Constitution — Elected to the New-York Convention — Proceedings of
the Convention.
Mr. Jay landed at New-York on the 24th July. When
we recollect the objects which called him abroad, the various
and trying scenes through which he had passed, and the
circurastances under which he now returned to his country,
we can readily sympathize in the warmth with which he
announced his arrival in a letter to a friend. " At length,
my good friend, I am arrived at the land of my nativity ;

184 LIFE OP JOHN JAY.
and I bless God that it is also the land of light, liberty, and
plenty. My emotions cannot be described."
The feelings with which he was greeted by his fellow-
citizens may be inferred from an address presented to him
by the corporation of the city of New- York, accompanied
by the freedom of the city in a gold box.
" To the honourable John Jay, Esquire, late one of the
ministers plenipotentiary ofthe United States of America
for negotiating a peace.
" Sir,
" Be pleased to accept the congratulations of the Mayor,
Aldermen, and Comraonalty of the city of New- York, on
your safe return to the place of your nativity.
" The revolution, which hath secured our liberties and
independence, will not be raore celebrated for the illustrious
events which have marked its progress, than for the roll of
statesmen and heroes by whose wisdom and valour, under
the Divine favour, it hath been established on the most
solid basis.
Among these worthy patriots you, sir, are highly distin-
tinguished. In our own convention, in our first seat of jus
tice, as a meraber and as president of the United States in
Congress assembled, and as a minister plenipotentiary both
in Spain and France, — you have executed the important
trusts committed to you with wisdom, firmness, and integ
rity, and have acquired universal applause.
"While you thus possess the national confidence and
esteem for a series of eminent services, we, your fellow-
citizens, feel a singular pleasure in embracing this oppor
tunity to present you with the freedom of your native city,
as a public testiraony of the respectful sentiraents we enter
tain towards you, and as a pledge of our affection, and of
our sincere wishes for your happiness."

LIFE OP JOHN JAY. 185

" FROM R. R. LIVINGSTON. " Claremont, 30th July, 1784.
" Permit me, my dear friend, to congratulate you on your
return to your native shore, and to the friendly erabraces of
those who love you in every situation in which you have
been or can be placed, My impatience to see you led me
to New- York about three -weeks since, where, from the time
you had set for sailing, I thought it probable that you raust
have arrived before this. An unfortunate accident which has
happened to ray eldest daughter, who a few days ago broke
her arm, obliges me to send ydu these cold expressions of
my friendship, rather than coraply with ray wishes in offer
ing them and receiving yours, in person. Having, as I hope,
concluded my political career, I have no other wish left but
that of spending the remainder of my life with those who
have contributed so much to the happiness of its gayest
period. , Whether you entertain the same moderate wishes,
whether you content yourself with the politics of this State,
or whether you will engage in the great field that Congress
have again opened to you, I shall stUl have the consolation
to reflect that seas do not roU between us, that I may some
times see ybu, and frequently hear from you. If you are
not cured of your arabition, you have every thing to hope
for both in the State and Continental hne. I need not tell
you, that I only wish to know your objects that I may con
cur in them. " Believe rae, dear John,
" Most sincerely and warmly your friend,
" R. R. Livingston."
" TO R. R. LIVINGSTON. « New- York, 18th Aug., 1784.
" Your kind letter of the 30th ult. was delivered to me
yesterday by Mr. Lewis. I thank you very sincerely for
your friendly congratulations on ray return, and assure you
VOL. I.  B B

186 LIFE OP JOHN JAY.
that araong the pleasures I have long promised myself from
it, that of renewing our former intercourse and correspond
ence is nof the least. I lament the unfortunate accident
which has happened to your oldest daughter, and which has
deprived me of the satisfaction of meeting you here.
" I have had, and have, so many applications about papers
and business, respecting causes in which I was formerly
concerned, that I shall be obliged to pass a fortnight or
three weeks here. When it will be in my power to pay you
a visit is uncertain. I consider it as a pleasure to come, and
shall endeavour to realize it as soon as possible.
" When I resigned my appointments in Europe, I purposed
to return to the practice of the law ; what effect the unex
pected ofler of Congress (of which I was ignorant untU after
my arrival here) may have on that design as yet re.-nains
undecided. How far either of us have been, or maybe,
under the influence of ambition are questions which, how
ever clear to ourselves, must necessarily be less so to others.
"Present my affectionate compliments to your mother
and Mrs. Livingston. Remember me to all the famUy.
" Yours, sincerely, "John Jay."
Although it had been the wish and intention of Mr. Jay
to resume his profession, his country stUl claimed his
services. The offer of Congress above alluded to was his
appointment to the office of secretary for foreign affairs,
before his departure from France. This office had been
estabhshed in 1781, and was unquestionably the raost
responsible and important civil office under the confedera
tion. The whole foreign correspondence of the nation, as
well as that between the general and State governments,
was conducted by the secretary. It was his duty to make
reports to Congress on all subjects submitted by them to his
consideration, and also to prepare plans of treaties, and
instructions to ministers abroad. He -was entitled to attend

LIPE OF JOHN JAY. 187
the meetings of Congress, which then sat with closed doors,
and to communicate to that body whatever information he
raight think proper. This office was first filled by Chancel
lor Livingston of New- York, and was resigned by him in
December,~1782. At the request of Congress, he however
consented to discharge its duties till a successor should be
appointed ; but no such appointment being made, he left
the office in June, 1783. The delay of Congress arose
frora the difficulty they experienced in raaking a satisfac
tory selection. A day for going into the election was fixed
no less than five times, and the election was as raany times
postponed. Twice the election was atterapted, but no
choice was made. On the 7th of May, 1784, as appears
fi-om the journals. Congress received a letter from Dr.
Franklin, informing them that Mr. Jay expected to leave
France in April. This intelligence seems to have relieved
them from their embarrassment ; for the same day they
elected him to the vacant office.
When Mr. Jay first entered into public life, he had pro
fessed to be actuated solely by a desire to promote the inde
pendence of his country. When that object was attained,
consistency (in Ius opinion) required him to descend from
the station to which he had been elevated. He accordingly
resigned his commissions as minister plenipotentiary to
Spain, and minister for negotiating comraercial treaties in
Europe ; and returned to his country a private citizen, neither
enriched by her favours nor sharing in her governraent.
But no principle of consistency required him to remain in
private life. On the contrary, he had before his return
expressly declared, " that should he find it his duty to devote
more of his time to the public, they should have it" He
was not therefore deterred by any scruples of propriety
from immediately accepting the place now tendered to him:
his hesitation arose from other considerations. It was
necessary that the secretary should be in constant attend
ance on Congress, and that body now sat at Trenton. The

188 LIFE tfP JOHN JAY.
circumstances of the country no longer exacted the sacri
fice of private interests and social affections, and Mr. Jay
could not consent immediately to remove again to a dis
tance from his near and affectionate relatives, nor longer to
omit that attention to his property which prudence required.
Fully aware of the importance of secrecy in diploraatic
affairs, he was moreover unwUling to assume the responsi-
bUities of the office, unless by being permitted to select his
own clerks, he could be well assured of their fidelity ; but
Congress had hitherto thought proper tb retain the appoint
ment of the clerks in this office in their own hands. Con
gress were not in session at the time of his arrival, nor
were they to convene till the 1st. of November; and hence
it remained undetermined for some months, whether such
arrangements would be made as might in his opinion render
it proper for him to accept the place in question.
In the raean time the State Legislature met and appointed
him one of their delegates to Congress ; thus seizing the
first opportunity of manifesting their continued confidence
in his abilities and patriotism.
On Mr. Jay's return, he was pressed by the BarOn de
Steuben to accept an honorary merabership of the Cin
cinnati ; he answered that he was neither young enough
nor old enough to desire that honour. He disapproved of
the society, thinking it inconsistent with propriety and
delicacy for the raerabers to bestow upon theraselves
honorary badges and distinctions.
Before he took his seat in Congress his interest was
solicited in behalf of a gentleman to whom he was personally
friendly. His reply exhibits the principles which governed
him in the exercise of official patronage.
" Dear Sir,
" I have been favoured with yours on the subject of  's

appointment to the vice-consulship of MarseUles. It is a
rule with me never to give a decided opinion or promise

LIPE OP JOlfN JAY. 189
respecting matters of this sort, when there is a probabUity
of ray being concerned with others in a final deterralnation
on them, because joint measures should result frora joint
counsels.- Whatever questions may arise in Congress about
this raatter, I mean to keep myself perfectly at liberty to
decide thereon in such raanner as may appear to me raost
conducive to the public good."
The session of Congress at Trenton proved a short one.
The place was found inconvenient, and on the 23d of
Deceraber Congress adjourned to New-York, which it was
determined should be its future seat.
This determination, together with the permission granted
to him to select his own clerks, induced Mr. Jay to accept
the office of secretary for foreign affairs, and he immediately
entered upon its duties.
1785.] As the office for foreign affairs had remained
two years without a head, its business had so accumulated
as to require for some time the unremitted attention and
labour of the new secretary. The inconvenient and ineffi
cient form of government established by the articles of
confederation rendered this office peculiarly burdensome.
Congress united in itself the whole legislative and executive
power of the confederacy ; hence its officers, with few
exceptions, were merely ministerial. The secretary was
the organ of communication with Congress on all subjects
relating to foreign affairs, and many others. The official
letters received by him were forwarded to the president,
who laid them before Congress, by whom they were usually
referred back to the secretary to report what notice it would,
in his opinion, be proper to take of them. The secretary
accordingly sent his report to the president, advising the
passage of a resolution, the draught of which he transmitted,
or an order of Congress directing hira to retm-n the answer
which accompanied his report. This report was referred

190 LIFE OF JOHN JAY.
to a committee, who generally made the secretary's report
their own, and an order was passed giving him the neces
sary directions. "to j. LOWELL. " Office for Foreign Affairs, )
10th May, 1785. J
"Dear Sir,
" I have been favoured with your obliging letter of the
18th March, and should sooner have thanked you for it, had
not a variety of raatters concurred in constraining me to
postpone that pleasure till no-w. ,
" My endeavours, I assure you, shall not be wanting to
put the affair of Mr. Saderstiom in such a train, as that it
may be terminated to the satisfaction both of that gentleman
and of his creditors.
" The report on his case was entirely dictated by public
considerations ; for considering the feeble state of our federal
government, it appeared to me highly expedient that its
tone should not only be prevented from becoming more
relaxed, but that it should be invigorated in every manner
and degree which our union and general interest might
require, and a due regard to our constitutions and equal
rights perrait.
" It is my first wish to see the United States assume and
raerit the character of one great nation, whose territory
is divided into different States merely for raore convenient
government, and the raore easy and prompt administration
of justice ; just as our several States are divided into coun
ties and townships for the like purposes.
" UntU this be done, the chain which holds us together
wiU be too feeble to bear much opposition or exertion, and
we shaU be daUy mortified by seeing the links of it giving
way and calUng for repair, one after another.
" Accept my sincere acknowledgments for the very
obliging terras in which you raention ray appointment to

LIPE OP JOHN JAY. 191
the office I now hold, and be assured of the esteera and
regard with which " I ara, dear sir,
" Your most obedient and
" Very humble servant,
"John Jay."
The case alluded to in the foregoing letter was that of
a Swedish consul, against whose recognition by Congress a
reraonstrance had been presented by his creditors, from an
apprehension . that an exequatur would protect him from
arrest. The subject was referred to the secretary, who
recoraraended a resolution declaring that aU consuls in the
United States were amenable to the laws for the offences
they might commit, or the debts they might owe.
" FROM ROBERT MORRIS.
" Philadelphia, May 19th, 1785.
" Dear Sir,
" On myreturn here I found your obliging letter of the 13th,
which arrived during ray absence. Our ship frora China
does tolerably well for the concerned ; she has opened new
objects to all Araerica. A raandarin signs a passport for
aU European ships, -directed to the coraraanders of two of
the emperor's forts on the river of Canton, nearly in the fol
lowing words : — ' Permit this barbarian boat to pass ; she
has guns and men, consequently can do the
emperor no harm.' If the government of America could
concentre the force of the country in any one point when
occasion required, I think our mandarins raight grant
similar passports to the rest of the world.
" I beg my compliments to the ladies, and ara, with warm
attachment, " Dear sir,
" Your obedient and humble servant
"Robert Mokris."

192 life op JOHN JAY.
The vessel mentioned by Mr. Morris was the ship
Empress ; the first ever sent from the United States to
China. So important was this enterprise deemed, that an
official account of the voyage was addressed by the super
cargo to the secretary, who laid it before Congress, and
that body passed a resolution expressing their satisfaction
at this successful attempt to establish a direct trade with
China. The account of this voyage forms an interesting
item in the early history of American commerce.
"TO JOHN JAY. "New-York, 19th May, 1785.
" Sir,
" The first vessel that has been fitted out by the inhabitants
of the United States of America, for essaying a commerce
with those of the empire of China, being by the favour of
Heaven safe returned to this port, it becomes my duty to
comraunlcate to , you, for the information of the fathers of
the country, an account of the reception their citizens have
met with, and the respect with which their flag has been
treated in that distant region ; especially as some circum
stances have occurred which had a tendency to attract the
attention of the Chinese towards a people of whona they
have hitherto had but very confused ideas, and which
served in a peculiar manner to place the Americans in
a more conspicuous point of view than has commonly
attended the introduction of other nations into that ancient
and extensive empire.
" The ship employed on this occasion is about three hun
dred and sixty tons burden, buUt in America, and equipped
with forty-three persons, under tiie command of John Green,
Esq. The subscriber had the honour of being appointed
agent for their commerce, by the gentlemen at whose risk
this first experiment has been undertaken.
"On the 22d February, 1784, the ship sailed from New-
York, and arrived the 21st March at St. Jago, the principal

LIFE OF JOHN JAY. 193
of the Cape de Verd islands. Having paid our respects to
tiie Portuguese viceroy, and with his perraission taken such
refreshments as were necessary, we left those islands on the
27th, and pursued our voyage. After a pleasant passage,
in which nothing extraordinary occurred, we came to
anchor in the straits of Sunda on the 18th July. It was
no sraall addition to our happiness on this occasion to raeet
there two ships belonging to our good allies the French.
The commodore, Monsiem- D'Ordelin, and his officers wel
coraed us in the raost affectionate manner ; and as his own
ship was immediately bound to Canton, gave us an invita
tion to go in company with him. This friendly offer we
raost cheerfully accepted, and the coraraodore furnished
us with his signals by day and night, and added such
instructions for our passage through the Chinese seas as
would have been exceedingly beneficial had any unfor
tunate accident occasioned our separation. Happily, we
pm-sued our route together. On our arrival at the island
of Macao, the French consul for China, Monsieur VieiUard,
witii some other gentlemen of his nation, came on board to
congratulate and welcome us to that part of the world; and
kindly midertoolc the introduction of the Americans to the
Portuguese governor. The little time that we were there
was entirely taken up by the good offices of the consul, the
gentlemen of his nation, and those of the Swedes and Im
perialists who still remained at Macao. The other Eu
ropeans had repaired to Canton. Three days afterward
we finished our outward-bound voyage. Previous to
coming to anchor, we saluted the shipping in the river witii
thirteen guns, which were answered by the several com-
raodores of the European nations, each of whora sent an
officer to compliment us on our arrival. These visits were
returned by the captain and supercargoes in the afternoon ;
who wore again saluted by the respective ships as they
finished their visit. When the French sent their officers to
VOL. I.  C C

194 LIFE OF JOHN JAY.
congratulate us, they added to the obligations we were
already under to thera, by furnishing raen, boats, and anchors
to assist us in coming to safe and convenient moormgs.
Nor did their good offices stop here ; they insisted further
that until we were settled, we should take up our quarters
with thera at Canton.
" The day of our arrival at Canton, August 30, and the
two following days, we were visited by the Chinese mer
chants, and the chiefs and gentleraen ofthe several European
establishments. The Chinese were very indulgent towards
us. They styled us the new people ; and when by the map
we conveyed to thera an idea of the extent of our country,
with its present and increasing population, they were highly
pleased at the prospect of so considerable a market for the
productions of theirs.
" The situation of the Europeans at Canton is so well
known as to render a detail unnecessary. The good under
standing commonly subsisting between thera and the Chi
nese was in some degree interrupted by two extraordinary
occurrences ; of which I will, with your permission, give
a particular account.
" The police at Canton is at all times extremely strict,
and theEuropeans residing there are circurascribed within
very narrow limits. The latter had observed with concern
some circumstances which they deemed an encroachment
upon their rights. On this consideration they determined to
apply for redress to the hoppo, who is the head officer of the
customs, the next tirae he should visit the shipping. Depu
ties accordingly attended frora every nation, and I was desired
to represent ours. We met the hoppo on board an EngUsh
ship, and the causes of complaint were soon after reraoved.
i " The other occurrence, of which I beg leave to take
notice, gave rise to what was commonly called the Canton
war, which threatened to be productive of very serious con
sequences. On the 26th November an English ship, ui

LIFE OP JOHN JAY. 195
saluting some company that had dined on board, killed a
Chinese, and wounded two others in the mandarin's boat
alongside. "It is a maxim of the Chinese law that blood raust
answer for blood ; in pursuance of which they demanded
the unfortunate gunner. To give up this poor raan was
to consign him to certain death. Humanity pleaded
powerfully against the measure. After repeated confer
ences between the English and the Chinese, the latter
declared theraselves satisfied, and the affair was supposed
to be entirely settled. Notwithstanding this, on the raorning
after the last conference (the 27th), the supercargo of the
ship was seized while attending his business, thrown into a
sedan-chair, hurried into the city, and coraraltted to prison.
" Such an outrage on personal liberty spread a general
alarm ; and the Europeans unanimously agreed to send
for their boats, with armed men from the shipping, for the
security of themselves and property until the matter should
be brought to a conclusion. The boats accordingly came,
and ours araong the number ; one of which was fired on,
and a man wounded. All trade was stopped, and the Chi
nese men-of-war drawn up opposite the factories. The
Europeans demanded the restoration of Mr. Sraith, which
the Chinese refused, until the gunner should be given up.
" In the raean while the troops of the province were coUect
ing in the neighbourhood of Canton^-the Chinese servants
were ordered by the magistrates to leave the factories — the
gates of the suburbs were shut — all intercourse was at an
end — the naval force was increased — many troops were
embarked in boats, ready for landing — and every thing wore
the appearance of war. To what extremities matters raight
have been carried, had not a negotiation taken place, no one
can say. The Chinese asked a conference with all the
nations except the English. A deputation (in which I was
included for America) met the Fuen,y/ho is the head magis-

196 LIFE OF JOHN JAY.
trate of Canton, with the principal officers of the province.
After setting forth, by an interpreter, the power of the
emperor and his own deterralnation to support the laws, he
deraanded that the gunner should be given up within three
days, declaring that he should have an impartial exaraina
tion before their tribunal, and if it appeared that the affair
was accidental, he should be released unhurt.
" In the raean time he gave permission for the trade, except
ing that of the English, to go on as usual ; and dismissed us
with a present of two pieces of silk to each, as a mark of his
friendly disposition. The other nations, one after another,
sent away their boats under protection of a Chinese flag, and
pursued their business as before. The English were obliged
to submit, the gunner was given up, Mr. Sraith was released,
and the English, after being forced to ask pardon of the
raagistracy of Canton in presence of the other nations, had
their commerce restored.
" On this occasion I am happy that we were the last
who sent off our boat, and that without a Chinese flag ; nor
did she go tiU the English themselves thanked us for our
concurrence with them, and advised the sending her away.
After peace was restored, the chief and four English gen
tlemen visited the several nations (among whom we were
included), and thanked them for their assistance during the
troubles. The gunner remained with the Chinese, his fate
undetermined. "Notwithstanding the treatment we received from aU
parties was perfectly civU and respectful, yet itwas with
peculiar satisfaction that we experienced on every occasion
from our good aUies the French the most flattering and
substantial proofs of their friendship, ' If,' said they, ' we
have in any instance been serviceable to you, we are happy ;
and we desire nothing more ardently than further oppor
tunities to convince you of our affection.'
" We left Canton the 27th December, and on our return
refreshed at the Cape of Good Hope, where we found a

LIFE OF JOHN JAY. 197
most friendly reception. After remaining there five days,
we saUed for America, and arrived m this port on the Ilth
instant. " To every lover of his country, as well as to those raore
iraraediately concerned in coraraerce, it raust be a pleasing
reflection that a communication is thus happily opened
between us and the eastern extreraity of the globe ; and it
adds very sensibly to the pleasure of this reflection, that the
voyage has been perforraed in so short a space of time, and
attended with the loss only of one man. To Captain Green
and his officers every coraraendation is due, for their un
wearied and successful endeavours in bringing it to this
most fortunate issue, which fully justifies the confidence
reposed in them by the gentlemen concerned in the
enterprise. " Permit me, sir, to accompany this letter witii the two
pieces of sUk presented to me by the Fuen of Canton, as a
mark of his good disposition towards the American nation.
In that view I consider myself as peculiarly honoured, in
being charged with this testimony of the friendship of the
Clunese, for a people who raay in a few years prosecute a
coramerce with the subjects of that empire under advan
tages equal, if not superior, to those enjoyed by any other
nation whatever. " I have the honour to be,
" With the most perfect respect, sir,
" Your most obedient and very humble servant,
" Samuel Shaw."
The administration of the State government about this
time, excited rauch dissatisfaction, and the attention of ffie
public was turned to the selection of some person to fill the
executive chair, in the room of the present incumbent.
Many were anxious that Mr. Jay should be their next gov
ernor, and he was earnestly solicited to perrait his narae to
be offered to the electors as a candidate for the office.

198 LIFE OP JOHN JAY.
The following reply to an application of this sort exhibits
the grounds of his refusal.
"to general SCHUYLER. " New- York, 10th June, 17S5.
" Dear Sir,
" What you say on a certain subject argues a degree of
confidence and friendship which excites ray warraest ac
knowledgraents, and which shall always be returned on
my part.
" I sincerely and frankly declare to you, that my being,
and having long been employed by Congress, whose attach
ment and attention to me has been uniform, and who, in my
absence, and without my knowledge or desire, gave me the
place I now fill, will not permit me to quit their service,
unless their conduct towards me should change, or other
circumstances occur which might render such a step con
sistent with my ideas of propriety. This is ray deliberate
and raature opinion : a servant should not leave a good old
master, for the sake of a httie more pay or a prettier livery.
Were I at present to accept the governraent if offered, the
world would naturally be led to say and to believe, that I
did it frora some such paltry motives.
" Although I apprehend that this my answer will not cor
respond with the wishes which your friendly partiahty for
me suggests, yet when you put yourself in my stead, and
consider what you would do on such an occasion, I think
the same reasons which operate upon me, would have a
simUar influence upon you. The conduct of men is so
generally (and so often with reason) imputed to interest or
ambition, that they who are actuated by neither must expect
such imputations, whenever circumstances expose their
principles of action to doubt and question : the present case
strikes me in that point of light. The place I hold is more
laborious, requires raore confineraent and unceasing appli
cation, and is not only less lucrative but also less splendid

LIPE OP JOHN JAY. 199
than that of the government. To exchange worse for
better does not seem very disinterested ; and when profes
sions and facts give opposite evidence, it is easy to foresee
which wUl obtain the raost credit.
" If the circumstances of the State were pressing, if real
disgust and discontent had spread through the country, if a
change had in the general opinion become not only advisa
ble but necessary, and the good expected frora that change
depended on rae ; then ray present objections would imme
diately yield to the consideration, that a good citizen ought
cheerfully to take any station which on such occasions his
country may think proper to assign him, without in the
least regarding the personal consequences which raay result
from its being more or less elevated ; nor would there then
be reason to fear, that Congress raight consider ray leaving
their service as being inconsistent with that degree of deli
cacy and gratitude which they have a right to expect, and
which respect for rayself as well as for thera deraands
frora me. " With sentiments of great and sincere regard,
" I ara, dear sir,
" Your obliged and affectionate friend,
" John Jay."
It has been already raentioned, that after Great Britain
had acknowledged the independence of the United States,
Mr. Jay was invited by Spain to resume his negotiations at
Madrid. The invitation was not accepted ; and the United
States, confident in their own strength, now showed no
inclination to court the friendship of a power by whom they
had been treated in their late struggle with coldness and
duplicity. The treaty of 1783, which secured the perma
nency of the new republic, and guarantied to her, not only
the territory on the eastern bank of the Mississippi, but also
the navigation of tiie river itself, raade Spain sensible of her

200 LIFE OF JOHN JAY.
folly in rejecting the. concessions which Mr. Jay had been
reluctantly compelled to offer her. His Catholic Majesty,
who had lately refused to acknowledge the Araerican rain
ister, now found it expedient to send his own, to solicit the
friendship of the United States. In the spring of this year
Don Diego Gardoqui arrived at Philadelphia, bearing a
commission from the court of Spain to Congress. This
gentleman, who had been acquainted with Mr. Jay in
Madrid, received frora him the following letter, which is a
little curious, as showing the ceremonial with which foreign
ministers were received by the old Congress.
" TO DON DIEGO GARDOQUI.
" Office for Foreign Affairs, 21st June, 1785.
" Sib,
" I have received the letter you did me the honour to
write on the 2d June instant. The etiquette which will be
observed on your reception by Congress is as follows, viz. :
" At such time as may be appointed by Congress for a
public reception, the secretary for foreign affairs will con
duct you to the Congress chamber, to a seat to be placed
for you, and announce you to Congress ; the president and
members keeping their seats and remaining covered. Your
commission and letters of credence are then to be delivered
to the secretary of Congress, who will read a translation of
them, to be prepared by the secretary for foreign affairs
from the copies to be left with the president. You will
then be at liberty to speak (and, if you please, deliver to the
secretary of Congress in writing) what you may think
proper to Congress, who will take what you may say into
consideration, and through the secretary for foreign affairs
will coramunicate whatever answer they may resolve upon.
" When you retire, you will be reconducted by the
secretary for foreign affairs. A visit will be expected by
every member of Congress, as well those who may then be

LIPE OP JOHN JAY.

2i)l

intown, as others who may afterward arrive during your
residence here.
" Ihope the state of your healtn will soon be such as to
adrait of your coming to this cityj before the heats of sum
mer render travellilig disagreeable.
" It will give rae great pleasure to take y oil by the hand,
and to assure you in persoh of the esteem and regard with
which I am, "
" Dear sir,
" Your most obedient
''And very humble servant
« JohK^ Jay."
The audience was had, and the part performed by Mr.
Jay miist have forcibly recalled to his tnind the frequent
warrrihgs he had given the Spanish court of the rising great
ness of the infarit republic, as well as the indignities he had
hiraself experienced as her representative. He had now
the happiness 0^ witnessing the legislators of his country
assuming the po*t affected by monarchs, and listening to
the plenipotentiary of Spain; standing uncovered before
thern, and declaring the affectionof his master for thera, his
" great and beloved friends." To the speech of the min
ister nd answer was returned directly by Congress, but a
reply was sent to hira in the narae of the secretary for
foreign affairs. ,
Mr. Jay was appointed by Congress to treat with the
minister; and he had thus the singular satisfaction of
conducting in, his native city, at the instance of Spain
herself, a negotiation which he had vainly atterapted at
Madrid. :' ¦ \ ' •'
He had, however, seen too much of the pohcy of Spain,
and of the countenance afforded by France' to her claims,
to anticipate a favourable result from the present atterapt
" I am not" sanguine in ray expectations," he remarked to
Congress, " that a satisfactory termination of this "negotia-
VOL. I.  D D

LIFE OF JOHN JAY.
tion is practicable, in whatever way it may be managed ;
obstacles of weight and magnitude are in the way, and I
am not without dodbts of the possibUity of removing them
at present." His anticipations were fuUy realized; the
navigation of the Mississippi presenting an insuperable
obstacle to a treaty.
On the 7th September, Congress passed a secret act, lira
ited to one year, giving Mr. Jay discretionary power to
inspect letters in the post-office. The probable motive for
this measure was a desire to discover the nature of the
instructions sent front England, by the way of the United
States, to the comraanders of the mihtary posts on the fron
tiers, which were held by the British contrary to the trCaty
of peace ; and likewise to ascertain the object of certain
warlike preparations that were said to be making, in Can
ada. It is not known that the power flius given was ever
exercised. The following letter, and the report afterward made on
it by the secretary, contain the first proposition for a navy
raade by any branch of the Araerican governraent after the
revolution. "to the PRESIDENT OP CONGRESS.
" Office for Foreign Affairs, 13th October, 1785.
" Sir,
"Your excellency will find herewith enclosed a letter
from Chevalier Jones of 6th. August, and a copy of a letter
(which is the same that is published in the PhUadelphia
paper of Ilth instant) from Mons. Sontanges, dated 14th
July last, to the judges and consuls of Nantes, informing
that the Algerines had declared war against the United
States. " As their late peace with Spain has rendered their arma
ments unnecessary against that power, they probably choose
to turn thera against us to prevent their being useless, and
in hopes of acqufring considerable booty. This peace, if

LIFE OP JOHN JAY. 203
the public accounts of it are true, gives those pirates just
matter of triumph ; and in this moment of their exultation, I
am inclined to think that an advantageous treaty with them
is not to be expected.
" This war does not strike me as a great evU. The more
we are ill-treated abroad the more we shall unite and con
solidate at home. Besides, as it may become a nursery for
seamen, and lay the foundation for a respectable navy, it
may eventually prove more beneficial than otherwise.
Portugal will doubtless unite with lis in it, and that circum
stance may dispose that kingdora to extend comraercial
favours to us further than they raight consent to do, if unin
fluenced by such induCeraents. For my own^ part, I think
it raay be demonstrated, that whUe we bend our attention
to the sea, every naval war, however long, which does not
do us essential injury, wiU do us essential good.
" I have the honour to be, -with great respect and esteem,
your excellency's most obedient and very* humble servant,
" John Jay."
This letter was referred back to the secretary, to report
what rneastires it would be proper to take. He recora
raended that aU Araerican built merchant vessels trading in
the Mediterranean should be armed at the public expense ;
and also that "five forty gun ships should be forthwith
built, and put under the direction of a brave and experienced
commodore— that the Board of Admiralty should be organ
ized and put in conditidn to execute its functions — and that
a requisition should be made on the States for the supphes
necessary for this purpose."
These recommendations were not carried into effect, in
consequence of the weakness of Congress and the little con
trol it possessed over the States. Of the inadequacy of the
existing government to the demands of a great nation, no
one was raore early or deeply sensible than Mr. Jay, nor
more desirous to substitute for it a government possessing

-¦¦•,¦¦ LIFE OP JOHN JAY.
ergy necfessary to protect and raaintain the rights and
interests of the Union ; and his letters bear frequent testi
mony to his opinions and wishes on this subject '
Thus far the purity of Mr. Jay's life, both in private and
public, had suppressed all open ebullitions of envy and
mahce. He was now, for the first time, arraigned at the
bar of the public, and his accuser was a young man whom
he had loaded with benefits.
We should not have encumbered our pages with the fol
lowing effusi.jn of raalice and scurrility, had it not afforded
us an opportunity of illustrating Mr. Jay's patience and
kindness, and of exhibiting new attestations to his worth.'
From the New-York Daily Advertiser, Dec. 6, 1785. i
" to john jay, esq.
" Sir,
" While I admire your phUosophic prudence, and render
ample justice to your talents, give rae leave to pay an
equally sincere tribute to the qualities of your heart.
" As this letter is in fact an appeal to the public, perrait
me to begin by recapitulating the motives which have con
duced to it. '
" I was sent at an early period of life to Europe, recom
mended to your care and attention, in consequence of a
previous engagement which you had formed with ray
friends, upon your being appointed rainister to the court of
/Madrid. My abrupt - departure from Virginia prevented
my guardian from establishing at that time any funds for
ray support in Europe, and he only furnished rae with
a letter to you, requesting and authorizing you to raake
me the necessary advances for my expenses, upon his
account. "This you continued to do until I left your family, cer
tainly against your consent and advice, to serve as a volun
teer in the, array of Spain.

LIFE OP JOHN JAY.

" I shaU not further animadvert upon your subsequent
conduct, unless you choose to renew the discussion.
" I was fortunate enough to, find, resources independent
of you ; and with respect to the past, never considered
myself as personally responsible to you for the advances
you had raade by order of my guardian. You raay also
recollect, that' before my departure from Paris, in 1784, 1
wrote to you upon the subject, informing you of my wish
and egorts to settle vthe accounts, only frora a principle of
delicacy, as I expressly declared ' that I did not consider
myself as under any actual obligation for sums advanced
to rae while under age, upon the credit of my guardian ;
and which were discontinued as soon as subsequent circum
stances seemed to invalidate his order, and place me in a
more imraediate state of personal responsibUity.'
" Neither in your answer, nor upon any other occasion,
did you deraand, or even hint, that you expected payraent
from me. In a note of the 16th of March, 1784, you also
informed me, that you had then taken no arrangements for
your reimbursement in America ; consequently, you could
have no just cause of complaint against my guardian, who,
until my arrival in Virginia, in July last, was actually
ignorant of the araount of hi^' debt to you.
" He inforraed me, that he' had not heard directly from
you since your return to America, although he had written
several tiraes to you to obtain an account of the suras
advanced for rae. The only letter which I wrote to him
upon the subject never came to hand ; upon settling ray
affairs with him, the debt to you was included in the ex-
p;ense of my education ; consequently, he is responsible for
it and as such considers himself: of this I inforraed you
upon ray arrival here on the 18th ult., and at the sarae tirae
assured you, in the name of my late guardian, that your
reiraburseraent would not be delayed longer than circura
stances render unavoidable." To that letter / received no
<inswer. Why did you not i^m demand a settlement from

LIFE OP JOHN JAY.
^me ? I informed you that I was on my return to Europe :
you were still sUent upon that subject ; but in the course of
your official correspondence with me respecting the letters
of recommendation from the King of Spain, the Duke de
CriUon, &c. &c., which were laid before Congress, and
referred to you to report, you were made acquainted with
my situation in Europe. I repeatedly inforraed you that I
could for no consideration defer my return by the French
packet, which would sail on the 6th instant. Ih consequence
of your having delayed to make your report before the
adjournment of Congress on Friday, I wrote to you, to
request that you would, if possible, return rae those letters ;
offering, although with the deepest regret; to give up eVery
hope of an honorary distinction from Congress, rather than
lose the opportunity of the packet, on board of which I was
to embark on Monday.
" Yesterday I received a polite answer from you to
that note; and a raoraent after, your whole system was
developed. " From every preceding circumstance, you justly con
cluded that my business in Europe was equaUy pressing
and important ; consequently, to throw an obstacle in my
way would at once injure and distress rae. The opportu
nity of a safe revenge is a temptation not to be resisted by
an eneray like you.
" A raoment after receiving your first note of yesterday,
I was informed that you had taken out a writ against me
for the amount of my guardian's debt to you.
"^The stroke was well-timed, and I really give you
credit for it. Some time raust necessarily elapse before I
could hear from Virginia, where an earlier notice Would
have permitted me to rtiake every necessary arrangement ;
in the mean time the packet -would saU. Perhaps your
malignity even extended to the hope of seeing rae igno
miniously dragged to prison, as you supposed me ill pre
pared to avert the blow.

LIPE OP JOHN JAY. 207
" I sincerely condole with you upon the faUurc . of your
plot, and stUl njore upon your apprehensions of its conse
quences.. ' But take courage : I respect the' servant of Con
gress, and even as a man, I pity and despise you.
" I am far, however, from considering you in the Ught of
a contemptible enerny. The greatest, po'iitical influence —
a private character unsullied, because unknown — and above
all, an apathy of disposition, which keeps you ever upon
your guard, -unite in giving you a decid£;d advantage over
an antagonist whose natural warmth of teraper, and ¦ sus
ceptible feelings, are so contrary to your own. Your
refusal to answer ray note of yesterday, I can easily
account for upon the principles which have ever actuated
your conduct towards me. You perhaps think yourself
above the opinion of the world, and secure frora censure
under the mask of habitual gravity and austere importance.
Reflect once more : consider you are by no ineans arrived
at a period of life_ which inspires veneration; and dispenses
with punctilio ; your brow is as yet unwrinkled, except by
the assuraed frown of rainisterial soleranity and natural
raalevolence. " A sacrifice to the established laws of society, is by no
raeans incompatible with the duties of office ; and above
all, let the hope of successful revenge for once animate you
to act a manly part.
" I shall conclude with one raore observation, and I be
lieve not the least unpleasing to you of this address. You
have long been ray eneray ; but by a strange fatality, your
atterapts to injure me have been invariably productive of
advantage to rae : having yourself pursued' the wrong path
to honour, you have involuntarily pushed rae forward in
the right ; and let it be an additional torraent to your mind
to be told, that you have negatively done good.
"Lewis Littlepage.
" New- York, 4th Dec. 1785.
"P. S. If you have any thing to answer, I desire it may

f . LIPE OP JOHN JAY.
¦•?. lilt--- • in. to-morrow's paperj as I shall sail* in the
a .'neh ; 5t and I have reason to- conjecture you wiU be
di :. ' ke advantage of my absence."
liiC I '^ the next day contained the following
address:.' HE PUBLIC.
"Yeste ¦ : r.;<ir!Uf. i received the following letter of
the day b^ > ir. Littlepage.
"'Sir: — Bei^^e \ proceed to the last" extremity; that is,
an' appeal to the public, he pleased to inform me whether
you choose to enter .into a discussion raore consistent -with
the character and ideas of a gentieraan. You must be con
vinced, from every preceding, circurastance, that I can put
but one construction upon your 'late extraordinary conduct, '
which is, a premeditated design to injure and disgrace me.
If such was your intention, I certainly am at liberty' to
justify myself, and perhaps to retort upon you. I shall be
happy to find rayself raistaken, and if you condescend to
explain your conduct, many disagreeable tbings may be
yet avoided : your answer will be definitive. In the mean
time, I have the honour to be &c.
' " ' L. Littlepage.'
"ANSWER;,
" ' Sir :--I haivereceived your letter of yesterday, and as
it is as decent as any that can be expected fropi you, I pre
vail upon myself to write a line or two in ans-wer to it
" ' Not being conscious df having intentionally committed
a single act of injustice ot dishonour in the . course of- my
life, I have nothing to apprehend from pubhcation. Your
threats, therefore, on that head operate on my mind hke
duSi on a balance. Execute them ; publish when and what
you please.
" ' As t& personal discussion or correspondence -with you,
I mean and wish to bave none ; and your memory cannot

LIPE OP JOHN JAY. 209
be a good one, if it does not suggest to you my reasons
for it.
" ' A premeditated design to injure or disgrace you is a
base design, and consequently was never raine ; I disclaira,
deny, and reprobate it. If you wish to know why I sued
you, I wUl teU you : it was to recover money you honestly
owe me, and for which I am not to be satisfied by your
assurances. " ' I ara, &c.
"'John Jay.'
" Mr. Littlepage has appealed to the pubhc. Far be it
from me to look with indifference on the opinion of the
world ; I was early taught to respect it, and ray endeavours
to raerit the esteera and affection of ray fellow-citizens have
from my early youth been unremitted; how far I have
succeeded they best can tell. On every occasion, where
the propriety of ray conduct may be arraigned before their
impartial tribunal, I shall be ready to put myself on ray
trial, and to answer even to Mr. Littlepage for all such of
ray actions as respect hira. This is the first time in ray
life that I have been so arraigned, and it is a little raortifying
that it should now be by a young man, every part of whom,
except his soul, had increased and grown while enjoying
hospitality under ray roof, and at ray table.
" I have coraraenced an action against Mr. Littlepage
for the recovery of a thousand and odd dollars, advanced
to and for him in Spain. This proceeding, he says, is con
trary both to justice and honour. — To justice, because ' he
never considered himself as personally responsible to me for
the advances I had made by order of his guardian.'
" The first question on this point is. What orders I had
from bis guardian ?
" The only letter which I ever in my life received from
that gentleman, and whora I have never seen, was brought
by Mr. Littlepage, and is in the words following :
VOL. I.  E E

210 LIFE OF JOHN JAY.
" ' Virginia, New Kent County, November 20, 1779,
"'Sir: — You wiU receive this from the hand of my
nephew, Lewis Littlepage, the youth whom you was so
kind as to promise my friend-, Mr. Thomas Adams, to take
into your care. I have a proper sense of your favour, sir,
and hope he will behave in such a manner as to deserve
your patronage. I should have sent him to you before
your departure from Philadelphia, but was prevented by
his falling into a bad state of health, from which he did not
recover in time. Enclosed you will find some of his per
formances, by which you may judge of his genius for poetry.
The Elegy on the Death of his Friend, Colonel Fleming, was
wrote by him at the age of fifteen years and three months ;
the Ode on Death, and the translation of Horace's ode, a
few months after. I shall be anxious to ' hear how he
answers your expectations. He saUs for Bordeaux, where
he will be accommodated by a merchant and forwarded to
Mr. Beaumarchais at Paris, and by him, or Mr. Gerard,
will be sent to you at Madrid. Those gentlemen are desired
to draw upon you for whatever they may advance for him,
which he pleased to pay, and it shall be punctually returned
to you " ' By your most- obedient and
" ' Humble servant,
" ' Ben. Lewis.'
" This letter does not authorize or desire me to advance
a single shilling to Mr. Littlepage, but only to answer the
bills which Mr. Gerard or Mr. Beaumarchais might draw
upon me for their advances io him. Now, neither of those
gentlemen ever drew any bUls upon, or received any money
from me, and, consequently, I never paid any money
according to the request or authority mentioned in this
letter. Whether any funds were provided for Mr. Little-
page's further expenses, whether it was intended to remit

life op JOHN JAY. 211
money fi-om America to him or me for that purpose, or
whether it was expected I should make all the advances, I
am yet to learn. That ^Ir. Littlepage, who has often read
this letter, and heard my remai-ks upon it, should say, in
general terms, ' that it requested and authorized me to make
the necessary advances for his expenses, upon his guEirdian's
account,' is certainly saying more than the fact warrants.
But although 3Ir. Lewis was under no express obligations
to reimburse me, yet I certainly considered hun as being
under implied legal, as well as honorary ones.
" The next question is. Whether Mt. Littlepage is Uable
for the repayment of advances made wliUe under age, or
ever considered himself so ?
" So far as this is a law question, it ought to be argued
in a court of la-w, and not in a newspaper ; but so far as it
respects the mere fact of his considering himself responsible
for it it may be a proper point to be here discussed.
" \A^hat passed between us in Conversation cannot be
proved, but may be denied ; let that tiierefore pass for
nothing. " In a letter of 8th October, 1781, in which he very rudely
expostulated with me for not letting him have quite so
much raoney as he then wanted, are these words : — ' Your
conduct, perhaps, is influenced by apprehensions of loss, as
you know I do not possess an affluent fortune. Fear not,
sir ; the generosity of an affectionate parent, and a worthy
deceased relat on, liave left me above dependence.'
" When at Passy. on the 6th day of July, in the year
1783, 1 presented to him an account of the moneys advanced
by me, to and for him, he signed his name to it, and under
his hand acknowledged it to be a just and true account
And will he now tell the public and me that he is not obliged
to pay this just and true account I When he came here
lately, he wrote rae the foUovring letter :

212 life op JOHN JAY.
" ' Maiden-lane, 18th November, 1785.
"'Sir: — I had the honour to call at your excellency's
house this evening to pay you ray respects, and at the sarae
time to inform you that every exertion has been raade on my
part to acquit myself of my pecuniary obligations towards
you. I am sorry to add, that accumulated embarrassraents
prevented me from accomphshing it before my departure
frora Virginia, where I only arrived in July last, and ara at
present on ray return to Europe. I have, however, taken
explicit arrangeraents with ray uncle on that head, and ara
authorized to make you the most positive assurances, on his
part, that your reimbursement shall not be delayed longer
than circumstances render unavoidable.
" ' I have the honour to be,
" ' With the raost perfect respect, &c.
" ' L. Littlepage.'
" In this letter he adraits his being under pecuniary
obligations to me, Xvhich means that he owes me money ; it
raentions his having exerted himself to acquit himself of
these obligations, which means, I suppose, that he had tried
to get and to pay the money. His present conduct, indeed,
renders his former meaning somewhat doubtful, for now he
seems desirous of getting rid of these pecuniary obligations,
not by discharging them, but by going to Europe and leav
ing them behind. It is true that I never demanded pay
ment of him ; for why demand payraent from a man who
had nothing to pay, and all whose supphes were drawn
from other people's purses, and mine among others ?
" So far as the justice of my conduct on this occasion
may be in question, I flatter myself I shall' stand acquitted
by the public, especially when they are further told, that no
part of my account is made up of interest, but that I have
charged only the actual sums advanced by me out of pocket
to this stranger, who lived free from cost in my house and
famUy.

LIFE OP JOHN JAY. 213
" The next question which remains to be discussed is,
whether my conduct to-wards this young man is dishonour
able ; for justice, though exact, is not always honourable.
" I will endeavour to methodise his charges on this head.
I think they raay all be comprised in the following three, viz.
" 1st. That I did not answer his letter of 18th Novera
ber, nor express my content or discontent with the assu
rances contained in it.
" 2d. That I did not sue hira immediately on his arrival,
but deferred it until he was about going away.
" 3d. That I did not make a report to Congress in his
case so soon as I ought to have done, for I knew he was
going to Europe in the French packet.
" My answer to the two first of these charges will be two
fold : first, as resulting frora the circumstances of this par
ticular case ; and secondly, from the point of light in which
I have long and steadily viewed Mr. Littlepage — a point of
light which rendered it exceedingly improper for me to
have any avoidable connexion or correspondence with him.
" On Mr. Littlepage's first arrival here, and for some
time afterward, I did not mean to sue him ; and therefore it
was not necessary for me to say or write any thing to him
on the subject. I then reasoned thus with myself: This
young raan comes here directly from Virginia, where he had
seen and left his guardian ; he brings no money for me, and
though he brings assurances, yet he does not bring a single
line from his guardian to establish them. It is possible that
what he says may be true, but I have only his word for it,
and that 1 know is worth very little ; it certainly looks
very much like a scheme to amuse me till he can set sail
for Europe, and I certainly would be justifiable in suing
him — but what shall I get by it ? I have no reason to think
he has much money or credit here. It will be best to let the
matter rest, and continue to have patience.
" Afterward, viz. the day before I sued him, I very un
expectedly became acquainted with a circurastance which

214 LIFE OF JOHN Jay,
convinced me, that he had more than money enough with
him to pay rne, and I issued a writ against him the next day.
The event justified my opinion ; for, on being arrested, he
laid down the amount of the debt, and put it into the hands
of Mr. Low, as a security for that gentleman's becoming
his bad. Admirable ideas of honour, indeed ! to have plenty
of money in his pocket, and yet try to amuse an honest
creditor with assurances till he could get out of the way.
" Whether it would, under such circumstances, have been
dishonourable to sue any debtor, I cheerfuUy submit to
the judgment of the impartial public. I say any debtor,
because, with respect to me, Mr. Littlepage does not stand
on equal ground with any man who now does or ever did
owe me money.
" I now proceed to that part of my answer to the charge
in question, which results from the point of light in which I
have long and steadily viewed Mr. Littlepage ; and I pro
ceed to it with infinite pain and regret.
" This young man is thought well of by many ; he has
lived in my family — he comes here — he pays me a visit —
he writes me a letter — and yet I take no notice of him, but
I keep him at a distance, and even tell him that I wish an'd
mean to have no personal discussions or correspondence
with him. Such treatment, if unmerited, would be cruel ;
whether it is or not is now the point in question.
" On the recommendation of some gentlemen from Vir
ginia, whom I greatiy esteem, I consented to take this Mr.
Littlepage, a perfect stranger, whom I had never seen nor
known, and with whom and whose faraily I had not the
most distant connexion, under my care and protection;
and was really happy in the prospect of being useful to a
young gentleman, of whose parts and disposition they enter
tained a very favourable opinion.
" From circumstances very immaterial to this subject, it
so happened that while Mr. Litticpage lived in my family,
a coolness subsisted and continued between Mr. Carmi-

LIFE OF JOHN JAY. 213
chael and myself Whether it was with design to ingra
tiate himself with rae, and render my advances to him the
more hberal, or whether he was induced to it by a sense of
my kindness to him, I know not ; but the fact is, that he
often communicated to me anecdotes of fhat gentleman's
conduct and language, with which it was impossible that I
could be pleased.
" When Mr. Littlepage took a fancy to go with the Duke
de CriUon to Minorca, he urged every argument he could
think of to obtain my consent, but without effect. Among
others, he insisted largely on Mr. Carmichael's endeavours
to oppose and misrepresent him, and how useful an ac
quaintance with the principal officers would be to frustrate
the effects of such conduct in future. He enumerated many
particulars, some of which were entirely new to me. I
told him that these were delicate subjects ; that I was
in an unpleasant situation between him and 'Mr. Car
michael, and therefore wished to have every fact and rea
son which influenced him to persist in his project, against
my advice and approbation, so ascertained as to be able at
all times fairly and fully to state thera ; that verbal com
munications, whether of reasons or facts, were liable to be
forgotten, as well as to be misrepresented, either by accident
or design, and that the word even of an honest man hardly
gains full credit in cases where he may be considered as in
terested ; that I wished to have no open rupture with Mr.
Carmichael on various accounts, and should endeavour to
avoid it ; but, nevertheless, that prudence recommended
caution, and in case such a rupture should take place, I
wished to have it in my power to prove whatever I might
be obliged to say. I therefore wished he would write to
me all the reasons which influenced him to propose going on
the intended expedition. I told him, at the same time, that
I would never make it public, unless the regard due either
to my own reputation or his should render it necessary.
" He left me, and the next day sent me the following
letter :

216 LIFE op JOHN JAY.
" 'Aranjuez, 15th June, 1781.
"'Dear Sir,
" ' Notwithstanding your friendly endeavours to dissuade
me from my intention of accompanying the Duke of Crillon
in the ensuing campaign, I find my inclination, honour, and,
let me add, my interest too nearly concerned to admit the
raost distant idea of desisting. Perfectly, convinced, how
ever, of the generous and candid raotives which influence
your conduct, I think it indispensably incumbent on me to
explain to you, in the raost serious raanner, my reasons for
persevering. " ' In this unhappy era of war and commotion, politicians
and soldiers are equally necessary. At a distance from
my native country, and consequently incapable of serving
it immediately in a mUitary line, I think it stUl my duty to
embrace every opportunity of acquiring a degree of expe
rience which may one day prove beneficial. Your par
tiality to my abilities induces you to suppose politics my
proper sphere. Friendship seems more prevalent than
judgment in that conjecture. My present object is the
attainment of the Spanish language ; the alternative is to
retire to some village, or spend a few months in the army ;
the latter is infinitely more agreeable, less expensive, and
more consistent with ray future plans of life. Here, sir,
permit me to Call your attention to some minute particulars
relative only to myself
" ' Neither your friendship nor my own caution can, I
find, protect rae frora the machinations of a powerful and
insidious enemy. To his raalicious insinuations I can alone
irapute that universal coldness with which every persoh in
the least influenced by hira continually avoids rae. Suspi
cions to the prejudice of ray character are infused into the
rainds of all who appear disposed to treat rae with civility.
" ' Attempts have been, and are daily and hourly made
to irritate and render rae discontented with you ; and at the
same time to seduce rae into pursuits which would tend to

LIFE OP JOHN JAY. 217
lessen your good opinion of my honour and morals, the
most infamous falsehoods have been reported, even to your
self, by the sarae perfidious and cruel author. Your secre
tary, Mr. William Carmichael, is the person to whom I
allude. " ' Justly incensed and disgusted at this unprovoked and
inhuman treatment, actuated by the most honourable and
ardent desire of exculpating rayself from aspersions equally
odious and illfounded, and of obtaining sorae degree of
respect araong ray present deluded acquaintances, I have
formed the design of entering, if possible, into the family of
his grace of CriUon, and serving as a volunteer in the in
tended embarkation from Cadiz. The connexions which I
may there form, the reputation which only a decent line of
conduct will inevitably procure, may perhaps convince the
world that malice, not candour, could injure me. Mr. Car
michael at first warraly opposed my intention ; but at
present, for obvious reasons, stimulates me to it with the
most artful appearances of disinterested friendship.
" ' Whether I shall succeed or not is as yet uncertain ; but
whatever may be the event, these considerations maturely
weighed will, I hope, induce you to think more favourably
of the design of your excellency's
" ' Most obedient hurable servant,
" ' L. Littlepage.
" ' His exceUency John Jay.'
" This letter, however, was not such as I wished and
expected it would be, for instead of stating accurately the
facts and transactions he had related to rae respecting Mr.
Carmichael, it for tiie most part deals in general charges,
without adducing the evidence by which they were to be
supported. It was the facts and not Mr. Littiepage's con
clusions from tiiem that I wanted to fix ; but I did not men
tion this to him, lest if he should make any alterations, they
might on some future occasion be imputed to rae.
VOL. I.  F F

218 LIFE OP JOHN JAY.
" Mr. Littlepage soon after went to Minorca, and retumed
with much credit and commendation from the principai
officers on that expedition ; he resuraed his place in ray
faraily, and continued in it until I carae to Paris in the
spring of 1782.
"As I had never received any other letter frora his
guardian but the one above mentioned,- as no remittances
had arrived or seeraed likely to arrive, and my advances
began to run high, I told Mr. Littlepage in the month of
May, 1782, that I could go no further ; that I was going to
Paris, and that he must go to America, from whence, after
arranging his affairs, he raight, if he pleased, return to me.
He begged hard that I would raaintain hira in Spain tUl he
should again state his case to his guardian, and receive his
answer. I at length consented, and allowed him untU the
month of March following, promising that I would in the
mean time advance to him for his subsistence at the rate
of fifty guineas a year, provided that he did not again go
into the army.
'' We parted very good friends ; he promised to write to
me, and I to him ; and as, from his visiting and being well
received by some of the first peqple, it was likely he raight
pick up some useful intelligence, I gave him a cipher.
" In the spring of the year 1784, Mr. Carmichael came
to Paris to assist in settling the public accounts ; when that
business was finished, and I just about leaving Paris for
America, he came to my house, and we went together into
my private office. He expressed in a very handsome
manner the uneasiness he experienced frora the coolness
which had unhappUy existed between us, and wished that
aU cause for its further continuance raight be reraoved by
a free and friendly explanation. We accordingly entered
into it with great temper, and discussed a variety of matters
which are foreign to the present subject. I neither showed
nor raentioned to hira Mr. Littiepage's letter, nor any of its
contents. In the course of the conference he mentioned

LIPE OP JOHN JAY. 219
bim, and intimated that he had good reason to believe that
Mr. Littiepage had played a double game between us ; that
after I had left Madrid, he had taken him into his house and
lent him money ; and that Mr. Littlepage had told him many
things to my disadvantage, which to him appeared very
extraordinary and improbable ; and, among others, that I
had left him at Madrid expressly to he a spy upon hiin (Mr.
Carmichael), and had given him a cipher for the purpose
of enabling him to convey to me his advices more safely
and securely. I assured i\Ir. Carmichael that it was, what
I now raost solemnly declare it to be, a most impudent
and most execrable falsehood ; and he did not hesitate to say
that he really believed it to be so ; and had there been no
other questions between us but what arose fi-om the tales
of this double dealer, that conference would have ended all
our differences, for we both agreed that no credit was due to
Ms reports. But although I made no scruple of telling Mr.
Carmichael that his suspicions of liis double dealing tricks
were weU founded, yet I stUl forbore to mention or show
him Littiepage's letter ; for I could not prevaU upon myself
by such a decisive and fatal stroke to destroy a plant which
with a friendly hand I had been accustomed to water and
protect ; and which it was possible, though not probable,
might one daj^ produce better fruit.
" I have, however, often since thought that I permitted
ray delicacy to carry rae too far on that occasion, and that
the justice due both to Mr. Cai-michael and the world called
upon me to raake this man as contemptible in their eyes as,
if he has any grace left, he must be m his o-wn. His
remaining at Madrid was his scheme, not raine, for I wanted
hira to go to America.
" In his letter to liis guardian, of 15th May, 1782, of
which I have a copy, he says — ' Since my last of the 25th
ult., Mr. Jay has received a summons to France, and wUl
in consequence leave jMadrid immediately. As no object
private or pohtical, could justify my undertaking so expensive

220 LIFE OF JOHN JAY.
a journey under ray present circum stances, especially con
sidering Mr. Jay's uncertain stay there,! have resolved,
with his concurrence, to reraain here till the month of March
next, when I shall return to Araerica, if your surprising
and unaccountable silence stiU continues. He will advance
as ray exigencies raay require, not exceeding fifty guineas
per year, frora the tirae of his departure till next March.'
" As, therefore, his reraaining at Madrid was his own
resolution, and to which I did not consent but with great
reluctance, after long and strenuous iraportunity on his part
the raan sinned against the raost clear convictions of his own
mind when he wickedly said ' that I had left him there to be
a spy upon Mr. Carmichael.'
" Had he been tempted to it by great provocation, it
might have been some little palliation ; but after having
parted with rae in a. friendly raanner, to go with ray raoney
in his "pocket, and ray raeat stUl sticking in his teeth, to
traduce and abuse rae by such an atrocious falsehood ; and
to a raan whora he hiraself had under his hand represented
as one of the most vile, — and then to enter into the doors of
that very man, and there smilingly enjoy his munificence
and hospitality, is, to be sure, a stretch, a degree, a sublima
tion of corruption and depravity of which I have never
known another instance (except perhaps in the character
of lago), and I pray God I never raay.
" The candid and impartial public, before whom I stand,
wUl, I am persuaded, think with me, that to such a one no
compliments were due, and consequently that I have not
acted a dishonourable part in arresting him without pre
vious notice or ceremony.
" It remains that I should now answer to the last accu-.
sation brought against me by this false accuser, viz.
" That I did not despatch his business referred to me by
Congress so soon as I ought to have done. Such a charge,
if well supported, is a very serious one. When a public
officer, high in trust and confidence, and sworn faithfully

LIFE OP JOHN JAY. 221
to do the duties of his office, unnecessarUy delays despatch
ing the business of a raan he does not like, raerely to injure
and perplex that raan, he certainly is guilty of a very
unwarrantable abuse of his station, and merits, not only
censure, but punishraent. The facts are as follows.
" In the evening of the 25th November, I received at my
house Mr. Littiepage's letter of that day, with the papers
raentioned in it.
" In the raorning of the next day, viz. of the 26th Novera
ber, I transraitted thera to Congress.
" On the 30th Noveraber they were pleased to refer thera
to me to report, and they were brought to my office late in
the afternoon, after I had left it.
" On the next day, viz. 1st December, I immediately set
about framing my report, wrote to Mr. Littlepage for cer
tain inforraation, and on receiving it proceeded to finish the
report, though very late in the day ; and directed it to
be copied, so that it raight be sent to Congress the next
raorning. " On the 2d Deceraber the report was copied and trans
raitted to Congress between 12 and 1 o'clock. It never
theless carae too late to be read that day, for they had
already adjourned ; but that was not ray fault.
" Whether this report savours of personality, or whether
it bears the most distant marks of a dispute between him
and rae, I submit to the judgraent and candour of that hon
ourable body.
" The truth really is, that though I was then exceedingly
pressed by other business, and particularly the necessity of
preparing despatches to go by the vessels then about to
sail, and the packets soon expected to sail, yet the terras
on which I stood with Mr. Littiepage induced rae to post
pone all business till his should be despatched ; in order
that, by avoiding all delays, there might be no roora what
ever for the imputations which, with somuch effiontery and
injustice, he nevertheless labours to fix upon rae.

222 LIFE OF JOHN JAY.
" I admit that Mr. Littlepage wrote me a letter vnthdraw-
ing his application, and desiring me to give him the letters
which he had brought, and which were directed to his
excellency the President of Congress. Those letters were
not then in my possession ; they had, according to the usual
practice in such cases, been returned, with my report, to
Congress, and of this I informed him by letter ; but had
they been yet in my office, I should not have thought rayself
authorized to give thera to anybody without an order from
Congress. " Thus I have answered particularly, and I hope satisfac
torily, to the several charges brought against me. But
unless his future ones should be supported by better evi
dence than his word, I shall not, though I have further
proofs of his corruption in my power, think it necessary or
proper to give the public or myself any further trouble
about hira or his inventions. " John Jay."
Three days after this, Littlepage published a long and
abusive answer, and then left the country in the French
packet ; having first deposited with his bail money to pay
the debt.
Mr. Jay, not long after, published a paraphlet containing
a voluminous correspondence that had passed between him
self and his assailant. Seldom, if ever, has an attack tended,
in its result, to elevate the character of him against whom
it was directed so much as in the present instance. The
correspondence exhibited in such strong and unequivocal
colours, both the benevolence and forbearance of the ac
cused, and the ingratitude and turpitude of the accuser,
that in aU the subsequent assaults made upon Mr. Jay by
his political opponents, they never thought it prudent, in a
single instance, to revive the recollection of Littiepage's
charges. This headstrong young man insisted on entering the

LIFE OF JOHN JAY. 223
Spanish service ; and Mr. Jay. finding aU remonstrances
vain, advanced to him, from his o-wn pocket, the pay of a
Spanish captam for six months, and 8300 in addition for
extra expenses. This hberahty, however, did not satisfy
the young volunteer, who had scarcely arrived at his des
tination before he demanded permission to draw upon his
patron at discretion. This was of course refiised, but
nevertheless bUls dra-wn by Littlepage were soon presented
to Mr. Jay for payment the fimds already advanced ha-ving
been quickly dissipated by foUy and extravagance. Mr.
Jay declined honouring these bUls. and in consequence
received many most insulting letters from his protege.
The foUo-wing extract from a reply to one more than ordi
narily abusive, affords ample proof of the kindness and
forbearance with which tiiis misguided young man was
treated. " Your letter renders it improper for me to attend further
to your situation, than to offer you a retreat from your dis
tresses. You may, if you please, resume your former place
in my famUy, tUl either inchnation or interest may induce
you to quit it. My future behaviour to you -wUl be regu
lated by the opinion you may give me reason to entertain
of the propriety' of your o-wn. On being informed that this
ofler is acceptable to you, I wUl provide for the expense of
your journey. I hope your answer -wUl be conceived in
terms proper for you to use, and for me to receive : and
that you -will not. by a repetition of insults, reduce me to
the necessity of lea-^-ing your subsequent letters, not only
unanswered, but unopened."
Littiepage's distresses at last repressed his insolence, and
on the first indication of a returning sense of decency, Mr.
Jay supphed hini -with money to bear his expenses to
Madrid, and once more received him -nithin his doors. In
1783 Littlepage repaired to Paris, and asked to be appointed
the bearer of the definitive treaty to America. Another
person received the appointment on which Littiepage chal-

224 LIPE OP JOHN JAY.
lenged Mr. Jay to a duel. The challenge charged him
with duphcity respecting the appointment. This charge
being disproved by Mr. Adaras, Littlepage was induced to
beg Mr. Jay's pardon.
It may perhaps be thought singular, that Mr. Jay should
have deemed it necessary to vindicate hiraself frora the
caluranies of such a man. His reasons are given in the
conclusion of the pamphlet : — " Mr. Jay regrets the neces
sity he found himself under of troubling the public or him
self with any remarks on Mr. Littlepage or his composi
tions. Had he and they not been patronised by persons of
raore importance than himself, and had it not been probable
that some of the nuraerous and tale-telUng raeraoirs which
wUl appear in the next century, would have related his
caluranies as veritable facts and anecdotes, both they and
their author would have been treated with silent neglect.
Although at that period it will be indifferent to Mr. Jay
whether good or evil be, and continue to be spoken of him,
untU the great day when truth will triumph ; yet as his
character will always be interesting to his family and pos
terity, he thinks it his duty, not only to take care that the
principles and raotives of his conduct be pure and virtuous
for his own sake, but also that his reputation continue fafr
and spotless for their sake."
Sorae of the foUowing letters explain the above allusion
to Littiepage's patrons.
"to THOMAS JEFFERSON, PARIS.
" New-York, 9th December, 1785.
"Dear Sir,
" Frora the public papers which will go by the packet,
you wiU perceive that a very indecent attack has been made
upon me by a Mr. Littlepage, who was formerly in my
family, and frora whom I merit better things. It has so
happened, that among the few eneraies I have, the far

LIFE OP JOHN JAY. 225
greater part are men on whom I have conferred essential
benefits. " This young man does not stand single. I have no
reason to suspect that he is supported by more than one
single American. It has been remarked to me from many
quarters, that the persons who have stood behind him in
this business are Frenchmen. ^Vhat could have been thefr
¦^¦iews can only be a matter of conjecture. Whatever may
be the sentiments of their court respecting me, I am per
suaded that such conduct wiU not recommend them to their
minister, of whose good sense and respect for propriety I
entertain too good an opinion, to suppose that such exertions
of zeal can meet with his approbation.
" It has not escaped the notice of many, that the saUing
of the packet has been delayed several days, although the
wind was verv- fafr, and until to-morrow, when a very
abusive publication against me no-win the press is to make
its appearance early in the morning. What motives influ
enced this delay is apparent to me from certain cfrcum
stances not proper for me to mention, because communicated
to me in confidence.
" I shaU send soon a duphcate of this by a safe opportu
nity ; if you receive this, please to inform me of it by the
first opportunity. •• I am, dear sfr,
¦• With great and sincere esteem and regard,
•' Your most obedient and very humble servant
" John Jay."
" to john adams, london.
" New-York, 2d Feb., 17S6.
" Dear Sir,
' I lately -wrote you a few hasty lines just as the vessel
was departinsr, and enclosed a pamphlet containing my cor
respondence with a Mr. Littiepage, who was formerly in
my famUy.
VOL. I. — G g

226 LIFE OP JOHN JAY.
*' The attack which produced that pamphlet was not only
countenanced, but stimulated by some of the subjects of our
good aUy here. It is no secret to either you or me that I
am no favourite with thera, nor have I any reason to appre
hend that they are pleased to see me in the place I now
fill. A minister whose eye is single, and steadily fixed on
the interest of America, must Cxpect to be opposed by the
unfriendly influence of those whose wishes and measures
he does not proraote.
" I should have treated this attack with silent contempt,
had not false facts been urged, propagated, and impressed
with industry and art ; and which, if not exposed and
refuted, might have appeared after ray death in the memofrs
of sorae ofthese people.
" With great and sincere esteem and regard,
" I am, dear sir,
"Your friend and servant,
"John Jay."
" from THOMAS JEFFERSON. "Paris, Jan. 25th, 1786.
" Dear Sir,
" I received on the 18th instant your private favour of
December. 9th, and thank you for the confidence you are so
good as to repose in rae, of which that communication is a
proof ; as such it is a gratification to me, because it raeets
the esteera I have ever borne you. But nothing was needed
to keep ray raind right on that subject, and, I beheve I raay
say, the public mind here. The sentiments entertained of
you in this place are too respectful to be easily shaken.
The person of whom you speak in your letter arrived, here
on the 19th, and departed for Warsaw on the 22d. It is
really to be lamented that after a public servant has
passed a life in important and faithful services-r— after hav
ing given the most plenary satisfaction in every station, — it
should yet be in the power of every individual to disturb

LIFE OP JOHN JAY. 227
his quiet, by arraigning him in a gazette, and by obliging
him to act as if he needed a defence — an obligation imposed
on him by unthinking rainds which never give theraselves
the trouble of seeking a reflection uidess it be presented
to them
" Your quiet may have suffered for a raoraent on this
occasion, but you have the strongest of all supports, that of
the public esteem ; it is unnecessary to add assurances of
that -with which I have the honour to be, dear sir,
" Your most obedient
" And raost hurable servant,
" Th. Jefferson."
" to john jay.
" Grosvenor-square, Feb. 14th, 1786.
" Dear Sir,
" I have received your letter, enclosing two pamphlets ;
one of which I have sent to Mr. Jefferson by Colonel Hum
phreys, who sets out for Paris this morning.
" These letters will be sufficient to show any raan of
coramon decency the characters of the writers. On one
side there is the condescension of a provident but indul
gent father ; on the other, the irapertinence and ingratitude
of a prodigal son, not yet reduced to the raortification of
eating husks with the swine.
" What with the irapudence of sorae of our young raen,
who, like Littlepage, are natives of Araerica ; and what
-with the assurance of some others, who assume the Ameri
can character with less pretensions to it — our country suf
fers very much in its reputation.
"The scene to which I was witness is truly and can
didly described, and I have so certified to Mr. Jefferson
and others.
" It is indeed a raortifying consideration, that neither
purity of character, rank in society, nor any degree of
merit or reputation, should be a protection agauist such

228 LIFE OF JOHN Jay.
rude and virulent attacks, which, however despised or
resented by virtuous and judicious men, are commonly
received and applauded, without thinking, hy the profli
gate, and with malignity by the designing. Even such
extravagants as Littlepage, as you and I have known
before, are sometimes cherished and ..courted for the
dehberate, though secret, purpose of doing business which
cannot be done by fafrer raeans.
" In tliis case I rely upon it that no injury will be done
to you. The attempt is too gross.
" With great esteem and affection,
" 1 have the honour to be,
" Dear sir,
" Your friend and servant,
" John Adams."

" TO JOHN JAY.
•"Charleston, March 27th, 1787/
* *. # * - * *
" I thank you for the copy of Mr. Adams's letter.. It
was not wanted to convince me of your integrity. I have
known you from the earliest period of your political life,
and have seen too many proofs of your inflexible attach
ment to justice, and your sacred regard to truth, to be
moved in my good opinion of you by the scurrilous reflec
tions of an impudent and thankless boy. But others may
have formed a less worthy opinion, In this part of the world,
ho-wever, such an Opinion shall not take root. Indeed, the
youth is censured for his ingratitude, wherever the subject
is mentioned. It is trijly, my friend, a melancholy con
sideration, that such returns as you have experienced are
too frequently made for the kindest actions. But, while
they afford a disagreeable picture of human nature, they
heighten the merit of our conduct, by giving to virtue no
other reward than the reflection of having done well, from
the most upright and disinterested raotives. This consola-

LIPE OI" JOHN JAY. 229
tion wiU never leave you, and so lorlg as it remains you
wUl preserve the friendship of those whose .esteem you
value the most. " Adieu, my dear friend,
' " And believe me to be such to you for ever,
'* Ed. Rutledge."
"prom g. mason,' jun. esq.
" Lexington, July 23d, 1787.
" Dear Sir,
" I have lately Seen a pamphlet containing a correspond
ence between you and our Virginia Quixote. I cannot
think it was worth your while to have taken notice of his
publication, though circumstances which I am not ac
quainted with-might have made it necessary. I was much
diverted with one paragraph in his last publication : ' I
abruptly left Richmond towards the last of October.'
Very probable ; for I have been told, he had taken Up
nioney by drawing on fictitious characters in Europe ; and
I presume towards the last of October the bills were re-.
turning," * * * * *
It is now time'to notice the early and consistent- opinions
and conduct of Mr. Jay on the subject of slavery. We
have already seen that it was probably owing fo his. acci
dental absence from the New- York Convention, that the
constitution theu formed did not provide for the extinction
of slavery in that State. In the year 1780, whUe in Spain
he thus wrote to his friend Mr. Benson, the attorney-gene
ral of New- York : —
" The State of New- York is rarely out of my mind
or heart, and I am often disposed to write much re
specting its affairs ; but I have so little information as
to its present political objects and operations, that I am
afraid to atterapt it An excellent, law might be made
out of the Pennsylvania one, for the gradual abolition
of slavery. Till America comes into this measure, her

230 LIFE OP JOHN JAY.
prayers to Heaven for liberty will be irapious. This ig a
strong expression, but it is just. Were I in your Legislature,
I would prepare a bill for the purpose with great care, and
I would never cease raoving it till it becarae a law, or I
ceased to be a raeraber. I believe God governs the world,
and I beheve it to be a raaxira in his, as in Our court, that
those who ask for equity, ought to do it."
The union of principle and practice displayed in the
annexed instruraent wiU, it is hoped, "excuse its insertion in
this place.
" To all to whom these presents shall come or may concern.
I, John Jay, of the city of New- York, in America, Esq.,
but now residing at Chaillot, near Paris, in France, send
greeting. Whereas, in the month of December, in the
year 1779, 1 purchased at Martinico, a negro boy, named
Benoit, who has ever since been with rae :
" And whereas, the children of raen are by nature
equally free, and cannot without injustice be either reduced
to or held in slavery ; and whereas, it is therefore right,
that after the said Benoit shall have served rae until the
value of his services amount to a moderate corapensation
foi- the money expended for him, he should be manuraitted ;
and whereas his services for three years more would, in
my opinion, be sufficient for that purpose. Now, know
-yE, that if the said Beiioit shall continue to serve me with a
common and reasonable degree of fidelity for- three years
from the date hereof, he shall ever afterward be a free man.
And I do, for rayself, my heirs, executors, and adminis
trators, consent, agree, and declare, that aU ray right and
title to the said Benoit shall then cease, deterraine, and
become absolutely null and void, and that he shall thence
forth be as free to aU intents and purposes as if he had
never been a slave. In -witness whereof, I have hereunto
set my hand and seal, at ChaUlot, the 21st day of March,
in the year of our Lord 1784. "John Jay." (l.s.)

LIPE OP JOHN JAY. 231
Early in 1785 a society was forraed in New- York under
the narae of " The Society for proraoting the Manumission
of Slaves, and protecting such of them' as have been or
may be liberated." Of this society Mr. Jay was elected
the president, and notwithstanding the pressure of his public
business, he accepted the office, and actively discharged its
duties. To a gentieraan who informed him that a free negro had
been kidnapped at New- York, and carried to South Carolina
for sale, he wrote :
" I have been favoured with your letter, and immediately
coraraunicated it to the committee of our society for pro
moting the liberation of slaves, and protecting such as may
be manuraitted. They are taking proper measures on the
occasion, and I flatter rayself that our Legislature will inter
fere to prevent such enormities in future.
" It is much to be -wished that slavery may be abolished.
The honour of the States, as well as justice and humanity,
in my opinion, loudly call upon them to emancipate these
unhappy people. To contend for our own liberty, and to
deny that blessing to others, involves an inconsistency not
to be excused. ¦
" Whatever may be the issue of the endeavours of you
and others to promote this desirable end, the reflection that
they are prompted by the best hiotives, affords good reasons
for persevering in them."
The hope expressed in this letter of legislative interference,
was probably founded on a memorial to the Legislature,
draughted , by Mr. Jay, praying for an act prohibiting the
exportation of slaves from the State. The language of the
memorial was strong and unequivocal. It began : " Your
memorialists, being deeply affected by the situation of those,
who, free by the laws of God, are held in slavery by the
laws of this State, view with pain and regret the additional
raiseries which those 'unhappy people experience from the
practice of exporting them like cattle, and other articles

232 LIFE OP JOHN JAY.
of commerce, to the West Indies and the southern
States." But Mr. Jay was, unhappUy, far in advance of public
opinibn on the subject of slavery. It vs)-as only by slow
degrees, and through the patient and persevering efforts of
himself and a few other zealous pioneers, that the obstacles
which retarded the progress of freedom were gradually re
moved, and slavery exterminated from the soil of New- York.
He was permitted by Providence to witness in his old age
this glorious consummation of his early wishes and Jabours-
In 1788 a society in France, and another in England,
formed for promoting the abolition of slavery, opened a
correspondence with the^ New- York society through its
president. The following letter to the English society, was
from his pen.
" Gentlemen,
" Our society has been favoured with your letter of the
1st of May last, and are happy that efforts so honourable
to the nation are making in your country to promote the
cause of justice and humanity relative to the , Africans.
That they who know the value of liberty, and are blessed
with the enjoyment of it, ought not to subject others to
slavery, is, like most other moral precepts, more generally
adraitted in theory than observed in practice. This will
continue to be too much the case while men are impelled to
action Tiy their passions rather than their reason, and while
they are more solicitous to acquire wealth than to do as
they would be done by. Hence it is that India and Africa
experience unmerited oppression frora nations who have
been long distinguished by their attachment to- their civil
and religious liberties ; but who have expended not much
less blood and treasure in violating the rights of others,
than in defending their own. The United States are far
from -being irreproachable in this respect. It undoubtedly
Is very inconsistent with their declarations on the subject of

LIFE OP JOHN JAY. 233
human rights to permit a single slave to be found -within
their jurisdiction, and we confess the justice of your stric
tures on that head.
" Perrait us, however, to observe, that although conse
quences ought not to deter us frora doing what is right, yet
that it is not easy to persuade raen in general to act on that
magnaniraous and disinterested principle. It is well known
that errors, either in opinion or practice, long entertained or
indulged are difficult to eradicate, and particularly so
when they have become, as it were, incorporated in the
civU institutions and domestic economy of a whole .people.
" Prior to the late revolution, the great raajority, or
rather the great body of our people had been so long ac
customed to the practice and convenience of having slaves,
that very few araong thera even doubted the propriety and
rectitude of it. Sorae liberal and conscientious raen had,
indeed, by thefr conduct and writings, drawn the lawfiilness
of slavery into question, and the}^ made converts to that
opinion ; but the nuraber of those converts compared with
the people at large, was then very inconsiderable. Their
doctrines prevailed by ahnost insensible degrees, and was
like the little lump of leaven -which was put into three
measures of meal : even at this day, the whole mass is far
from being leavened, though we have good reason to hope
and to believe that if the natural operations of trutii are
constantiy watched and assisted, but not forced and pre
cipitated, that end we all aira at wiU finally be attained in
this country.
" The Convention who forraed and recommended the
new constitution had an arduous task to perform, especially
as local interests, and in some raeasure local prejudices,
were to be accomraodated. Several of the States con
ceived that resti-aints on slavery raight be too rapid to con
sist with thefr particular circurastances ; and the iraportance
of union rendered it necessary that their wishes on that
head should, in some degree, be gratified.
VOL. I.  H H

234 LIFE OP JOHN JAY.
" It gives us pleasure to inforra you, that a disposition
favourable to our views and wishes prevaUs raore and
more, and that it has already had an influence on our laws.
When it is considered how many of the legislators in the
different States are proprietors of slaves, and what opinions
and prejudices they have imbibed on the subject from their
infancy, a sudden and total stop to this species of oppres
sion is not to be expected.
" We wiU cheerfully co-operate with you in endeavour
ing to procure advocates for the same cause in other coun
tries, and perfectiy approve and commend your establishing
a correspondence in France. It appears to have produced
the desired effect ; for Mons. De Warville, the secretary
of a society for the like benevolent purpose at Paris, is now
here ; and comes instructed to establish a correspondence
with us, and to collect such information as may promote
our common views. He delivered to our society an ex
tract fi-om the minutes of your proceedings, dated 8th of
April last, recommending him to our attention ; and upon
that occasion they passed the resolutions of which the en
closed are copies.
" We are much obliged by the pamphlets enclosed with
your letter, and shall constantly make such communications
to you as may appear to us interesting.
" By a report of the Committee for superintending the
school we have established in this city for the education of
negro children, we find that proper attention is paid to it,
and that scholars are now taught in it. By the laws
of this State, masters may now liberate healthy slaves of a
proper age without giving security that they shall not
become a parish charge ; and the exportation as well as
importation of them is prohibited. The State has also
manumitted such as became its property by confiscation ;
and wc have reason to expect that the maxim, that every
man, of whatever colour, is to be presumed to be free until
the contrary be shown, will prevail in our courts of justice.

LIPE OF JOHN JAY. 235
Manuraissions daUy becorae raore coraraon among us ; and
the treatment which slaves in general raeet with in this
State is very little different from that of other servants.
" I have the honour to be, gentlemen,
" Your hurable servant,
"John Jay,
" President of the Societ-y for Promoting the Manumission of Slaves."
The society neither expected nor attempted to effect
any sudden alteration in the laws relating to slavery, but
its exertions were chiefly directed to the protection of
manumitted slaves, and to the education of coloured chil
dren. Mr. Jay continued at the head of the society until
he becarae chief justice of the United States, when, thinking
it possible that questions might be brought before him in
which the society was interested, he deemed it proper to
dissolve his official connexion with it.
In the year 1798, being called on by the United States
marshal for an account of his taxable property, he accom
panied a list of his slaves with the following observations :
" I purchase slaves, and manumit them at proper ages,
and when their faithful services shall have afforded a rea
sonable retribution."
As free servants became more common, he -was gradu
ally relieved from the necessity of purchasing slaves ; and
the two last which he manuraitted he retained for raany
years in his family, at the customary wages.
1786.] The negotiation between Mr. Jay and the Spanish
minister had been a long time suspended by the confficting
determination of the two governments, respecting the navi
gation of the Mississippi. Congress had expressly ordered
the secretary to stipulate both for the territory claimed by
the United States, and for the navigation of the Mississippi
from its source to the ocean. Mr. Gardoqui, on the other
hand, declared that the king would never permit any nation
to use that river, both banks of which belonged to him, and

23G LIFE OP JOHN JAY.
that the treaty between Great Britain and the United States
could in no way affect his rights. The state of the nego
tiation left to the United States only the alternative of let
ting their claims lie dormant for the present, or of enforcing
them by arms. Under these circumstances. Congress sum
moned the secretary before them on the 3d Septeraber, for
the purpose of learning his views on the subject. He ad
dressed them in a speech, %'shich was reduced to writing and
inserted on their minutes. He informed Congress that
Spain was ready to grant the United States extensive and
highly valuable commercial privileges ; and that it was in
her power, by her influence with the Barbary powers, and
by her intimate connexion with France and Portugal,
greatly to injure the commerce of America and to benefit
that of England. But that at present, the questions respect
ing the Mississippi and the territorial limits prevented any
commercial arrangements whatever ; that his own opinion
of the justice and importance of the claims advanced by tiie
United States had undergone no change ; but that, under
present circumstances, he thought it would be expedient to
conclude a treaty with Spain limited to twenty or tliirty
years, and for the United States to stipulate that they
would, during the term of the treaty, forbear to navigate
the Mississippi below their southern boundary. This opinion
was founded on the consideration, that however important
that navigation might ultimately be, it would not probably
be very essential during the proposed term, and that there
fore it might be good pohcy to consent not to use, for a cer
tain period, what they did not want, in consideration of
valuable commercial concessions.
This consideration was strengthened by the fact, that the
United States could pot at present possess themselves of
this navigation, except by force of arms, and they were not
in a condition at present to go to war with any nation what
ever ; and, raoreover, that a large portion of the confedera
tion would certainly refuse to bear the burden of a war

LIFE OF JOHN JAY. 237
with Spain, for an object in which they were not imme
diately interested.
This speech gave great and lasting offence to the south
ern members of Congress, and a motion was raade to
revoke the commission that had been given to Mr. Jay to
conduct the negotiation. This attempt to disgrace the sec
retary was supported by every delegate from the southern
States, with a single exception, and was defeated by the
unanimous vote of all the other members.
It is interesting to compare the consistency of Mr. Jay
on this subject, with the fluctuating policy of those who
now reprobated the advice he had given.
We have seen that his conviction of the future import
ance of the navigation of the Mississippi was so strong, that
there was but one equivalent which he was at any time
wUling to receive for it; and this was, the independence of
his country. While the result of the conflict was doubtful,
and while Spain was at peace with England, he was dis
posed to relinquish this right on condition that Spain would
acknowledge the independence of the United States, and
make common cause with them in supporting it. But after
Spain had engaged in the war for objects of her own, and
after the victories in America had placed the independence
of the country beyond hazard, there was nothing that Spain
could offer, for which he would have bartered this import
ant right. Far different, however, was the estimate which
the southern States then placed on their claim to this naviga
tion. So late as the 15th February, 1781, after a British
array had been captured — after France had not only entered
into an alliance with the United States, but had furnished
them with large supplies of money and military stores —
after her arraies and fleets had co-operated with the Ameri
can forces, — and after Spain had been added to the enemies
of Britain, Congress, at the instance of the Virginia delega
tion, ordered Mr. Jay to make a formal surrender of the
right to navigate the Mississippi, frora the 31° of north

238 LIFE OF JOHN JAY.
latitude to the ocean, on the sole condition that his Catholic
raajesty would permit American citizens to use the river so
far as it bounded their own territory.
It is singular that the delegates frora the same State, after
the delivery of Mr. Jay's speech, should have introduced a
series of resolutions, with a preamble, denying the right of
Congress to suspend the navigation of the river below their
territory by a treaty of comraerce, because that would be
to " dismember the government !"*
The northern and eastern States, by a unanimous vote,
which constituted a majority, acceded to Mr. Jay's views,
and instructed him to make the acknowledgraent by Spain
ofthe territorial liraits of the United States, as flxed by the
treaty of peace, a sine qua non ; and authorized him, if he
found it necessary, to consent to a suspension of the navi
gation of the Mississippi below their southern boundary for
twenty years.
The Spanish rainister, however, would not consent to
any stipulation whatever implying a right in the United
States to the navigation in question. The negotiation was
protracted, but agreeably to Mr. Jay's original expectation,
proved fruitless, and was finally terminated by Mr. Gar-
doqui's return to Europe.
By the treaty of peace Great Britain was bound to with
draw with all convenient speed her armies, garrisons, and
fleets frora every port, place, and harbour in the United
States. Notwithstanding this positive stipulation, various
raihtary posts along the northern and western frontier of
the United States, and within their acknowledged liraits,
continued to be garrisoned by British troops. This infrac
tion of the treaty excited rauch uneasiness in Congress and
among their constituents, and Mr. Adams, the American
minister in London, was directed to present a remonstrance
on the subject to that court. He accordingly, on the 30th
* Secret Journal of Congress, vol. iv. p. 100.

LIFE OP JOKN JAY. 239
November, 1785, addressed a memorial to the ministry,
demanding the immediate reraoval of the garrisons from no
less than seven specified posts in the United States. To
this paper a reply was received, most humiliating to the
United States. The British minister admitted, in the most
explicit terms, that the detention ofthe posts was contrary
to the treaty, and at the same tine declared that it was his
majesty's intention to act in perfect accordance with the
strictest principles of justice and good faith. To reconcUe
this declaration -with his conduct in regard to the posts, the
minister called Mr. Adams's attention to the 4th article of
the treaty, which stipolated " that creditors on either side
should meet -with no lawful impediment to the recovery of
the fiill value in sterling money of aU bona fide debts hereto
fore contracted." He then pointed out various instances in
which British creditors, in manifest -violation of the ar
ticle, were debarred by the laws of several States from re
covering thefr just debts ; and he assured Mr. Adams that
as soon as the United States should evince a disposition
to observe the treaty on thefr part, his majesty would with
out delay manifest a corresponding disposition. This answer
and the documents which accompanied it so incontestably
established the infraction of the treaty by the State Legis
latures, that Mr. Adams was left without a reply, and all
he could do was to transmit the correspondence to Con
gress, by whom it -was referred to the secretary for foreign
affafrs. Neither ilr. Jay's patriotism nor his morality ever per
mitted him to paUiate "wrong, because committed by his
country. On the 13th October he presented to Congress
an elaborate report, in which he entered into a minute ex
amination of the acts of the several States, and showed
conclusively that Massachusetts, Pennsylvania, Viiginia,
South Carolina, and New- York had each been guUty of
violating the provisions of the treaty. He next proceeded
to inqufre whether the conduct of Great Britain herself

240 LIFE OP JOHN JAY.
had justified these acts. " Your secretary," observed the
report, " is about to say unpopular things, but higher mo
tives than personal considerations press him to proceed."
He then aUuded to certain slaves who had eloped from their
masters during the war, and had been carried away by the
British ; they having accepted the protection offered to
them by the royal commanders. He boldly vindicated
the British for keeping their faith with these people ; but
maintained that the spirit of the treaty might and ought
to be fulfilled by the British government paying to the
masters an equivalent in raoney. The report then showed
that the legislative acts, restraining the collection of debts
due to British subjects, continued in force at and frora the
time the treaty was ratified by Congress, which was
several months before it was ratified by England, and of
course, that the first infraction of it was on the part of the
United States. " Under such circumstances it is not a
matter of surprise to your secretary that the posts are
detained ; nor, in his opinion, would Britain be to blame in
continuing to hold them untU America shall cease to impede
her enjoying every essential right, secured to her and her
people and adherents by the treaty.''
He then advised Congress to declare that all laws en
acted by the several States repugnant to the treaty should
be repealed ; and to recommend to the States to pass a
general act for their repeal. He further proposed that Mr.
Adams should be instructed candidly to admit that the
treaty had been violated by the United States ; and that he
should be authorized to conclude a convention with the
British government, by which the latter should be bound to
pay for the negroes taken from New-York, and to surren
der the posts as soon as all legislative acts, inconsistent
with the treaty, should be repealed.
It is delightfiil to see a statesman thus bringing to the
discussion of a great national controversy, and one in which
the interests and passions of his countrymen were involved.

LIFE OF JOHN JAY. 241
that strict and honest adherence to truth and justice which
the moral sense of mankind requfres in the affairs of private
hfe, but which is too frequently, and without censure, dis
pensed -with in politics.
Congress, in accordance with the advice of their secre
tary, caUed on the States to repeal such of thefr laws as
were repugnant to the treaty ; but, unhappUy, they had no
power to enforce the caU. There was no federal judica
ture to which the injured and oppressed foreigner could
appeal for protection against the vindictive and unjust en
actments of the State legislatures — no tribunal that could
set aside, as void, a law that trampled upon the faith of
treaties. The inefficiency of the national government had long
excited in ]Mr. Jay's breast deep and constant apprehen
sion for the honour and welfare of his country. Personally,
he was interested in the continuance of the confederation
in its present form, as he enjoyed the most lucrative and
influential station in the gift of Congress. But personal
considerations never swayed his poUtical opinions or con
duct. His private letters and his reports to Congress bear
ample testiraony to his conviction of the unfitness of the
existing systera to the exigences of a great erapfre, and to
his anxiety to substitute for it a government possessing the
energy requisite to preserve the honour and vindicate the
rights of the nation.
In his speech on the Spanish negotiation, he remarked
that should Congress at present insist on the navigation of
the jNIississippi, " the Spanish posts on its banks would be
strengthened, and that nation would there bid us defiance
with impunity, at least untU the American nation shall
become more really and truly a nation than it is at present.
Fot, unblessed with an efficient govemment, destitute of fiinds,
and without public credit at horae or abroad, we should be
obliged to wait in patience for better days, or plunge into
an unpopular and dangerous war, with very httle prospect
VOL. I.  1 1

242 LIFE OF JOHN JAY.
of terrainating it by a peace either advantageous or
glorious." A proposition to negotiate a loan in Europe being referred
by Congress to the secretary, he reported :
" It appears to your secretary iraproper to open such a
loan, even if the success of it was certain ; because the fed
eral government, in its present state, is rather paternal and
persuasive than coercive and efficient. Congress can raake
no certain dependence on the States for any specific suras, to
be required and paid at any given periods, and consequently
'are not in capacity safely to pledge their honour and faith
for the repayment of any specific sums they may borrow
at any given periods, which must be the case if they should
make this or any other loan."
Not only were Congress unable to coraraand the pecu
niary resources of the country, but they had no power even
to regulate trade, so as to counteract the unfriendly regu
lations of other nations : each State having reserved to
itself the right of iraposing, collecting, and appropriating
duties on its own commerce.
Mr. Jay's correspondence exhibits his views on this
interesting subject. " TO GEORGE WASHINGTON. "New- York, 16th March, 1786.
" Dear Sir,
" Although you have wisely retired from pubhc employ
raents, and calmly view from the temple of fame the various
exertions of that sovereignty and independence which Provi
dence has enabled you to be so greatiy and gloriously
instrumental in securing to your country, yet Iam per
suaded that you cannot view them with the eye of an uncon
cerned spectator.
" Experience has pointed out errors in our national gov
ermnent which call for correction, and which threaten to
blast the fruit we expected frora our tree of liberty.

LIPE OP JOHN JAY. 243
The convention proposed by Virginia may do some good,
and would perhaps do more if it comprehended more
objects. An opinion begins to prevail that a general Con
vention for revising the articles of confederation would be
expedient. Whether the people are yet ripe for such a
measure, or whether the system proposed to be attained by
it is only to be expected from calamity and commotion, is
difficult to ascertain. I thinlc we are in a delicate situation,
and a variety of considerations and circumstances give me
uneasiness. " It is in contemplation to take raeasures for forming a
general convention ; the plan is not raatured. If it should
be well concerted and take effect, I am fervent in my wishes
that it raay coraport with the hne of Ufe you have raarked
out for yourself to favom- your country with your counsels
on such an iraportant and signal occasion. I suggest this
raerely as a hint for consideration, and ara,
" With the highest respect and esteera,
" Dear sir,
" Your most obedient and very hurable servant,
"John Jay."
prom general washington.
" Mount Vernon, 18th May, 1786.
" Dear Sir,
" In due course of post I have been honoured with your
favours of the 2d and 16th of March, since which I have
been a good deal engaged, and pretty much from home.
" I coincide perfectly in sentiraent with you, my dear
sir, that there are errors in our national government which
call for correction, — loudly I wUl add : but I shall find myself
happUy mistaken if the reraedies are at hand. We are
certainly in a delicate situation ; but ray fear is, that the
people are not yet sufficiently misled to retract from error !
To be plainer, I think there is raore wickedness than igno
rance raixed with our councUs. Under this impression, I

244 LIFE OP JOHN JAY.
scarcely know what opinion to entertain of a general Con
vention. That it is necessary to revise and amend the
articles of confederation, I entertain no doubt ; but what
may be the consequences of such an attempt is doubtful.
Yet something must be done, or the fabric must fall ; it cer
tainly is tottering ! Ignorance and design are difficult to
combat. Out of these proceed illiberality, improper jeal
ousies, and a train of evils which oftentimes in republican
governraents must be sorely felt before they can be reraoved.
The forraer, that is ignorance, being a fit soU for the latter
to work in, tools are employed which a generous raind
would disdain to use, and which nothing but time and their
own puerile or wicked productions can show the inefficacy
and dangerous tendency of I think often of our situation,
and view it with concern. From the high ground on which
we stood, from the plain path which invited our footsteps,
to be so fallen ! so lost ! is really mortifying. But virtue, I
fear, has in a great degree taken its departure from our
land, and the want of disposition to do justice is the source
ofthe national erabarrassments ; for under whatever guise or
colourings are given to them, th's I apprehend is the origin
of the evUs we now feel, and probably shall labour under
for some time yet.
" With respectful compliments to Mrs. Jay, and senti
raents of sincere friendship, " I am, dear sir,
" Your most obedient and humble servant,
" Geo. Washington."
" to general WASHINGTON.
"Philadelphia, 27th June, 1786.
" Dear Sir,
" Being deputed by the Church Convention of New- York
to attend a general one convened here, I brought with me
your obliging letter of the 18th ult., that I might devote the
first leisure hour to the pleasure of answering it.

LBPE or JOHN JAT. '245
** Coi^ress faavii^ freed die papers, of which the enclosed
are capes, from frgonctioits of ^crecy, and permitted the
del^ales to make and send extracts from them to thefr
di&rent States, I think myself at liberty- to trananit copies
to TOIL These papers have been referred to me ; some of
the &cts are inacciiTately stated, and impropeiiy Cfdomed,
but it is too true that the treaty has been vicdated. On
swA occasions I think it better feiriy to confer and correct
errors, than attonpt to decCTve ourselves and others by
faBsaoas, tfaoa^ plan^Ie, palliations and excuses. To
impose popular prejudices, to censure tbe proceedings and
expose the improprieti^ of states, is an unpleasant task,
bat it most be done. Oar affiurs se^n to lead to some
crisis, stxne revolotion, somethiiig tl^t I cannot foresee or
OHiiectaie — ^I am aneasy and apprehenave ; more so than
daring the -war. Then -we had a fised object and though
the means and time of obtaining it -were ofien problranatical,
yet I did firmly believe we shoald nltimatftly succeed, be
cause I -was conviiiced that justice was with us. The case
is now altered : we are ^oing and doing -wrongi and there
fore I look forward to evils and calamities, bat withoot being
able to guess at the instrument, nature, or measure of them.
" That we shall again recover, and things again go well,
I have no doubt .Such a variety of cfrcuoistances would
not, almost ndraculously, have ctHiibined to liberate and
make us a nation, for transient and unimportant purposes.
I therefore believe that we are yet to becmne a great and
respectable people ; but when, or how, the spirit of projdiecy
only can disceriL
" There doubtless is much reason to think and to say that
we are -wofiiUy, and in many instances, widcedly misled.
Private rage for property suppresses public considerations,
and personal, rather than national interests, have become
the great objects of attention. Bepresentative bodies wUl
ever be :&ithfiil copies of thefr originals, and generally ex-

246 LIFE OP JOHN JAY.
hibit a checkered asserablage of virtue and vice, of abUities
and weakness.
" The mass of men are neither wise nor good, and the
virtue, like the other resources of a country, can only be
drawn to a point and exerted by strong circurastances ably
managed, or a strong government ably adrainistered. New
governraents have not the aid of habit and hereditary
respect, and being generally the result of preceding turault
and confusion, do not iramediately acquire stabUity or
strength. Besides, in times of comraotion, sorae raen wUl
gain confidence and importance, who merit neither ; and
who, like pohtical mountebanks, are less solicitous about
the health of the credulous crowd, than about making the
most of their nostrums and prescriptions.
" New- York was rendered less federal by the opinions
of the late President of Congress. This is a singular,
though not unaccountable fact — indeed, huraan actions are
seldom inexplicable.
" What I most fear is, that the better kind of people, by
which I mean the people who are orderly and industrious,
who are content with their situations, and not uneasy in
their circumstances, will be led by the insecurity of prop
erty, the loss of confidence in their rulers, and the want of
public faith and rectitude, to consider the charras of liberty
as iraaginary and delusive. A state of fluctuation and un
certainty raust disgust and alarra such men, and prepare
their minds for alraost any change that raay promise thera
quiet and security.
" Be pleased to raake ray corapllments to Mrs. Washing-
;ton, and be assured that I ara,
" With the greatest respect and esteem,
" Dear sfr,
" Your obedient and humble servant,
"John Jay."

LIFE OP JOHN JAY< 247

PROM GEORGE WASHINGTON.
" Mount Vernon, 15th Aug., 1786.
" Dear Sir,
" I have to thank you very sincerely for your interesting
letter of the 27th of June, as well as for the other commu
nications you had the goodness to make at the same time.
" I am sorry to be assured, of what indeed I had little
doubt before, that we have been guilty of violating the
treaty in some instances. What a misfortune it is, that
Britain shoidd have so well grounded a pretext for its
palpable infractions ! and what a disgraceful part, out of
the choice of difficulties before us, are we to act !
" Your sentiments, that our affairs are drawing rapidly
to a crisis, accord with my own. What the event will be
is also beyond the reach of my foresight. We have errors
to correct. We have, probably, had too good an opinion of
human nature in forming our confederation. Experience
has taught us, that men -will not adopt, and carry into exe
cution, raeasures the best calculated for their own good,
without the intervention of a coercive power. I do not
conceive we can exist long as a nation, without having
lodged somewhere a power which wUl pervade the whole
Union, in as energetic a manner as the authority of the
different State governments extends over the several States.
" To be fearful of vesting Congress, constituted as that
body is, with araple authorities for national purposes, appears
to me the very climax of popular absurdity and madness.
Could Congress exert thera for the detriment of the public
without injuring themselves in an equal or greater proportion ?
Are not their interests inseparably connected with those of
their constituents ? By the rotation of appointraent, raust
they not mingle frequentiy with the mass of citizens ? Is
it not rather to be apprehended, if they were possessed of
the powers before described, that the individual raerabers
would be induced to use them, on many occasions, very
timidly and inefficaciously for fear of losing their popularity

848 life of JOHN JAY.
and future election ? We raust take human nature as we
find it. Perfection falls not to the share of mortals. Many
are of opinion, that Congress have too frequently made use
of the suppliant, humble tone of requisition in applications
to the States, when they had a right to assume their impe
rial dignity, and coraraand obedience. Be that as it raay,
requisitions are a perfect nihility, where thirteen sovereign,
independent, disunited States are in the habit of discussing
and refusing corapliance with them at their option. Requi
sitions are actually little better than a jest and a by-word
throughout the land. If you tell the Legislature they have
violated the treaty of peace, and invaded the prerogatives
of the confederacy, they will laugh in your face. What,
then, is to be done ? Things cannot go on in the sarae train
for ever.
" It is rauch to be feared, as you observe, that the better
kind of people, being disgusted with the circumstances, will
have their minds prepared for any revolution whatever.
We are apt to run from one extreme into another. To
anticipate and prevent disastrous contingencies would be
the part of wisdora and patriotism.
" What astonishing changes a few years are capable of
producing ! I am told that even respectable characters
speak of a raonarchical form of government without horror.
From thinking proceeds speaking; thence to actionis often
but a single step. But how irrevocable and treraendous !
What a triumph for the advocates of despotism to find that
we are incapable of governing ourselves, and that systems
founded on the basis of equal liberty are merely ideal and
fallacious ! Would to God that wise raeasures raay be
taken in time to avert the consequences we have but too
much reason to apprehend.
" Retired as I am from the world, I frankly acknowledge
I cannot feel myself an unconcerned spectator. Yet, having
happily assisted in bringing the ship into port, and having
been fairly discharged, it is not my business to embark

life op JOHN JAY. 249
again on a sea of troubles. Nor could it be expected that
my sentiments and opinions would have much weight on
the minds of my countrymen. They have been neglected,
though given as a last legacy in the most solemn raanner.
I had then perhaps some claims to public attention. I con
sider myself as having none at present.
" With sentiments of sincere esteem and friendship,
" I am, my dear sir,
" Your most obedient and
"Affectionate humble servant,
" Geo. Washington."
" to john adams, london.
"New- York, 4th May, 1786.
"Dear Sir,
" I have been favoured with your letter, in which you
mention Mr. Warren. Your opinion of that gentleman,
added to the raerits of his famUy, cannot faU to operate
powerfully in his favour. I have communicated that letter
to Mr. King, an able and valuable delegate from Massa
chusetts, who, I have reason to think, wishes well to you,
and to all who, like you, deserve well of their country.
"Our friend Gerry has retired from Congress with a
charming, amiable lady, whom he married here. I regret
his absence ; for he discharged the trust reposed in him
with great fidelity, and with more industry and persevering
attention than many are distinguished by. Mr. King has
also married a lady of merit, and the only child of Mr.
Alsop, who was in Congress with us in 1774. I am pleased
with these intermarriages; they tend to assimilate the
States, and to proraote one of the first wishes of ray heart
viz. to see the people of America become one nation in
every respect ; for, as to the separate legislatures, I would
have them considered, with relation to the confederacy, in
the same light in which counties stand to the State of which
VOL. I.  K K

250 LIPE OP JOHN JAY.
they are parts, viz. raerely as districts to facUitate the pur
poses of domestic order and good government.
" With great and sincere regard,
" I ara, dear sir,
" Your friend and servant,
"John Jay."
"to thomas jefferson, paris.
"New-York, 18th August, 1786.
"Dear Sir,
" It has happened, frora various circurastances, that sev
eral reports on foreign affairs still lay before Congress un
decided upon. The want of an adequate representation for
long intervals, and the multiplicity of business which pressed
upon them when that was not the case, have occasioned
delays and oraissions which, however unavoidable, are rauch
to be regretted. It is painful to rae to reflect, that although
my attention to business is unremitted, yet I so often expe
rience unseasonable delays and successive obstacles in ob
taining the decision and sentiments of Congress, even on
points which require despatch. But so it is ; and I raust
be content with leaving nothing undone that may depend
upon me.
" I have long thought, and become daily raore convinced,
that the construction of our federal government is funda
mentally wrong. To vest legislative, judicial, and execu
tive powers in one and the same body of raen, and that, too,
in a body daily changing its members, can never be wise.
In my opinion those three great departments of sovereignty
should be for ever separated, and so distributed as to serve
as checks on each other. But these are subjects that have
long been familiar to you, and on which you are too well
inforraed not to anticipate every thing that I raight say on
thera. " I have advised Congress to renew your commission as

LIFE OP JOHN JAY. 251
to certain powers. Our treasury is iU supplied — some
States paying nothing, others very littie ; the ira post not
yet established ; the people generally uneasy in a certain
degree, but without seeming to discern the true cause, viz.
want of energy both in state and federal governments. It
takes time to make sovereigns of subjects.
" I am, dear sir,
" Your most ob't. and very hurable serv't.
"John Jay."
" to thomas jefferson, paris.
" Office for Foreign Affairs, 14th Dec. 1786.
" Dear Sir,
^' The situation of our captive countryraen at Algiers is
much to be laraented, and the raore so as their deliverance
is difficult to efl'ect. Congress cannot command raoney for
that, nor indeed for other very iraportant purposes ; their
requisitions produce little, and governraent (if it may be
called a government) is so inadequate to its objects, that
essential alterations or essential evils must take place.
If our government would draw forth the resources of the
country, which, notwithstanding all appearances to the con
trary, are abundant, I should prefer war to tribute ; and
carry on our Mediterranean trade in vessels armed and
manned at the pubhc expense. I daily become more and
more confirraed in the opinion, that government should be
divided into executive, legislative, and judicial departments.
Congress is unequal to the first, very fit for the second, and
but UI calculated for the third ; and so much tirae is spent
in deUberation, that the season for action often passes by
before they decide on what should be done ; nor is there
much raore secrecy than expedition in their measures.
These inconveniences arise, not from personal disquali
fications, but from the nature and construction of tlie gov
ernment

252 LIFE OF JOHN JAY.
" If Congress had money to purchase peace of Algiers,
or to redeem the captives there, it certainly would, accord
ing to their present ideas, be well to lose no time in doing
both ; neither pains nor expense, if within any tolerable
limits, should be spared to ransom our fellow-citizens. But
the truth is, that no money is to be expected at present from
hence ; nor do I think it would be right to make new loans
until we have at least some prospect of paying the interest
due on former ones.
"Our country is fertile, abounding in useful productions,
and those productions in demand and bearing a good price ;
yet relaxation in government and extravagance in indi
viduals create much public and private distress, and much
public and private want of good faith.
"The pubhc papers wiU tell you how rauch reason we
have to apprehend an Indian war, and to suspect that
Britain instigates it. In ray opinion, our Indian affairs have
been ill managed. Deta,ils would be tedious. Indians have
been murdered by our people in cold blood, and no satis
faction given ; nor are they pleased with the avidity with
which we seek to acquire their lands. Would it not be
wiser gradually to extend our settlements as want of room
should make it necessary, than to pitch our tents through
the wilderness in a great variety of places, far distant frora
each other, and from those advantages of education, civili
zation, law, and government which corapact settlements
and neighbourhoods afford ? Shall we not fill the wilder
ness with white savages ? — and will they not become more
forraidable to us than the tawny ones which now inhabit it?
" As to the sums of raoney expected from the sale of
those lands, I suspect we shall be deceived ; for, at what
ever price they may be sold, the collection and payment of it '
will not be easily accomplished. " I have the honour to be, &c.
"John Jay."

LIFE OP JOHN JAY. 253
We perceive in these letters raany of those great prin
ciples of governraent which were subsequently incorpo
rated in the constitution of the United States ; and which
distinguished the federal party from that by which it was
opposed. These parties took their origin in the discus
sions which, about this time, arose relative to the defects
of the existing confederation, and the raode of correcting
thera. It was obvious that in proportion as the powers of the
general government were augmented, those of the State
governments would be curtailed, and the importance of
those by whom these govermnents were directed conse
quently diminished. Hence, as Mr. Jay subsequently
remarked, many of the leaders of the opposition to the
federal constitution were such as wished' to be little kings
at home.
Mr. Jay attached himself to the federal party at its
formation, and adhered to its principles with unvarying
constancy to the end of his life.
In one of the preceding letters, he mentions his ap
pointment as a delegate to the general convention of the
episcopal church. An application had been previously
raade to the English bishops to confer episcopal consecra
tion on such persons as raight be sent from America for
that purpose. The answer of the bishops, intimating that
their compliance with the request would depend on certain
proposed alterations in the liturgy of the church, was laid
before the convention. A reply to this answer was sub
mitted by a committee ; but Mr. Jay objected to its sub
missive and reverential tone. He was immediately added
to the committee, and the next day a draught was reported
which received the unanimous approbation of the conven
tion, and which, while it hianifested the courtesy due to the
English bishops, maintained the firmness and dignity be
coraing an independent church.

254 LIPE OP JOHN JAY.
We are induced to insert the following note, -written
about this time, as it tends to raark the character of the
writer. It was in reply to one frora Mr. F. Jay, a cora
mission raerchant, requesting his brother to procure for
him, from Mr. Gardoqui, the sale of a Spanish cargo*, just
arrived. " TO p. JAY, ESQ.
" Dear Frederick,
" My official situation with respect to foreign ministers,
renders it improper for rae to place myself under personal
obligations to any of them, and consequently to request
their personal favours. I flatter myself you wUl perceive
as clearly as I do, the propriety of observing this delicacy,
and therefore that you will impute my declining to apply
to Mr. Gardoqui, on the subject mentioned in your note of
last evening, to that consideration, and not to any reluctance
to serve you ; for as I shall always rejoice in your welfare,
so I shall always regret every obstacle which raay restrain
rae from measures tending to promote it.
" Your affectionate brother,
" John Jay."
1787.] We have seen how long and how deeply Mr.
Jay had deplored the imbecility of the existing government,
and how ardently he had longed for one suited to the wants
of the nation. The tirae was now approaching when his
wishes were to be gratified. In January, 1786, the Legis
lature of Virginia proposed a Convention of delegates, to be
appointed by State Legislatures, and to raeet at Annapolis
the ensuing Septeraber, to devise a uniforra system of cora
mercial regulations, which should be binding on the whole
confederacy when ratified by all the States. It was to this
Convention that Mr. Jay alluded in his letter to General
Washington of the 16th March, 1786. " The Convention

LIFE OF JOHN JAY. 255
proposed by Virginia may do sorae good, and would per
haps do more if it comprehended more objects."
The Umited object of the Convention failed to excite
general interest, and the required unanimity of thirteen
States prevented much effort to secure what was supposed
to be unattainable. Only five States were represented in
the Convention, and their delegates wisely abstained from
taking measures in relation to the subject for which they
had been convened. They, however, took a step which led
to important results. They recoraraended a Convention of
delegates frora all the States, to be held at Philadelphia the
ensuing spring, for revising the articles of confederation.
The following letter to General Washington discloses
Mr. Jay's views of the government he wished estabhshed.
"to GEORGE WASHINGTON. " New-York, January 7th, 1787.
"Dear Sir,
" They who regard the public good with more attention
and attachment than they do raere personal concerns, raust
feel and confess the force of such sentiments as are expressed
in your letter to rae, by Colonel Humphrey, last fall. The
situation of our affairs calls not only for reflection and pru
dence, but for exertion. What is to be done ? is a comraon
question, but it is a question not easy to answer.
" Would the giving any further degree of power to Con
gress do the business? I ara rauch inclined to think it
would not ; for, among other reasons, it is natural to suppose
there will always be raembers who wUl find it convenient
to raake their seats subservient to partial and personal
purposes ; and they who may be able and willing to concert
and proraote useful and national measures, wUl seldom be
unerabarrassed by the ignorance, prejudices, fears, or inter
ested views of others.
" In so large a body, secrecy and despatch wUl be too

256 LIFE OP JOHN JAY.
uncommon; and foreign, as well as local interest, wUl
oppose, and sometimes frustrate the wisest measures.
"Large assemblies often misunderstand or neglect the
obligations of character, honour, and dignity, and will, col
lectively, do or omit things which individual gentiemen, in
private capacities, would not approve. As the many divide
blame, and also divide credit, too little a portion of either
faUs to each man's share to affect him strongly, even in
cases where the whole blame or the whole credit must be
national. It is not easy for those to think and feel as
sovereigns, who have been always accustomed to think and
feel as subjects.
" The executive business of sovereignty depending on so
many wills, and those wills moved by such a variety of
contradictory motives and inducements, wUl, in general, be
but feebly done.
" Such a sovereign, however theoretically responsible,
cannot be effectually so in its departments and officers
without adequate judicatories. I therefore promise myself
nothing very desirable from any change which does not
divide the sovereignty into its proper departments. Let
Congress legislate — let others execute — let others judge.
" Shall we have a king ? not in my opinion, whUe other
expedients remain untried. Might we not have a governor-
general, limited in his prerogatives and duration ? . Might
not Congress be divided into an upper and lower house —
the former appointed for life, the latter annually ; and let
the governor-general (to preserve the balance), with the
advice of a council, formed for that only purpose, of the
great judicial officers, have a negative on their acts ? Our
governraent should, in some degree, be suited to our manners
and circumstances, and they, you know, are not strictly
deraocratical. " What powers should be granted to the government so
constituted? is a question which deserves much thought.

LIPE OP JOHN JAY. 257
I think the more the better ; the States retaining only so
much as may be necessary for domestic purposes, and all
their principal officers, civil and miUtary, being commis
sioned and removable by the national government.
" These are short hints. DetaUs would exceed the liraits
of a letter, and to you be superfluous. A Convention is in
conteraplation, and I ara glad to find your narae among
those of its intended members.
" To me the policy of such a Convention appears ques
tionable. Their authority is to be derived from acts of the
State Legislatures. Are the State Legislatures authorized,
either by themselves or others, to alter constitutions? I
think not. They who hold commissions can, by virtue of
them, neither retrench nor extend the powers conveyed by
them. "Perhaps it is intended that this Convention shall not
ordain, but only recoraraend. If so, there is danger that
their recommendations will produce endless discussions, and
perhaps jealousies and party heats.
"Would it not be better for Congress, plainly and in
strong terms to declare, that the present federal government
is inadequate to the purposes for which it was instituted ;
that they forbear to point out its particular defects, or to
ask for an extension of any particular powers, lest improper
jealousies should thence arise ; but that, in their opinion, it
would be expedient for the people of the States, without
delay, to appoint State Conventions (in the way they choose
their General Assemblies), with the sole and express power
of appointing deputies to a general Convention, who, or the
majority of whom, should take into consideration the articles
of confederation, and make such alterations, amendments
and additions thereto as to them should appear necessary
and proper ; and which beuig by them ordained and pub
lished, should have the same force and obligation which all,
or any of the present articles now have.
" No alteration in the government should, I think, be made,
VOL. I.  L L

258 LIFE OF JOHN JAY.
nor if attempted, wUl easUy take place, unless deducible
fi-om the only source of just authority — the people.
"Accept, ray dear sir, my wannest and most cordial
wishes for your health and happiness, and believe me to be,
" With the greatest respect and esteem,
" Your most obedient servant
" John Jay."
Had the decision of the Convention been made final, as
suggested in this letter, without an appeal to the States, the
subsequent irritation and party struggles which resulted
from the discussions on the constitution would have been in
a great raeasure avoided, and the new governraent would
have gone into operation, unerabarrassed by an organized
opposition irabittered by defeat.
FROM GEORGE WASHINGTON.
« Mount Vernon, March 10th, 1787.
" Dear Sir,
" I am indebted to you for two letters. The first, intro
ductory of Mr. Anstey, needed no apology ; nor wiU any
be necessary on future simUar occasions. The other, of
the 7th of January, is on a very interesting subject deserving
very particular attention.
" How far the revision of the federal system, and giving
more adequate powers to Congress, may be productive of
an efficient governraent, I will not, under ray present view
of the raatter, pretend to decide. That raany inconve
niences result from the present form, none can deny : those
enumerated in your letter are so obvious and sensibly felt,
that no logic can controvert nor is it probable that any
change of conduct wiU remove them ; and that all atterapts
to alter or amend it wUl be like the propping of a house
which is ready to faU, and which no shores can support (as
many seera to think), may also be true.
" But is the public mind matured for such an important

LIPE OF JOHN JAY. 259
change as the one you have suggested ? What would be
the consequence of a premature atterapt ?
" My opinion is, that this country has yet to feel and see
a little raore before it can be accomplished. A thirst for
power, and the bantiing — I had liked to have said monster
— sovereignty, which have taken such fast hold of the
States individually, wUl, when joined by the many whose
personal consequence in the line of State pohtics wUl in a
manner be annihilated, forra a strong phalanx against it ;
and when to these, the few who can hold posts of honour
or profit in the national governraent are corapared with the
raany who will see but little prospect of being noticed, and
the discontents of others who raay look for appointraents,
the opposition would be altogether irresistible, till the raass
as well as the raore discerning part of the community shall
see the necessity.
" Among raen of reflection, few will be found, I believe,
who are not beginning to think that our system is better in
theory than practice ; and that, notwithstanding the boasted
vfrtue of America, it is more than probable we shall exhibit
the last raelancholy proof that raankind are not competent
to their own government, without the raeans of coercion, in
the sovereign. Yet I would fry what the wisdora of the
proposed Convention wUl suggest, and what can be effected
by their counsels. It raay be the last peaceable mode of
essaying the practicabUity of the present form, without a
greater lapse of tirae than the exigency of our affairs wUl
adrait. In strict propriety, a Convention so holden may
not be legal ; Congress, however, raay give it a colouring
by recommendation which would fit it more to the taste,
without proceeding to a definition of powers : this, however
constitutionally it might be done, would not in ray opinion
be expedient ; for delicacy on the one hand, and jealousy
on the other, would produce a raere nihil.
" My narae is in the delegation to this Convention ; but
it was put there contrary to ray desire, and remains con-

260 LIFE OF JOHN JAY.
trary to iliy request. Several reasons at the time of this
appointraent, and which yet exist, combined to make my
attendance inconvenient, perhaps iraproper, though a good
deal urged to it. With sentiments of great regard and
friendship, I have the honour to be,
"Dear sir,
" Your most obedient, and
" Affectionate humble servant,
" George Washington.
" P.S. Since writing this letter I have seen the resolution
of Congress, recommendatory of the Convention proposed
to be held in Philadelphia the 2d Monday in May."
On the 21st February, Congress recommended the pro
posed Convention, and thus ga.ve it a national sanction,
Mr. Jay's official situation requiring his attendance on Con
gress, and that body being in session at New- York at the
very time that the Convention was to meet in Philadelphia,
he was not included in the delegation from the State of
New- York.
On the 17th September the Convention agreed to a
constitution, and Congress ordered it to be submitted to a
Convention in each State. Although this constitution did
not in all respects equal the wishes of Mr. Jay, its supe
riority to the articles of confederation was too obvious to
permit him to hesitate a raoraent in giving it his support.
The opposition soon becarae active and virulent, and it
was studiously inflaraed by gross raisrepresentation. At
this momentous crisis, Mr. Jay united with Mr. Madison
and Colonel Hamilton in an atterapt to enlighten and direct
the public opinion, by a series of newspaper essays under
the title of the Federalist. These papers were not only
circulated throughout the Union by raeans of the periodical
press, but were collected and published in two volumes, and
have since passed through many editions, have been trans-

LIFE or JOHN JAY. 261
lated into French, and stUl form a valuable and standard
commentary on the constitution of the United States.
The first number was published on the 27th October, 1787.
1788.] The year 1788 wUl be long memorable in the
annals of America, for the asperity with which the new
constitution was assailed, the ability with which it was
defended, and the triuraph it finally obtained over its oppo
nents. It is difficult for us at the present day, while expe
riencing the liberty and prosperity conferred by this con
stitution, to credit the ridiculous apprehensions and malig
nant hostility it excited. The people were assured that
the officers of the new government would possess both the
power, and the wiU to trample upon their rights, and to
reduce them to bondage. Sorae conspiracy against liberty
was supposed to be concealed in each article of the con
stitution ; and even raen who aspired to the character of
statesmen vehemently and perhaps honestly contended,
that the powers to be given to the president and senators
would enable them, when once elected, to hold their places
for life. In no part of the confederacy was the opposition
more active and formidable than in the State of New- York.
Except in the city, and one or two of the adjacent counties,
the public opinion was almost unanimous in reprobating
the new plan. Mr. Jay, however, persevered, in conjunc
tion with HamUton and Madison, in vindicating the con
stitution in the nurabers of the Federalist, tiU his labours
were interrupted by an unfortunate accident. In the raonth
of April, the peace of the city was disturbed by a serious
riot, long known as "the doctors' mob," occasioned by
some violations of the grave by persons of the medical
profession. The magistrates found it necessary to confine
certain physicians in prison, to protect them from the fiiry
of the irritated multitude. The mob, finding theraselves
thus disappointed of their vengeance, asserabled the next
day for the purpose of forcing the jail. Mr. Jay, on being

262 LIFE OP JOHN JAY.
informed of what was passing, seized a sword, and with
some other gentlemen, hastened under the conduct of
Colonel Hamilton, to prevent the meditated outrage. The
party were attacked by the mob, and Mr. Jay was struck
with a stone nearly senseless to the ground. He was car
ried home, and confined for some time, in consequence of a
deep and dangerous wound in his temple.
On his recovery, he published, but without his name, an
address to the people of New- York, on the subject of the
constitution. In this pamphlet he did not deny that the pro
posed constitution was imperfect, nor did he enter into any
examination of its general features ; but he proposed for
the consideration of the coraraunity three questions ; viz.
"Whether it is probable a better plan can be obtained?
Whether, if attainable, it is likely to be in season ? What
would be their situation, if, after rejecting this, all their
efforts to obtain a better should prove fruitless ?"
The address rerainded the people, that no second Con
vention could be coraposed of purer patriots, or wiser raen,
than those who had recommended this constitution; and
that another Convention, chosen during the present excited
state of public feeling, would of course consist of partisans,
who representing only their respective parties, could not
be expected to possess the confidence of the community in
a higher degree than the late Convention. It next adverted
to the fact, that many ofthe States had afready accepted the
constitution, and that therefore great difficulties and delays
would be experienced in calling another Convention : and
that thus the evUs arising from the present feeble government
would be prolonged and aggravated. But in case the present
constitution should be rejected, and another be proposed,
and share the sarae fate, the address showed that the exist
ing confederation could not withstand the shock which
such an event would give to the vvhole fabric. " Then to
your tents, 0 Israel, would be the word. Then every

LIFE OF JOHN JAY. 263
State would be a little nation, jealous of its neighbours, and
anxious to strengthen itself by foreign aUiances against its
forraer friends. Then farewell to fraternal affection, un
suspecting intercourse, and rautual participation in cora
raerce, navigation, and citizenship. Then would arise
rautual restrictions and fears ; rautual garrisons and stand
ing armies ; and all the dreadful evils which for so raany
ages plagued England, Scotiand, Wales, and Ireland, while
they continued disunited."
The address was soon attributed to its real author. A
friend in New- Jersey wrote to Mr. Jay: "An address to
the inhabitants of New-York has been received in this State
with great approbation ; nor has the tribute of applause
been withheld from the author, that usually accompanies
his writings : for though through modesty his narae was
concealed, it seeras the well-known style discovered
hira." General Washington reraarked in a letter to Mr. Jay :
" The good sense, forcible observations, teraper, and mode
ration with which the pamphlet is written, cannot fail, I
should think, of making a serious impression upon the anti-
federal mind, where it is not under the influence of such
local views as will yield to no arguraents, no proofs."
To a gentieraan who informed him that Dr. Franklin had
said that if he was the author, it was incumbent on him to
put his name to the address, to give it additional weight at
this alarming crisis, he replied : " I have, considered the
hint suggested in your letter. My long, I may say habitual,
respect for the sentiments of Dr. Franklin, at first inchned
me to adopt them relative to the subject in question. Fur
ther consideration induced me to suspect that he has esti
mated the influence of my opinion beyond its value. If the
reasoning in the paraphlet you allude to is just it will have
its effect on candid and discerning minds ; — if weak and
inconclusive, my name cannot render it otherwise."

264 LIFE OP JOHN JAY.
The Legislature of New- York caUed a Convention to
decide on adopting or rejecting the constitution. The
election of members was held the last of April, and Mr. Jay
was put in nomination for the city. His personal popularity,
as weU as the federalisra of the city, raay be inferred from
the fact that, of 2833 votes given, he received all but 98.
The city delegation were all in favour of the constitu
tion, and presented an unusual array of talents and political
influence. Mr. Jay had for his colleagues the chanceUor
ofthe State, the chief justice, and another judge of the Su
prerae Court, the mayor of the city, and Alexander Hamil
ton. The federal interest was however confined almost
exclusively to the city ; and it was understood soon after
the election that of fifty-seven delegates chosen to the Con
vention no less than forty-six were anti-federalists, — the
narae adopted by those who were hostile to the constitution.
PROM G^IORGE WASHINGTON.
"Mount Vernon, May 15th, 1788.
" Dear Sir,
" Since the elections in this State, little doubt is enter
tained of the adoption of the proposed constitution with us
(if no mistake has been made with respect to the sentiraents
of the Kentucky raembers) ; the opponents to it, I am
informed, are now also of this opinion. Their grand
manoeuvres were exhibited at the elections ; and some of
them, if report be true, were not much to their credit
FaUing in their attempt to exclude the friends to the new
government from the Convention, and baffled in their exer
tions to effect an adjournment in Maryland, they have
become more passive of late. Should South Carolina (now
in session) decide favourably, and the government thereby
(nine States having acceded) get in motion, I can scarcely
conceive that any one of the remainder, or all of thera
together, were they to convene for the purpose of delibera-

LIPE OP JOHN JAY. 265
tion, would (separated from each other as they then would
be in a geographical point of view) incline to withdraw
from the Union with the other nine. With sentiraents of
very great esteem and regard,
" I am, dear sir,
" Your most obedient and
" Affectionate servant,
"Geo. Washington."
" to GEORGE WASHINGTON.
"New- York, 29th May, 1788.
"Dear Sir,
" I was two days ago favoured with yours of the 15th
inst. It gives me pleasure to find that the probabihty of
Virginia's adopting the proposed constitution rather in
creases ; such an event would undoubtedly disarm the
opposition. It appears by recent advices frora Charleston,
that we may count on South Carolina ; and the New-
Hampshire delegates assure rae that their State will corae
into the raeasure. There is rauch reason to believe that
the raajority of the Convention of this State will be com
posed of anti-federal characters ; but it is doubtful whether
the leaders will be able to govern the party. Many in
opposition are friends to union, and mean well ; but their
principal leaders are very far from being solicitous about
the fate of the Union ; they wish and mean, if possible, to
reject the constitution with as little debate and as much
speed as may be. It is not, however, certain that the
greater part of their party wUl be equally decided, or
rather equally desperate.
" An idea has taken air that the southern part of the State
will, at all events, adhere to the Union ; and, if necessary
to that end, seek a separation from the northern. This
idea has influence on the fears of the party. I cannot find
that they have as yet so looked forward to contingent
VOL. I.  ^M M

266 LIFE OP JOHN JAY.
events, or even to those the raost probable, as to have urated
in or forraed any system adapted to them.
" With perfect respect and esteera,
" I ara, dear sir,
" Your affectionate and hurable servant,
"John Jay."
from george washington.
" Mount Vernon, June Sth, 1788.
" Dear Sir,
" By the last mail I had the pleasure to receive your letter
of the 29th May, and have now the satisfaction to congratu
late you on the adoption ofthe constitution by the Conven
tion of South Carolina.
" I am sorry to learn there is a probabUity that the
raajority of raerabers in the New- York Convention wUl be
anti-federalists. StUl I hope that sorae event will turn up
before they asserable which raay give a new coraplexion to
the business. If this State should in the intermediate tirae
make the ninth that shaU have ratified the proposed govern
ment, it will, I flatter myself, have its due weight. To
show that this event is now raore to be expected than
heretofore, I will give you a few particulars which I have
frora good authority, and which you raight not perhaps
immediately obtain through any public channel of con
veyance. " On the day appointed for the meeting ofthe Convention*
a large proportion of the raembers assembled and unani
mously placed Mr. Pendleton in the chair. Having on that
and the subsequent day chosen the rest of their officers, and
fixed upon the mode of conducting the business, it was
moved by sorae one of those opposed to the constitution, to
debate the whole by paragraphs, without taking any ques
tion until the investigation should be corapleted. This was
as unexpected as acceptable to the federalists ; and their

LIFE OF JOHN JAY. 267
ready acquiescence seems to have somewhat startled the
¦opposition, for fear they had comraitted tiieraselves.
" Mr. Nicholas opened the business by very ably advo
cating the system of representation. Mr. Henry, in answer,
went more vaguely into the discussion of the constitution,
intimating that the federal Convention had exceeded their
powers, and that we had been and might be happy under
the old confederation, with a few alterations. This called
up Governor Randolph, who is reported to have spoken
with great pathos in reply ; and who declared that, since
so raany of the States had adopted the proposed constitu
tion, he considered the sense of America to be already
taken, and that he should give his vote in favour of it, with
out insisting previously upon amendraents. Mr. Mason rose
in opposition, and Mr. Madison reserved hiraself to obviate
the objections of Mr. Henry and Col. Mason the next day.
Thus the matter rested when the last accounts carae away.
Upon the whole, the following inferences seem to have been
drawn. That Mr. Randolph's declaration will have con
siderable effect with those who had hitherto been wavering;
that Mr. Henry and Col. Mason took different and awk
ward ground, and by no means equalled the public expecta
tion in their speeches ; that the forraer has probably re
ceded soraewhat frora his violent raeasures, to coalesce
with the latter ; and that the leaders of the opposition
appear rather chagrined, and hardly to be decided as to
their raode of opposition.
" The sanguine friends to the constitution counted upon
a raajority of twenty at their first meeting, which nuraber
they iraagine will be greatly increased ; while those equally
strong in their wishes, but raore teraperate in their habits
of thinking, speak less confidentiy of the greatness of the
majority, and express apprehensions of the arts that may
yet be practised to excite alarras, particularly with the
merabers frora the western district (Kentucky). All, how
ever, agree that the begmning has been as auspicious

268 LIFE OP JOHN JAY.
as could possibly have been expected. A few days wUl
now ascertain us of the result.
" With sentiments of the highest esteem and regard,
" I am, dear sir,
" Your most obedient and
" Affectionate humble servant,
" Geo. Washington.
On the 17th June, the Convention assembled at Pough
keepsie, and Mr. Clinton, 'the governor of the State, and a
decided anti-federalist, was placed in the chair. The char
acter of the Convention was thus depicted by Mr. Jay.
" TO GEORGE WASHINGTON. " Poughkeepsie, June, 1788.
" Dear Sir,
" Your obhging letter of the Sth inst. found me at this
place ; I thank you for the interesting circumstances men
tioned in it. The complexion of our Convention is such
as was expected. They have hitherto proceeded with
teraper and moderation ; but there is no reason to think
that either party has made much impression on the other.
The leaders in opposition seem to have more extensive
views than their adherents, and until the latter perceive
that circumstance they will probably continue combined.
The greater number are, I beheve, averse to a vote of re
jection. Some would be content with recommendatory
amendments ; others wish for explanatory ones to settle
constructions which they think doubtful : others would not
be satisfied with less than absolute and previous amend
raents ; and I ara mistaken if there be not a few who prefer
a separation from the Union to any national government
whatever. They suggest hints of the iraportance of this
State, of its capacity to command terms, of the policy of
its taking its own time, and fixing its own price, &c.: they
intimate that an adjournraent may be expedient, and that

LIFE OP JOHN JAY. 269
it raight be best to see the operation of the new govern
ment before they receive it.
" The people, however, are gradually coming right, not
withstanding the singular pains taken to prevent it. The
accession of New-Hampshire does good, and that of Vir
ginia would do raore.
" With the greatest respect and esteera,
" I am, dear sir,
" Your affectionate and humble servant,
"John Jay."
The time of the Convention was occupied for raore than
three weeks in discussing the constitution, without any
question being taken that could test the strength of the two
parties. In these discussions, Mr. Jay took an active part, and
was ably and zealously seconded by Chancellor Livingston,
Colonel Hamilton, and others. On the Ilth of July, he
moved that the constitution be ratified, and that whatever
amendments might be deemed expedient should be recom
mended. This motion compelled the majority to avow
their intentions ; and it was accordingly modified into a
motion to ratify the constitution " on condition" that certain
specified amendments should be made. Most of these
amendments, many of them evincing a puerile jealousy of
the new governraent, and tending to destroy its energy
and usefulness, were carried by a majority of about twenty
votes. After a long struggle, the words "on condition"
were exchanged for the words " in full confidence" in the
proposed form of ratification, by two votes.
An attempt was then made to reserve to the State the
right of receding from the Union, in case the desired
araendments were not adopted, but it proved unsuccessful.
It was determined to submit these amendments to the
several States, accompanied by a circular letter, and Mr.
Jay was selected to draught the letter. The task assigned

270 life op JOHN JAY.
to hira was a dehcate one. Being hiraself opposed to
alraost all these amendments, he could not of course recom
mend them. He represented thera in the letter as express
ing the opinions and wishes of a majority of the Conven
tion, and urged the propriety of submitting the araendraenta
proposed by each State to the decision of a general Con
vention, from the consideration that " no governraent, how
ever constituted, can operate well, unless it possesses the
confidence and good wUl of the great body of the people."
The candour and fairness of this letter secured for it the
unaniraous assent of the Convention. The final question
on the ratification of the constitution was taken on the 26th
of July ; and the State of New- York becarae a member of
the new confederation by a raajority of three votes. This
happy result, so little anticipated a few weeks before, was
no doubt owing in part to the accession of New-Hamp
shire and Virginia during the session of the Convention,
and which left to New- York the alternative of following
their example, or of being exposed to all the dangers of a
small and defenceless nation, in the raidst of a powerful
confederacy. Much also is to be attributed to the effect of
the reasoning and eloquence of Jay, Harailton, and
Livingston, upon the more moderate and candid of the
opposite party. StiU the fact, that of fifty-seven members,
no less than twenty-seven were desirous to insulate the
State of New-York, and to encounter the hazards resulting
frora a dissolution of the Union, and the erection of petty
and independent sovereignties, rather than accept a con
stitution which has conferred such unexarapled prosperity
on the nation, affords a melancholy instance of the blind
ness and malignity of party spirit.
The news of the ratification was received in the city of
New- York with a general burst of joy. Cannon were
fired, and the bells rung ; and crowds, assembling before
the houses of the delegates, testified their approbation of
their conduct by repeated cheerings.

LIPE OP JOHN JAY. 271

CHAPTER VIII.
1789-94.
Federal Govemment organized — Mr. Jay appointed Chief Justice — Officiates
as Secretary of State — His Charge to the Grand Jury — Attentions to him
on his Circuit — Elected Governor — Votes burnt by Canvassers, who de
clare Mr. Clinton to be Governor — Public Excitement — Honours paid Mr.
Jay by the People — Proceedings of the Legislature — Opinion on the Sua
bility of States — Proclamation of Neutrality — Arrival and Conduct of
Genet — Causes of Complaint against British Government — Mr. Jay
appointed Envoy to Great Britain — Embarks for England — Origin, Char
acter, and Objects of the Democratic Societies.
In the raonth of January, 1789, in pursuance of the
recoraraendation of Congress, electors were chosen by such
of the States as had accepted the new constitution ; and in
the following raonth these electors gave their votes for Pres
ident and Vice President. The votes were not to be
counted tUl the meeting of the new Congress on the 4th of
March, the day fixed for the dissolution of the confederacy
and the commencement of the federal government. The
meeting of Congress was delayed tUl the 6th April, when
they assembled at New- York, and, on counting the ballots,
declared that General Washington had been unanimously
elected President of the United States. The general was
at this tirae at his seat in Virginia. Arrangements were
soon commenced for the accommodation of the President
at New- York; and having been unexpectedly completed
before his arrival, he found it unnecessary to accept the
invitation conveyed in the following letter :

272 LIFE OF JOHN JAY.
" TO GEORGE WASHINGTON. "New-York, 14th April, 1789.
"Dear Sir,
" On my return last evening from a fortnight's absence in
the country, I was informed that proper arrangeraents for
your immediate accommodation were not yet made. Per
mit me, therefore, to take the liberty of requesting the
favour of you to be with rae in the raean time ; and if Mrs.
Washington should accompany you, we should be stiU
more happy. As the measures that were in contemplation
on this subject would have given an earlier invitation the
appearance of a mere compliment, it was omitted. Con
sidering all circumstances, I really think you would expe
rience at least as few inconveniences with me as in any
other situation here. Your reluctance to give trouble, will
doubtless suggest objections ; apprized of this, we shall be
particularly careful to preserve such a degree of simplicity
in our domestic management, as wUl render you easy on
that head. In a word, you shall be received and entertained
exactly in the way which if in your place I should prefer,
viz. with plain and friendly hospitality.
" You will soon want a secretary, and it would be con
venient to have him near you. Let me therefore add, that
I have a room very much at his service, and which may as
well be occupied by him as remain as it now is, empty.
" I cannot conclude this letter without thanking you as
an American, for generously complying with the wishes of
our country at this interesting period. Pei-sonal considera
tions strongly recommend retirement, and none but pubhc
and national ones would draw you from it. The people at
large seem sensible of this, and do you justice ; and I am glad
of it for their sake as weU as yours, for the raore justice
they do you, the more good you wUl be able to do them.
With the most perfect esteem and regard, I am, dear sir,
" Your affectionate and obedient servant,
"John Jay."

LIFE OP JOHN JAY. 273
The president reached New- York on the 23d AprU, and
the 30th was fixed for his taking the oath of office. As
this ceremony would so far complete the organization of
the governraent as to enable it to go into operation, it was
thought proper that the citizens should unite in pubUc sup-
pUcations to Heaven on the occasion. At nine o'clock in
the morning all the churches were opened, and the several
congregations assembled with their pastors to commend the
federal government, and the individual who was placed at
its head, to the favour and protection of the Almighty Ruler
of nations. On the conclusion of this solemn and affecting
dut}', a procession was foi-med, under the directions of Con
gress, to accorapany the president frora his residence to the
hall of Congress. In the balcony of this edffice the oath of
office was administered to him, in the presence of a vast
multitude. The president then delivered an address to
Congress, which he concluded with " resorting once more
to the benign Parent of the human race, in humble suppli
cation, that since He has been pleased to favour the Amer
ican people with opportunities for deliberating in perfect
tranquilhty, and dispositions for deciding with unparalleled
unanimity, on a form of government for the security of their
Union and the advanceraent of their happiness ; so his di
vine blessing raay be equally conspicuous in the enlarged
views, the temperate consultations, and the wise measures
on which the success of this government must depend."
Immediately after this address, the president, with both
houses of Congress, attended divine service in St. Paul's
church, to render their thanksgivings to the Supreme Being,
for the peaceful and successful establishment of the new gov
ernment, and to implore for it his future guidance and favour.
Congress adjourned on the 29th September, having first
passed a resolution requesting the president to recomraend to
the people of the United States, to observe a day of public
thanksgiving and prayer, " acknowledging, -with grateful
hearts, the many and signal favours of Almighty God, espe-
VOL. I.  N N

274 LIFE OP JOHN JAY.
cially by affording them an opportunity peaceably to estab
lish a constitution of government for their safety and hap
piness." Thus was the present edifice of the federal governraent
founded by patriotism and consecrated by piety ; and to the
wisdom and virtue of the buUders must we ascribe its pre
servation, under Providence, amid the winds and floods
which haye so often beat vehemently against it.
Some tirae necessarily elapsed before the various depart
raents of governraent were fully organized. Many of thera
were to be created by the Legislature ; and those laws
which were of the most pressing importance engaged, of
course, the earliest attention of Congress. The president's
opinion of Mr. Jay's ability and disposition to serve his
country induced him to ask his acceptance of any office he
might prefer.
An efficient government, which had long been the object
of Mr. Jay's ardent wishes and labours, was now estab
lished ; but it had been established after a long and irrita
ting struggle. Two States still refused to accede to it ;
and in all the others, an opposition to it, raore or less pow
erful, StiU existed. State jealousies and local interests were
adverse to the successful and harmonious operation of the
new constitution ; and a firra and vigorous adrainistration
of the laws was indispensable to the stability of the Union.
These considerations probably led him to select the Su
preme Court of the United States as the sphere in which,
for the future, his talents could be most usefully exerted for
the common good. He was accordingly, on the 26th Sep
tember, appointed chief justice of that court, a station for
which his professional education and the habits of his raind
peculiarly qualified him.
The office of secretary for foreign affairs had of course
expired with the old government ; but at the president's
request Mr. Jay consented to officiate as secretary of state
till the ensuing spring, when Mr. Jefferson, who had been

LIFE OP JOHN JAY. 275
appointed to the office, arrived frora France, and entered
upon its duties.
1790.] The Suprerae Court was not fuUy organized tUl
the 3d AprU, and the next day the chief justice held in New-
York the first Circuit Court. We have already adverted
to the very peculiar circurastances under which he was
called, as chief justice of the State of New- York, to adrainis
ter justice in the name of the people, instead of that of his
late sovereign, whose armies were at that raoment spreading
terror and desolation around him. His emotions on the
present occasion, though more unmixed than before, raust
StiU have been strongly excited. He now saw his country
in the enjoyraent, not only of peace and independence, but
of a wise, equal, and energetic government ; and after hav
ing long deplored those aberrations from justice and good
faith which had tarnished the lustre of the American con
federacy, he found himself called to apply his own inflexible
principles of right, not only to private controversies, but
likewise to such as involved the obligations of treaties, and
the honour and interests ofthe nation.
In his charge to the grand jury, he directed their attention
to the favour Providence had vouchsafed the Araerican
people, in perraitting thera to choose their own government,
and to the duties resulting from this unwonted privilege.
" Whether any people," said the chief justice, " can long
govern themselves in an equal, uniform, and orderly man
ner, is a question which the advocates for free governments
justly consider as being exceedingly important to the cause
of liberty. This question, like others whose solution de
pends on facts, can only be determined by experience. It
is a question on which many think some roora for doubt
still remains. Men have had very few 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 constitu
tions and governments of which we are informed, have

276 LIPE OP JOHN JAY.
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 raore 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 means we shall be highly responsible
to that Providence, as well as to mankind in general, and
to our own posterity in particular.
" It cannot be too strongly impressed on the minds of aU
how greatly our individual prosperity depends on our
national prosperity, and how greatiy our national prosperity
depends on a well organized, vigorous government, ruhng
by wise and equal laws, faithfully executed. Nor is such
a government unfriendly to liberty — to that liberty which is
really estimable. 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 do, in peace, security, and without mo
lestation, whatever the equal and constitutional laws ofthe
country admit to be consistent with the public good."
As the law establishing the judicial department required
the judges to hold circuits in the different States, t' e chief
justice received various invitations from his friends to reside
with them while holding his c urts. To an invitation of
this sort, received soon after his appointment, he replied : —
¦" Accept my cordial acknowledgments for your kind letter :
congratulations are pleasant when, as in f e present case,
their sincerity is unquestionable. Your friendly invitation
marks esteem and attachment, and is therefore raost grate-

LIFE OF JOHN JAY. 277
ful. As a man, and your friend, I should be happy in
accepting it ; but, as a judge, I have my doubts — they will
occur to you without details. I am inclined to think some
general rule on this subject would be prudent ; as yet, I
have not considered it maturely." On further reflection,
he adopted and adhered to the rule of lodging only at public
houses, while holdi g court at a distance from home.
In April he commenced his first circuit through New-
England. In no quarter of the Union were his character
and public services held in higher estimation, and nowhere
was he received with more cordiality and respect. On
approaching New-Haven he was met by a body of the
citizens, who escorted him into their town. While at
Boston its hospitable inhabitants were lavish in their civU-
ities to him ; and Harvard university presented him with
the diploma of Doctor of Laws. The citizens of Ports
mouth honoured him with a public entry into the town ;
and, on his departure, attended him some distance on his
journey. In the autumn he again rode the circuit, and held courts
in Boston, Exeter, Providence, Hartford, and Albany. The
following correspondence took place while he was on this
circuit, and evinces his intimate acquaintance with the
character of the pres dent, which led him thus fo antici
pate his wishes in suggesting topics for his communica
tion to Congress at its approaching session.
*' TO GEORGE WASHINGTON. "Boston, 13lhNov., 1790.
" Dear Sib,
" The act ' to regulate trade and intercourse with the
Indian tribes' passed the last session, directs that the
superintendents and persons by thera licensed, shall be
gove.-ied in all things touching the said trade and inter
course, by such rules and regulations as the president shall

278 LIFE OF JOHN JAY.
prescribe. I was lately asked, Whether any and what
arrangeraents had been raade in pursuance of this act?
My answer was, that I had not heard, but was persuaded
that every thing necessary either had been or would soon
be done. As every licensed trader raust know what rules
and regulations he is to obey and observe, would it be
araiss to publish them 1
" The constitution gives power to the Congress ' to coin
money, regulate the value thereof, and of foreign coin : to
provide for the punishment of counterfeiting the securities
and current coin of the United States.' If the word cur
rent had been omitted, it might have been doubted whether
the Congress could have punished the counterfeiting of
foreign coin. Mexican dollars have long been known in
our public acts as current coin. The 55th sect, of the act
' to provide more effectually for the collection of the duties,'
&c. enumerates a variety of foreign coins which shall be
received for the duties and fees mentioned in it.
" The late penal act (as it is generally called) provides
punishment for counterfeiting paper, but not coin, foreign
or domestic. Whether this omission was accidental or
designed, I am uninformed. It appears to me more expe
dient, that this offence, as it respects current coin, should
be punished in a uniform manner throughout the nation,
rather than be left to State laws and State courts.
" The constitution provides, that ' no State shaU coin
money, nor make any thing but gold or sUver coin a tender
in payment of debts.' Must not this gold and silver coin
be such only as shall be either struck, or made current by
the Congress. At present, I do not recollect any act which
designates, unless perhaps by implication, what coins shaU
be a legal tender between citizen and citizen.
" The Congress have power to establish post roads.
This would be nugatory unless it implied a power either to
repafr these roads themselves, or compel others to do it.

-LIFE OF JOHN JAY. 279
The former seems to be the more natural construction.
Possibly, the turnpike plan raight gradually and usefully be
introduced. " It appears advisable, that the United States should
have a fortress near the heads of the western waters ;
perhaps at, or not very distant from Fort Pitt ; to secure
the coraraunication between the western and Atlantic
countries ; and that the place be such as would cover the
buUding of vessels proper for the navigation of the raost
iraportant of those waters. Should not West Point, or a
better post if to be found on Hudson River, be kept up ?
An irapregnable harbour in the north, and another in the
south, seera to rae very desirable. Peace is the tirae to
prepare for defence against hostilities.
" There is sorae reason to apprehend that masts and
ship-timber will, as cultivation advances, become scarce, '
unless some measures be taken to prevent their waste ; or
provide for the preservation of a sufficient fund of both.
" Being persuaded that we could undersell other nations
in salted provisions, especially beef, provided none but of
the first quality was exported, I am inclined to think the
national government should attend to it ; nay, that the
whole business of inspecting all such of our exports of
every kind as may be thought to require inspection, should
be done, under their exclusive authority, in a uniform man
ner : where State inspection laws are good, they might be
adopted. If the individual States inspect by different rules,
and some of them not at all, the article in question wiU not
go to raarket with such plain and decided evidence of
quality as to raerit confidence ; especially as various raarks
under various State laws raultiply the raeans of fraud and
imposition : if only the best commodities in their kind were
exported, we should gain in narae and price what we might
lose at first by diminution of quality.
" I think it probable that this letter wiU find you at

280 LIFE OP JOHN JAY.
Philadelphia, if not, I presume it will be forwarded by
some of your family : but how, or by whom is uncertain.
Much content and good-humour is observable in these
States. The acts of Congress are as weU respected and
observed as could have been expected. The assumption
gives general satisfaction here. The deviation from con
tract respecting interest, is censured by some. They say,
and not without reason, that the application of surplus
revenue to the purchase of stock shows that the raeasure
did not result from necessity.
" With the most perfect respect, esteem, and attachrhent,
" 1 have the honour to be, dear sir,
" Your obliged and obedient servant,
"John Jay."
"to JOHN JAY.
" [Private.] " Mount A''ernon, Nov. 19th, 1790,
" My DEAR Sir,
" The day is near when Congress is to commence its
third sessfon ; and on Monday next, nothing intei-vening to
prevent it, I shall set out to meet them at their new resi
dence. " If any thing in the judiciary line, if any thing of a more
general nature, proper for me to communicate to that body
at the opening of the session, has occurred to you, you
would oblige me by submitting them with the freedom and
frankness of friendship.
" The length and badness of the road frora hence to
Philadelphia, added to the unsettled weather which raay
be expected at this season, will more than probable render
the term of my arrival at that place uncertain ; , but your
sentiments, under cover, lodged with Mr. Lear by the first
of next month, wUl be in time to meet me and the com-
aiunications from the other great departments ; and with

LIFE OP JOHN JAY. 281
such matters as have been handed immediately to myself
frora other quarters, or which have come under my own ob
servation and conteraplation during the recess, wUl enable
rae to forra the sum of my coraraunications to Congress at
the opening of the session.
"I shaU say nothing of domestic occurrences in this
letter, and those of foreign import you would receive at
second-hand from hence. To add assurances of my friend
ship and regard would not be new ; but with truth I can
declare that I am
" Your affectionate and humble servant,
" George Washington."
1791.] The time of the chief justice was this year
almost wholly occupied by the duties of his office. He held
two terms of the supreme court at PhUadelphia, and twice
rode the eastern circuit, which was now extended to Ben
nington, in Vermont. His charges to grand juries appear
to have been generally, if not always, written compositions ;
and he seems to have embraced these opportunities of incul
cating those great principles of morality, and subraission to
constitutional authority, which can alone prevent political
liberty from degenerating into licentiousness and anarchy.
Frequent applications were raade to the chief justice for
his interest with the president and heads of the depart
ments in appointraents to office, but he scrupulously avoided
all interference. In one instance he departed frora this
course of conduct, but it was in relation to an office con
nected with the court over which he presided, and in the
faithful discharge of which he was himself officiaUy inter
ested. The following letter is given as a just tribute to
the character of an estimable citizen and an exemplary
Christian.* * Gen. Clarkson was at his death, in 1 824, a vice-president of the American
Bible Society. At the ensuing anniversary of the society, the Governor of
New-York, Dewitt Clinton^ Esq., in an address before them, thus spoke of
VOL. I.  0 O

282 LIFE OF JOHN JAY.

"to GEORGE WASHINGTON. "New-York, 13th March, 1791.
" Dear Sir,
" Perceiving that you have been pleased to appoint Colonel
Sraith a supervisor fOr this district, I conclude that on his
acceptance of that place, the office of marshal will be con
ferred on sorae other person. It is probable that several
candidates will offer, and I take the liberty of coramunicating
ray sentiraents respecting a gentieraan who, too delicate to
display his own merit, possesses more than falls to the share
of raany. I raean General Matthew Clarkson. I think hira
one of the raost pure and virtuous men I know ; when at

their deceased officer : "Matthew Clarkson was a man who filled a large space
in the circle of patriotism and benevolence. Wherever a charitable or public-
spirited institution was about to be established, his presence was considered
essential. As his heart and his hand were ever open to the calls of charity,
his name is to be found in all our meritorious societies, whether intended for
education, for relief, or for protection. No object which implicated the wel
fare of fhe human race was considered foreign to his duties. His sanction
became a passport to public approbation — it encouraged virtue in its career,
disarmed opposition of its power, and envy of its venom.
" In all his connexions and associations he was distinguished by a benig
nity of disposition and an amenity of behaviour, which endeared him to all
with whom he had communion. His first object was to do good ; his next,
to do it in the most acceptable manner, and in the most impressive shape.
" During the revolutionary war he was a gallant officer in the American
army, and after its conclusion he held high and confidential civil offices,
which he filled with fidehty and ability. But the last years of his life were
principally devoted to the promotion of those institutions which reflect so
much honour on the religion, the education, and the benevolence df our
country. " Although the benefits which he conferred on the community by the ren
dition of actual services are of the most impressive character ; yet the illus
trious example which he presented to mankind, of a Ufe of distinguished
benevolence and usefulness, is of a more important nature. As a model for
imitation — as an excitement to Christian piety, to pure benevolence, and to
heroic virtue, his merit will be appreciated and his influence felt long after
all of lis are consigned to the grave."

LIFE OP JOHN JAY. 283
Boston, General Lincoln (whose aid he was) spoke to me
<j>f hira in terras not only of approbation, but affection.
During the war he was a firm and active whig, and since
the peace a constant friend to national and good governraent.
Few raen here, of his standing, enjoy or deserve a greater
degree of the esteera and good wUl of the citizens than he
does, and, in ray opimon, he would discharge the duties of
that, or any office for which he raay be quaUfied, with pro
priety and honour.
"Be pleased to present ray respectful compliments to
Mrs. Washington, and permit rae to assure you of the per
fect respect, esteem, and attachment, with which I am,
" Dear sir,
" Your obliged and obedient servant,
" John Jay."
It is scarcely necessary to add that General Clarkson
received the appointraent.
1792.] It raay be recollected that in 1785, Mr. Jay, ina
letter declining to be a candidate for the office of governor,
used the following language : " If the circumstances of the
State were pressing — if real disgust and discontent had
spread through the country — if a change had in the general
opinion become not only advisable but necessary, and the
good expected from that change depended upon rae, then
my present objections would imraediately yield to the con
sideration, that a good citizen ought cheerfully to take any
station which his country on such occasions may think
proper to assign hira, without in the least regarding the per
sonal consequences which raay result from its being more
or less elevated."
The case thus hypothetically stated had now, in the
opinion of many, actually occurred. It is unnecessary to
mention the reasons for this opinion, and to revive the
charges which were then made against the chief raagistrate
of New- York. Suffice it to say, that those who saw in the

284 LrPE OP JOHN JAY.
maintenance of the federal government, in all its constitu
tional energy, the only hope of national honour and pros
perity, and those who believed that the interests of the State
were endangered by the policy and conduct of Governor
Clinton, turned to the chief justice as the only man whose
character and influence could be brought into successful
competition with the popularity with which revolutionary
services, aided by a long and extensive distribution of offi
cial patronage, had invested the present incumbent
Early in February a public meeting was held in the city
of New- York, at which it was resolved to support the chief
justice for governor at the ensuing election ; and a commit
tee was appointed to solicit his acceptance ofthe nomination.
He yielded to their wishes, in consistency with his declara
tion raade seven years before, and in so doing consented to
make no slight sacrifice of personal importance and pecu
niary interest to the welfare of his native State. His present
station was one he had himself selected. Its tenure was
independent of the fluctuations of public opinion, and its
emoluraents were greater than those of the office now ten
dered to hira.
The nomination made in the city was immediately re
echoed throughout thC State, and it was soon perceived
that the re-election of Governor Clinton was extremely
doubtfuL No time was lost by the opponents of the chief
justice in taking raeasures to prevent his success ; and they
were too little scrupulous as to the raeans they eraployed.
His private character was invulnerable, and was not
assaUed ; but his political opinions, and especially his
attachraent to the federal governraent, were urged upon the
anti-federal State of New- York as proofs of his unfitness
for the executive chair.
New- York was tlien a slaveholding State, and pains
were taken to excite the prejudices of the slaveholders
against Mr. Jay, on account of his avowed opposition to
slavery. A friend wrote to Mr. Jay : " As your opponents

LIFE OF JOHN JAY. 285
cannot or dare not irapeach your integrity and abUity,
necessity obliges thera to descend to the lowest subterfuges
of craft and chicane, to raislead the ignorant and unwary.
The part you have taken in the society for emancipating
slaves is exaggerated, and painted in lively colours to your
disadvantage. It is said that it is your desire to rob every
Dutchman of the property he possesses most dear to his
heart his slaves ; that you are not satisfied with doing that,
but wish further to oblige their masters to educate the chil
dren of those slaves in the best manner, even if unable to
educate their own children ; and also that you have pro
cured a bUl to be brought into the Legislature this session
for the above purpose."
To this he replied : —
" That many election tales will be invented and propa
gated, and that credulous individuals will be iraposed upon
by thera, is not to be doubted.
" As to my sentiraents and conduct relative to the abolition
of slavery, the fact is this : — In my opinion every man, of
every colour and description, has a natural right to freedom,
and I shall ever acknowledge myself to be an advocate for
the manumission of slaves, in such way as may be consistent
with the justice due to them, with the justice due to their
masters, and with the regard due to the actual state of
society. These considerations unite in convincing rae that
the abolition of slavery raust necessarily be gradual.
" On being honoured with the commission which I now
hold, I retired frora the society to which you allude, and of
which I was president ; it appearing improper to me for a
judge to be a meraber of such associations. That society,
I fear, has been misrepresented, for instead of censure they
merit applause. To promote, by virtuous means, the
extension of the blessings of liberty, to protect a poor and
friendless race of men, their wives, and chUdren, from the
snares and violence of menstealers, to provide instruction

286 LIFE OP JOHN JAY.
for children who were destitute of the raeans of education,
and who, instead of pernicious, wUl now becorae useful
members of society, are certainly objects and cares of which
no man has reason to be ashamed, and for which no man
ought to be censured. And these are the objects and the
tares of that benevolent society."
The slanders of political enemies never disturbed Mr.
Jay's equanimity ; but there was one circumstance con
nected with this election that raust have deeply wounded his
sensibUity. His old and intiraate friend Chancellor Living
ston at this tirae thought proper, not only to leave the
federal party, and to enter the ranks of the opposite one,
but also publicly to assurae an attitude of decided hostUity
to his election. In order probably to goad the chancellor
to a stiU more active opposition, a satirical and highly per
sonal letter was addressed to him in the columns of a news
paper, under a fictitious signature ; and pains were taken to
give currency to the opinion that the chief justice was the
writer of this and other articles. To aid this irapression,
an answer to the letter soon after appeared in the sarae
paper, addressed to Mr. Jay as its author. There is reason
to believe that both publications proceeded frora the same
pen. The success of this base design was defeated by the
appearance in the papers of the foUowing card.
" TO THE PUBLIC.
" It having been deemed expedient to consider rae as the
author of certain political papers lately published, I think it
proper to declare upon ray honour that I ara not the author
of any political paper that has been published this year ;
that I have neither written, dictated, nor seen the manu
scripts of any of those which have appeared against Gov
ernor Clinton, or any other person whatever ; and that I
do not even know who the writers are, further than that I
have heard some of these papers ascribed to one person

LIFE OF JOHN JAY. 287
and some to another. Whoever they may be, they have not
been actuated by my ad-vice or desfre ; and not being under
my dfrection or control, I cannot be responsible for the pain
thefr pubUcations have given. " John Jay."
The election commenced the last of AprU. The chief
justice had left the State some time before, to hold the east-
em circuit and did not return tiU the middle of July. His
correspondence with his tamUv during his absence proves
how Uttle personal interest he took in the result In answer
to a letter from Mrs. Jay, in which some aUusion was made
to the probabffity that he would no longer need the official
robe worn by him as chief justice, he remarked : ' !My robe
may become useless, and it may not. I am resigned to
either event, for no one knows what is best for him. He
who governs aU makes no mistakes, and a firm behef of
this would save us from many." His letters to his famUy
never contained an aUusion to the pending election, except
when forced upon bim by his correspondent
The baUots given at the election were requfred by law
to be transmitted to the sherifls ofthe several counties, and
by them to be forwarded to the office of the secretary of
state, where they were to be canvassed by a committee
appointed by the Legislature. This committee had afready
been appointed, smd a majority of them were the jioUtical
fi-iends of Governor Clinton. They claimed and exercised
the right of rejecting aU such baUots as had not in thefr
opinion been forwarded to the secretary's office -with aU
the requfred formahties. It was weU understood that Mr.
Jay had received a majority of the whole number of votes
given, and that the majorities in the counties of Otsego and
Tioga were each sufficient to tum the scale in his favour.
The constitution of the State required that sheriffs shoidd
be annually appointed ; but as these appointments had been
occasionaUy delayed, it had been the uniform practice from

288 LIFE OP JOHN JAY.
the commenceraent of the government for the late incum
bent to continue in the exercise of his office till his successor
assumed its duties. This practice had arisen frora neces
sity ; for as the council of appointraent was not a perma
nent body, but convening only at the summons of the gov
ernor, some time would often necessarily elapse between
the expiration of one coraraission and the issuing of another.
So little had the propriety of sheriffs in such cases, continu
ing to act after the expiration of their commissions, been
questioned, that on an investigation it was found, that since
the organization of the government, no less than seventy
instances had occurred of sheriffs thus holding over, and in
one case a sheriff thus circumstanced had been called in
the discharge of his office to execute a criminal.
The canvassers discovered that the ballots of Otsego
were forwarded by a sheriff whose comraission had expired
about six weeks before, and whose successor, although ap
pointed, had not yet taken the oath of office, and was of
course not authorized to act. They therefore determined
that the votes of Otsego, not having been returned by a con
stitutional sheriff, could not be received, and instead of count
ing them, they committed them to the flames. The ballots
from two other counties, Tioga and Clinton, were consigned
to the same fate, on the ground, that in one instance they had
been forwarded by a deputy-sheriff, appointed by parol
instead of a written instrument, and in the other, because the
officer by whom the ballots had been forwarded, falling sick on
the road, had committed them to the care of another person.
The votes of the whole State, after being subjected to this
purgation, gave Mr. Clinton a majority of 108, and he was
declared by the canvassers duly elected governor of the
State. Against this decision, four of the eleven canvassers
entered their protest.
Tljie chief justice was on his circuit when he learned the
decision of the canvassers, and he thus noticed it in a letter
to Mrs. Jay: —

UFE OF JOHN JAT. 289
" A Hartford paper which I have just read raentions the
result of the canvass ; after hearing how the Otsego votes
were circumstanced, I perceived clearly what the event
would be. The reflection that the majority of the electors
were for me, is a pleasing one ; that injustice has taken
place does not surprise me, and I hope -wUl not affect you
very sensibly. The inteUigence found me perfectiy pre
pared for it Ha-ving nothing to reproach myself with in
relation to this event it shall neither discorapose my temper
nor postpone my sleep. A few years -will put us aU in the
dust, and it will then be of more importance to me to have
governed myself, than to have governed the State."
The decision of the canvassers was made on the 12th
June, and excited a violent ferment throughout the State.
The citizens of New- York assembled in the open afr, and
passed resolutions condemning the conduct of the canvass
ers, as cui outrage on the right of suflOrage ; and recom
mended to the people to assemble in thefr respective coun
ties, to protest against tbe attempt now made to subject
them to a governor whom they had not elected, and like
wise to petition the Legislature to interpose its authority
for the preservation of thefr rights.
The recommendation of the city was foUowed with
alacrity in almost every part of the State, and an excitement
was kindled that for a whUe foreboded some fearful and
¦violent convulsion.
The chief justice was at this time engaged in holding
his courts in the eastern States. He completed his circuit
at Bennington in Vermont and returned home by the way
of Albany. On approaching Lansingburgh, he was met
by the inhabitants, and escorted into the village, where he
was addressed by a committee preAriously appointed for the
purpose. This address marks the exasperated and indig
nant feelings which then pervaded a very large portion of
the community.
VOL. I.  ^P P

290 LIFE OF JOHN .lAY.

" TO JOHN JAY, ESQ.
" Chief Justice of the United States.

' " Lansingburgh, June 30, 1793.
" Sir,
"We beg leave to address you in the simple style of
freeraen, and in the narae of the citizens of Lansingburgh,
to congratulate you on your arrival at our infant settle
ment. " Fully irapressed with a sense of your patriotism, we
erabrace this opportunity of expressing our gratitude for
your unwearied exertions through the struggles of an
oppressive war ; and your eminent services as a statesman
and minister at home and abroad.
" Our respect for your character, in the dignified office of
chief justice of the United States, and our regard for your
person, as a raan possessing the confidence of the people,
give us a most lively hope of shortly embracing you as
the chief raagistrate of this State : nor can we refrain on
this occasion from expressing our sincere regret and re
sentment at the palpable prostitution of those principles of
virtue, patriotism, and duty, which has been displayed by a
majority of the canvassing committee, in the wanton viola
tion of our most sacred and inestimable privileges, in
arbitrarily disfranchising whole towns and counties of their
suffrages. " It was, perhaps, little contemplated, that the constitution
of this State, which you had so great a share in framing,
should to your prejudice, in the first instance, be in so
flagrant a raanner violated. However desirous we raay be
of seeing you fill the office of governor of the State of
New-York, we only wish it from the free and fair suffrages
of a majority of electors. That majority you have ; and
though abuse of power may for a time deprive you and the
ci.izens of their right, we trust the sacred flame of hberty

LIFE OP JOHN JAY. 291
is not so far extinguished in the bosoras of Americans as
tamely to submit to wear the shackles of slavery, without
at least a struggle to shake thera off."
The occasion presented, an opportunity, which a deraa-
gogue would eagerly have erabraced, of identifying himself
with the cause of the people, and of inflaraing passions
which might be converted to his own advancement. Mr.
Jay, however, wished not to direct, but to aUay the storm.
" To the Committee of the Citizens of Lansingburgh.
" Gentlemen,
" Permit me to request the favour of you to present to
ray fellow-citizens of Lansingburgh my sincere acknow
ledgments for the honour they have done me on this occa
sion, and be assured that the manner in which you have
conveyed their sentiments adds to the satisfaction which
they inspire.
" Their approbation increases the pleasure with which I
reflect on my endeavours to serve the cause of liberty and
ray country, and that approbation derives additional value
frora the ardour and flrraness which they raanifested in it.
" The various bounties of Heaven to the people of this
State conspire in conferring abundant reasons for harmony
and content, and every event is to be regretted that tends
to introduce discord and complaint. Circumstanced as I
am in relation to the one you mention, I find myself
restrained by considerations of delicacy from particular
remarks. " The people of the State know the value of their rights,
and there is reason to hope that the efforts of every virtuous
citizen to assert at^d secure them will be no less distin
guished by temper and raoderation, than by constancy and
zeal. " In whatever station or situation I raay be placed, my

292 LIPE OP JOHN JAY.
attachraent to ray country will remain unabated, and I shall
be happy in every opportunity of evincing ray respect and
best wishes for the citizens of Lansingburgh."
He then proceeded to Albany, being escorted into that
place by its citizens. The next day he was invited to a
public dinner, at which the raayor, in behalf of the city,
presented to hira an address of the same character with the
last. On the following day he departed under a salute of
artillery, and on crossing the ferry was received with an
other salute, and attended for twelve miles on his journey
by a body of cavalry. On the 4th of July he reached
Hudson. The citizens were preparing to celebrate the
anniversary of Independence, when they were informed
that the chief justice was on the road. Arrangements were
imraediately made for receiving him. A cavalcade of two
hundred departed to meet him, and wait upon hira into
the city, and his arrival was announced by salvoes of
artillery. A public dinner had been prepared, to which
he was invited, and a complimentary address was made to
him by the mayor. On his departure he was again hon
oured with a salute and an escort. When within eight
miles of the city of New- York, he was met by a body of
the citizens, who conducted him to his house. A pubhc
meeting was then called of " the friends of liberty," and a
coramittee appointed to congratulate him on his return, and
to express to him the sentiments ofthe inhabitants on the late
attempt which had been raade, "in conterapt of the sacred
voice of the people, in defiance of the constitution, and in
violation of the uniform practice and settied principles of
law," to deprive hira of the high office to which he had
been elected.
The following extract frora his answer to the address
from the committee breathes a spirit of kindness and mod-

LIPE OP JOHN JAY. 293
eration, which evinces how little his feelings had been
affected by the triuraphal progress he had just raade.
'f In questions touching our constitutional privUeges all
the citizens are equally interested, and the social duties call
upon us to unite in discussing those questions with candor
and teraper, in deciding thera with circuraspection and
irapartiality, and in raaintaining the equal rights of all with
constancy and fortitude.
" They who do what they have a right to do, give no just
cau^e of offence ; and therefore every consideration of pro
priety forbids that difference of opinion respecting candi
dates should suspend or interrupt the rautual good-huraour
and benevolence which harraonize society, and soften the
asperities of human life and human affairs. By those free
and independent electors who have given me their suffrages,
I esteera rayself honoured ; for the virtuous who withheld
that raark of preference, I retain and ought to retain my
forraer respect and good will ; to all I wish prosperity,
public and private."
A few days after, a public dinner was given to Mr. Jay,
and on his retiring frora table, the whole corapany, as a
mark of their respect, waited upon hira to his house.
These details, although minute, are interesting, as they
prove the excited feelings of the people, and their devotion
to the raan of their choice ; and at the sarae tirae ex
hibit the unusual spectacle of a popular leader striving to
moderate the ardour of his followers, all burning to redress
his wrongs ; and impressing on them reverence for the
laws, and courtesy and kindness towards his and their
opponents. By many of the public meetings held at this tirae, Mr.
Jay was declared to be the rightful governor of the State ;
and there can be little doubt that, had he thought proper to
assurae the exercise of the office, there would not have been
wanting many ready to support his clairas. It was for
tunate for the peace of the State that he was actuated by

294 LIFE OP JOHN JAY.
principles the reverse of those which too often govern the
aspirants for political power ; and also, that the raeeting of
the Legislature, to which the people looked for redress, was
still distant.
The course pursued by Mr. Jay prevented any Ulegal
ebullition of popular feeling. Governor Clinton was sworn
into office, and the government was permitted to proceed
without interruption. On the 6th November, the Legisla
ture convened, and petitions on the subject of the canvass
poured in from all parts of the State. A tedious investiga
tion ensued, and it was soon discovered that in the lower
House the anti-federal party had a small raajority. The
law regulating elections had raade the decision of the can
vassers final, and it was contended that the Legislature
could not revise it. It was not, however, thought expe
dient to rest the clairas of the governor to his office on the
inability of the Legislature to examine them. The As
sembly, therefore, resolved, by a raajority of four votes,
" that it does not appear to this House that the canvassers
had conducted themselves with any impropriety in the
execution of the trust reposed in them by law."
This result had for sorae tirae been anticipated, and was
therefore received by the people without surprise, but with
a feeling of disgust that, at the next election, prostrated the
party by whom it had been effected.
During this and other years, Mr. Jay was at the expense
of keeping at school six indigent boys of the town of Rye,
where he had himself been brought up. This instance of
unostentatious benevolence has become known only since
his death, from letters found among his ' papers from the
clergyman of the parish, who, acting as his almoner, from
time to time selected the boys, and received and expended
the funds for their education. It is not known when this
charity was comraenced or discontinued.
1793.] In the raonth of February, the Suprerae Court

LIFE OF JOHN JAY. 295
convened at Philadelphia, and its attention was called to a
case of general and unusual interest A citizen of South
Carolina had brought a suit in tbis court against the State
of Georgia, which had refused to appear, on the ground
that being a sovereign and independent State, it was not
subject to civU process. The court was, of course, com
pelled to decide on the vahdity of this objection to its juris
diction. The chief justice pronounced the decision of the
court in an elaborate opinion. The case was novel, and
its raerits were to be tested, not by precedents and legal
authorities, but by the great principles of justice and con
stitutional law. It was also a case in which those wide
spread feelings and prejudices in favour of State sovereignty,
which had so nearly prevented the adoption of the federal
constitution, were strongly excited, and would undoubtedly
be roused into full activitj- should the judgment of the court
be adverse to the contumacious State. The chief justice
seems to have been aware of the importance of the occa
sion, and his arguments, if they did not convince, were at
least never refuted.
He investigated the nature of the sovereignty clairaed
by Georgia,' and pointed out its distinction frora the
feudal sovereignty prevailing in Europe, which is cen
tred in one individual, who, being hiraself the source of
authority and power, cannot be sued by his subjects, and
against whom no judgment could be enforced. The
sovereignty of Georgia, on the other hand, was vested in
the people, who, being without subjects and without supe
riors, were all on an equality ; and hence, when they were
sued, it was not by a subject, but an equal possessed of the
same rights as themselves. One free citizen might sue any
number of fi-ee citizens in a corporate capacity. If the
forty thousand inhabitants of the city of Philadelphia could
be compelled to do justice to a citizen of Delaware, why
should the fifty thousand inhabitants of the State of Dela
ware be excused from doing justice to a citizen of PhUadel-

296 LIFE OF JOHN JAY.
phia ? It was adraitted, that by the. constitution one State
might sue another ; and hence suability was not incompati
ble -with State sovereignty. A State, also, raay sue indi
viduals. Why, in a country where all are equal, raay not
individuals sue a State — rthat is, all the citizens ofthe State ?
The constitution expressly extends the judicial power " to
controversies between a State, and the citizens of another
State," and to all cases " where a State shall be a party."
These expressions do not imply that a State can only .be a
plaintiff.. The chief justice admitted that it would be diffi
cult to make the United States a defendant party, because
no superior power existed to enforce the judgment ; whereas,
in the case of a judgraent against a State, the court could
call on the national executive, if necessary, for aid. "I
wish," said he, " the state of society was so far improved,
and the science of government advanced to such a degree
of perfection, as that the whole nation could, in the peaces
able course of law, be compellable to do justice, and be
sued by individual citizens. For my own part," continued
he, " I ara convinced that the sense in which I understand and
have explained the words ' controversies between a State
and the citizens of another State' is the true sense. The
extension of the judicial power of the United States to such
controversies appears to rae to be wise, because it is honest,
and because it is useful.
" It is honest, because it provides for doing justice with
out respect of persons, and by securing individual citizens
as -v^ell as States in their respective rights, performs the
promise which every free government makes to every free
citizen of equal justice and protection.
" It is useful, because it is honest ; because it leaves not
even the most obscure and friendless citizen without the
raeans of obtaining justice- frora a neighbouring State; be
cause it obviates occasions of quarrels between States, on
account of the clairas of their respective citizens ; because
it recognises, and strongly rests upon this great -moral

LIFE OP JOHN JAY. 297
truth, that justice is the same, whether due frora one raan
to a raiUion, or frora a railhon to one raan ; because it
teaches and greatiy appreciates the value of our free
repubhcan national government, which places all our
citizens on an equal footing, and enables each and every of
them to obtain justice, without any danger of being over
borne by the nuraber and weight of their opponents ; and
because it brings into action and enforces this great and
glorious principle, that the people are the sovereigns of this
country, and consequently that fellow-citizens and joint-
sovereigns cannot be degraded by appearing with each
other in their own courts, to have their controversies
deterrained. The people have reason to prize and rejoice
in such valuable privileges, and they ought not to forget
that nothing but the free course of constitutional law and
governraent can ensure the continuance and enjoyraent of
them." The decision of the court instantly aroused that morbid
sensibility on the subject of State rights which had opposed
so many obstacles to the establishment of the federal
government. A general alarra was felt, or affected, and
the governors of several States brought the subject before
their legislatures, that raeasures might be taken for averting
the dangers to which State sovereignty was exposed.
But although the decision was unwelcome, it was not
easy to refute the reasons on which it was founded, and the
court seeras to have escaped censure.
It was not contended that the court had raisconstrued the
constitution, but it was insisted that the jurisdiction given
by that instruraent to the Supreme Court, and exercised in
the present instance, ought to be revoked. At the next
session of Congress, an amendment to the constitution was
proposed, and afterward ratified, declaring that the judicial
power of the court should not extend to suits against a
State, by a citizen of another State. However wise and
just such a jurisdiction may be in theory, it would certainly
VOL. I. — Q Q

298 LIPE OP JOHN JAY.
have been attended with many inconveniences in practice.
Cases would probably have arisen in which the general
government would have wanted either the power or the
inclination to enforce the decisions of the court. A power
ful State might have refused to submit to a judgment wliich
it regarded as derogatory to its honour, or its welfare ; and
it is not probable that the other States would have been
willing to incur the hazards and burdens of a civil war,
solely frora a disinterested love of justice.
The foreign relations of the United States began now to
excite the solicitude of all who were anxious to preserve
the blessings of peace. The tirae had arrived when it
became necessary for the government to decide on the
course it would pursue with regard to the belligerent
powers of Europe, and especially towards the new republic
of France.
The foUowing correspondence renders it probable that
the celebrated proclamation of neutrality by Washington
was suggested by Hamilton, then secretary of the treasury ;
and that the first draught of it was made by the chief
justice. PROM ALEXANDER HAMILTON. "Philadelphia, April 9, 1793.
" Dear Sir,
" When we last conversed together on the subject, we
were both of opinion that the minister expected frora France
should be received.
" Subsequent circurastances have perhaps induced an
additional embarrassment on this point, and render it ad
visable to reconsider the opinion generally, and to raise this
further question, Whether he ought to be received absolutely
or with qualifications ?
" The king has been decapitated. Out of this will arise
a regent, acknowledged and supported by the powers of
Europe almost universaUy — in capacity to act and who

LIFE OF JOHN JAY. 299
may hunself send an arabassador to the United States.
Should we in such case receive both ? If we receive one
frora the republic and refuse the other, shall we stand on
ground perfectly neutral ?
" If we receive a minister frora the republic, shaU we be
afterward at Uberty to say, ' We wiU not decide whether
there is a government in France competent to deraand from
us the performance of the existing treaties?' What the
government of France shaU be is the very point in dispute.
TiU that is decided, the applicability of the treaties is sus
pended. When that governraent is established, we shaU
consider whether such changes have been raade as to ren
der their continuance incompatible with the interest of the
United States. If we shall not have concluded ourselves
by any act, I am of opinion that we have at least a right
to hold the thing suspended. TUl the point in dispute is
decided, I doubt whether we could bona fide dispute the
ultimate obligation of the treaties. Will the unqualified
reception of a minister conclude us ? If it wUl, ought we
so to conclude ourselves ?
" Ought we not rather to refuse receiving, or to receive
with qualffication ; declaring that we receive the person as
the representative ofthe government, in fact, ofthe French
nation, reserving to ourselves a right to consider the appli-
cabUity ofthe treaties to the actual situation ofthe parties?
" These are questions which require our utmost wisdora.
I would give a great deal for a personal discussion with
you. Imprudent things have been already done, which
render it proportionably iraportant that every succeeding
step should be well considered. " With true attachraent,
" I ara, dear sfr,
" Your obedient servant
" A. Hamilton."

300 life op JOHN JAY.

PROM ALEXANDER HAMILTON.
" Philadelphia, AprU 9th, 1793. >
" My DEAR Sir,
"Ihave already written you by this post. A further
question Occurs — Would not a proclamation prohibiting
our citizens frora taking comraissifcns on either side be
proper ?
" Would it be well that it should include a declaration of
neutrality ? If you think the raeasure prudent, could you
draught such a thing as you would deera proper ? I wish
much you could. " Truly, as ever,
" A. Hamilton."
"TO ALEXANDER HAMILTON.
"New- York, Ilth April, 1793.
".Dear Sir,
" Your letters of the 9th instant were this day delivered
to rae, as I was preparing to go out of town. The subject
of thera is iraportant. I have not time to judge decidedly
on some of the points. The enclosed will show what my
present ideas of a proclaraation are — it is hastUy drawn —
it says nothing about treaties — it speaks of neutrality, but
avoids the expression, because in this country often asso
ciated with others. I shall be at Philadelphia in my way
to Richmond. I think it better at present that too Uttle
should be said than too much. I would not receive any
minister from a regent untU he was regent de facto ; and
therefore I think such intention should be inferable from
the proclaraation. Let us do every thing that may be right
to avoid war; and if, without our fault, we should be
involved in it, there wUl be littie room for apprehensions
about the issue.
" It is happy for us that we have a president who wiU do

LIFE OP JOHN JAY. 301
nothing rashly, and who regards his own interest as insep
arable from the public good. " Yours, sincerely, " John Jay."
On the 22d April the proclamation was issued. It was
more concise than the one prepared by Mr. Jay, but, like
that, omitted the word neutrality. The murraurs and
disgust which this measure occasioned, evinced its necessity
and wisdom.
The party which, under the denomination of anti-fede
ralists, had opposed the establishment of the federal gov
ernraent, arrayed theraselves with few exceptions against
the prominent measures of Washington's administration.
The French revolution, and the sympathy it excited in the
United States, afforded this party an opportunity that was
not neglected, of accusing the government of lukewarm
ness, if not hostUity, towards their ancient allies, now con
tending -with the despots of Europe for liberty and repub
lican institutions.
The zeal of this party, which had now assumed the
appellation of republican, received a new and powerful
impulse on the arrival of Genet, as minister plenipotentiary
to the United States frora the French republic.
The secret object of Genet's mission, as it afterward
appeared on the publication of his instructions, was to in
volve the United States in a war with England, and thus
to effect a diversion in behalf of his own country. These
instructions were given to a wUling agent. Genet landed
at Charleston the Sth April, and began immediately to dis
tribute naval and military coramissions, with which he had
been abundantly provided by his employers. Having thus
insulted the sovereignty and compromited the neutrality
of the United States, he repaired to Philadelphia, where he
was received with enthusiasm by the republican party.
The day after his arrival, and before he had presented his

302 LIFE OP JOHN JAY.
credentials and been acknowledged by the president, he was
invited to a grand " republican dinner," at which the com
pany united in singing the Marseillois hymn. A deputation
of French sailors presented themselves, and were received
by the guests with " the fraternal embrace." The table
was decorated with the " tree of liberty," and a red cap,
called the " cap of liberty," was placed on the head of the
minister, and from his travelled in succession frora head
to head around the table.
Genet, iraboldened by the support of his partisans, and
the mterest generally felt in behalf of the success of the
French revolution, proceeded in executing his instructions.
Privateers were fitted out in American ports, under cora-
raissions furnished by the rainister, to prey upon British
commerce ; and French consuls held courts of admiralty
for the condemnation and sale of prizes, and several British
vessels were captured even within the waters of the United
States. During these proceedings, the Circuit Court was held at
Richmond by the chief justice, who in his charge to the
grand jury, explained the obligations of the United States
as a neutral nation, and directed the jury to present all per
sons, within their district guUty of violating the laws of
nations with respect to any of the belligerent powers. The
charge was well calculated to strengthen the government,
by letting the public perceive that the Suprerae Court
would fearlessly discharge its duty, in punisliing acts for
bidden by the neutral position of the nation.
Genet, however, regardless alike of the opinions of courts,
the proclamation of the president, and the remonstrances
of the governraent, persevered in preparing and directing
within the United States, both naval and military operations
against the enemies of France. His rash and extravagant
conduct must be imputed to his belief that the people of
this country were prepared to side with him in his contro
versy with the president of their choice, the beloved and

LIFE OF JOHN JAY. 303
revered patriot who had led them to victory and independ
ence. His mistake must not be ascribed solely to vanity.
It no doubt originated in a great degree from his knowledge
of the existence of a party opposed to the administration,
and ready to second his views, and from an erroneous esti
mate of its strength and influence.
The proclaraation of neutrality was denounced in the
deraocratic papers, as an unconstitutional assumption of
power on the part of Washington, and he was charged
with an intention to join the league of kings against France.
The minister himself, whUe insulting the government, was
courted and caressed by the opposition, and his conduct
vindicated in the public journals.
A paper in PhUadelphia, whose editor was employed in
the departraent of state under Mr. Jefferson, contained the
foUowing :
" The rainister of France, I hope, wiU act "with firraness
and spfrit. The people are his fi-iends, or the friends of
France, and he wUl have nothing to apprehend ; for, as yet,
the people are the sovereign of the United States. Too
much complacency is an injury done to his cause, for, as
every advantage is afready taken of France (not by the
people), further condescension may lead to further abuse.
If one of the leading features of our governraent is pusU-
laniraity, when the British hon shows his teeth, let France
and her minister act as becomes the dignity of thefr cause,^
and the honour and faith of nations."
It is not surprising that -with such encouragements Gfenet,
on receiving an intimation from the govemment that force
would, if necessary, be used to prevent a French privateer,
Ulegally armed, from putting to sea, ventured to declare
that he " would appeal from the president to the people."
This threat, which could only intend a physical resistance
to the constituted authorities, by means of a mob, was
reported to the chief justice and IMr. King, at Philadelphia.

304 LIFE OF JOHN JAY.
On the 12th August, these gentleraen pubUshed in New-
York, the following note :
" Messrs. Printers,
"Certain late publications render it proper for us to
authorize you to inform the public, that a report having
reached this city from Philadelphia, that Mr. Genet, the
French minister, had said he would appeal to the people
from certain decisions of the president we were asked on
our return from that place whether he had raade such a
declaration ; we answered that he had, and we also raen
tioned it to others, authorizing them to say that we had so
infcined them. " John Jay.
"RuFiTs King."
We raight naturally suppose, that the fact thus an
nounced and authenticated would have excited a general
burst of indignation against the arrogant foreigner, who had
dared to insult the nation, in the person of its venerated
chief; but with the republican party, the indignation caused
by the note was directed only against its authors. " As if,"
to use the language of the biographer* of Washington, " no
sin could equal the crime of disclosing to the people a truth,
which, by inducing reflection, might check the flood of that
passion for France, which was deeraed to be the surest test
of patriotism ; the darkest raotives were assigned for the
disclosure, and the reputation of those who raade it could
be rescued only by a lapse of years, and a change of the
subjects of controversy, frora the peculiar party odiura with
which they were at the time overwhelmed."
The democratic papers immediately espoused the cause
of the French rainister, and with singular inconsistency
* Marshall.

LIFE OF JOHN JAY. 305
maintained that the testiraony of the chief justice, and of
Mr. King, then a senator in Congress, was insufficient to
establish the charge they had raade against Genet ; and that
the charge, if true, involved no crirainality.
" Is the president," it was asked, " a consecrated character,
that an appeal from his decisions raust be considered
crirainal? Or are the people in such a state of degradation,
that to speak of consulting thera, is an offence as great as if
Araerica groaned under a dorainion equally tyrannical vnth
the old raonarchy of France ?"
The bitterness -with wldch Mr. Jay and Mr. King were
assaUed by the partisans of Genet, evinced thefr conscious
ness of the injury their cause had sustained frora the dis
closure. But although Genet's influence gradually dechned
frora this tirae, and was finally extinguished by his recaU,
the objects at which hg had airaed, an alUance with France
and a war with England, were stUl pursued with ardour
by a nuraerous party. The conduct of England favoured
the views of this party. British garrisons stUl held no less
than eight posts on the frontiers, and within the jurisdiction
of the United States ; in open and avowed violation of the
treaty of peace. The officers commanding these posts
excluded American citizens frora the navigation of the
great lakes, and clairaed authority over all who resided
¦within the vicinity of the forts. Nor had any compensation
yet been raade for the negroes carried away by the British
fleet, on the conclusion of the war. To these causes of
coraplaint, others had recently been added. On the Sth
June, an order of councU had been issued, directing that all
vessels carrying grain or flour to France, or to ports occu
pied by French troops, should be captured and sent into a
British port where the cargoes were to be purchased for
the governraent unless security should be given that they
would be Icmded in sorae country at peace with England.
The folly of this order was equalled only by its injustice.
It was intended by afflictmg France with famine, to dispose
VOL. I.  K R

306 LIFE OP JOHN JAY.
her to peace ; but seldora has any means been used less
adapted to the end proposed. Of the bread-stuffs imported
into France, much the larger portion was derived from the
United States ; and yet it was ascertained, on inquiry, that
this portion was insufficient for the supply of the nation for
even three weeks ! At the same time, so gross an outrage
on the rights of neutral nations was far raore likely to
increase the allies of France, than to oppose the slightest
obstacle to the progress of her arras. On the 6th Novem
ber, another order stUl raore exceptionable appeared. By
this order the British cruisers were directed to capture and
send horae for " legal adjudication," all vessels carrying
supplies to any French colony, or laden with its produce.
Great Britain also claimed a right, which, although less
questionable than many of her other pretensions, was
attended in its exercise with abuses that necessarily ren
dered it odious. The English naval commanders, under
the pretence of looking for and impressing English sailors,
frequently subjected Araerican vessels to vexatious searches
at sea, and soraetimes deprived them of a part of their
crews under the suspicion, whether real or affected, of
being British subjects.
1794. J The numerous seizures of American vessels,
under the British orders, naturally and justly excited gene
ral irritation throughout the country. This irritation was
zealously inflamed by the partisans of France, who saw in
the conduct of the court of London a favourable oppor
tunity for effecting an alliance between the two republics.
Hence it happened, that the language in which the popular
complaints were uttered, instead of being that of calm and
dignified remonstrance, inspired by confidence in the abUity
and inclination of their government to protect the rights ofthe
nation, was too generally inflammatory and indecent ; and
almost as disrespectful to the national administration as it
-was to the British sovereign. The democratic clubs, and
the papers in their interests, were loud in their calls upon

LIPE OP JOHN JAY. 307 I
the governraent to depart frora its pusiUanimous system of
neutrality, and to make comraon cause with the French
republic against the tyrant of England, the natural eneray
of all republics.
In the raean tirae, Congress was neither insensible to the
wrongs of their country, nor indisposed to redress thera ;
but a diversity of opinion existed as to the proper course
to be pursued. The party in Congress opposed to the
administration recommended an increase of duties on the
manufactures of such nations as had no commercial treaties
with the United States, and to reduce thera in favour of all
other nations. The real object of this proposition was to
burden the commerce of England, and to give a bounty on
that of France. By the federal party, this mode of retalia
ting the aggressions of England was resisted as incon
sistent with the mterests and the dignity of the nation,
and advantageous to France alone. They insisted, that
if Great Britain could not be induced by negotiation to
abandon her unjust pretensions, an appeal ought to be
made to arms, and not to comraercial restrictions. A vote
of the House of Representatives indicated, however, a
sraall raajority in favour of the latter resort. In the raean
tirae the perils to which Araerican comraerce was exposed
were so irarainent, that the government was induced on the
26th March to lay an embargo for thirty days on all vessels
bound to foreign ports. The House of Representatives
also took measures for increasing the regular mihtary force,
and for organizing 80,000 mUitia. The next step taken on
the part of the raajority in this house, was a proposition to
sequester all debts due from American citizens to British
subjects ; and from these debts to constitute a fund for the
indemniflcation of such as had suffered frora British spolia
tions. This proposition was of course opposed by all who
entertained a proper respect for national faith and honour.
Its discussion, however, was interrupted by the introduction
of another project which was a resolution to suspend aU cora-

308 LIFE OP JOHN JAY.
mercial intercourse with Great Britain, till she should make
fuU compensation for the losses sustained under her orders
in council ; and until she should surrender the posts agree
ably to the treaty of peace.
Thus were the relations between the two countries
rapidly approaching to a state of open hostility ; but their
progress was still too slow to satisfy those who were im
patient for a closer connexion with France. The minority
in Congress were denounced as a British faction, seeldiig to
impose chains on their country, and even the raajority
were reproached for want of energy and decision.
Washington, who, in pursuing the welfare of his coun
try, was never enticed nor driven frora his path by popu
lar applause or clamour, concurred in opinion with the
minority in Congress. With them, he wished either an
honourable peace or an open war with Great Britain ; and
while he regarded some of the proposed measures as irri
tating but inefficient, he must have condemned others as
derogatory to the national character.
That a war with England would necessarUy check the
unexampled prosperity of the nation, throw her into the
arms of France, and expose her institutions, manners, and
morals to the influence of that revolutionary phrensy which
had caused so much crime and misery in the sister republic,
were truths too obvious to escape the attention of rainds
far less discerning than that of the president At the same
time it was equally obvious, that under existing circum
stances, peace with England could not be much longer pre
served, except at the sacrifice of the rights, property, and
honour of the country.
At this juncture the chief justice was called to Phila
delphia, by tlie term of the Supreme Court, littie antici
pating or desiring the new honours and toUs which awaited
him. Always inclined to rural pleasures and occupations,
he had resolved to leave the city of New- York, and to
erect on his estate at Bedford a dweUing-house, for the ac-

LIPE OF JOHN JAY. 309
comraodation of hiraself and family. Here he designed to
employ his intervals of leism-e in superintending the educa
tion of his children, and in improving and embelhshing his
farm. The subjoined extracts from his letters to Mrs. Jay
refer to this plan. "Philadelphia, 9th April, 1794.
" I arrived here on Monday evening ; and yesterday
dined with the president. The question of war or peace
seems to be as much in suspense here as in New- York
when I left you. I am rather inclined to think that peace
will continue, but should not be surprised if war should
take place. In the present state of things, it will be best to
be ready for the latter event in every respect." " lOth April, 1794.
" The aspect of the times is such, that prudential arrange
ments calculated on the prospect of war should not be
neglected, nor too long postponed. Peace or war appears
to me a question which cannot be solved. Unless things
should take a turn in the mean time, I think it will be best
on my return to push om- aflairs at Bedford briskly.
There is much irritation and agitation in tiiis town, and in
Congress. Great Britain has acted unwisely and unjustly ;
and there is some danger of our acting intemperately."
Washington determined to make one effort more to
avert from liis country the evils of war ; and for this pur
pose to send a special envoy to England, to try wliat could
be effected by temperate and honest, but firm remon
strances. Between liimself and' Mr. Jay, the most con
fidential and uninterrupted intercourse had subsisted from
an early period in the revolutionary war. To the chief
justice the president now turned in this moment of painful
anxiety, and urged upon liis friend the acceptance of the

310 LIFE OF JOHN JAY.
mission. The following letters show on what grounds his
consent was given, and how little the appointment was
coveted by himself or faraUy.
"to MRS. JAY.
"PhUadelphia, 15th April, 1794.
" My dear Sally,
" I was this evening favoured with yours of the 14th.
It is now between eight and nine o'clock, and I ara just
returned from court. I expect niy dear Sally, to see you
sooner than we expected. There is here a serious deter
mination to send me to England, if possible to avert a war.
The object is so interesting to our country, and the combi
nation of circurastances such, that I find myself in a dUeraraa
between personal considerations and public ones. Nothing
can be much more distant from every wish on my own
account. I feel the impulse of duty strongly, and it is
probable that if on the investigation I am now raaking, my
mind should be convinced that it is my duty to go, you wUl
join with rae in thinking that on an occasion so important,
I ought to follow its dictates, and commit myself to the care
and kindness of that Providence, in which we have both
the highest reason to repose the raost absolute confidence.
This is not of my seeking ; on the contrary, I regard it as
a raeasure, not to be desired, but to be subraitted to.
" A thousand reflections crowd into my mind, and a thou
sand emotions into my heart. I must reraeraber ray
motto, Deo duce perseverandum. The knowledge I have
of your sentiments on these subjects affords me conso
lation. " If the nomination should take place, it will be in the
course of a few days, and then it wiU appear in the papers ;
in the mean tirae say nothing on the subject, for it is not
irapossible that the business raay take another turn, though
I confess I do not expect it will.

LIFE OF JOHN JAY. 311
" My dear, dear Sally, this letter will raake you as grave
as I ara rayself; but when we consider how raany reasons
we have for resignation and acquiescence, I flatter rayself
that we both shaU becorae composed.
" If it should please God to make rae instrumental to the
continuance of peace, and in preventing the effusion of
blood and other evils and miseries incident to war, we shall
both have reason to rejoice. Whatever may be the event,
the endeavour -will be virtuous, and consequently consola
tory. Let us repose unlimited trust in our Maker ; it is
our business to adore and to obey. My love to the children.
" With very sincere and tender affection,
" I am, ray dear Sally, ever yours,
" John Jay.
" P.S. It is supposed that the object of ray raission raay
be corapleted in time to return in the fall."
"to MRS. JAY.
« Philadelphia, 19th April, 1794.
"My dear Sally,
" I refer you to the two last letters which I wrote to you
this week. It was expected that the Senate would yester
day have decided on the nomination of an envoy to the
court of London, but raeasures respecting the embargo oc
cupied them through the day. To-day that business is to be
resuraed, and you shall have the earliest notice of the result.
So far as I ara personally concerned, my feelings are very,
very far from exciting wishes for its taking place. No
appointraent ever operated more unpleasantly upon me ;
but the public considerations which were urged, and the
manner in which it was pressed, strongly impressed me
with a conviction that to refuse it would be to desert my
duty for the sake of my ease and domestic concerns and
comforts. I derive some consolation from the prospect

312 LIFE OF JOHN JAY.
that ray absence will not be of long continuance, and that
the same Providence which has hitherto preserved me will
still be pleased to accompany and restore rae to you and
our dear little family.
" The court has unceasingly engrossed my tirae. We did
not adjourn until nine last night. I feel fatigued in body and
raind. But reflections of this kind are not to be indulged ; I
raust endeavour to sustain with propriety the part assigned
me, and raeet with composure and fortitude whatever disa
greeable events may occur to counteract my wishes or in
crease my task. I shall have i-est in time, and for that rest
I wUl not cease to prepare. I am very anxious to be with
you ; and the moment the preparatory measures here will
permit, I shall set out.
" My love to the children ; and believe me to be unalter
ably and affectionately yours,
"John Jay."
"to MRS. JAY.
" Sunday evening, 20th April, 1794.
" My DEAR Sally,
" I this moment received yours by General Schuyler.
As yet I have not seen him. It found me alone, and not a
little pensive. Your own feelings will best suggest an idea
of mine. God's will be done ; to him I resign — in him I
confide ; do the like ; any other philosophy applicable to
this occasion is delusive — away with it. Your indisposi
tion affects me. Resist despondency ; hope for the best.
" Yesterday the Senate approved of the nomination by a
great majority. Mr. Burr was among the few who opposed
it. I have hopes that our friend, Mr. Trumbull, will con
sent to go as secretaj-y. To-morrow the preparations for
despatching me will begin ; when they will be completed,
so as to adrait of my leaving this place, I cannot yet decide.
I am exceedingly impatient to set out for New- York.

LIFE OP JOHN JAY. 313
" God bless and preserve you aU. Be assured that I
shaU never cease to be, " My dear Sally,
" Your very affectionate husband,
"John Jay."
from mrs. jay. " Xew-York, ;2d April, 1794.
" My dear Mr. Jay,
" Yesterday I received your two kind letter."; of Saturday
and Sunday. I do indeed judge of your feelings by my
own, and for that reason forebore -writing whUe under the
first impression of surprise and grief
" Your superiority in fortitude, as well as every other
-s-irtue, I am aware of; j^et I know too well your tenderness
for your family to doubt the pangs of separation. Your
own conflicts are sufficient : they need not be augmented
by the addition of mine. Never was I more sensible of the
absolute ascendency you have over my heart When,
alraost in despair, I renounced the hope of doraestic bUss,
your image in my breast seeraed to upbraid rae -with adding
to your trials. That idea alone roused rae frora my de
spondency. I resumed the charge of my farailj^ and even
dare hope that, by your example, I shall be enabled to look
up to that Divine Protector frora whom we have indeed ex
perienced the most merciful guardianship.
" The chUdren continue well. They were exceedingly
affected when they received the tidings, and entreated me
to endeavour to dissuade you from accepting an appoint
ment that subjects us to so painful a separation.
" Farewell, ray best beloved.
" Your wife tUl death,
" And after that a ministering spfrit."
The nomination of iMr, Jay was strenuously opposed in
the Senate. It interfered with the views of those who
VOL. I.  S S

314 LIFE OP JOHN JAY.
desired a war with England, and a closer connexion with
France. The appointment it was contended, compromited
the independence of the judicial departfnent, by teaching
the judges to aspire lo executive favours ; and the proposed
envoy, it was asserted, had by his vindication ofthe conduct
of Great Britain, while secretary for foreign affairs, evinced
his unfitness for the duty now intrusted to him. The nom
ination was confirmed by a vote of 18 to 8.
The House of Representatives, in which there was a
small raajority against the administration, determined if
possible to render the raission to England abortive. Two
days after the appointment of the envoy the House re
solved that frora the first of November ensuing, the
importation into the United States of all articles of the
growth or manufacture of Great Britain or Ireland ought
to be prohibited. A bill to this effect was accordingly in
troduced and passed ; but was rejected in the Senate, by
the casting vote of the vice-president. Had a measure so
irritating and offensive been adopted, the concUiatory
efforts of Mr. Jay would in aU probability have been un-
avaUing, and the failure of his negotiation must have inevi
tably been succeeded by war.
An attempt was soon after made by Mr. Monroe in the
Senate to suspend by law the article of the treaty of peace
which secured to British creditors the right of recovering
in the United States their honest debts. This proposal to
wrest from innocent individuals a right founded in common
justice, and guarantied by the national faith, was sup
ported by only two senators. It is due to Mr. Monroe to
mention that he acted under instructions from the Legisla
ture ' f Virginia !
The critical situation of the country urged the speedy
departure of Mr. Jay, and on the 12th May he embarked
at New-York, accompanied by his eldest son, and by Col.
TrumbuU as his secretary. About a thousand of his fellow-

Life of john jay. 315
citizens attended him to the ship ; thus testifying their respect
for the envoy, and their interest in his mission.
The foUowing is extracted frora a letter to Mrs. Jay,
sent the next day by the return of the pilot-boat : —
" 1 have seen this day's newspapers, and the PhUadelphia
democratic resolutions published in them. They give me
no concern, and I hope they will be equaUy indifferent to
you. The less you say on such subjects, the less you will
flatter the importance of those who may not wish us weU.
We have the prospect of a good voyage, but it would be in
finitely less disagreeable if it was towards, instead of being
from you and our children and friends. I look forward to
that pleasure, and sincerely hope and pray that a kind Pro
vidence will so order events, that my return be not pro
tracted beyond the time we contemplate. Kiss our littie
ones for me. Once more farewell : — and that the Author
and Giver of all consolation may be and remain with you
and them for ever, will not cease to be the prayer of
" Your very affectionate husband, " John Jay."
The resolutions aUuded to in this letter consisted of an
inflammatory denunciation, by the Philadelphia deraocratic
society, both of the mission and the minister. The efforts
made at this period, by the democratic societies in the
United States, to destroy the confidence reposed in the
patriotism and integrity of Washington, and to counteract
the measures of his administration, render their origin, char
acter, and designs an interesting subject of inquiry.
The Jacobin club of Paris was established at a time when
the revolution had prostrated all legitimate government,
and had invested the mob, under the name of " the sove
reign people," with the privUege of murdering and plunder
ing at pleasure. This club numbered among its members
and leaders Robespierre, Daiiton, Marat, CoUot d'Herbois,

316 LIFE OP JOHN JAY.
Santerre, and indeed almost all the ferocious demagogues
who in succession acquired the power of sacrificing the liber
ties and lives of their countryraen to their own unhallowed
passions. The Jacobin club claimed to be the great cham
pion of the rights of the people ; and care was taken that
none should be admitted whose nerves or consciences raight
shrink from the raeans, by which it was deterrained those
rights should be protected. Hence the club never con
tained, it is said, more than eighteen hundred raerabers,
who were adraitted by ballot. This number, scattered
through Paris, was sufficient to disseminate the doctrines
and views of their leaders, while it was not too unwieldy
to be subjected to the necessary discipline. But what was
wanting in the number of its raembers was amply com
pensated by the multitude of its affiliated clubs, dispersed
through France, and amounting to not less than two thou
sand. With these the parent club maintained an active
correspondence, and, through their co-operation, exercised
a raost relentless and appalling despotism.
A few days after Genet's arrival in Philadelphia, the
" Pennsylvania Democratic Society'' was organized in that
city. Its constitution was k la mode de Paris, and an invi
tation was held forth for the formation of affiliated societies
throughout the Union. The invitation was not given in
vain : democratic societies started into being in almost
every section of the Union ; all professing the sarae object,
— the rescue of the people frora the oppression and corrup
tion of their rulers.
The Charleston society forwarded a petition to the Paris
club, praying for the honour of adoption. The request was
opposed on the ground that the Araericans were undeserv
ing such a favour, as they had not yet shed their blood in
the cause of France. The society, however, found an
advocate in the notorious CoUot d'Herbois, who contended
that the desired honour would have a tendency to induce
the Americans to discharge the obligation.

LIFE OP JOHN JAY. 317
No associations could have been more completely sub
versive of the principles of a representative government
than these societies, formed as they were for the express
purpose of controlling the deliberations and measures of the
constituted authorities. Had they been assemblies of the
people convened to investigate the conduct of their rulers,
their decisions might have claimed the respect due to an
expression of the pubUc sentiment. But far from opening
their doors to the public, these societies carefully excluded,
by the ballot, every individual whose republicanism did not
rise to the degree which they chose to make the standard
of true patriotism. Hence, while pretending to express the
VOICE OF THE PEOPLE, they were frequently acting in direct
opposition to the wishes and opinions of the coraraunity in
which they happened to be established. The authority at
which they aimed was arbitrary and unconstitutional
in the extreme. Self-elected, and having in no respect
a representative character, they attempted to control the
government; and their resolves, passed in secret con
clave, were sent forth as the will of the people, and
every resistance to their mandates was denounced as a
crime against republicanism. Had these irresponsible so
cieties acquired the power at which they grasped, the
people of the United States would have been virtually
subjected to a tyrannical oligarchy, the more odious and
dangerous from being amenable to no tribunal.
The immediate object of the democratic societies was
to thwart the endeavours of Washington to maintain the
neutral attitude of the country. Hence all their raeasures
tended to force the nation into an alliance with France, and
a war with England. The New- York society, a few days
after Mr. Jay's departure, published an address to the
people, in which they declared — " We take pleasure in
avowing that we are lovers of the French nation ; that we
esteera their cause as our own. We raost firmly believe
that he who is an enemy to the French revolution cannot be

318 LIFE OP JOHN JAY.
a firm republican ; and, therefore, though he may be a good
citizen in other respects, ought not to be intrusted with the
guidance of any part of the machine of government." A
Pennsylvania society resolved that the president had no right
to issue the proclamation of neutrality, and denied the
assertion in the proclaraation that neutrality was the duty
and interest ofthe United States. The mission to England
was loudly censured, and the envoy objected to on account
of his high standing in the community. " The revolution
of France," it was said, " had sufficientiy proved that gene
rals may be taken from the ranks, and ministers of state
from the obscurity of the most reraote village.' Is our
president, like the grand sultan of Constantinople, shut up in
his apartment, and unacquainted with all talents or capa
cities but those of the seraskier or mufti that happens to be
about him ?"
A Virginia society, in obvious reference to Washington,
voted that the constitution ought to be so altered as to ren
der the president ineligible a second time.
After the president had demanded the recaU of Genet,
the Pennsylvania society inforraed the people, that foreign
ministers were responsible only to their own governments,
and insinuated that the objections which had been made to
Genet's conduct originated 'in foreign influence.
We have Washington's own assertion, that the rebellion in
Pennsylvania, on account of the excise law, was fomented
by the democratic societies ; unquestionably for the purpose
of impairing his influence, and embarrassing his adrain
istration. Great pains were taken by these societies to incorporate
with American manners the follies and extravagances
engendered by the French revolution. The New- York
society provided by its constitution that the term Citizen
should be prefixed to the designation of all its officers ; and
thus the aristocratic address of Mr. Chairman was ex
changed by its members for the republican appellation of

LIFE OF JOHN JAY. 319
" Citizen Chairman." The society gave a public dinner on
the 4th July, and, faithful to this patent raode of maintaining
the equal rights of their countrymen, toasted the president
ofthe United States as " Citizen George Washington," with
out adding a word indicative of respect for his station, or
gratitude for his services. It was even discovered, that
courtesy to the fair sex was inconsistent with republican
ism ; and although good democrats stUl married, the more
scrupulous were careful that the public journals, in an
nouncing the marriage, should designate the bride as
" Citess," instead of Miss.
It is scarcely credible to what an extent the absurdities
devised and practised by the French demagogues to in
flame the passions ofthe mob, were adopted and applauded
by multitudes of the hitherto staid and reflecting citizens
of the United States. All heraldic bearings had been de
nounced in France as aristocratic ; in America, few could
be found to offend the lovers of equality ; but fastidious
patriots were not wanting who were scandalized at the
sight of a spread eagle on the coin, and over the caption of
printed acts of Congress. The eagle, like the lion and the
unicorn, was supposed to have some affinity with royalty ;
and was therefore declared in the newspapers to be unde
serving the honour bestowed on him. The tree of liberty,
surmounted by the cap of liberty, was everywhere erected,
as if such emblems could add security to the rights and
liberties of the people, already amply protected by their
own laws and constitutions. A liberty cap, decorated with
the French and American flags, was placed with great
pomp in the Merchants' Exchange, in New- York. A large
concourse asserabled on the occasion, and united in singing
patriotic songs, while a detachment of the militia attended
under arms in honour of the ceremony.
But the patriotism which blazed in these fantastic and
equivocal forras derived no portion of its warrath from

320 LIFE OF JOHN JAY.
admiration for the character of hira, whora a grateful nation
had placed at the head of its government. A democratic
public dinner was given at Philadelphia, in honour of the
French victories ; Genet, of whose insolence Washington
had complained to Congress, and whose recaU he had
already demanded, was an invited guest. In the toasts
prepared for the occasion, an opportunity was presented
arid embraced of offering a double insult to the president.
" The persecuted Genet," and " May laws, and not procla
mations, be the instruments by which freemen shaU be
governed," mark the influence of foreign partialities in
counteracting the dictates of decency and patriotism.
Another fete was given at PhUadelphia, in honour of the
revolution in Holland. A great crowd asserabled in the
public square, and thence marched in procession, bearing
the French and Dutch flags, into the garden attached to the
residence of the French minister, the successor of Genet.
In the garden was erected an altar to Liberty, and before
this altar the mob, after chanting hymns to the goddess, took
an oath to be faithful to her, and never to forget the genius
and the arras that had restored freedom. The profanity
and folly of this oath indicate its foreign origin. After
this muramery, the minister addressed the multitude, and
in evident allusion to Mr. Jay's mission, told them that as
virtuous men rejected the friendship of the wicked, so a free
people should have no union with despots, engaged in war
with nations who were breaking their fetters. The festivity
concluded with a pubhc dinner, at which there were four
hundred guests. The democratic societies were toasted
with applause, but he who was first in war, first in peace,
and who ought to have been first in the hearts of his coun
trymen, reraained unnoticed.
Nearly a whole generation has passed away since the
scenes and follies we have mentioned were acted: they
linger in the recollection of a few only, and are so dis
cordant with the present character of the American people.

LIPE OP JOHN JAY. 321
that were they not recorded in the journals of the time, we
should be inclined to believe that they belonged rather to
fiction than to history.
We have entered into these details, not for the sake of
reviving and perpetuating transactions on which no Araer
ican can dwell with pleasure, but for the purpose of showing
the obstacles to a reconciliation with England, presented
by the machinations of the democratic societies, and the
infatuated predUection for republican France, which at that
time was extensively felt in the United States ; and also
for the purpose of laying open the secret sources of that
inveterate hostUity which the treaty concluded by Mr. Jay
was doomed to encounter.
VOL. I.  TT

822 LIFE OF JOHN JAY.

CHAPTER IX.
1794-95.
Negotiation of British Treaty — Extracts from Mr. Jay's Correspondence.
Three objects were contemplated by Mr. Jay's instruc
tions. These were, compensation for the losses sustained
by American merchants in consequence of the orders in
council, a settlement of all existing disputes in relation to
the treaty of peace, and a commercial treaty. The con
fidence placed by the president in his envoy, led him to
direct him to consider his instructions raerely in the light
of recommendations. Only two restrictions were imposed
on the discretion of the rainister : one was, not to enter into
any stipulation inconsistent with the existing engageraents
of the United States with France ; and the other not to con
clude any commercial treaty that did not secure to the
United States a direct trade in their own vessels, " of cer
tain defined burdens," with the British West India islands,
in whatever articles were at present allowed to be carried
in British bottoms. These restrictions were probably im
posed with the view of furnishing evidence, should it ever
be required, both of the good faith of the government
towards France, and of its attention to the commercial
interests of the nation.
Mr. Jay landed at Falmouth on the evening of the Sth
June, and with his usual promptitude forwarded the same
night to Lord GrenviUe, the secretary for foreign affairs, a
letter announcing his arrival. In a few days he reached
London, and his first note to the British minister affords a

LIPE OF JOHN JAY. 323
specimen of the friendly and concUiatory tone which both
policy and propriety induced him to adopt.
" Pallmall, Royal Hotel, 15th June, 1794.
" My Lord,
" You have doubtiess received a letter which I had the
honour of writing to you frora Falraouth. I arrived here
this morning. The journey has given me some health and
much pleasure, nothing having occurred on the road to
induce me to wish it shorter.
" Col. Trumbull does rae the favour to accorapany rae as
secretary ; and I have brought with rae a son, who I am
anxious should forra a right estimate of whatever may be
interesting to our country. Will you be so obliging, my
lord, as to perrait rae to present thera to you, and to inforra
rae of the tirae when it wiU be most agreeable to your lord
ship that I should wait upon you, and assure you of the
respect -with which " I have the honour to be, &c. &c.
"John Jay."
Lord GrenviUe was coraraissioned by the king to treat
with Mr. Jay, and the sincerity and candour of the two
negotiators soon led to a degree of rautual confidence that
both facilitated and lightened their labours. Instead of
adopting the usual wary, but tedious mode of reducing every
proposition and reply to writing, they conducted the nego
tiation chiefly by conferences, in which the parties frankly
stated their several views, and suggested the way in which
the objections to those views raight be obviated. It was
understood that neither party was to be coraraltted by what
passed in these conversations ; but that the propositions
made in them might be recaUed or raodified at pleasure.
In this manner the two ministers speedUy discovered on
what points they could agree, where their views were
irreconcilable, and on what principles a compromise could
be effected.

324 LIFE OF JOHN JAYj
The period at which this negotiation was commenced
added not a little to the difficulties in which it was involved,
and exacted from the American envoy an unusual degree
of circuraspection.
On his arrival in England, the revolutionary phrensy in
France was at its height. Robespierre was revelling in all
the wantonness of unbridled power ; and the French people,
the unconscious vassals of a bloody tyrant, were perpe
trating acts of cruelty and impiety, which excited the
astonishment and abhorrence of all who duly estiraated the
claims of humanity and the obligations of religion. With
this people the British monarch was waging a war, in which
he was supported by the enthusiastic co-operation of his
own subjects, and by the alliance of Russia, Austria, Spain,
and Sardinia. Although in this war the United States
were professedly neutral, yet it was well known that the
syrapathies of a large portion of their citizens were enlisted
on the side of France, and that they were with difficulty
restrained by their government from violating the duties
of neutrality. The late proceedings of Congress, also,
had tended but little to conciliate the good will of Eng
land. The American war, and the consequent independ
ence of her colonies, had moreover wounded the pride of
Britain, and engendered feelings towards the United States
unpropitious to the present negotiation. The extent of her
resources, the number of her allies, the nature of the war in
which she was engaged, and her resentments towards the
United States, all combined to indispose Great Britain either
to acknowledge the wrongs she had comraitted, or to raake
reparation for them. .
Mr. Jay, moreover, arrived at a moment of national re
joicing for a splendid victory which had just been achieved
by Lord Howe over the French fleet. If under all these
circumstances he had affected a republican sternness, and
a disregard of the usual courtesies of courts ; if in a lofty
tone he had denounced the aggressions of Britain, and

LIPE OP JOHN JAY. 325
threatened her with the vengeance of the Araerican repub
lic, unless she instantly complied with all his demands, his
raission would have terrainated abruptly, and a war with
England, and an alliance with France, would have been the
bitter fruits of his iraprudence. The teraper and disposi
tions with which he conducted this negotiation are disclosed
in an official despatch to Mr. Randolph, the American sec
retary of state.
" I shall persevere in my endeavours to acquire the con
fidence and esteem of this government not by improper
compliances, but by that sincerity, candour, truth, and pru
dence which, in my opinion, -will always prove to be raore
wise and more effectual than finesse and chicane. Forraal
discussions of disputed points should, in my judgment, be
postponed, until the case becomes desperate ; my present
object is to accoraraodate, rather than to convert or con
vince. Men who sign their names to arguraents, seldom
retract. If, however, my present plan should faU, I shall
then prepare and present such formal, and at the same time
such temperate and firm representations, as may be neces
sary to place the claims and conduct of the two govern
raents m their proper points of view."
The British spoliations upon American comraerce had
arisen from a series of orders in council, evidently at vari
ance with the rights of neutrals ; and under these orders,
not only had Araerican property to a prodigious amount
been captured, but frequent seizures had been made, which
were not expressly authorized by thera, and which there
fore led to a tedious and expensive course of litigation in
the English courts of admiralty.
It will be readily conceived, tiiat Great Britain would
-with great reluctance acknowledge before the world, that
in issuing these orders she had transgressed the laws of
nations, and as a proof of her penitence, restore the booty she
had taken. Mr. Jay was too well versed in the knowledge
both of courts and of human nature, to ask for humUiating

326 LIFE OP JOHN JAY.
concessions ; and yet the chief object of his mission was to
obtain corapensation for these outrages ; and he well knew
that unless this point was effected, war raust ensue. He pro
posed that commissioners should be appointed, who, upon due
investigation, should award compensation for all Araerican
vessels and property that had been Ulegally captured and
condemned during the existing war, " under colour" of au
thority and commissions derived frora the king, and for which
no redress could be obtained in his majesty's courts. This
course, while it saved the pride of England, would effectu
ally secure the rights of American claimants. The propo
sition was accepted, and it was agreed that four corarais
sioners should be appointed, two by the king, and two by
the president and senate. These four were to appoint a
fifth, but if they could not agree in their choice, then the
coraraissioners on each side were to norainate a person, and
one of the persons thus nominated was to be selected by
lot. These five coraraissioners were to raeet in London,
and to decide all claims that came before them, "according
to the merits of the several cases, and to justice, equity,
and the laws of nations." This last condition virtually
abrogated the orders in councU, as affording any justification
for the captures raade under them.
The next object of attention was the differences existing
between the two countries in relation to the infractions of
the treaty of peace. We have already seen that, contrary
to the stipulations of this treaty, certain negroes had been
taken from New- York by the British, on the conclusion of
the war ; and certain military posts, which were to have
been evacuated, were stUl garrisoned by British troops.
The treaty had also been disregarded on the part of the
United States, by certain legal enactments which prevented
British creditors from recovering their just debts.
The treaty had stipulated that his Britannic Majesty
should, with all convenient speed, withdraw his armies,
garrisons, and fleets frora the United States, without " car-

LIFE OP JOHN JAY. 327
rying away any negroes or other property of the American
inhabitants." The British rainister insisted that the pur
port of these words was to secure the Araerican inhabit
ants from depredation, not to entitle them to the restitution
of property they had lost by the fortune of war ; and he
denied that the negroes in question were, at the tirae they
were carried away, any raore the property of their forraer
masters than the ships or horses that had been taken in
battle. This reasoning, whether conclusive or not, had too much
semblance to truth to justify Mr. Jay in maintaining its
fallacy at the hazard of breaking off the negotiation. Lord
GrenviUe peremptorUy refused to make any corapensation
whatever for these negroes ; and when it is recollected,
that the Araerican negotiator, by waiving this claim and
pursuing the other and more iraportant objects of his rais
sion, finally obtained for his countryraen raany raUlions for
the losses they had sustained on the ocean, and saved to
thera raany raore raillions by averting an impending war,
few wUl be disposed to censure his conduct.
The case of the negroes being thus disposed of, the breach
of the treaty on the part of the United States, in obstruct
ing the collection of British debts, remained to be corrected
before the evacuation of the posts could be decently de
manded. It is true that, under the new constitution, the federal
courts were open to British creditors, and that they there
found the justice which had been refused to them before.
But the federal courts had been established only for the
last six years, and various debts had been previously
lost by the inability of the creditors to recover them, — the
debtors having become insolvent, removed, or died. In
these cases the courts could afford no relief, and the
British government claimed reparation. Mr. Jay acknow
ledged the justice of the claim, and provided for its satis
faction. He prepared an article, which was inserted in the

328 LIFE OF JOHN JAY.
treaty, stating that " whereas it is alleged by divers mer
chants and others, his majesty's subjects," that they had sus
tained various losses by the legal impediments they had
experienced in collecting debts in America due to thera be
fore the war, it was agreed that coraraissioners should be
appointed in the sarae manner as those already mentioned,
who should award full compensation for losses for which
compensation could not be obtained in the ordinary course
of justice.
The British were thus deprived of aU pretence for retain
ing the posts, and it was agreed that they should be sur
rendered on or before the 1st June, 1796. The settlers
and traders within the jurisdiction of the posts were to be
permitted to reraain and to enjoy their property without
becoraing citizens of the United States, unless they should
think proper to do so.
Several British vessels had been captured by French
privateers illegally arraed in Araerican ports, and some had
even been taken in the waters of the United States. Wash
ington had, in 1793, admitted the obligation of the United
States to make compensation for these captures ; and it
was now agreed, that all claims of this nature should be
settled by the commissioners to whora claims for British
spoliations had already been referred.
The complaints on either side being thus amicably and
honourably adjusted, Mr. Jay and Lord GrenvUle pro
ceeded to arrange the future intercourse between the two
governments, on principles of justice, huraanity, and rautual
convenience. The United States and the Canadas, being separated
partly by an imaginary line, and partly by navigable
waters, it became iraportant to promote harmony and good
neighbourhood on the frontiers, and therefore to afford to
each party such mutual accomraodations as their local situ
ation required. Hence it was agreed that the inhabitants
might freely pass by land or inland navigation into the ter-

LIPE OF JOHN JAY. 329
ritories of the two parties, and carry on trade with each
other ; and that the duties on goods thus introduced should
be the same as those paid by the citizens of the country into
which they were iraported.
As doubts existed respecting parts of the boundary-line
fixed by the treaty of peace, provision was made for settling
them by surveys to be made by commissioners appointed
for the purpose. Lands held by the subjects and citizens
of the two parties in the territories of the other, were con
firmed to them and their heirs.
A proposition had been lately made in Congress to
sequester British debts. Mr. Jay revolted from this attempt
to extend the raiseries of war, and especially by acts of
injustice and perfidy. He therefore inserted in the treaty an
article declaring that neither the debts due from individuals
of one nation to individuals of the other, nor moneys which
they might have in the public funds, or in public or private
banks, should ever, in any event of war or national differ
ences, be sequestered or confiscated ; " it being unjust and
impolitic that debts and engagements contracted and raade
by individuals having confidence in each other and in their
respective governraents, should ever be destroyed or
impaired by national authority, on account of national
differences or discontent."
The original draught of the treaty prepared by Mr. Jay,
and subraitted to Lord GrenviUe, contained the following
article. " It is agreed, that if it should unfortunately happen that
Great Britain and the United States should be at war, there
shall be no privateers commissioned by them against each
other." Huraanity must deplore that this article did not
receive the sanction of the British minister. Had it been
adopted, the example set by two such powerful maritirae
nations would probably have led to the abandonraent of this
species of warfare, — a warfare prorapted only by a thirst
VOL. I.  U V

330 LIFE OP JOHN JAY.
of gain, and which, while it occasions extensive suffering,
rarely affects the national objects ofthe contest.
It will be recollected that by his instructions, the Ameri
can rainister was precluded from forming any treaty of
commerce, that did not secure to the United States at least
a qualified trade to the British West Indies. This trade
had been enjoyed by the late colonies, and it had added
rauch to their wealth and power. Their separation from
the mother country of course deprived them of it ; -and they
seized the first opportunity, on the cessation of hostilities, to
atterapt its recovery. In 1783 the Araerican coraraission
ers at Paris, in their negotiation with Mr. Hartley, endeav
oured, but without success, to induce the British cabinet to
open the ports of their West India colonies. The policy of
the European powers in monopolizing the trade of their colo
nies seemed to be immoveably estabhshed. Even France
in her treaty of 1778 granted no share of her colonial trade
to her new and cherished allies ; and from the colonies of
Spain all foreign vessels were rigidly excluded. Circum
stances indeed, as war or scarcity, led occasionally to a tem
porary relaxation of this monopoly ; but in general it was
regarded as a settled principle of European policy, that each
nation was exclusively to enjoy the trade of its own colo
nies. The task assigned to Mr. Jay, of inducing Great
Britain to depart from this exclusive system, to which long
habit and common opinion had strongly attached her, was
not an easy one. So sensible was the president of the
obstacles that would oppose his success, that he instructed
him to ask for the privilege of carrying on this trade only in
vessels of " certain defined burdens ;" fuUy sensible that a
free, unqualified trade was not to be expected. Mr. Jay
did indeed succeed in obtaining a partial relaxation of the
colonial monopoly, but it was only on certain conditions
and securities. He proposed that Araerican vessels of 100
tons should be admitted into the West India ports ; but the
British rainister liraited the burden to 70 tons, and further

LIFE OP JOHN JAY. 331
insisted that if this boon were granted, the United States
must stipulate that all the cargoes taken by their vessels
from the British islands should be landed in the United
States ; and moreover that no molasses, sugar, coffee,
cocoa, or cotton should be shipped from the United States
to any other partof the world. Under these restrictions he
was willing that the citizens of the United States should
carry in their own vessels to the islands, any produce or
manufactures of their country which were at present ad
mitted in British bottoms, and raight return with any car
goes which British vessels were perraitted to carry to the
United States.
These were apparently hard conditions, and the Ameri
can mir^ter was required to decide whether, under all
circurastances, it was raost advisable to reject or accept
thera. If he rejected thera, he rejected with thera the
various and important commercial privileges which Britain
was ready to concede to the United States, both in Europe
and the East Indies ; for his instructions, perhaps unwisely,
precluded him from agreeing to any treaty of comraerce
that did not secure the West India trade. To this con
sideration was added the actual situation of the West
India Islands. Martinico, Guadaloupe, St. Lucia, and To
bago had all been recently captured by the British, and
were of course, like the other British islands, closed to
Araerican commerce. The part of St. Domingo belonging
to France, and now its only remaining colony, was in a
state of insurrection, and would probably either be held by
the insurgents, or captured by the British forces. To none
of the Spanish islands were American vessels entitled
to trade. St. Eustatia, Curacjoa, St. Bartholomew, St.
Thoraas, St. John, and St. Croix, were the only remain
ing islands of importance, with which the United States
could expect to maintain a commerce. The question then,
wiiich the American negotiator was called upon to deter
mine was, whether the privUege of importing the produce

332 LIFE OP JOHN JAY.
of these few islands in American bottoras, and of the British
islands in British bottoras, and under whatever duties
Britain raight choose to exact, and re-exporting to Europe
what we raight not want for our own consuraption, was of
more value than a free and direct trade, under equal duties,
with the rich and numerous islands belonging to Great
Britain, affording a market for many of our staples, and
furnishing in abundance all the tropical productions we
might want ; added to the comraercial privileges in Europe
and Asia offered by the British cabinet. It must also be
recollected, that the conditions imposed left the Araerican
merchant at full liberty to carry cargoes direct to Europe
frora any island not belonging to Great Britain. Mr. Jay
believed it to be his duty to accept the trade on the condi
tion which it was offered, but thought it raost prudent
to limit the duration of the article respecting it, to two
years after the termination of the existing war. Peace
might change the possession of some of the islands,
and lead to further relaxations in the colonial policy of
Europe ; and by this limitation the United States would be
in a condition to avail themselves of whatever changes
might occur.
It may seem singular, that the American minister should
have consented to prohibit the exportation of cotton, now
one of the most important staples of his country. The
explanation is at once curious and satisfactory. In the
original draught of the treaty, the United States stipulated
to prohibit during the continuance of the article, all " West
India productions - and manufactures." This expression
was, on reflection, deemed too general, and it was thought
best to specify the prohibited articles, and hence cotton
was inserted as a West Indian production. The cultiva
tion of this article had but recently been introduced into
the United States, and the success of the experiment had
not yet been fuUy tested. The cotton used in the United
States was almost wholly brought from the West Indies.

LIPE OP JOHN JAY. 333
Of 404,135 pounds imported in 1792, 373,350 came frora
the islands. A few raonths before Mr. Jay's departure,
Mr. Jeflerson, the secretai-y of state, in a report to Con
gress on the commerce of the United States, enumerated
tiic exports of tiie country, but made no mention whatever
of cotton. It was not at that time known as one of tiie
productions of the United States. It appears, indeed, from
the custom-house returns, tiiat small quantities of it had
been sent abroad, but ^\lletiler they Mere of foreign or
domestic growth is not kno^-n.
A direct trade was granted to tiie United States to and
from the British East Indies, on the payment of the same
duties as were charged on British vessels and cargoes.
Tliis relinquishment of discriminating duties, was a bold
innovation upon the navigation laws of England, and a
very essential advantage to the United States. Reciprocal
and perlect liberty of commerce between the United States
and tiie British dominions in Europe was secured bj^ tiie
treaty. Contraband articles were specified, and the rigour
of the laws of nations relative to provisions was softened,
by a stipulation, that in all cases in M'hich, b}- those laws, they
were deenied contraband, instead of being forfeited, they
raight be taken by tiie belligerent party, on paying their
full ^-aluc, M'itii the freight, and a reasonable mercantile
profit. It was also agreed, that the citizens of one country
should not enter into the service of a foreign power, to
fight against tiie otiier ; and tiiat such of tiiem as accepted
a foreign commission for arming a ^•essel as a privateer
ngainst cither of the parties, might, if taken, be treated as
a pirate. With tho exception of the articles already mentioned as
having been made permanent, and tiie article respecting the
^^'est India trade, tiie ti-eaty was to remain m force for
twelve years.
Such were the principal features of tiiis celebrated
ti-eaty. It was signed on the 19tli November; and Lord

334 LIFE or JOHN J.AY.
GrenvUle, having occasion tiie sarae day to address a note
to Mr. Jay, took the opportmiity to express tiie following
sentiments, in which there was probably more sincerity
than usually raai'ks the courtesies of diplomatic corres
pondence. " I cannot conclude tiiis letter witiiout repeating to you
the very great satisfaction I have deri^"ed fi-om tiie open
and candid manner in which you have conducted on your
part the whole of tiie difficult negotiation, \\liich Me have
now brought to so successftd an issue, aud from tiie dispo
sition Mhich you have uniformly manifested, to promote the
objects of justice, concUiation, and lasting friendsliip between
our two countiies."
In his letter to tiie secretary of state, transmitting the
treaty, Mr. Jay observed : — " The long-expected treaty
accompanies this letter. The difficulties Mhich retarded
its accomplishraent frequently had tiie appearance of being
insurmountable. They ha-\-e at last yielded to modifications
of tiie articles in which the}' existed, and to that mutual
disposition to agreement, Mhich reconciled Lord GrenviUe
and myself to an unusual degree of trouble and application.
They who have levelled uneven ground, Imow how littie of
the work afterward appears.
" Since the building is finished, it cannot be very iraport
ant to describe the scaffolding, nor to go into all tiie details
which respected the business. My opinion of the treaty is
apparent, from my having signed it. I have no reason to,:
believe or conjecture, that one more favourable to us is
attainable." On the conclusion of the treaty Mr. Jay inforraed Mr.
Monroe, the American minister in France, of the event ;
and that it contained a clause expressly declaring, that
nothing in it was to operate contrary to the provisions of
existing treaties between the United States and other
powers ; and intimated, that he would before long cora-

LIFE OP JOHN JAY. 335
municate to hira in confidence its principal heads. This led
to the following correspondence. from JAMES MONROE. " Paris, January 17th, 1795.
"Sir,
" Early in December last, English papers were received
here, containing such accounts of your adjustment with the
British adrainistration as excited rauch uneasiness in the
councils of this governraent ; and I had it in conteraplation
to despatch a confidential person to you, for such inforraation
of what had been done as would enable rae to reraove it.
At that raoraent, however, I was favoured with yours of the
25th Noveraber, intiraating that the contents of the treaty
could not be raade known until it was ratified, but that I
might say it contained nothing derogatory to our existing
treaties with other powers. Thus advised, I thought it
iraproper to raake the application, because I concluded the
arrangement was mutual, and not to be departed • from. I
proceeded, therefore, to make the best use in my power of
the inforraation already given.
" To-day, however, I was favoured with yours of the 28th
of the sarae month, by which I find you consider yourself at
liberty to communicate to me the contents of the treaty ;
and as it is of great importance to our affairs here to
remove all doubt upon this point, I have thought fit to
resume my original plan of sending a person to you for the
necessary inforraation, and have, in consequence, despatched
the bearer, Mr. John Purveyance, for that purpose. I have
been the more induced to this, from the further consideration
that in case I should be favoured with the coraraunication
promised in cipher, it would be impossible for me to cora-
prehend it, as Mr. Morris took his oft' with hira.
" Mr. Purveyance is from Maryland, a gentleman of
integrity and raerit, and to whom you may commit what
ever you raay think proper to confide, with perfect safety.

336 life op JOHN JAY.
'Tis necessary however to observe, tliat as nothing will
satisfy this government hut a copy of the instrument itself,
and which as our ally it thinks itself entitled to, so it wUl be
useless for me to make to it any new communications short
of that. I mention this that you may know precisely the
state of my engagements here, and how I deem it my duty
to act under thera, in relation to this object. 1 beg leave to
refer you to Mr. Purveyance for whatever other inforraa
tion you raay wish to have, either on this subject, or the
affafrs raore generally of this republic.
" I have the honour to be,
" With great respect, &c. &c. <&.c.
" James Monroe."
" to JAMES MONROE.
" London, February 5th, 1795.
" Sir,
" I have received the letter you did rae the honour to
write on the 17th of last raonth, by Mr. Purveyance.
"It is much to be regretted that any unauthorized accounts
in English newspapers, of my ' adjustment' with the British
administration, should ' have excited much uneasiness in the
councUs ofthe French government;' and the more so, as it
does not imply that confidence in the honour and good faith
of the United States which they certainly merit.
" You must be sensible that the United States, as a free
and independent nation, have an unquestionable right to
make any pacific arrangements with other powers which
rautual convenience raay dictate, provided those arrange
raents do not contradict or oppugn their prior engageraents
with other states.
" Whether this adjustraent was consistent with our treaty
with France, struck rae as being the only question which
could deraand or receive the consideration of that republic ;
and I thought it due to the friendship subsisting between
the two countries, that the French governraent should have.

LIPE OP JOHN JAY. 337
without delay, the most perfect satisfaction on that head.
I therefore by three letters of the 24th, 25th, and 28th
November, 1794, gave you what I hoped would be very
acceptable and satisfactory information on that point. I
am happy in this opportunity of giving you an exact and
literal extract from the treaty. It is in these words, viz.
"'Nothing in this treaty contained, shaU, however, be
construed or operate contrary to forraer and existing public
treaties with other sovereigns or states.' ,
" Considering that events favourable to our country could
not fail to give you pleasure, I did intend to coramunicate
to you concisely, some of the most interesting particulars
of this treaty, but in the most perfect confidence. As that
instrument has not yet been ratified, nor received the
ultimate forms necessary to give it validity ; as further ques
tions respecting parts of it may yet arise, and give occasion
to further discussions and negotiations, so that, if finaUy
concluded at all, it may then be different from what it now
is, the impropriety of making it public at present is palpable
and obvious ; such a proceeding would be inconvenient and
unprecedented. It does not belong to ministers who nego
tiate treaties to publish them even when perfected, much
less treaties not yet completed, and remaining open to
alteration or rejection. Such acts belong exclusively to the
governments who form them.
" I cannot but flatter rayself that the French government
is too enlightened and reasonable to expect that any con
sideration ought to induce rae to overleap the bounds of ray
authority, or to be negligent of the respect which is due to
the United States. That respect, and ray obligations to
observe it, will not permit me to give, without the permission
of their governraent, a copy of the instruraent in question to
any person, or for any purpose ; and by no raeans for the
purpose of being submitted to the consideration and judg
ment of the councils of a foreign nation, however friendly.
VOL. I.  X X

338 LIFE OP JOHN JAY.
" I wUl, sir, take the earliest opportunity of transmittir^
a copy of your letter to rae, and of this in answer to it, to
the secretary of state, and will iramediately and ptmctually
execute such orders and instructions as I raay receive on
the subject. I have the honour to be,
"With great respect, sir,
" Your raost obedient
" And hurable servant,
"John Jay."
The subjoined letter, written before the conclusion of the
treaty, shows that the opposition it afterward encountered,
was plainly foreseen by the writer.
" TO GEORGE WASHINGTON.
" [Private.] "London, 13th Sept., 179-4.
" Dear Sir,
" My letter to Mr. Randolph, which accompanies this,
contains very full and accurate information respecting our
negotiation here. You will perceive that raany points are
under consideration, and that alterations will probably yet
take place in several articles. Although it is uncertain,
yet it is not altogether iraprobable, that Lord GrenviUe and
rayself may agree on terms which, in my opinion, should
not be rejected. In that case, I shall be strongly induced
to conclude, rather than by delays risk a change of views,
and measures, and ministers, which unforeseen circura
stances might occasion.
" The secretary's letter, by Mr. Monroe, and the speech
of the latter to the Convention, are printed, and have
caused a disagreeable sensation on the public mind here,
and probably on that of the government. The one written
by you is spoken of as being within the limits of diplomatic
forms. " Gentlemen, whether in or out of office, are doubtless

LIFE OP JOHN JAY. 339
free in their affections or predUections for persons or na
tions ; but as the situation of the United States is neutral,
so also should be their language to the belUgerent powers.
Neither can it be proper to adopt any raode of pleasing one
party that would naturally be offensive to the other ; and
more particularly at a time when with that other a nego
tiation for peace, commerce, and friendship is pending.
" To be fair, upright, and prudent, is to be politic ; and
of the truth of this maxim, your character, and very singu
lar degree of respectability, weight, and reputation, afford
the strongest proof.
" I learn that Virginia is escheating British property, and
I hear of other occurrences which I regret ; but they shall
not abate ray perseverance in endeavouring to prosecute
peace, and bring the negotiation to such a conclusion as
will either ensure peace with this country, or produce
union araong ourselves in prosecuting war against it
Whatever may be the issue, I ara deterrained not to lose
the only satisfaction that I can be sure of, viz., the satisfac
tion resulting frora a consciousness of having done ray
duty. " That attempts will he made in America to frustrate this
negotiation, I have not the most distant shadow of a doubt.
I hrought this belief and opinion with me ; and ray depend
ence then was, and still is, on the wisdora, firmness, and
integrity of the government ; on the general good sense of
our people ; and on those enhghtened and virtuous charac
ters araong them who regard the peace, honour, and wel-
fere of their country as primary objects. These men re
gret the differences which subsist between this country and
their own, and sincerely desire to see mutual animosities
give way to rautual good-will. As to a political connexion
with any country, I hope it wiU never be judged necessary,
for I very rauch doubt whether it would ultiraately be
found useful ; it would, in ray opinion, introduce foreign
influence, which I consider as the worst of political plagues.

340 LLPE OP JOHN JAY.
"With the best wishes for your health and happiness,
and with perfect respect, esteera, and attachraent,
" I am, dear sir,
" Your most obedient and obliged servant,
"John Jay."
A few days after the treaty had been signed, the foUow
ing private letter was written to Lord GrenvUle, in answer
to a confidential one frora his lordship.
" TO LORD GRENVILLB.
" Royal Hotel, Pallmall, 2-2d Nov., 1794.
"My Lord,
" I have had the pleasure of receiving the letter which
your lordship did rae the honour to write yesterday, enclos
ing a copy of one that you had written to Mr. Haramond.*
Marks of confidence frora those who merit it are grateful
to the huraan mind ; they give occasion to inferences which
by soothing self-love produce agreeable emotions.
" Being aware that our mutual efforts to restore good-
humour and good-will between our two countries should
be continued beyond the date of the treaty, I ara happy
that our sentiments in this respect coincide.
" The letters I have written to America with the two
copies of ffie treaty, which are already despatched, leave
me little to add on the subject of your lordship's letter ;
they are indeed concise, for I had not time to amplify ;
they wUl be followed by others less general and more
pointed. There are men araong us to whora these ideas
will be farailiar, and who will not orait to disserainate thera.
Their opinions and example will have influence, but it will
be progressive, not sudden and general.
" The storra, I hope and believe, will soon cease ; but the
agitation of the waters will naturally take some time to
* The British minister in the United States.

LIFE OP JOHN JAY. 341
subside ; no man can with effect say to them, ' Peace, be
still.' By casting oil upon them, they wUl doubtiess be the
sooner calmed. Let us do so.
" I have a good opinion of Mr. Hamraond ; nay, raore,
I really wish him well: the asperities, however, which
have taken place, lead me to apprehend that official darts
have frequently pierced through the official characters and
wounded the men. Hence I cannot forbear wishing that
Mr. Hamraond had a better place, and that a person well
adapted to the existing state of things was sent to succeed
hun. " My lord, I raake this reraark on the most raature reflec
tion, and found it on those active principles in human nature
which, however they may be repressed, cannot easily be
rendered dormant, except in cases of greater magnanimity
than prudence will usuaUy allow us to calculate upon.
" It is not without reluctance that I give this reraark a
place in this letter. I class Mr. Hammond araong those
who I think are friendly to rae. I have experienced his
attentions and hospitality : not an unkind idea respecting
bun passes in ray raind. Public and coraraon good is ray
object and ray motive.
" That official letters and documents have been preraa-
turely and iraproperly published in Araerica is evident. I
have not been sparing of animadversions on this head, and
flatter myself that more circumspection wUl in future be
used. " The consuls and other public officers and agents in the
two countries will have it much in their power (especially
in America, from the nature of the governraent and state
of society) to proraote or to check the progress of con
cUiation and cordiality.
'^ I have but imperfect knowledge of those now in the
United States, except Sir John Teraple, whose conduct
and conversation appeared to be concUiatory. I have been
informed very explicitly that Mr. *********, the consul

342 LIFE OF JOHN JAY,
in Virginia, is not esteemed, and that his private character
is far from being estimable. I mention this as meriting
inquiry. " There being no French merchant ships in the American
seas, ffie privateers raust either prey on neutral vessels or
return without spoil. Hence fficy become exposed to
temptations not easy for ffiem to resist.
" The privateers of two hostile nations have no desire to
seek and to fight each other. Between mere birds of prey
there are few conflicts.. If ffiey were recalled, their crews
might be usefully employed in ships of war or of commerce.
Pardon the liberty of tiiese hints, ffiey occurred to me, and
I let my pen run on — perhaps too far.
" Permit me to assure you, my lord, that my endeavours
to cultivate amity and good- will between our countries and
people shall continue unremitted ; and that ffiey will not
cease to be animated by your lordship's co-operation. To
use an Indian figure, may the hatchet be henceforth buried
for ever, and with it all the aniraosities which sharpened,
and which threatened to redden it. Wiffi ffie best wishes
for your happiness, and with real esteera and regard,
" I am, my lord,
" Your lordship's raost obedient servant,
"John Jay."
Mr. Jay's old friend and fellow-student, Lindley Murray,
was at this time residing at York. The engagements of
the one, and the ill-health of the other, prevented them from
meeting, but ffieir mutual esteem led to a correspondence,
from which the following are extracts.
"TO JOHN JAY. " York, 15th of 7th mo., 1794.
" When I first heard of the commission of my rauch
esteemed friend, John Jay, as envoy extraordinary to the
British court, I rejoiced in the prospect which his known

LIPE OP JOHN JAY. 343
abUities, integrity, and benevolence afforded, of a speedy
and happy dispersion of those clouds of hostility which have
been for some time gathering, and which seeraed of late
ready to involve the two countries in confusion and distress.
I hope I shall be excused when I say, that I do not know
any other person in America whose appointment to this
high office would have given me so rauch satisfaction, and
promised so successful an issue ; and I believe ffiat these
sentiraents are not raerely the effusions of an early adraira
tion of his talents but virtues, but of the most sincere and
respectful attachment.
" It is tbe earnest wish of my heart, that thy labours may
be happily crowned, and ffiat by them the inestimable bless
ings of peace and brotherly intercourse may be preserved
and estabhshed on a permanent foundation.
" I trust, too, that the consciousness of this benevolent
and Christian work wUl, amid raany other charities of life,
frequently rise in grateful and self-approving reraerabrance,
and, if a day of affliction should come, wUl furnish a cor
dial of the raost sovereign virtue, the recollection of having
been the raeans of preventing the destruction of thousands,
and of proraoting the harraony and happiness of raillions of
thy fellow-creatures.
" I have but one wish more to express on this subject,
which is, that when thou hast been happily instrumental in
reraoving every cause of uneasiness and discord between
Great Britain and Araerica, ffiou raayst find thyself author
ized to tender the raediation of Araerica to the present bel
ligerent powers, for stopping the effusion of human blood,
and termuiating ffie calamities of a most ferocious and deso
lating war. To be an instruraent in accomplishing a deed
so extensively beneficent must, if virtue so exalted needed
any accession of happiness, be contemplated and applauded
by the -wise and good to the latest period of time.
" But, whatever may be' the issue of thy present negotia
tion, or however disproportionate may be ffiy coramission

344 LIFE OP JOHN JAY.
to the extent of thy benevolence, thou vnlt always have the
esteera and regard of one who, though indeed his esteem and
regard are of very little consequence, could not withhold this
testimony of his respectful remembrance, and who takes the
liberty of subscribing himself
" Thy affectionately attached friend,
"Lindley Murray.
" P. S. Had it been in my power to travel as far as Lon
don, I should have gone with pleasure, on this occasion, to
pay my respects to thee in person ; but I ara in a very
feeble state, and unable to go frora home more than a few
railes each day, for the benefit of exercise ; so that I
cannot procure rayself that satisfaction. I have also for
sorae time been deprived of the usual exertion of ray voice,
and can converse scarcely above a whisper ; but, notwith
standing this, it would be a peculiar gratification, if the
course of thy travels should include York, to have the fa
vour of seeing thee and enjoying thy company at my house
during thy stay in this city. Sorae years since, I took the
liberty of requesting thy acceptance of a small compilation
which I had then published, and which I suppose thou re
ceived. I have lately revised and enlarged that collection,
and, though I think it scarcely worth thy attention, yet, as
thou hast seen the first edition, I hope it wUl not be deemed
an intrusion to beg thy acceptance of a copy of this last
impression." "to lindley MURRAY.
" Royal Hotel, Pallmall, 23d August, 1794.
" Dear Sir,
" I thank you very sincerely for the kind letter you was
so obliging as to write rae on the 15th of this raonth. The
sentiments of esteem and regard which are expressed in it
afford additional inducements to my endeavours to deserve
them.

LIFE OP JOHN JAY. 345
" To see things as being what tiiey are, to estimate them
aright, and to. act accordingly are ' of all attainments the
nmost important. Circumstanced as we are, it is exceedingly
difficult to acquire eiffier of these, and especially the last,
in any eminent degree ; but in proportion to our progress,
so v?iU be our -wisdom and our prospect of happiness.
" I perceive tiiat we concur in ffiinMng that we raust go
horae to be happy, and tiiat our horae is not in this world.
Here we have notiung to do but our duty, and by it to reg
ulate our business and our pleasm-es ; for ffiere are inno
cent as well as vicious pleasures, and travellers ffirough ffie
world (as we, all are) may, witiiout scruple, gratefully enjoy
tiie good roads, pleasant scenes, and agreeable accomraoda
tions with which Providence raay be pleased to render our
journey more cheerful and comfortable ; but in search of
these we are not to deviate from tiie main roa,d, nor, when
they occur, should we permit tiiem to detain or retard us.
The theory of prudence is sublime and in raany respects
simple. The practice is difficult ;. and it necessarily must
be so, or ffiis would cease to be a state of probation.
" The sentinients diflused tiirough your book ai-e just,
sti-iking, and useful ; but, my good friend, our opinions are
oftener right than our conduct. Araong ffie sti-ange tilings
of this world, noffiing seems more sfrange tiian tiiat raen
pursuing happiness should knowingly quit ffie right and
take a wrong road, and fi-equentiy do what their judgments
neiffier approve nor prefer. Yet so is ffie fact ; and this
fact points strongly to tiie necessity of our being healed, or
restored, or regenerated by a power more energetic ffian
;uiy of ffiose wliich properly belong to ffie human raind.
" We perceive ffiat a great breach has been raade in ffie
moral and physical systems by tiie inti-oduction of moral
and physical evU ; how or why, we kno-W not ; so, however,
it is, and it certainly seems proper ffiat tins breach should
be closed and order, restored^ For this purpose only one~
adequate plan has ever appeared in ffie world, and tiiat is
VOL. I.  Y Y

346 LIFE OP JOHN JAY.
the Christian dispensation. In this plan I have full faith.
Man, in his present state, appears to be a degraded crea
ture ; his best gold is mixed with dross, and his best mo
tives are very far frora being pure and free frora earth and
impurity. " I mention these things that you may see the state of
ray mind relative to these interesting subjects, and to re
lieve yours frora doubts -which your friendship for rae raight
render disagreeable.
" I regret your want of health and the bodily afflictions
with which you are visited. God only knows what is best.
Many will have reason to rejoice, in the end, for the days
wherein they have seen adversity. Your mind is in full
strength and vigour, and that is an inestimable blessing.
" It really -vyould give rae great pleasure to visit you be
fore I return ; but I dare not promise myself that satisfac
tion, being so rauch and so constantly under the ffirection
of circurastances which I cannot control.
" As to the wars now waging, they appear to me to be
of a different description frora ordinary ones. They are,
in ray opinion, as unlike common wars as the great plague
in I.,ondon was unlUce comraon sicknesses. I think we are
just entering on the age of revolutions, and that the impuri
ties of our moral atmosphere (if I may use the expression)
are about to be purified by a succession of political storms.
I sincerely wish for general peace and good--will among
raen, but I shall be raistaken if (short intervals excepted) the
season for those blessings is not at some distance. If any
country escapes, I am inclined to think it will be our own ;
and I am led to this opinion by general principles and rea
sonings, and not by particular facts or occurrences, some of
which so strongly favour a contrary idea as to produce in
my mind much doubt and apprehension.
" I am, dear sir,
" Your affectionate friend;
"John Jay."

LIPE OP JOHN JAY. 347
The delicate state of Mr. Jay's health induced him to
avoid the exposure of a winter's voyage, and to postpone
his return tiU the ensuing spring. His character, manners,
and the successful issue of his negotiation procured for him
very general attention, and the returning good-wUl of
Britain towards the United States seemed to raanifest itself
in civilities to their representative.
Lord GrenviUe, on the conclusion of the treaty, in con
forraity with the practice of his court, gave orders for a
snuff-box with the king's miniature set in diamonds, as a
present to the Araerican negotiator.
"to JOHN JA-V. " Londoji, 10th April, 1795,
" My DiiAR Sir,
" In answer to the question you have proposed to rae,
concerning the propriety of the diploraatic agents of the
United States receiving from the court to which they have
been sent the present which it is customary to offer thera
at the conclusion of their mission ; I have to inforra you
that before I left America I had a conversation with Mr.
Jefferson, then secretary of state, on this subject, and that
it was his opinion that ffie present might with propriety be
received. The reasons in support of this opinion are prin
cipally these, — that the acceptance of the present can have
no influence on the conduct of the rainister (which it is to
be presumed the article of the constitution means to guard
against), because it is given indiscriminately to all foreign
ministers ; that it is of equal value to all of the same rank,
wheffier' their conduct has been pleasing or otherwise to
the court to which they have been delegated ; ffiat it is only
given at the conclusion of their mission ; that it may be
placed on the same footing with the privileges, received
by all foreign ministers, of exeraption frora the payraent of
duties on the importation of certain articles for their use ;
that it may be considered in the nature of a retribution for

348 LIFE OP JOHN JAY.
ffie Christmas-boxes, and other customary perquisites which
it is usual for foreign ministers to give to ffie inferior attend
ants of ffie sovereign at whose court they reside ; that ffie
refusal raight be considered as an offensive peculiarity in
the rainisters of tiie United States ; ffiat it has hitherto been
received by our rainisters at foreign courts, notwithstanffing
ffie article in the old confederation, similar to ffiat in our
present constitution ; and lastly, that it is an estabUshed
custom with our government to make simUar presents to
the ministers of foreign powers delegated to thera.
" Here are more reasons, my dear sir, ffian an object of
so little iraportance seems to merit: you wUl, however,
shortly have an opportunity of knowing the present sen
timents of our government on the subject, which you
will oblige me by comraunicating for the ffirection of my
conduct. " Believe rae to be, with the smcerest esteera and true
respect, " My dear sir,
" Your faiffiful and obedient servant,
" Thos. Pinckney."
Notwithstanding these arguments, Mr. Jay resolved to
be governed by the letter of ffie constitution, and declined
the proffered present.
Various considerations at this period united in prompting
many discontented politicians and adventurous spirits in
Great Britain, to abandon the country of ffieir birth, and to
seek a home in ffie United States. It was natural ffiat
such persons should ask frora the Araerican rainister ad-vice
and inforraation relative to their proposed reraoval, and
accorffingly nuraerous applications were raade to him by
persons in England, and by some in Ireland. The follow
ing letter wUl suffice to show the course he pursued on
these occasions.

LIFE OF JOHN JAY. 349

"TO MR. CRAWLEY.
" Royal Hotel, Pallmall, 28th Oct., 1794.
« Sir,
" I was this morning favoured with yours of the 13th of
this monffi, requesting inforraation and advice relative to
the United States.
" It is natural, that as you purpose to reraove to America,
you should be anxious to obtain advice and inforraation on
which you could depend ; and I would with pleasure cora
ply with your request, if I was not restrained by the duties
incident to ray situation here.
" A public rainister, received and protected by the gov
ernraent to which he is sent, and enjoying the particular
privUeges annexed to his function, ought to abstain frora
intermeddling in the affairs of the country, and frora pro
raoting any raeasures ffisagreeable to the government.
" There is reason to suppose that emigrations to America
are araong the number of ffiese measures, and therefore it
would not be proper for rae to have any agency in facili
tating thera : for these reasons I make it a general rule not
to encourage nor discourage emigrations, but to be entirely
passive. " I flatter myself you will perceive the prudence and pro
priety of this conduct, and be persuaded that I would other
wise do you the friendly service you request, cheerfully and
without hesitation. " Your hurable servant,
" John Jay."
Mr. Jay's good offices were frequently solicited by the
friends of English prisoners of war in France, eiffier to
forward letters to them, or to procure their liberation ; and
in several instances he had the gratification of rendering
his official station subservient to the cause of huraanity.

360 LIFE op JOHN JAY,

"TO JAMES MONROE, PARIS.
" London, 2Sth August, 1794.
" Sir,
"In July, 1792, Miss Bainstow, a young lady, now of
seventeen, and whose family reside near this city, was
placed at Bologne, under the care and in the house of
Madame Delseaux, a respectable, widow lady there, for
the benefit of education.
" In September last she was, together with her friend and
fellow-pensioner Miss Hornblow, arrested and confined in
a convent. " In the January following they were removed back to
Madame Delseaux's house, where they stUl reraain confined
in the manner prescribed by the decree.
" Miss Bainstow's friends are exceedingly solicitous to
interest your kind offices in favour of these young ladies.
They entreat me to lay these facts before you, and convey
their most earnest requests that you wUl be so good as to
endeavour to obtain permission for them to return home.
" When I consider what my feelings would be, had I a
daughter of that age so circumstanced, I find it impossible
to resist this application. I know by experience that busi
ness not connected with the objects of one's mission can
seldom be pleasant. The business of huraanity, however,
seeras to be attached to opportunities of doing it. I will
not enlarge on this subject ; every remark incident to it
wUl occur to you. For ray part I am not apprized of any
objection to permitting these foreign chUdren to go home to
their parents ; and should such a general perraission be
effected by your raeans, the reraerabrance of it would be
sweet to you for ever. " I reraain, sir,
" Your most obedient and hurable servant,
" John Jay."

LIPE OP JOHN JAY. 351
The following correspondence derives additional interest
frora the circurastance that the gentieraan and lady who
are the subjects of it were the brother and sister of the
Dulce of Wellington.* "Royal Hotel, Pallmall, 22a September, 1794.
" Mr. Jay presents his compliments to Lord Mornington,
and has the honour of informing him that an American gen
tleman, in whom Mr. Jay has confidence, purposes to go, in
the course of this week, to Paris. Should his lordship wish
to honour this gentieraan with any coraraands, Mr. Jay
(being persuaded they would be cheerfully received and
properly executed) will, with great pleasure, take the neces
sary measures." "to JOHN JAY.
" Brighthelmston, September 25th, 1794.
" Sir,
" I return you many thanks for the honour of your note,
which I received last night upon my arrival at this place,
and I request you to be assured that I shall always retain
a grateful sense of your huraane attention to the application,
which I took the liberty of raaking to you in favour of my
brother and sister.
" In a matter of such extreme delicacy, and which is so
much involved in difliculties on all sides, I had determined,
after our conversation at Dropraore, to wait the event of
your application for the release of the young person de
tained at Boulogne, and to be guided by that event with
respect to the forra of any memorial to the French govern
ment with which I might hereafter trouble you, accorffing
to your kind permission. But the circumstance which you
raention in your note seems to ofler so evident an advantage,
and of a nature so little likely to recur witiiin any short
? Sir Henry \A'esley and Lady Fitzroy, who, while on their passage
from Lisbon to England, were taken by a French frigate and carried to
Franee, where they were detained as prisoners of war.

352 LIFE OF JOHN JAY.
time, that J have determined not to lose it by giving way
to any furffier doubt or hesitation. I ara convinced ffiat
any gentleman in whom you have confidence must possess
all those qualities of discretion and discernment which are
necessary for the conduct of such an affair. I have there
fore written a narrative of the misfortunes of ray sister and
of ray brother, with no other observations than such as
appeared to me to be necessary to explain the peculiar
hardship of their case. I have translated this narrative into
French ; and you wiU very much add to the kindness which
I have already received from you, ifyou wiU have the good
ness to read over these papers, and if you find any ffiing
imprudent or superfluous, to strike it out. I would ffien
request you to deliver these papers to the gentleman who
is going to Paris, and to induce him to exercise his judgment
as well on their contents as on the use to be made of them
If he thinks it useful to present the French paper to the
government at Paris, or if he should be of opinion that ray
object would be better attained by communicating the facts
relating to my brother and sister in any other raode, I should
wish him to act entirely according to his view of circum
stances upon the spot. If it should unfortunately happen
to be his opinion, that any application in favour of the pris
oners would only tend to draw thera into raore particular
notice, and to expose thera to more rigorous treatment, ray
wish then would be that he should not even raention their
naraes ; and painful as this terraination of ray endeavours
to obtain their liberty raust be to ray raind, the opinion of a
gentieraan of such a character as you describe wUl satisfy
me that the best decision has been taken which circum
stances would adrait.
" With respect to the conffitions which raight be annexed
to their hberty, I iraagine they can be only of two kinds, —
either an exchange of French prisoners in the place of ray
brother and sister and their servants, or a pecuniary con
sideration in the way of ransora. The first would not be a
matter of much difficulty, although it cannot be done under

LIPE OF JOHN JAY. 353
the authority of governraent ; but I think it might easily be
accomplished through the agents for prisoners at Jersey or
Guernsey, and at St. Malo. With regard to a ransom, I
am ready to pay it if it should not be scandalously exor
bitant ; although I cannot but say that I think such a
transaction would be highly disgraceful to the French
government. " If there should appear a disposition to release ray
brother and sister, I should hope they raight be allowed to
freight a neutral ship at Brest for sorae English port : this
would be the safest as well as the raost expeditious raode
of returning horae. But if this should be refused, they
raight still be perraitted to return through Switzerland.
" I trust you wUl have the goodness to pardon the length
of this detaU ; I thought it necessary for the information of
the gentleman who has the kindness to charge himself with
this commission ; and I am persuaded the sarae sentiraent
of humanity which induced you to give your favourable
attention to my fifst application, will plead my excuse for
the tediousness of this letter.
" I shall naturally be very anxious to learn the result of
this affair, in which I am so deeply interested ; and I hope
you wUl allow me to have the honour of paying my respects
to you in London from time to time for that purpose.
" Believe rae, sir, with the raost sincere respect and
esteera, " Your rauch obliged and obedient servant
" Mornington."
" P. S. I have taken the liberty of enclosing with the
narrative a letter to ray brother, which I request your
friend to put in the post either at Paris or anywhere in
France. It contains nothing but common family intelli
gence, and some expressions of surprise at the long deten
tion of the two prisoners. If your friend could ¦ only find
VOL. I  Z Z

354 LIFE OF JOHN JAY.
means of obtaining conveyance for a letter from ray brother
to rae, it would be a great object, as I have not heard frora
him since the 10th of July. I have carefully abstained from
giving the least hint in ray letter of the kindness of your
friend." " No. 3, Cavendish-square, 1
Thursday, Oct. 2d, 1794. )
" Lady Mornington presents her respectful corapllments
to Mr. Jay, and takes the Uberty of enclosing a few lines
for her daughter, to inform her that her children and friends
are well. Lady Mornington begs leave to assure Mr. Jay,
that she is most gratefully sensible of his humane attention
to Lord Mornington's application respecting his brother
and sister, and she cannot resist giving way to a hope, that
Mr. Jay's doing her unfortunate children the honour to
interest hiraself about them may be successful."
" Mr. Jay presents his respectful compliments to Lady
Mornington. Immediately on receiving the note with which
her ladyship honoured him to day, he sent the letter that
was enclosed in it, to the gentleman who is expected to
carry it to France.
" The raeasure of arresting and confining all the English,
without ffiscrimination, who were found in France, indicates
a policy and a disposition unfavourable to Lady Fitzroy's
liberation. Whether the existing adrainistration wiU, if so
inclined, find it safe and prudent to relax in these respects
is doubtful; especially considering the influence which
popular opinions, jealousies, and resentraents frequently
have on popular chiefs and leaders.
" Mr. Jay forbears, therefore, to flatter either Lady Morn
ington or himself with expectations which, however pleas
ing, are ton precarious to be greatly indulged.
" Royal Hotel, Pallmall,
'¦'2d Oct.; 1794."

LIFE OF JOHN JAY. 355

CHAPTER X.
1795-6.
Mr. Jay elected Governor in his Absence — Arrives in New-York — Resigns
Office of Chief Justice — Opposition to the British Traaty — Proceedings
in the House of Representatives — Comparison between the British
Treaty and others subsequently formed.
The means used by the deraocratic party in 1792 to
exclude Mr. Jay frora the office of governor, to which he
had been elected by the people, produced a powerful re
action throughout the State, and the party was left in a
rainority by the elections of the two succeeding years.
The term for which the canvassers had declared Mr. Clin
ton to be governor was now nearly expired, and the ap
proaching contest brought into vivid recollection the extra
ordinary termination of the last. Mr. Clinton thought
proper to retire frora the arena, and his partisans adopted
Mr. Yates, the chief justice of the State, as their candidate
for the office.
Mr. Jay was in England — the period of his return was
uncertain — he had not been consulted as to a second nomi
nation — and it was now too late to ask his consent. Under
these circumstances, prudence would perhaps have dictated
to the federal party the expediency of selecting another
candidate, had not the public voice loudly demanded that
the injustice he had forraeriy suffered should now be re
paired. Public raeetings in various parts of the State
alraost siraultaneously norainated him as the next governor.
In this country, the nomination of a candidate for an elec
tive office too generaUy makes him a mark for the shafts

356 LIFE OF JOHN JAY.
of calumny. In the present instance, it was found difficult
to distort the truth into any forra that could injure the repu
tation of the candidate, and his assaUants were compeUed
to resort to bold and unqualified falsehood — always an
awkward and insecure weapon, and in this case perfectly
harmless. Mr. Jay was accused in the public prints of
hostility to a representative government, and of enjoying
the confidence of the British ministry to such a degree as
to have been employed by them to write the last speech
from the throne ! On the 26th May, the ballots were can
vassed, and Mr. Jay was declared to have been elected
governor by a great majority. Two days afterward, he
landed at New- York, in the presence of a large concourse
of the citizens, assembled to welcome their new governor,
and to hail the envoy whose successful mission proraised
peace to his country. The crowd attended hira to his
dwelling, and the ringing of bells and firing of cannon
evinced the joy his arrival had inspired.
Mr. Jay's consent to his first nomination was founded on
his disapprobation of the policy pursued by Governor Clin
ton, and his conviction that the public good required a
change in the administration of the government. As that
gentleman had now retired, it is doubtful whether Mr. Jay
would have felt himself bound to accept the honour con
ferred upon him, had circumstances left him at liberty to
decline it. It is true he had been elected without his con
sent or knowledge ; but the fact that he had once perraitted
himself to be nominated, the mode in which his former elec
tion had been defeated, the renewed expression of the con
fidence of the people, and the erabarrassments which would
result from a vacancy in the executive department, all
combined to indicate the course proper for him to pur
sue. He accordingly resigned his seat on the bench of
the supreme court, and on the 1st of July took the oaffi of
office as Governor of the State of New- York. Before we

LIFE OP JOHN JAY. 357
follow hira in this new career we will notice the opposition
his treaty encountered in Araerica, and its final triumph.
We have already adverted to the hostiUty towards Eng
land prevailing in ffie United States at the tirae of Mr. Jay's
departure. As this hostUity was founded on other grounds
than ffie conduct of that country, so it was not to be pro
pitiated by any concessions or reparations she might be
induced to make. A just and honourable treaty, as it would
of course remove all pretexts for a war with Great Britain,
was both feared and deplored by a nuraerous and power
ful party. Hence great pains were early taken to secure
the rejection of the treaty, whatever it raight be. It was
miderstood in the United States, in the raonth of February,
that a treaty had been signed, but the instrument itself did
not reach the president tUl the Sth of March, nor were its
contents publicly known tiU ffie 2d of July. It was certainly
an awkward task to oppose a treaty without knowing a
word it contained ; but it was a task that was cheerfully
and zealously performed ; and the whole period of suspense
was occupied in laying a train which should explode and
destroy the treaty, with its author, the moment it was pre
sented to ffie public.
A few specimens of the logic employed by ffie democratic
journals and pamphleteers Eigainst the unknown treaty -will
help to exhibit the temper of the times.
" Americans, awake ! Reraeraber what you suffered
during a seven years' war wiffi the satellites of George ffie
Third (and I hope the last). Recollect ffie services ren
dered by your allies, now contenffing for liberty. Blush, to
think that Araerica should degrade herself so much as to
enter into any kind of treaty with a power now tottering on
the brink of ruin, whose principles are ffirectly confrary to
tiie spirit of republicanism."
" The United States are a republic. Is it advantageous
to a republic to have a connexion wiffi a monarch ? Trea-

358 LIFE OF JOHN JAY.
ties lead to war, and war is the bane of a republican gov
ernment. If the influence of a treaty is added to the influ
ence which Great Britain has already in our government,
we shall be colonized anew."
" Commercial treaties are an artificial means to obtain a
natural end — they are the swathing-bands of commerce
that impede the free operations of nature. Treaties are
like partnerships ; they estabhsh intimacies which some
tiraes end in profligacy, and sometiraes in ruin and bank
ruptcy, distrust, strife, and quarrel."
" No treaty ought to have been made with Great Britain,
for she is famed for perfidy and double-dealing ; her polar
star is interest ; artifice with her is a substitute for nature.
To make a treaty with Great Britain is forming a con
nexion with a monarch ; and the introduction ofthe fashions,
forras, and precedents of raonarchical governraents has ever
accelerated the destruction of republics."
" If foreign connexions are to be formed, they ought to
be made with nations whose influence would not poison the
fountain of liberty, and circulate the deleterious streams to
the destruction of the rich harvest of our revolution.
France is our natural ally ; she has a government conge
nial with our own. There can be no hazard of introducing
from her principles and practices repugnant to freedom.
That gallant nation, whose proffers we have neglected, is
the sheet-anchor that sustains our hopes ; and should her
glorious exertions be incompetent to the great object she
has in view, we have little to flatter ourselves with frora the
faith, honour, or justice of jGtreat Britain. The nation on
whora our political existence depends we have treated with
indifference, bordering on contempt. Citizens, your only
security depends on France, and by the conduct of your
government that security has become precarious."
" To enter into a treaty with Great Britain at the moment
when we have evaded a treaty with France ; to treat with an

LIPE OF JOHN JAY. 359
enemy against whora France feels an iraplacable hatred, an
eneray who has neglected no raeans to desolate that country
and crimson it with blood, is certainly insult. Citizens
of America, sovereigns of a free country, your hostility to
ffie French republic has been spoken of in the National
Convention, and a motion for an inquiry into it, has been
only suspended frora prudential motives — the book of
account may soon be opened against you. What then,
alas, wUl be your prospects ! To have your friendship
questioned by that nation is indeed alarming !"
The deraocratic societies were likewise active in exciting
opposition to the treaty, and in preparing the public raind for
war with England, and an alliance with France. A society
in Virginia thus announced its wishes : " Shall we Araeri
cans, who have kindled the spark of liberty, stand aloof and
see it extinguished when burning a bright flame in France,
which hath caught it frora us 1 If all tyrants unite against
free people, should not all free people unite against tyrants 1
Yes, let us unite -with France, and stand or fall together."
The Massachusetts society addressed all the deraocratic
societies in the Union, declaring its opinion that the political
interests of France and the United States were " one and
indivisible." The Pennsylvania society exhorted that of New- York to
be ready to oppose the treaty if its contents, when known,
should be found dishonourable to the country — a proviso
that might have been spared, after it had been settled that
the very act of treating with Great Britain was, of itself,
dishonourable. The Senate assembled on the Sth of June, and the treaty
was submitted to them. On the 24th they advised the
president to ratify it, with the exception ofthe 12th article,
relating to the West India trade.
As yet ffie contents of the treaty, as propriety required
before its ratification, had been kept secret ; but on the 29th

360 LIFE OF JOHN JAY.
of June a senator from Virginia, regardless both of the rules
of the Senate and of official decorum, sent a copy of it to a
democratic printer in Philadelphia, who published it on the
2d of July. This act was applying the torch to ffiat vast
raass of corabustibles which the party had long been engaged
in collecting, and the intended explosion instantly foUowed.
On the 4th a great mob assembled and paraded the streets
with an effigy of Mr. Jay bearing a pair of scales, one
labelled "Araerican Liberty and Independence," and the
other, which was in extrerae depression, " British Gold ;"
whUe frora ffie mouffi of the figure proceeded the words,
" Come up to ray price, and I wiU sell you ray Country."
The effigy was afterward publicly committed to the flames.
No tirae was lost in getting up meetings throughout the
country to denounce the treaty, and in many instances,
inflararaatory resolutions, previously prepared, were adopted
by acclaraation, without exaraination or discussion. It was
easy to discover defects in a treaty which had been con
demned before it was known.
Frequently the raeetings were tumultuous, and were
obviously assembled for other purposes than the avowed
one of deliberating on the treaty. Such was the case par
ticularly with one held in the city of New- York. It was
convened in the open air, and numerously attended. Alex
ander Hamilton, the late secretary of the treasury, attempted
to address the raeeting in vindication of ffie treaty, but the
orator was answered with stones. The mob, after adopting
the resolutions prepared by their leaders, marched -with ffie
American and French colours flying, to a place opposite the
government-house, the residence of Governor Jay, and there
burned the treaty.
A similar raeeting was held at Philadelphia, and after
passing their resolutions, the people repaired to the houses
of the British minister, the British consul, and Mr. Bingham,
a senator, and at each place burned a copy of the treaty.

LIPE OP JOHN JAY. 361
In the mean time the democratic journals abounded in the
most virulent and indecent invectives against the treaty.*
The object of all this violence was to intimidate the
president frora ratifying the treaty in pursuance of the
advice of the Senate. Washington's habitual caution led
hira to pause, and carefully to weigh the arguraents on
each side. This apparent hesitation flattered the enemies
of tiie treaty with hopes that ffiey would ultimately bend
him to their will, and stimulated thera to perseverance.
Two circumstances at this tirae tended to excite the pe
culiar hostility of the deraocratic party against Mr. Jay.
His successive triuraphs over the party in New-York had
irabittered their feelings towards him, and his recent eleva
tion to the chief magistracy had disappointed their hope of
enlisting that iraportant state in the crusade they were
waging against the federal government. It was also feared
that he would, before long, be selected for a still more im
portant station, and it was thought expedient to diminish
the chances of his success by impeaching his conduct and
character. An orator, high in the confidence of the party ,t
declaiming against the treaty, reraarked, that if Mr. Jay
"had not raade this public exposure of his conduct and
principles, he raight one day have been brought forward
among others as a candidate for our highest office ; but the
* The following from a Virginia paper will serve as a sample.
" Notice is hereby given, that in case the treaty entered into by that
d — n'd arch-traitor J — n Jay with the British tyrant, should be ratified, a
petition will be presented to the next General Assembly of Virginia at their
next session, praying that the said State may recede from the Union, and
be under the government of one hundred thousand free and independent
Virginians. " P. S. As it is the wish of the people of the said State to enter into a
treaty of amity, commerce, and navigation with any other State or States
of the present Union who are averse to returning again under the galling
yoke of Great Britain, the printers of the (at present) United States are
requested to publish the above notification. Richmond, July 31, 1795."
t Charles Pinckney, late governor of South Carolina.
VOL. I.  A A A

362 LIFE OF JOHN JAY.
general and deserved contempt which his negotiations
have brought both his talents and principles into, would for
ever, he trusted, secure his fellow-citizens frora the danger
ous and unwise use which such a man would have made of
the powers vested in a president."
The feelings entertained towards him may be inferred
from the following resolution, passed and published by a
deraocratic society in South Carolina.
" Resolved, That we pledge ourselves to our brethren of
the republican societies throughout the Union, as far as the
abUity and individual influence of a numerous society can
be made to extend, that we will promote every constitu
tional mode to bring John Jay to trial and to justice. He
shall not escape, if guilty, that punishraent which will at
once wipe off ffie teraporary stain laid upon us, and be a
warning to traitors hereafter how they sport with the
interests and feelings of their fellow-citizens. He was in
structed, or he was not : if he was, we will drop the cur
tain ; if not, and he acted of and from himseff, we shall
lament the want of a guillotine."
The ostensible objections made to the treaty were almost
innumerable. It was declared to violate the existing treaty
with France ; to be ruinous to the commerce, and disgraceful
to the character of the country. The article prohibiting the
sequestration of debts incase of war was peculiarly odious,
as it conveyed a censure on those who had advocated such a
measure in Congress ; and it was now contended that under
the protection of that article, the King of England might
buy up the stock of the United States bank, and thus in
case of war, control the fiscal concerns of the nation. It
was likewise insisted, that the treaty was inconsistent with
the constitution, inasmuch as it regulated commerce, and
provided for the payment of raoney, which were powers
that could constitutionally be exercised only by Congress.
In short, every artifice and misrepresentation were em
ployed to make the people believe that the treaty was a

LIFE OP JOHN JAY. 863
traitorous sacrifice of their rights and interests. The
democratic societies were indefatigable in promoting this
delusion. The Pendleton society in South Carolina de
clared their " abhorrence and detestation of a treaty
which gives the English government more power over us
as States than it clairaed over us as colonies — a treaty,
involving in it pusillanimity, stupidity, ingratitude, and
treachery." The senators who had advised the ratification, were de
nounced as " unworthy of any further public trust of re
publicans ;" it was declared to be dangerous to the lib
erties of America, that senators should hold their places
for the terra of six years ; and a change of the constitution
in this particular was demanded, as essential to the per
manency of our repubhcan institutions.
Intimations were also given, that should the treaty be
ratified, it would not be submitted to by the people. The
signing of the treaty by the president would, it was said,
" be the crisis for determining wl ether the terra majesty of
the people was like the chUdren's rattie, used merely to keep
thera from mur.nuring and complaining, or whether in ffiis
land of liberty it has an absolute and real existence, calcu
lated for much more important purposes."
The delay of the president in ratifying the treaty arose,
not from the clamour against it, but from a late English
order in councU, which he was inclined to believe contra
vened some of its provisions. While deliberating on the
course he should pursue, he received a remonstrance against
the treaty from Boston. His reply dissipated the hopes of
those who, mistaking his character, thought it possible to
coerce hira into a compliance with their wishes. The
calm dignity, the moral independence, and the conscious
rectitude displayed in this letter are in perfect keeping with
that beautiful consistency and simplicity of purpose, which
wdl ever endear the name of Washington to ffie wise
and good.

364 LIFE OP JOHN JAY,
" TO THE SELECTMEN OF THE TOWN OF BOSTON,
" United States, 28th July, 1785,
" Gentlemen,
" In every act of my administration I have sought the
happiness of my fellow-citizens. My systera for the attain-
raent of this object has uniformly been, to overlook all per
sonal, local, and partial considerations ; to contemplate the
United States as one great whole; to confide that sudden
irapressions, when erroneous, would yield to candid reflec
tion ; and to consult only the substantial and perraanent
interests of our country. Nor have I departed frora this
line of conduct on the occasion which has produced the
resolutions contained in your letter of the 13th instant.
" Without a predilection for ray own judgraent, I have
weighed with attention every argument which has at any
time been brought into view ; but the constitution is the
guide which I never can abandon. It has assigned to the
president the power of making treaties, with the advice and
consent of the senate. It was doubtless supposed that these
two branches of government would combine without pas
sion, and with the best means of information, those facts
and principles upon which the success of our foreign rela
tions will always depend ; that they ought not to substitute
for their own conviction the opinions of others, or to seek
truffi through any channel but that of a temperate and well-
inforraed investigation.
" Under this persuasion, I have resolved on the manner
of executing the duty before me. To the high responsi
bUity attached to it I freely submit ; and you, gentlemen,
are at liberty to raake these sentiments known, as the
grounds of ray procedure. While I feel the raost lively
gratitude for the raany instances of approbation from my
country, I can no otherwise deserve it than by obeying the
dictates of my conscience. With due respect, <
" I am, gentleraen, your obedient,
" George Washington."

LIFE OP JOHN JAY. 365
UntU the publication of this letter, the president had in
general been treated with decency in the democratic jour
nals. Instead of impeaching his patriotism and integrity
they had affected to believe that these virtues would neces
sarily ensure the rejection of the treaty. This letter, how
ever, left thera no hope of intimidating him, and they no
longer thought it expedient to profess a belief in the purity
of his raotives. " Does the president" it was said, " fancy
hiraself the Grand Laraa of the counfry, that we are
to approach him with superstitious reverence or religious
awe ? His answer bespeaks a contempt of the people that
no offier evidence than his own letter would render credi
ble. He has assumed a tone of raajesty and superiority
which would induce us to suppose ourselves in Potsdara
instead of Philadelphia. We have been guUty of idolatry
too long : punishment is pursuing us for it ; it is high time
that we should have no other gods but one."
The expression in the lettter, that "the two branches
ought not to substitute for their own conviction the opinions
of others," was pronounced " a bold absurdity," because it
implied that the president and senate were not bound by
the opinions of the populace ; and it was declared that
" the man who cheats his fellow-citizens out of their liberties
by false logic is a more detestable character than he who
with a false key opens the doors of his neighbour's house,
and rifles hira of his substance, inasrauch as liberty is raore
precious than wealth."
On the 15th August the president signed the treaty, and
by that act of raoral courage rescued his country frora the
evils irapending over her, and secured for her a long course
of alraost unexarapled prosperity.
The party opposed to the treaty seemed driven to des
peration by its ratification, and vented their mortffication in
irapotent invectives against Washington. Only one expe
dient was left to thera, and this was, to prevail on the lower
House of Congress to refuse to pass the laws necessary to

366 LIFE OP JOHN JAY.
carry the treaty into effect ; and every engine was imme
diately set in motion to produce ffiis result. The most in
flammatory addresses on the subject were raade to the
people. " The president," said one of these addresses, " has
thrown the gauntlet, and sharae on the coward heart that
refuses to take it up. He has declared war against the
people, by treating their opinions with contempt ; he has
forfeited his claim to their confidence, by acting in opposi
tion to their will. Our Uberties are in jeopardy, and we
must either rescue them from the precipice or they will
be lost for ever. One hope offers itself to us, and a consol
atory one too — the House of Representatives of the
United States. As we have looked in vain for patriotism
frora the president, let us turn our eyes towards that body;
they are our immediate representatives ; they feel our wants,
participate in our injuries, and syrapathize in our distresses.
They never will submit to have our country degraded — they
never wUl be passive under the outrages upon our constitu
tion — they never will be the instruments of voting away
the people's rights. As our application to the president has
been treated with scorn, let us make our appeal to that body
which has the power of impeachment, and we shall not
find them stepfathers of their country. A treaty which has
bartered away their rights cannot, will not be submitted to.
Let us, then, fellow-citizens, rally round our representa
tives, and we may still be free 1"
In pursuance of the policy thus recoramended, petitions
were forwarded frora all parts of the Union to the House
of Representatives, denouncing the treaty, and praying that
body to rescue the country from the usurpations of ffie pres
ident and Senate.
The democratic party had a large raajority in the House,
and the temper of that majority was early raanifested in a
debate on the answer to the president's speech. In the an
swer, as first reported, the House was raade to express
their unffirainished confidence in Washington ; but the pas-

LIFE OP JOHN JAY. 367
sage was finally expunged. It is at least creditable to the
candour of the majority, that they refused to express a con
fidence they did not feel — a refusal, however, which their
children will remember only with pain.
On ffie 1st of March, 1796, the treaty having been duly
ratified by Great Britain, was laid by the president before ffie
House. It had now become, by the express declaration of
the constitution, the supreme law of the land ; yet this law
it was the determination of the raajority to abrogate. The
day after the treaty had been submitted to the House, a
resolution was introduced calling upon the president for
all the correspondence and documents relating to it. The
resolution was passed, after much debate, by a majority of
twenty-five. This call for papers was avowedly founded on the
doctrine that it was optional with the House to pass the
laws required by the treaty. To sanction this doctrine by
complying with the call, would have been, in the president's
view, a breach of the oath he had taken to support the con
stitution ; and he therefore returned an answer stating at
length his reasons for withholding the papers. In this an
swer he declared his conviction, that the constitution had
vested in the president and Senate exclusively the treaty-
making power ; that foreign nations had been informed and
beUeved that treaties made by the president with the ad
vice and consent of two-thirds of the Senate, were obliga
tory on the nation ; and that such had been the understand
ing of the Convention which formed the constitution, and of
the State Conventions which adopted it ; and that being
fully persuaded that the assent of the House of Representa
tives was not necessary to the validity of the treaty, a just
regard to the constitution and to the duties of his office for
bade him to comply with their request.
The House, on receiving this message, resolved, by a
strong party vote, that whenever the execution of a treaty
depends on laws to be passed by Congress, that House had

368 LIFE OP JOHN JAY.
a right to decide on the expediency of the treaty and to act
accordingly: This resolution augured ill for thfe fate ofthe
treaty. A member of the minority soon after introduced a
resolution, declaring that it was " expedient to pass the laws
necessary for carrying into effect the British treaty." This
resolution was debated with the Zeal and ability the subject
was so well calculated to elicit. ' The discussion continued
for two weeks, and called forth an exhibition of eloquence
which has probably neVer been exceeded,, either before or
since, in the American Congress ; and certainly no subject
of equal importance had engaged the attention of that body
since the declaration of independence. The ratification of
the treaty was a matter of choice ; its rejection would not
have been a breach of national faith, nor would it necessa
rily have precluded the possibility of negotiating another
treaty. But, if the House of Representatives now refused
to execute a treaty concluded with all the forras required
by the constitution, it was evident that no assurance could
hereafter be given to a foreign power, that a treaty raade
with it, and solemnly ratified, would be observed ; and that
no pledge founded on the faith of the United States would
possess any value abroad. Nor could it be dented, that a
refusal to execute the treaty would not only be a good
cause of war, but would inevitably lead to it The 1st
of June, the time appointed for the surrender of the posts,
was near at hand ; buf if the House avowed their intention
to regard the treaty as a nullity, the posts would certainly
be retained, and through the influence of their garrisons the
frontier settlements would probably be exposed to aU the
horrors of afi, Indian war.
The merchants who had been despoiled of their property
by British cruisers, looked to the treaty for compensation ;
but unless Congress proceeded to execute the treaty, not
only would that compensation be withheld, but raost of the
remaining comraerce of the country would probably be
swept from the ocean by the naval forces- of Britain.

LIPE OP JOHN JAY. 369
These considerations, as the crisis approached, began to
affect the public mind, and urgent memorials were presented
to the House, deprecating their refusal to execute the
treaty. Some raembers of the raajority appeared to shrink
from the responsibility of the accumulated calamities, in
which the measures of their party threatened to involve
the nation. But if the language of a few indicated irreso
lution, that of the leaders was bold and reckless ; and the
result of the protracted debate was awaited by the com
munity with intense and painful anxiety. On the 29th of
April the question was taken, and the House was equally
divided 1 The chairman, although opposed to the treaty,
gave his casting-vote in favour of its execution. Thirteen
merabers of the democratic party voted with the federalists,
and produced this unexpected result. The necessary laws
were soon after passed ; the treaty went into full and suc
cessful operation ; and the nation reaped from the labours
of her negotiator a rich harvest of prosperity and peace.
During the long and acrimonious discussions to which
the treaty gave rise, Mr. Jay remained apparently a disin
terested spectator of passing events. He entered into no
defence of either himself or the treaty. Having discharged
his duty, he felt no other solicitude in the result, than that
excited by attachment to his country. His letters at this
period show with what calraness he viewed the storra that
raged around him, and how skilfuUy he detected its mingled
elements. "to MAJOR-GENERAL HENRY LEE.
"New-York, ilth July, 1795.
" Dear Sir,
" Accept ray cordial thanks for the friendly congratula
tions expressed in your obliging letter of the 30th of last
month, which I received yesterday.
" It was obvious to me, when I embarked on my late
mission, that so raany circurastances corabined to render
VOL. 1.  B B B

370 life op JOHN JAY.
pacific arrangeraents vnth Great Britain unwelcome to cer
tain politicians and their partisans, boffi here and elsewhere,
ffiat ffieir approbation of any treaty whatever wiffi ffiat
nation was not to be expected.
" Apprized of what had happened in Greece and offier
countries, I was warned by ffie experience of ages not to
calculate on ffie constancy of any popular tide, wheffier
favourable or adverse, which erroneous or transitory im
pressions may occasion.
" The treaty is as it is ; and tiie time will certainly come
when it will very universally receive exactiy tiiat degree of
coraraendation or censure which, to canffid and enlightened
rainds, it shaU appear to deserve. In the mean tirae I raust
do as many offiers have done before me — ffiat is, regretting
the depravity of some, and ffie ignorance of a much greater
number, bear with composure and fortitude tiie effects of
each. It is as vain to lament ffiat our country is not en
tirely free from these evUs, as it would be to laraent ffiat
our fields produce weeds as well as corn.
" Differences in opinion, and other causes equally pure
and natural, will unavoidably cause parties ; but such par
ties differ widely from factions, and are probably no less
conducive to good government, ffian moderate fermentation
is necessary to make good wine.
" My good friend, we raust take men and ffiings as ffiey
are, and enjoy all the good we meet wiffi. I enjoy the good
will to which I am indebted for your letter ; and I enjoy
ffie occasion it affords me of assuring you of the esteem and
regard with which I am, " Dear sir,
" Yours, &c. &c.
" John Jay,"

LIPE OP JOHN JAY. 371

" [Private.] "Philadelphia, Aug. 14th, 1795.
" Sir,
" No raan Can be raore anxious for the fate of the treaty
with Great Britain than you ; and the wanton abuse heaped
upon you by the eneraies of their country, gives you a right
to the earhest possible relief. The treaty will be ratified.
This day the president finally sanctions a raeraorial an
nouncing it to the British minister Mr. Hammond. The
ratification wUl conform to the , advice and consent of the
Senate, unembarrassed with any other condition.
" Permit . me to suggest to your consideration the expe
diency — perhaps I should say the necessity, at this tirae of
general ferment, when the grossest falsehoods, the raost
infaraous calumnies, are industriously disseminated to ren
der suspected and odious the real friends to their country —
of a soleran public declaration by the president of the prin
ciples of his administration, and of his appealing to the train
of actions which have raarked his whole life, for the purity
and patriotisra of his conduct on the present occasion.
Something of the kind seems due to hiraself, and to the
early, deterrained, and uncorrupted patriots who have sup
ported hira.
" The post is on the point of departure, which obliges rae
to conclude abruptly. " With great and sincere respect,
" I am yours,
" Timothy Pickering."
* Secretary at war.

372 life op JOHN JAY.

" TO TIMOTHY PICKERING.
" [Private.] " New- York, 17th Aug., 1795. '
" Sir,
" Accept my thanks for your obliging letter of the 14th
inst. The friendly motives which induced you to commu
nicate to me the information contained in it shall be re
membered. The president's firraness on this occasion adds
new honours to his character, and confers new obligations
on his country.
" Of the expediency of an address I ara not perfectly
satisfied ; although I think it would in many respects be
usefuk It appears to me to be a good general rule, that
the president should very rarely come forward except
officially. A degree of reserve seems necessary to the
preservation of his dignity and authority ; any address
would be exposed to indecent strictures. Many of our
presses are licentious in the extreme, and there is little rea
son to presume that regard to propriety will restrain such
parties, and so hostile to the constitution and government,
from acting improperly.
" My opinion of the existence, and of the views and
practices of the leaders of these parties, or rather factions,
is not of recent date. Nothing in their present conduct
strikes me as singular, except their more than ordinary
indiscretion. Industrious they are and wUl be, and no
activity or means wUl be spared to gain a majority in Con
gress at the ensuing session. To render this attempt abor
tive the proposed address will doubtless conduce. The
president's speech may indeed comprise his sentiraents and
reraarks on the subject, but then, by that tirae the mischief
may be advanced and ripened. A more early address, by
correcting public opinion, would render it a check on the
conduct of some representatives who might otherwise
favour the opposition. There are men who will go with

LIFE OP JOHN JAY. 373
the stream, whatever its course may be ; and there are
offiers who wUl act right when ffiey see no advantage to
theniselves in acting -wrong. Snares and temptations -wUl
be spread ; in a word, this address has its pros and cons ;
but it is a point on which I should confide in ffie president's
judgment which I think very seldom errs.
" Ancient as weU as very modem history teaches us les
sons very apphcable to ffie present times ; and points out
the necessity of temper, activity, and decision. T thirik
ffiat ffie president ^ffi ffie blessing of Providence, wiU be
able to earn.- his country safe through ffie storm, and to see
it andiored in peace and safety : if so, his life and character
will have no parallel. If, on ffie contrary, ffie clubs and
thefr associates should acqufre a decided ascendency, ffiere
¦will be reason to apprehend ffiat our country may become
ffie ffieatre of scenes reserabling ffiose which have been
exhibited by ffiefr brethren in France ; and ffiat to justify
ffiemselves, ffiefr utraost malice and art wiU be employed
to misrepresent and vilify ffie government and every char
acter connected "wiffi it.
" God governs the world, and we have only to do our
duty wisely, and leave ffie issue to him.
" I have ffie honour to be, &c
" John Jay.
" P. S. I do not leam ffiat ffiere is much uneasiness or
defection in ffie counties of this State, except in places
where Jacobin societies have been set up, or in neighbour
hoods where some leading malcontents have influence.
Late accounts from Albany on ffiese topics are agreeable."

374 LIPE OP JOHN JAY.
"to EDMUND RANDOLPH.*
" [Private.] "New- York, 20th Aug., 1795.
" Sir,
"I have been honoured with yours of the 16th instant,
and thank you for the interesting inforraation detaUed in
it. " Knowing that ray opinions and sentiments relative to
the treaty cannot easUy be supposed to be free frora the
influence of personal considerations, I have been so re
served as that since my arrival I have neither written a
line to the president, nor been the author of a single anony
mous paper on the subject of its merits.
" However much I regret the ferment which it has been
made the occasion of exciting in certain places, and araong
certain people, yet I confess few circumstances have oc
curred which I did not expect. I carried with me to
Europe, and I brought with me frora thence, a fixed opinion,
that no treaty whatever with Great Britain would escape a
partial but violent opposition. I did clearly discern that
any such treaty would be used as a pretext for attacks on
the government, and for attempts to diminish the confidence
which the great body of the people reposed in it.
" In the history of this country, posterity will have much
to adraire and coraraend ; and I shall be raistaken if ffiey
have not also rauch to censure and deplore. Be that as it
may, I shall continue to possess my mind in peace, and be
prepared to meet wiffi coraposure and fortitude whatever
evils raay result to rae frora the faithful discharge of ray
duty to ray country. The history of Greece, and other
less ancient governraents, is not unknown to either of ns ;
nor are we ignorant of what patriots have suffered from
domestic factions and foreign intrigues, in almost every
age. * Secretary of state.

LIFE OP JOHN JAY. 375
" It is pleasing, however, to reflect that our country pos
sesses a greater portion of information and morals than
alraost any other people ; and that although they may for a
time be misled and deceived, yet there is reason to expect
ffiat fruth and justice cannot be long hid from their eyes.
" I am, dear sir,
" Yours truly,
"John Jay."
" to james duane.*
"New-York, 16th September, 1795.
" Dear Sir,
" I read your kind and affectionate letter of the 31st of
July last wiffi great satisfaction and sensibility, and I thank
you for it. It is pleasing to see friendship, like an ever
green, bid defiance to the vicissitudes of seasons.
" The opposition to which you allude, except as to its
degree of malignity, was not unexpected. When the rais
sion to England was pressed upon me, it was perceived
ffiat there were parties who would endeavour to wound
the government through the sides ofthe envoy, and either
depreciate his success or censure his want of it.
" It had long been obvious that negotiations relative to
the posts would unavoidably extend to the complaints of
Great Britain relative to the debts, and that every idea of
paying thera would be offensive to the southern States.
" The attempts of the French to plunge us into ffie war
were well known, and it was equally plain that they would
not cease to be hostile to an amicable settleraent of our
ffifferences with Great Britain.
" The constitution still continued to be a rock of offence
to the anti-federalists ; and the funding systera, by aflord-
ing support to the government, had becorae exceedingly
obnoxious to that party. It was evident, then,
" That a treaty with Great Britain, by preventing war,
*¦ Late mayor of the city of New- York.

376 LIFE OF JOHN JAY.
would disappoint the southern debtors ofthe receipts in full,
with which they flattered themselves from a war.
" That it would displease the French, by lessening our
supposed dependence on them for protection against Great
Britain, by diminishing their influence in our councils, and
by making us friends with their eneraies.
" That it, would discontent the anti- federalists, by disarm
ing them of their affected complaints against the govern
ment on account of the posts, and comraerce, &c., and by
giving additional strength to the administration, &c. &c.
"Hence there was reason to apprehend that a treaty
with Great Britain would become a signal to the anti-fede
ralists, the debtors, and the French, to unite their efforts to
prevent its taking effect, and to erabarrass its execution if
ratified ; and to conduct their opposition in the raanner
raost injurious to the constitution and to the adrainistration,
and to all the raen who are attached or give support to either.
That with these parties would naturally be associated the
Jacobin philosophers, the disorganizing politicians, and the
malcontents of various descriptions ; together with the
raany who have Uttle to lose and rauch to covet, and those
who regard war as speculation, and prefer spoil and plunder
to patient industry and honest gains. To these also may
be added the numerous herd of those who blindly follow
their leaders, who judge without understanffing, who beheve
without evidence, and who are to their demagogues what
some other animals are to their riders.
" On the other hand, the highest confidence was reposed
in the wisdom and firmness of the government, and in the
virtue and good sense of the great mass of our people, who
(especially in ffie eastern and raiddle States) possess a
degree of information and steadiness not to be found in other
countries. This confidence I then entertained and stUl retain.
I persuade myself it wUl be justified by the event, and that
the delusion which certain spirits are spreading to deceive
the people, wiU not infest the sound part of ffie nation. If,

LITE OF JOHN JAY. 377
however, this persuasion should prove to be ill founded, we
may expect to see our country afloat on a sea of troubles.
But having been conversant with difficulties, we are ap
prized that it is more proper as well as more useful to turn
our faces than our backs to them.
"As to the treaty, it must and wiU speak for itself: it
has been maliciously slandered, and very ably defended.
But no calumny on the one hand, nor eloquence on the
other, can raake it worse or better than it is. At a future
day it wiU be generaUy seen in its true colours, and in its
proper point of view.
" Strenuous efforts will be raade to gain and mislead a
majority of the House of Representatives at the ensuing
session of Congress ; and if they succeed, raany perplexities
and embarrassments may be expected. But perplexities
and embarrassments are incident to human affairs ; and
while moral evil remains in ffie world it will constantly
generate political ones.
"Whenever I visit Albany, I shall certainly make an
excursion to Duanesburgh. Your faraily are taking deep
root there ; and they have my best wishes that they may
there be and remain ' like a tree planted by the water-side,
whose leaf shall not wither.'
" I ara, dear sir, your friend and servant,
" John Jay.''
In order to forra a just estimate of the merits of ffie
British treaty, it is necessary to call to mind the unpro
pitious circumstances under which it was negotiated, to
examine the results it produced, and finally to compare its
provisions with the treaties subsequentiy formed by ffie
United States.
The difficulties opposed by the political state of both
Europe and America, to a successful negotiation with Great
Britain have already been adverted to. It has also been
shown, that the immediate effect of the treaty was to avert
VOL. I. — -C C C

378 LIFE OF JOHN JAY.
a war, from which the United- States could have derived no
possible advantage, which the treaty itself ffid not secure
to thera, and which could not have been waged but at a
laraentable expense of blood and treasure. The treaty,
raoreover, with one exception, reraoved every existing ob
stacle to the continuance of peace between the two coun
tries. This exception was the right clairaed by Great
Britain to irapress her own seamen, when found on board
neutral merchant-vessels at sea ; a claira which a subse
quent war and treaty failed to extinguish, and which we
raay therefore believe no efforts of Mr. Jay could have
induced the British cabinet to abandon. The coraraercial
pri-v;ileges granted to the United States both in Great
Britain and the East Indies, extensively contributed to their
present wealth and prosperity, and led to the privileges
they StUl enjoy in those countries. The corapensation
recovered in consequence of the treaty, for spoliations on
American commerce far exceeded what has ever been
recovered on a similar account under any subsequent
treaty, and amounted to the large sum of ten millions
three hundred AND FORTY-FIVE THOUSAND DOLLARS.
This sum was paid into the pockets of American mer
chants, who, but for the treaty, would have found in a war
with England the completion of their ruin.
Nor was it one of the least benefits of the treaty, that
by preserving peace with Great Britain it saved the coun
try from an aUiance with France, then in the height of
her delirium. We have already seen the strong dispo
sition which existed in the United States to adopt French
principles and manners ; and it cannot be questioned,
that had- that disposition been fostered by the close con
nexion into which a war with England would have drawn
the two republics, it would ultimately have proved danger
ous and perhaps ruinous to the raorals and institutions of
the country.
Let us now take a comparative view of this much calum-

LIPE OP JOHN JAY. 379
niated treaty, and see how far the abilities of Mr. Jay have
been eclipsed by subsequent negotiators, and how far the
errors of which he has been accused have been avoided
by some o£ those who were most active in condemning
tiiem. In 1799, notwithstanding the insulting rejection by the
French Directory of two successive raissions, Mr. Adaras,
who was then president, contrary to the opinion of his
cabinet and the wishes of tbe federal party, made a third
effort to concUiate the offended republic, and appointed
three coraraissioners to negotiate with her. One of these
coraraissioners was Mr. Ellsworth, chief justice of the
Suprerae Court of the United States. It wiU be recollected
that Mr. Jay held the same station when sent to England,
and it wUl also be recollected that the president and Senate
were accused by the opposers of the mission, of violating
ffie constitution and tainting the purity of the bench by
ffie appointment. It might have been supposed that these
jealous patriots would have been greatly scandalized at
this reiterated assault upon the constitution and the bench ;
but Mr. Ellsworth was a minister of peace to France, and
not to England, and not a murmur was heard throughout
ffie deraocratic party.
The spoliations on American coraraerce by the French
far exceeded what had been committed by Great Britain
prior to 1794 ; and ffie government were informed of no
less than 019 American vessels which had been captured
and condemned under the French decrees. On the 3d Sep
tember, 1800, a treaty was concluded with France which
gave no compensation for any one of these captures ; yet
those who burned the British treaty, received this with
exultation. The article inserted by Mr. Jay in his treaty, prohibiting
the sequestration of debts in case of war, was denounced as
a wanton abandonment of a powerful means of offence
against Great Britain. A similar article, copied verbatim

380 LIFE OP JOHN JAY.
from ffiat treaty, was inserted iu the French troatv. and not
a voice was raised against it To sequester Briitish or
Frendi debts was altogether a different afisir.
The board of commissioners, provided bjfctjie British
treaty to investigate and decide on claims, was denounced
as a judicial colossus, by which American ciUR-ns w-ere
robbed of ffieir riglit of trial by jury, and the president and
Senate were oonsui-x?d tor estJiblishing a court unkno\\-n to.
and coutTtiry to. ffie constitation. In 1804. under Mr. Jot-
ferson's affininistration, a tn:\ity w;is formed with Sp;un, in
wliich it was found espoibent to provide a Kxu-d of com-
missiouers constituted pi-ecisoly like ffiat Nvhich had been
so vehemently condemned.
By ffie expimtion, in 1803. of ffie commercial article.? of
ffie British treaty, tiie comraei-ce of the United States wiffi
Great Britain was left subjected to the arbitrary restrictions
of ffiat government Mr. Joflei-son wasdesiiinis of placing
it on a less pi-ecai-ious footing, and. iu 180ti, he appointed
two comniissionei-s to n^otiate anotiicr coinmereial ti-oaty.
This gentieraan had pi-onouiiced tiio tivaty of 1794 " exe
crable ;" an " infemous act which was ix>all\- noffiing more
ffian a treaty of alliance between England aud tiie AngUv
menof tins country, against tiie legislature and people of Uie
United States."* Ho had declared tiie negotiator of tliis
tieaty to be " a rogue of a pilot," who had run tbe vessel
of State into au enemj^'s port,t and had called on ffie House
of Representatives to save ffie people from his " avarice aud
corruption." J It must ffierefore have been Mr. Jel&i-sou"s
opinion ffiat an honest miuister would have made a better
treaty ; and we are to presmne that it was under ffie influ
ence of tills opinion tiiat he selected JMossrs. JMom-oe and
Pinckney as his negotiators.
* See Jelfersou's writings, vol. iii. Loiter to Edward RuUedgo, 800*
November, 1795.
t Letter to Mtum Page, SOth Aug.. 1795.
t Letter to Jnines Madison, 27ih Mamh, n9t>.

LIFE OP JOHN JAY. 381
On the 31st of Deceraber, 1806, these coraraissioners
signed, at London, a comraercial treaty with Great Briain.
It is not a Uttle singular that this instruraent contained no less
than eleven articles, transferred verbatim frora the " exe
crable" treaty of 1794, and five others copied from the same
treaty wiffi slight alterations. In two instances only -was
this treaty raore advantageous to ffie United States than
the old one. In the latter, the British had reserved a right
to countervail an alien tonnage duty, by the iraposition of
an equivalent one on American vessels entering their ports.
This reservation was now omitted. Another improve
ment was, the omission of provisions in the enumeration of
contraband articles. But it should be recollected that the
forraer treaty had prepared the way for this oraission, by
stipulating that provisions going to an eneray 's port, instead
of being forfeited, might be purchased by the captor, on his
paying for them thefr full value, including freight and a rea
sonable mercantile profit. But these advantages, such as
they were, were purchased at a costly sacrifice. By the
old treaty, an American vessel might carry a cargo from
any part of the world to the East Indies, and thence to the
United States ; but by the new one, the outward as well
as the return voyage was to be direct, and not circuitous.
The direct trade between Europe and all the colonies of the
enemies of Great Britain was expressly surrendered ; and
it Was agreed that whatever cargoes an American merchant
might wish to carry from Europe to those colonies, or from
them to Europe, should be first landed in the United States
and a duty paid upon them. We raay easUy iraagine the
outcry which such a stipulation in the old treaty would haye
occasioned in Ariierica. The commercial intercourse be
tween the United States and the adjoining British posses
sions, granted by the former treaty, was now withheld,
Great Britain positively refusing to renew it.
The British government had nof long before issued
orders for capturing Araerican vessels trading to such

382 LIFE OP JOHN JAY.
ports in the enemy's colonies as had been closed against
thera in time of peace ; and under these orders Araerican
property had been seized to a large araount. Captures, on
the sarae principle, had been raade prior to 1794, but in
Mr. Jay's treaty this principle had been tacitly renounced,
and corapensation had been made for the property taken
under it.
Messrs. Monroe and Pinckney were instructed to obtain
compensation for the captures recently made, and were
authorized to refer the amount of compensation to the de
cision of a board of coraraissioners, to be organized like the
one established by the former treaty.* But the American
rainisters found themselves unequal to the task so success
fully accomphshed by their predecessor, and they signed a
treaty which gave no redress whatever for ffiese spoliations.
Mr. Jay was not only censured but insulted for con
cluding a treaty that did not protect the crews of American
vessels from impressraent; but the treaty of 1806 was in
this respect equally deficient, as it contained no allusion to
the subject.
The signature of the treaty by the British coraraissioners
was accorapanied by a written declaration that their gov
ernraent would not consider itself bound by it, unless the
United States would engage to resist certain French de
crees encroaching upon neutral rights ; in other words, that
the treaty should be a nullity, unless the United States be
came a party in the war against France.
Such was the treaty concluded by MessrsJ Monroe and
Pinckney, and such the humiliating condition annexed to it
by Great Britain. Mr. Monroe was a member of the
Senate at the time of Mr. Jay's appointment, and opposed
his nomination because, araong other reasons, he " thought ,
it would be difficult to find within the liraits of the United

* See Instractions from Mr. Madison, secretary of state, dated 17th
May, 1806. American State Papers, vol. vi. p. 224, 2d edit.

LIPE OF JOHN JAY. 383
States a person who was more likely to improve to the
greatest possible extent, the mischief to which the measure
naturally exposed us."* At the time this opinion was ex
pressed, Mr. Monroe had not made trial of his own talents
for diplomacy.
Mr. Jefferson, with great consistency, instantly rejected
the treaty negotiated by his ministers ; but it is not known
that he denounced thera as " rogues," or accused thera of
" avarice and corruption."
All further efforts to procure a comraercial treaty proved
unavaUing. The war of 1812 followed, and was terrainated
by a treaty of peace, which secured to the United States
no advantages whatever, not even a guarantee against .im
pressraent, for which the war had been professedly waged.
In 1815, the president, Mr. Madison, who had in the
House of Representatives acted a prominent part in oppo
sition to the treaty of 1794, succeeded in obtaining a
meager treaty, liraited to four years. By this treaty, the
trade between the United States and the British dominions
in Europe was placed on the same fopting as by Mr. Jay's
treaty, except that the reservation by Great Britain respect
ing countervailing tonnage duties was omitted, and each
party was restricted from iraposing higher duties on im
ports in the vessels of the other than in its own. How far
this arrangement was advantageous to American com
merce is at least questionable. It was formerly the policy
of raost nations to encourage their own shipping by dis
criminating duties ; and a contrary stipulation would not
have been tolerated in 1794. Modern opinions, however,
are certainly most favourable to the doctrine of free trade ;
with how much justice time will determine. It is how
ever certain, that under this arrangeraent the British have
becorae carriers for the United States to an extent entirely

* See Monroe's View of the Conduct of the E.^ecutive in the Foreign
Aifairs of the United States, p. iv.

384 LIFE OF JOHN JAY.
unknown before. If ffie stipulations we have raentioned
were iraproveraents, ffiey were ffie only ones of which ffie
new treaty could boast. Mr. Jay had secured a trade for
Araerican vessels to all the ports of ffie British East Inffies.
This trade was now restricted to four specified ports. No
trade was granted with the British provinces in America,
or wiffi ffie West Indies. The treaty contained no specifi
cation of contraband articles — no precautions against
abuses by privateers — no stipulation against ffie citizens of
one party accepting commissions against ffie offier — no
provisions for ffie security of merchants and thefr effects
in case of war ; and no agreement for the surrender of
fugitives from justice. On ffie whole, with ffie exception
of ffie restrictions on the trade with the eneray's colonies,
the treaty raade by Messrs. Monroe and Pinckney was far
preferable to the one of 1815.
When this freaty was about expiring, negotiations were
resuraed, but nothing more could be obtained ffian an ex
tension of it for ten years. In 1827, a furffier effort was
raade to obtain a better treaty, but ffie British ministry was
inflexible, and the negotiation resulted in an indefinite ex
tension of ffie existing treaty, wiffi ffie privilege to each
party of terminating it at pleasure, on giving the offier a
twelveraonffi's notice.

LIFE OP JOHN JAY. 385

CHAPTER XI,
1795-1801.
Administration of Governor Jay — Itis Proclamation for a general Thanks
giving — His Conduct in appointing to Office, and in pardoning Criminals —
Recommendation relative to the Observance of the Sabbath — Re-elected
Governor — Convehes the'Legislature in the Prospect of a War with France
— Law passed for the gradual Abolition of Slavery — The Governor de
clines the Office of Chief Justice of the United States — Resists the En
croachments of the Council of Appointment — Removes from Albanjr —
Presented with the Freedom of the City.
One ofthe first acts ofGovernor Jay was a proclamation
directing certain precautionary measures against the intro
duction of the yellow fever into the city of Ne-w- York.
These measures unfortunately proved unavailing, and in
the latter part of the summer the city was visited with that
distressing pestilence. The governor, believing it to be his
duty not to leave the city, remained with his family during
the continuance of the malady. The station he occupied
induced him, on the removal of the scourge, to call upon
his fellow-citizens throughout the State to unite with him
in public thanksgivings to that Being through whose provi:-
dence the plague had been stayed.
In New-England, days of public thanksgiving, and of
fasting and humiliation, had long been customary, and were
recognised by the laws ; but in New-York such days, it is
believed, had never been appointed by the civU authority, and
the Legislature had made no provision for their observance.
The governor well knew that the spirit of party would
gladly avaU itself of the present occasion to impugn his
motives ; and he therefore took the precaution to state
VOL. I.  D D D

386 LIFE op JOHN JAY.
explicitiy the grounds on which he raade the caU. In the
preamble of the proclamation appointing a public ffianks-
giving, after dwelling upon the propriety of pubhc expres
sions of gratitude for public blessings, and enumerating
many of the distinguished . favours -which Providence had
conferred upon the people of the State, and particularly
the cessation ofthe late sickness, he observes':
" Wheffier the governor of this State is vested with
authority to appoint a day for this purpose, and tO require
and enjoin .the observance of it, is a question which; cir-
curastanced as it is, I consider as being moreprbper for the
Legislature than for rae to decide. But , as the people of
this State have constituted rae their chief raagistrate, and
being perfectly convinced that national prosperity depends,
and ought to depend, on national gratitude and obedience
to the Supreme Ruler of all nations, I think it proper to
recomraend, and I therefore do earnestly recommend to the
clergy and others of iny feUo-w-citizehs throughout this'State
to set apart Thursday; the 26th Noveraber, instant, for the
purposes aforesaid, and to observe it accordingly."
This proclamation was immediately assaUed in the demo
cratic papers, and the following letter from an old and
ardent friend of the governor's contains an ironical state
raent of sorae of the objections to it.
FROM JUDGE HOBART.*
"Throggs Neck, 18th Noyember, 1795.
" Dear Sir,
" I have read with pleasure your excellency's proclaraa
tion for a day of thanksgiving and prayer ; the causes are
well assigned, and the petitions well adapted. Everybody
wUl agree that we have received great and undeserved
mercies, as a society, from our Creator; and that it is fit
and proper we should, as a society, acknowledge and
• A justice of the Supreme Court of New--Vork.

life op JOHN JAY, 387
implore ffie continuance of them. But by whose authority
shall the tirries and seasons for the purpose be pointed out?
" I wot that in good olden time it was the pecuhar province
of holy church, and so continued tUl Henry the 8th, of pious
memory, made a kind of hotch-pot business of it, by uniting
the ecclesiastical and civil power in his own hands. His
example has been followed by his successors to the present
day: ffiey issue their proclamations appointing days for
public fasting, humUiation, and prayer in times of public
calaraity, arid for public thanksgiving and praise upon signal
instances of public mercies. It may be said their procla
mations are authoritative, ours only recommendatory. But
I ask, if the recommendation does not partake of the nature
of a conge d'elire ? — and who will be hardy enough to neg
lect an acknowledged duty when recoramended from such
high authority ? Am I mistaken, or do ray glasses raagnify
too much when F fancy I see the cloven foot of monarchy
in this business ? Alas ! where are the ffireful effects of this
extraordinary envoyship to end ? — the benefits of oiir cora
merce transferred to Britain— r-the usurpations of its mon
archy transferred to us. Nor is this all : the poor clergy
are by ffie constitution confined to the cure of souls. They
may not interraeddle -with the political concerns of ffie
community ; the door is for ever barred against them. Let
who may be rulers, ffiey must be subject. And shall the
poor pittance of power, arising from the authority of calliiig
their congregations together, to observe particular days for
religious purposes, be thus wrested from them? It' is in
vain to say that no interference "with their authority is
intended ; for whether intended or not, it may happen that
our civil governor may recommend a thanksgiving to be
celebrated on the same day which our spiritual governors
had set apart for fasting. The case I observe has actually
happened in the present instance ; and I applied- yesterday
to the casuistry of the parson ofthe parish to decide for me
between thein, and tell which ought to be obeyed. He,

388 LIFE OF JOHN JAY.
good man, entered an advisari, and may eventually take it
ad referendum. It seems ffiis power ought to be exercised
by ffie spiritual or the civU rulers solely : it is an heredita
ment of which they cannot be seized as tenants in common,
unless ffiere should be forraed such an intiraate alliance
between church and state as to prevent aU possibility of
interference, " If Camillus can dispose of ffiese objections to the procla
mation in as friuidsome a manner as he has those to ffie
treaty, I shall tremble for ffie fate of my counti-y when you
are sent on an extra missioii to ffie court of Rome, lest the
same spirit of imitation might produce a buU, constituting
another defende?; though I trow not of the faith,
" Yours, most sincerely,
" John Sloss Hob art.
" His excellency Gov. Jay.
" 19th. — I find by the Daily Advertiser that ffie procla
raation, no more than tiie treaty, is to escape the shafts of
envy and malevolence."
But there was stUl another objection, not raentioned in
the letter, and one which shows -with what rancour the
father of his country was regarded by a party whose views
he had thwarted, by ratifying the British treaty. Araong
other subjects for prayer, suggested by the proclaraation,
was ffie preservation " of the valuable life and usefulness of
the President of the. United States." This recoraraendation
was represented in certaiii newspapers as insulting to those
who differed frora the governor as to ffie value of Wash
ington's life, and the extent of his usefulness.
On the 6th January, 1796, the governor raet the Legis
lature for the first time. His speech was concise, and
chiefly confined to the recommendation of such laws as in
his opinion would promote the public welfare. It contained
the following summary of the principles by which his official

LIFE OP JOHN JAY. 389
conduct would be governed ; and never was a pledge of
this nature more faithfully redeeraed.
"Perrait me to avail myself of this first opportunity which
has occurred, of expressing through you to my constituents,
ffie high sense 1 entertain of ffiat esteera and confidence
which prompted ffiem to place me in the station I now fUl.
FuUy apprized of ffie duties which it imposes upon me, my
best endeavours shall be exerted to fiilfil ffiem ; and I flatter
myself, ffiat in the course of ray administration, ffie sincerity
of this assurance wUl be found to rest on better evidence
ffian. professions can afford.
" To regard my feUow-citizens -with an equal eye, to
cherish and advance merit wherever found, to consider the
National and State governments as being equally established
by the will of the people, to respect and support ffie con
stituted authorities under each of them, and, in general, to
exercise the power vested in me with energy, impartiahty,
and freedora, are obligations of which I perceive and
acknowledge the fuU force."
By ffie constitution of New- York, appointments to office
were to be raade by the governor, with ffie advice and con
sent of ffie councU of appointraent — a councU consisting of
four senators, annuaUy selected by the House of Assembly.
It had been the practice since the commencement of ffie
government, for the governor to nominate, and for the
councU to approve or reject the nomination. The governor's
exclusive right of nomination had recently been denied ; and
ffie Legislature were advised by the speech to settle the
question by a declaratory act. The wisdom of this advice
was evinced by subsequent events, to which we shaU have
occasion to allude. The speech contained two other
recommendations, which are interesting as proposing sys
tems of pohcy which have since greatly advanced boffi the
character and prosperity of the State. The first related to
a mitigation of ffie criminal code, and to establishments for
ffie employment and reformation of criminals. The second

390 LIPE OP JOHN JAY.
to a plan of internal improvements for facUitating and mul
tiplying the means of intercourse between different parts of
the State.
The answers of both Houses to the speech were explicit
in their expressions of confidence in the governor, and of
their high sense of the ability and patriotism which had.
marked his pubhc services ; thus repelling, in unequivocal
terms, ffie calumnies with which the opposers of the British
treaty had found it convenient to assail the minister who
negotiated it.
In conformity with the recoraraendation of the speech,
the subject of the .criminal code engaged the attention of
the Legislature, and a law was passed expunging from it
raany of the sanguinary features which it had borrowed
from the jurisprudence of the mother country, and provision
was made for the erection of a state-prison; criminals sen
tenced to imprisonment, having hitherto been confined in the
jails of the counties in which they had been convicted.
When we recollect the sentiments uniformly avowed by
Governor Jay in relation to slavery, it, may seera singular
that 110 proposition for its abohtion ^ivas contained in his
speech; It was no doubt omitted from the conviction -that
in the present state of politics, such a proposition eraanating
frora him, would enlist the spirit of party in opposition to
a measure, against which the prejudices of a large portion
of the community were already arrayed. He therefore
deemed it most prudent that the raeasure should briginate
with the Legislature. Accordingly, a few days after the
commencement of the session, a meraber of the lower House,
and an inthnate friend of the governor's, asked leave to
introduce a bill for the gradual abohtion of slavery. This
request which is usually- granted as a raatter of course,
was unexpectedly resisted, and leave was finaUy given by
a small majority. The vote evinced the strong repugnance
felt by the house, even to take the subject into consideration.
The bfll underwent a protracted discussion, and was ulti-

LITE OF JOHN JAY. 891
mately defeated by a resolve, that it would be unjust to
deprive any citizen of his property, without a reasonable
pecuniary corapensation, at the expense of the State. It
was well understood by all, that on this condition, it was
impracticable to abolish slavery ; and no further attempt
to carry the bill was made during the session. An import
ant point had, however, been gained by its introduction.
The discussion had. awakened public attention to the subject,
and the friends of justice and humanity were well assured,
that the more the evUs of slavery wer# exposed, the sooner
would the public deraand its extinction.
An opportunity soon presented itself for testing the sin
cerity of the governor's promise, that he would regard his
fellow-citizens with an equal eye, and exercise with impar
tiality the powers intrusted to him. For about eighteen
years the administration of the State had been in the hands
of Governor Clinton, and most if not all the offices in his
gift were- filled by his political friends. For the last six
years the citizens had been divided into t-wb great parties,
possessing opposite views and principles, and lavish in their
criminations of. each other. The late election had trans
ferred the official patronage of the State to Mr. Jay, and
it was not perhaps an unreasonable expectation, that a
popular leader would reward his followers, or that a regard
to his own interests would induce him to wrest from his
enemies such means of annoyance as were supplied by
situations of profit and influence. It was also recollected
that Mr. Jay had three years before been excluded frora
the place he now filled, by a party act of at least question
able morality ; and that he now was, and had been for the
last year, the constant themeof the raost malignant insult
and abuse, by the very party to which almost every office
holder in the State belonged. Soon after the meeting of
the Legislature, the councU of appointment was summoned
by the governor, and it is not surprising that his friends,
flushed with ffieir recent triumph, now anticipated the spoUs

392 LiFi! OF JOHN JAY.
of victory. But their hopes were disappointed. The
governor they had elected was the governor of the State,
and not of a party ; and he resolved to dispense his patron
age for the good of the whole, and not. of his friends.
Hence the council was called on by the governor only to
fill vacancies where they existed, but not to remove any
from office, as a punishraent for, political heresies. During
the six years of Governor Jay's adrainistration, not one
individual was dismissed by him from office on account of
his politics. So long as an officer discharged his duties
with fidelity and ability, he was certain of being con
tinued, and hence his devotion to the public becarae
identified with his personal interest. It is related that in
the councU, a member was urging in behalf of a candidate
his zeal and usefulness as a federalist when he was inter
rupted by the governor, with " That, sir, is not the question ;
is he fit for the office ?"
But if, on the one hand, he refused to consult the interests
of his friends in preference to those of the public ; oh the
other, no considerations of policy could seduce him into
acts of injustice or ingratitude towards thera. An active
federalist strongly advised hirn to appoint a gentieraan of
the opposite party to an important office. The governor
remarked, that the office, instead of being vacant, was
already filled by one who was a federalist, and against
whom he had received no complaint, and expressed Ms sur
prise that he should be pressed to remove him, in order to
raake room for a political opponent. He was assured, in
reply, that the present incumbent had no influence, whereas
the person recommended had a great deal, and would, if
appointed, use it all in behalf of the administration. " And
do you, sir^" said the governor, indignantly, " advise rae-to
sell a friend, that I may buy an enemy ?"
The period for which General Washington had been
elected president was now approaching its conclusion,. and
his friends became solicitous to obtain his consent to a re-

LIFE OF JOHN JAY. 393
election. The first intimation of the determination he had
made to retire from public life at the end of the present
terra, was, it is believed, elicited in the foUowing corre
spondence. " TO GEORGE WASHINGTON. " New- York, April 18th, 1796.
"Dear Sir,
"You can have very little tirae for private letters,, and
therefore I ara the raore obliged by the one you honoured
me with on the 31st of last monffi. Your answer to the
call for papers meets with very general approbation here.
The prevaUing party in the House of Representatives ap
pear to rae to be digging their political grave. I have full
faiffi that all wUl end well, and that France will find
the United States less easy to raanage than Holland or
Geneva. " The session of our Legislature is concluded, and
nothing unpleasant has occurred during the course of it. I
think your raeasures will raeet with general and firra sup
port from the great majority of this State. There is no
defection among the federalists ; as to the others, they wiU
act according to circumstances.
" These contentions raust give you a great deal of trouble ;
but it is apparent to rae, that the conclusion of them, Uke the
conclusion of the late war, wUl afford a train of reflections
which wUl console and compensate you for it.
" Attachment to you, as well as to our country, urges
me to hope and to pray that you will not leave the work
unfinished. Reraain with us at least while the storm lasts,
and untU you can retire like the sun in a calm unclouded
evening. ^
" May every blessing, here and hereafter, attend you.
" I am, dear sir,
" Your obliged and affectionate servant,
" John Jay."
VOL. I.  E E E

394 LIFE OF JOHN JAY.
" TO JOHN JAY.
" [Private.] " Philadelphia, Sth May, 1796.
"My dear Sir,
" You judged very right when, in your letter of the 18th
ultimo, you observed, ' I can have very littie time for pri
vate letters.' But if my friends will put up with the hasty
and indigested ones I can write, under such circumstances,
there are a few of them (among whom allow me the grati
fication to place you) with whora I should feel very happy
to correspond, and, while I hold ray present office, to learn
their sentiraents upon any of the important raeasures which
come before the executive of the United States.
" I am sure the mass of citizens in the United States
mean well, and I firmly believe they will always act well
whenever they can obtain a right understanding of matters ;
but in some parts of the Union, where the sentiments of
their delegates and leaders are adverse to the government,
and great pains are taken to inculcate a belief that their
rights are assailed and their liberties endangered, it is not
easy to accomplish this ; especially (as is the case invariably)
when the inventors and abettors of pernicious measures use
infinitely raore industry in disseminating the poison, than the
weU-disposed part of the community do to furnish the anti
dote. To this source all our discontents may be traced,
and from it our embarrassments proceed. Hence serious
misfortunes, originating in misrepresentation, frequently
flow and spread before they can be dissipated by truth.
" These things do, as you have supposed, fill ray raind
with much concern and with serious anxiety. Indeed, the
trouble an4 perplexities which they occasion, added to the
weight of years which have passed upon me, have Worn
away my mind more than my body, and render ease and
retirement indispensably necessary to both during the short
time 1 have to remain here.

LIPE OP JOHN JAY. 395
" It would be uncandid, therefore, and would discover a
want of friendly confidence (as you have expressed a soli
citude for my, at least, riding out the storm) not to add,
that noffiing short of events, or such imperious circum
stances (which I hope and trust will not happen) as raight
render a retreat dishonourable, will prevent the public am
nunciation of it in tirae to obviate waste or misapplied
votes, at the election of president and vice-president ofthe
United States in December next, upon rayself
" I congratulate you on the tranquil session just closed in
your State, and upon tiie good dispositions generally which,
I ara inforraed, prevaU among the citizens thereof
" With the most friendly sentiments, I reraain, dear sir,
" Your obedient and affectionate servant,
"Geo. Washington."
In September, the president published his justly cele
brated Farewell Address; and in the succeeding November
a special session of the New-York Legislature was held for
the purpose of appointing electors of president. The gov
ernor embraced the opportunity thus offered of paying a
public tribute to the services and character of this great
and good man. " The period," said the governor in his
speech, " fixed for the election of a president of the United
States is approaching, and the raeasures preparatory to it
in this State are now to be taken. In every possible situ
ation of our national affairs, whether of peace or war, of
tranquiUity or of ferment, of prosperity or raisfortune, this
object wUl not cease to demand the utmost care and cir
cumspection. "Hitherto embarrassments arising frora corapetitions,
and frora the influences incident to thera, have not been ex
perienced ; they have been excluded by the uniform and
universal confidence reposed in that Ulustrious patriot, who
being distinguished as the father and ornament of his coun
try, by a series of great and disinterested services, was also

396 life op JOHN JAY.
eminentiy qualified by an uncommon assemblage of virtues
and talents for that important and exalted station.
"But that extraordinary raan, having with adrairable
wisdora and fortitude conducted the nation through various
vicissitudes and unpropitious circurastances to unexampled
prosperity, is now about to retire. Mankind has not been
accustomed to see the highest mUitary and civU power of
a nation so received, used, and resigned, as they have been
in this glorious instance."
1797.] In January the Legislature again assembled,
and a bill was brought into the Senate for the gradual aboli
tion of slavery. The opposition to this bill was less open
than that which it had experienced in the other House the
preceding winter, but it was not perhaps less insidious.
Its consideration was postponed frora time to time by a hos
tUe majority, tUl the session expired without a vote being
taken on its raerits.
On the 25th Noveraber of this year, the new state-prison
was opened for the reception of convicts. This was the
comraenceraent of a new era in the criminal jurisprudence
of New-York. A sanguinary code had been abolished,
and the penalty of death had, in many instances, been com
muted for imprisonment at hard labour in the new prison.
To the governor was confided the power of pardoning ;
and certainly no other official function so often exacted
from him the sacrifice of feeling to duty. The petitions for
pardons were numerous, and they were frequently presented
under circumstances which required great firmness to re
sist them. In two instances, the governors of neighbour
ing States applied to him by lettei-, soliciting the pardon of
convicts from their States, who happened to be respectably
connected. In another case, the clergy, raagistrates, and
inhabitants of a town in Connecticut united in a petition in
behalf of a fellow-townsman. But perhaps in no instance
did the governor find it more difficult to withstand the
solicitations of his friends, and the impulses of his own

LITE OP JOHN JAY. 397
feelings, as in one which excited a general and painful in
terest The son of a worffiy revolutionary officer, who
had lost a limb in ffie pubhc service, had been con-victed of
forgery, and sentenced to imprisonment for life. The aged
and broken-hearted parent repaired from a distant part of
ffie State to ffie capital, to invoke in person ffie clem
ency of ffie executive, bringing -wiffi him from the towns
through which he passed petitions ursing his suit ; while
the governor's most confidential friends, and ffie great
officers of state, sohcited him in private, to hberate ffie
prisoner, in consideration of ffie faffier. But aU was in
vain. A pardon, on ffie ground on which this was asked,
would have been an adraission ffiat ffie children of deserving
parents might commit crimes -mth impunity ; and ffiat an
offender, whose connexions were numerous and influential,
was entitied to more lenin." than ffie friendless and obscure.
The principles on which ffie governor exercised this im
portant prerogative may be gaffiered frora some of his
letters on ffie subject.
" TO THE JTSnCES ANT) SELECTMEN OP THE TO-WN OP
NORWALK, CON>-. " Xew-Tort, 2d July, I79S.
¦' GENTLEaCEN,
" I have received ffie petition by which you and other
inhabitants of ffie to-wn of Xorwalk request that a pardon
mav be granted to Stephen Belknap, who was lately con
victed of attempting, in concert -with offier prisoners, to
effect ffiefr escape from ffie jaU of this city by force of arms.
The jad of ffie city was broken, ffie citizens alarmed, one of
ffiem was shot and severely wounded, and the hves of offiers
of ffiem greatiy endangered. For this ofience he was sen
tenced to imprisonment and hard labour in ffie state-prison
for eighteen monffis, and to a fine of no great amount.
" This correct and weU--written petition appears to have
been ffictated by pure and commendable motives. From

398 LIFE OP JOHN JAY.
the characters of the subscribers I ara convinced that entire
credit is due to the facts stated in it, and that the reputa
tion, circumstances, and connexions of Stephen Belknap are
truly represented.
" I feel the force of the considerations you urge, and sin
cerely sympathize with the young raan's father in the afflic
tion which he raust necessarily experience frora so distress
ing an event.
"It is true that I have authority to grant hira a pardon ;
but that authority, you well know, gentlemen, is to be con
sidered as a trust to be executed, not according to ray wUl
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 de
fiance to their authority, and a raost unjustifiable corabina
tion to break from their control by force of arms, and with
out regard to the blood and lives of faithful officers and
innocent citizens.
" The punishment to which he has been adjudged is raild,
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 civU raagis
trates and ministers of justice must be protected, and- that
so decidedly as to let it be seen and felt, that violences and
outrages against thera cannot be coraraltted with irapunity.
To pardon and discharge such an offender alraost directly
after his commitment to the state-prison would, instead of
producing the proper impressions on him and others, natu
rally excite disgust and indignation in the peace-officers,
and be censured, if not generally, at least by those who

UWK OF JOEN JAT. ^9
tiunk oar presrait penal code too mild. Besides, should a
pardon be granted to Belknap and refiised to his leUow-
(^fenders, it would be difficult so to discriminate him from
all the others as to avoid that partiaUty and respect to per
sons ^trfaidi both justice and pohcy forbid. Altboogfa too
much severity is inhunranity, yet unless mercy is estoided
-wiffi great discretion, it -wiU encoorage ofiences and ulti
mately mnltijdy ponisbments.
" It also merits consideratioii, tbat many judicious and
-well-disposed citizQis among as think that more sanguine
expectations are entertaioed frxim our present mild or (as
some call it) relaxed system of punidiments than will ever
be leabzedL Prudenoe directs that it dhoald have a fafr
trial, and iberefore that the supposed ol^ections to it ^lould
not be f»ermitted to derive strei^ffi and support firom the
fr^uency <rf pardons, in cases -where the propriety of them
is justly liable to doubt and question.
" I submit the^e reflections to your candid conaderation ;
and I assure you that I sincerely regret thefr constraining
me to for^o the satis&ction I dionld derive from a ccm-
jdianoe -wiffi your request
" It is pleasant to gratiiy ffiose who wish us -weB, and
-whom we esteem and respect; but there are occasions
-when we mi^ however reluctantly, deny oorsehres that
pleasure. " I bave the hoiKwr to be, gentlemen,
" Your humble servant
"Jobs Jay."
- to general -welliahs.
-Sir.
** I have been feToured with yours of the 28ffi May, men
tioning that the friends of WUliam Moncrief are anxious fijr
his release from imprisonment and that the peo[de appear
to be satisfied wiffi the prarishment he has received. How
¦fer these circumstances aScnd proper reasons and jHTDci-'

400 LIFE OP JOHN JAY.
pies whereon to found a pardon, is a question which, after
due consideration, will not, I presurae, appear very difficult
to decide.
" The power of pardoning is coraraltted by the constitu
tion to the prudence and discretion, and not the wishes or
feehngs of the governor. If it was confided to the latter,
very few convicts would be long iraprisoned. I believe it
to be ray duty to pardon all who, in ray judgraent, ought to
be pardoned, and to refuse pardons to all who, on principles
of sound policy and justice, ought not to have thera. To
pardon or not to pardon does not depend on ray will, but on
ray judgment ; and for the impartial and discreet exercise
of this authority I am and ought to be highly responsible.
" I ara, sir,
" Your raost obedient servant,
" John Jay."
The raoderation and forbearance evinced by Governor
Jay towards his political opponents arose frora other and
higher raotives than a desire to conciliate their favour ;
and he was, therefore, neither surprised nor disappointed at
finding the electioneering campaign opened against hira at
least one year before the expiration of his terra of service.
His enemies took the field under the banners of his old
friend Chancellor Livingston, whom they annonnced as
their candidate for governor. Mr. Jay would gladly have
retired frora the contest, but the indignities which France
was at this tirae heaping upon his country, and the proba
bihty that they would soon lead to war, forbade him to con
sult only his personal gratification. His fellow-citizens still
claimed his services, and he resolved not to abandon the
helm at a moraent when the lowering clouds portended a
storra. No corapetitor could probably have been selected -v^^ith
whom he would have been more reluctant to contend than
the chancellor. Ancient friendship and ancient associa-

LIFE OP JOHN JAY. 401
tions must haye rendered it peculiarly painful to him to find
in his old companion and fellow-labourer a voluntary rival.
But whatever may have been his reflections d'n the occa
sion, they were confined to his- own bosom ; and nothing
unkind towards his opponent escaped from his lips or
his pen.
On the 2d of January, 1798, the governor opened the
session of tbe Legislature with a speech which, as usual, was
chiefly confined to topics of local interest. Theire was one
passagej' however, which marked his reverence for religion.
".There is," he observed, " much reason to regret that more
respect is not generally paid to the injunctions of the act
relative to Sunday. If the Sabbath be, as I ara convinced
it is, of Divine appointment, this subject ought not to be
regarded with indifference."
The answersof both Houses were respectful, and a promise
was given that the suggestion relative to the Sabbath
should engage their attention. The subject in the lower
House -was referred to a special committee ; and their report
is interesting, as, showing that it was not then supposed to
be inconsistent with the principles of either civil or religious
freedom, to guard the Sabbath frora profanation by legal
enactments. " The committee to whom was referred that part of his
exceUency's speech relative to the observation ofthe Sab-
baffi, report — that the comraittee being impressed with this
solemn truth, that righteousness exalteth a nation, and that
sin is a reproach to any people ; and also considering the
positive command of the Supreme Lawgiver, remember
THE Sabbath .to keep it HOLY,Las being a moral duty
binding upon all men ; and also viewing with sincere regret
the frequent and open violation of the Sabbath, — they are
of opinion that the law respecting the Sabbath ought to be
so altered as to prevent the profanation thereof, at least so
far as such practices tend to disturb the peace and good
order of civil society ; and they have prepared ^ bill for that
VOL. I.  F F F

402 UFE OP JOHN JAY.
purpose, entitled ' An Act to prevent ffie profanation of ffie
Sabbaffi,' which ffiey ask leave to bring in."
This bUl, in its progress ffirough ffie House, was sup
ported by a very large majority, including ffie leaffing raen
of boffi parties, and it becarae, wiffi sorae alterations, a law
of ffie State.
The bill for ffie abolition of slavery was brought forward
for ffie third tirae. The opposition to it in ffie lower House
was vigorous ; and an atterapt was mad6 to destroy ffie bill
by adding to it a clause, providing for the rerauneration of
the owners of manumitted slaves. The attempt failed,
and after much delay and discussion, the bill was- carried
by a raajority of twenty-six votes. But the triuraph was
incoraplete, as ffie bUl had yet to pass the ordeal of the
Senate, and in tiiat body it was rejected.
In the month of April of this year, the election for "gov
ernor was held. The democratic party made grdat efforts
to place Chancellor Livingston in ffie chair of state, but
Governor Jay was rcrelected by a large and greatiy in
creased majority.
The foreign relations of ffie United States continued to
wear a threatening aspect. The insults of the French
Directory, and their depredations Upon American cora
raerce, had now proceeded to such lengths as in the opinion
of raany to render war inevitable. Under ffiese circum
stances, the governor thought it proper to issue his proc
lamation, convening the Legislature, in order ffiat ffie
necessary measures for ffie security of the city and State
of New-York might be taken without delay.
General Washington had already, in anticipation of a
war with France, accepted the situation of coramander-in-
cliief of the American army. In reference to this appoint
raent, he remariced in one of his letters, " The principle by
which my conduct has been actuated through life would
not suffer me, in any great emergency, to withhold any ser
vices I could render, when required by my country, espe-

LIPE OF JOHN JAY. 403
cially in a case where its dearest rights are assailed by
lawless and intoxicated power, in contempt of justice, and
in violation of solemn compacts, and of laws which govern
all civUized nations ; and this too with the obvious intent
to sow thick the seeds of disunion, for the purpose of sub
jugating our government, and destroying our independence
and happiness."
The opinion thus expressed -by Washington, of the con
duct of France, was entertained by a large ' proportion of
his countrymen : the pulse of the nation beat high for war ;
and ffie popular- sentiraent of the day — "Millions for de
fence, not a cent for tribute," truly expressed the feelings
of the people. Patriotic addresses from pubhc meetings to
the constituted authorities were frequent, and manifested a
firra resolution to maintain .the honour and rights of the
country. The following address and answer wUl help to
show the spirit of the times.
Address of the Inhabitants of Washington County, Convened
at Hartford, by Public Notice, on the 9th of August, 1798.
'* TO HIS EXCELLENCY JOHN JAY, ESQ., -
" Governor of the State of New- York.
"Sir,
" We cheerfully erabrace this opportunity of congratu
lating you upon your re-election to the elevated office of
first raagistrate of this State ; and we regard it a raark of
ffiscernraent in our citizens, boffi pleasing and encouraging,
that notwithstanding the false, the foul, and inflararaatory
publications industriously circulated to defeat their inten
tions, such a respectable raajority of their suffrages should
appear fOr one whose attachraent to ffieir liberties has been
uniforra, whose firraness in prosecuting them inflexible, and
whose integrity in every part of his official conduct is un
impeachable. «We are happy that agreeably to that firmness which
has uniformly raarked your public conduct you have this

404 LIFE OP JOHN JAY.
day convened our Legislature to co-operate with the Presi
dent of the United States, in concerting raeasures for our
coraraon defence.
" We humbly hope that they wiU cordially concur in
every measure which your wisdom may deera useful, and
requisite. " Peace we estimate as onfe of the most precious gifts of
Heaven, and with heartfelt emotions of gratitude we adore
the Ruler of nations for our long, uninterrupted enjoyraent
of it ; but basely to pursue this blessing at . the expense of
our liberty is undutiful, not only to ourselves,- but also to
that benignant Deity who decreed that man should be free.
The moment that an individual or a nation passively
receives the insults of oppression, they sink. from that
ele-vation of character for which they were originally
destined. " Under the impressions of this great truth, whUe we
express unlimited 'confidence in your wisdom and rectitude,
we solemnly pledge ourselves, at ffie hazard of our property
and blood, to support you in every laudable measure.
" Signed by order, and in behalf of the meeting, .
"John Williams, Chairman." 4
" To the Inhabitants of 'Washington County, who convened
at Hartford, hy Public Notice, on the 9th of August, 1798.
" Albany, 16th August, 1798.
"Gentlemen,
" The address with which you have honoured me con
tains congratulations and assurances which I receive with
gratitude. I view the conduct of the French Directory
towards this country in the same light as you do ; and ob
serve with pleasure that your .sentiments and resolutions
respecting it are such as become Americans.
" It is worthy of consideration that we have no liberty to
acquire, but much to preserve ; we already possess all the
hberty ffiat raen can have — the entire and perfect liberty of

LIPE OF JOHN Jay. 405
governing ourselves. Every principle of honour and interest
calls upon us to use this liberty wisely, and to unite in pre
paring to defend it with the like spirit and perseverance
with which it was obtained. Accept ray best wishes for
the prosperity of your- county, and. that, as it bears the
narae, so raay it also cherish the patriotisra and other virtues
which distinguish the Ulustrious Washington. "John Jay."
On the 2d of August, the governor opened the- session ofthe
Legislature with a speech, in which, after taking a succinct
view of the insidious and hostile policy of the French re
public towards the/United States, he referred to the pre
cautionary raeasures taken by the general governraent, and
to the daty of the Legislature to co-operate in them.
"WhUe security," he remarked, "is the question, the ex
pense of providing for it is a secondary consideration. It
is to be regretted, that too many of our citizens seem to
have' inadvertently flattered themselves that, unhke aU
other people past or present, they were to be exdmpt from
taxes. But, whatever difficulties, or differences of opinions,
may exist or occur relative to our domestic expenses, it
certainly becomes us unanimously and firmly to resolve
that they shall not be increased by tribute or contributions
to any foreign nation. The great Sovereign of the uni
verse has given us independence, and to that inestimable
gift has annexed the duty of defending it. We may be
involved in a severe contest but we, have no reason to
despair of success. The United States cannot be con
quered but by civil discord under foreign dictation ,- and
>it is useful to recollect, that to tliis cause all fallen repubhcs
'have owed their destruction. History will declare to future
ages that the United States were as kind as a neutral nation
could with justice be to the republic of France, in the day
when her destiny was doubtful : it is to be hoped, ffiat his
tory will also declare, ffiat when, in the day of her power,

406 LIFE OF JOHN JAY.
France becarae t}Tannical as weU as triumphant and had
indecently requfred us to descend and take a place among
her tributaries, tiie United States spurned her requisition,
and maintained ffieir dignity."
The sentiments of tiie governor were cordially recipro
cated in the answers to liis speech. For ffie raoment
ffie voice of faction was drowned in a loud and vehement
burst of inffignation against tiie insulting cupiffity of ffie
French Dfrectory ; Emd ffie Legislature unanimously voted
a patriotic address to the president, pledging ffie support of
ffie State of New- York in his endeavours to raaintain ffie
rights and honour ofthe nation. They then passed an act,
appropriating a large sura of raonej^ for ffie erection of for
tifications and ffie purchase of arras, to be expended by ffie
governor, and at his discretion. This law imposed a hea-vy ,
responsibUity upon the governor, but tiie prudence and,
fidelity wiffi which he cai-ried it into execution secured him
from censure. The disburseraent ,of tiie raoney he cora
raltted to his fi-iend General Clarkson, in whose probity the
public, as well as himself, had unlimited confidence. To
General Hamilton, who was then inspector-general of the
American array, was intrusted the superintendence of ffie
works to be constructed for defence: and Mr. King, ffie
American minister in London, was coraraissioned to pm--
chase fhe necessary arms.
About this period an effort was made by several of the
States to procure an alteration to ffie constitution of the
United States, by wliich foreigners-should be excluded from
office. This effort was not successful ; but Governor Jay,
who had always appr,oved ffie pohcy at which it aimed,
suggested in the following letter a mode of effecting the
object wiffi less difficulty ffian by making a change in the'
cpnstitution.

life OF JOHN JAY. 407
"to TIMOTHY PICKERING.* « 13th May, 1798.
"Dear Sir,
" It is said that ffie Naturalization Act is to be re-vised
and amended. Permit rae to suggest an idea which I have
for raany years deeraed iraportant.
" We doubtless may grant to a foreigner just such a por
tion of our rights and privUeges as we raay think proper.
In my opinion it would be wise to declare explicitly, that
the right and privUege of 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 ffie
Senate, be neverffieless at liberty to appoint a foreigner to
a raUitary office. " I ara, dear sir,
" Your raost obeffient servant
"John Jay."
1799.] The Legislature, which had been suramoned by
the governor's proclaraation, adjourned iramediately after
ffiey had adopted ffie measures for which they had been
convened, and met again at the usual time in January for
ffie transaction of ordinary business.
The governor, as we have already seen, had declared
many years before, that were he a raeraber of the Legisla
ture he would introduce a biU for the gradual abohtion of
slavery, and would never cease raoving it till it becarae a
law or he ceased to be a raeraber. It seeras to have been
his deterralnation, on becoming governor, ffiat so far as his
influence could effect it, such a bUl should be raoved at
every session tUl it was enacted mto a law, or until he
* Secretary of state.

408 LIFE OP JOHN JAY.
ceased to be governor. Accordingly, at an early period of
this session, ffie bill was inti-oduced for ffie fourffi, and hap.
pUy for ffie last time. , It was passed by a rafgority of ten
in ffie'Senate, and of tiiirty-six in ffie lower House, Probably
no raeasm-e of his adrainistration afibrded liuii such unfeigned
pleasure, and certainly none was more propitious to ffie
morals, resom-ces, and happiness of the State over whicli
he presided.
As tiie fiurst magisfrate of ffie State, he felt it to be Ids ,
duty to see ffiat ffie laws were punctually and vigorously
executed ; and Ms official correspondence beai's abundant
testiraony to his soficitude to discover and punish every
conterapt of legal auffiority. On two occasions where
resistance was apprehended, he ordered into service such a
body of troops as to corapel instant and implicit obedience
to ffie laws. . ^ ,
Having observed ffiat frequent encroachments were
made upon ffie highways,, he. issued a proclamation re
quiring ffie proper officers to prosecute tiie offenders. The
following letters afford a pleasing mstance of official vigi
lance and private benevolence. " TO C. D. COLUEN.* "Albany,-4th Feb., 1801.
"Sir,"
" At the distance of between two or tiiree mUes nortiierly
frora the court-house at Bedford, in ffie county df West
chester, Daniel Gregory, a blacksmith, has witiiin a feW
years past erected a sraall dwelling-house, in which he lives,.
and -also occupies a blacksmitii's shop; botii of wliich are
buUt on- ffie highway. He has been often called upon to
remove ffiem. Colonel Jesse HoUy and Major Samuel
Lyon of Bedford can give you , pai-ticular inforraation on
ffie subject * Assistant attorney-general.

LIPE OP JOHN JAY. 409
" Be pleased to take, without delay, such legal measures
as may be necessary to free the road from these intrusions.
" With esteem and regardj I am,
" Sir, your raost obedient servant,
"John Jay."
"to c. d. colden. "Albany, 19th Feb., 1801.
«' Sir,
" I wrote to you on the 4th instant to proceed against
Daniel Gregory,. who had built a dwelling-house, and has
also a blacksmith's ghop, on the highway, between two or
three miles north frora Bedford court-house. Being inter
rupted, I concluded that letter without observing, as I
intended, that this rnan living near my farm, and this en-
croachraent being under ray eye whenever I go there, I
could not reconcile it to ray official duty to let it continue
to pass unnoticed. 1 ha^ e frequently apprized him of the
consequences. He said he had no place to move to. I
offered to pay for any one acre of ground that he should
buy, whatever might be the price not exceeding fifty dol
lars. I ara ready to do ti;is still, and I mention it to obviate
what raight otherwise, perhaps, be said, that I press too
hard upon a poor man.
" With esteem and regard,
" I am, sir,
" Your most obedient servant,
"John Jay."
The house aUuded to was removed from the road, and
with Mr. Jay's consent, placed upon his land, where the indi
vidual in question was perraitted to reside for the remainder
of his life free of rent.
The general aspect of public affairs had now become
more propitious to, the continued peace and prosperity of
the country than for many years before. The British
VOL. I.  Q G G

410 LIFE OP JOHN JAY.
treaty had gone into operation, and had been thus fer faiffi-
fuUy observed ; and the partisans of Fi-ance, despairing of
involvinff tiie United States in a war wiffi Enuiand. had
ffirected ffieir efforts to the preservation of peace with the
sister republic. The atrocities which had marked the
eai'lier davs of that republic, and rendered it dangerous to
all socicd order, had disappeared before a more regular gov
ernment ; and its rulers had recently made overtures which
had induced ffie president to institute a mission to France,
which it was generally believed would result in a treaty of
amity. Governor .Tay beheld wiffi pleasure tiie approach
of a period when, without failing in the duties he owed his
counti-y, he could withdraw frora her service into tiiat
retireraent which had been so long ffie object of his desires.
The term for which he had been elected would expire in
ffie summer of 1801, and he resolved tiiat his political life
should termuiate with it. He accordingly began in tiie
latter part of ffiis year to make preparations for erecting
on his estate at Bedford, which he intended for his future
residence, the buildings necessai-y for tiie accommodation
of his family.
1 800.] The taeeting of ffie New-York Legislature shortly
after ffie death of Washington afforded the governor an
opportunity of paying a public tribute to his memory.
" You will, I am persuaded," said he, addressing ffie
Legislature, "join with me in regretting that the topic
which naturally rises first into view on this occasion is the
afflicting and unexpected death of tiiat virtuous and great
man who, both in tiie field and in ffie cabinet, in public and
private life, attracted such an uncommon degree of merited
esteem, confidence, and admiration. His memory will be
cherished by the wise and good of every nation ; and truth,
triumphing over her adversaries, will transmit his character
to posterity in all its genuine lustre. His excellent example
and excellent admonitions still remain with us, and happy
wUl that people be whose leaders imitate tiie one and bb-

LIPE OP JOHN JAY. 411
serve the other. But painful and iraportant as our loss is,
and difficult as it raay be to restrain the effusions of our
sensibility, yet it is to be recollected that the duties and
business for which we are asserabled have indispensable
claims to our attention. Let us therefore proceed to fulfil
those duties, and to do that business with the like laudable
fidelity, circumspection, and dUigence by which that real
and eminent patriot was so greatly distinguished."
The Legislature, cordially concurring in these sentiments,
testified their sense of the national loss by wearing raourn
lng, and by resolving to observe ffie 22d February, the
birthday of the departed patriot, " in a religious manner,"
by repairing in a body to church, and there engaging in
such services as their chaplains should appoint.
This Legislature, as had been ffie case in every instance
since the governor's first election, had a federal majority
in both Houses, and the intercourse between the executive
and legislative departraents continued, as usual, har
raonious. The peculiar state of the federal party at this tirae ren
dered the result of the approaching spring election preca
rious, and of course the subject of much solicitude. The
conduct of President Adams in dismissing several promi
nent and influential raerabers of his cabinet, and sending a
third raission to France, after the two forraer had been
insultingly repelled, had ffie unfortunate effect of dividing
and ffispiriting his political friends, while it revived ffie
hopes and quickened ffie exertions of the opposite party.
To this cause is. unquestionably to be attributed a return,
at the April election, of a raajority of democratic raerabers
to the New-York Asserably. The late Legislature had
adjourned a few weeks before the election, and according
to custora, the new Legislature was to asserable in Novera
ber, for choosing electors preparatory to the ensuing presi
dential election. But in New- York the poUtical year
terminated on ffie 1st of July, and of course the late Legis-

412 LIFE OP JOHN JAY.
lature retained all their authority tiU that day. These
details wUl explain the proposal made in the following
letter, -wffiich was received by the governor from one of the
most distinguished and influential federalists in the United
States. "to JOHN JAY. " New-York, May 7th, 1800.
"Dear Sir,
" You have been informed of the loss of our election
in this city. It is also known that we have been unfor
tunate throughout Long Island and in Westchester. Ac
cording to the returns hitherto, it is too probable that we
lose our senators for this district.
" The moral certainty therefore is, that there will be an
anti-federal majority in the ensuing Legislature ; and the
very high probability is, that this will bring Jefferson into
the chief raagistracy, unless it be prevented by the raeasure
which I shall now submit to your consideration, naraely,
ffie iraraediate calling together of the existing Legislature.
" I ara aware that there are weighty objections to ffiie
raeasure ; but the reasons for it appear to me to out-weigh
the objections. And in times hke these in which we live
it will not do to be over-scrupulous. It is easy to sacrifice
the substantial interests of society by a strict adherence to
ordinary rules.
" In observing this I shall not be supposed to mean, that
any thing ought to be done which integrity will forbid ; but
merely that the scruples of delicacy and propriety, as rela
tive to a common course of things, ought to yield to the ex
traordinary nature of the crisis. They ought not to hinder
the taking of a legal and constitutional step to prevent an
atheist in religion, and a fanatic in pohtics, from getting pos
session of the helm of State.
" You, sir, kno-w in a great degree the anti-federal party ;
but I fear you do not know them as weU as I do. 'Tis a

5i LXPE OP JOHN JAY. 413
composition, indeed, of very incongruous materials ; but all
tending to mischief, — some -of ffiem, to ffie overthrow of
ffie government by stripping it of its due energies ; others
of ffiem, to a revolution after ffie manner of Bonaparte. I
speak from indubitable facts, not from conjectures emd infer
ences. Ia proportion as ffie true character of ffie party is
understood, is ffie force of ffie considerations which urge to
every effort to ffisappoint it ; and it seems to me ffiat ffiere
is a very solemn obhgation to employ the means in our
power. "The calling of ffie Legislature wiU have for object ffie
choosing of electors by the people in ffistricts; this (as
Pennsylvania wUl do nothing) -wdl ensure a majority of
votes in ffie United States for a federal canffidate. The
measure -ndll not fail to be approYcd by all ffie federal peirty ;
whUe it wiU no doubt be condemned by the opposite. As
to its intrinsic nature, it is justffied by unequivocal reasons
of p-ublic safety.
" The reasonable part of tiie world vrill, I believe, ap
prove it. They -will see it as a proceeding out of ffie com
mon course, but wan-imted by ffie particular nature of ffie
crisis and ffie great cause of social order.
" If done, .ffie motive ought to be frankly avowed. In
yom- communication to ffie Legislature, ffiey ought to be
told ffiat temporary cfrcumstances had rendered it probable
ffiat -wiffiout ffiefr interposition, ffie executive auffiority of
ffie general govemment would he transferred to bernds hos
tile to ffie system heretofore pursued wiffi so much success,
and dangerous to ffie peace, happiness, and order of ffie
country. That under this impression, from facts convincing
to your own mind, you had ffiought it your duty to give
ffie existing Legislature an opportunity of dehberating whe
ffier it would not be proper to interpose and endeavour to
prevent so great an evU, by referring ffie choice of electors
to ffie people ffistributed into ffistricts.
" In weighing this suggestion, you -wUl doubtiess bear m

414 LIFE OP JOHN JAY.
mind tiiat popular governments raust certainly be over
turned, and wliile they endure prove engines of raischief, if
one part)' will call to its aid all tiie 'resources wliich vice
can give ; and if the other (however pressing the ertier-
gency) confines itself witiiin all tiie ordinary forras of deli
cacy and decorum.
" The Legislature can be brought together in tiiree
weeks, so ffiat ffiere wUl be full time for ffie object ; but
none ought to be lost.
" Think well, my dear sir, of tiiis proposition— appreciate
the extrerae danger of tiie crisis ; and I am unusually mis
taken in ray view of the matter, if you do not see it right
and expedient to adopt the measure.
" Respectfully and affectionately, yours,"
On tills letter is the following endorseraent in the gover
nor's hand : " Proposing a measure for party purposes,
which I think it would not becorae rae to adopt."
Mr. Jefferson was elected president by a raajority of
only nine votes, although he received twelve from the elec
toral college of New- York. Had the New- York electors
been chosen in as many districts, instead of being appointed
by the Legislature, it is by no means improbable ffiat at
least five districts would have returned federal electors, and
thus ensured the election of Mr. Adams. But although
Governor Jay sincerely desired the re-election of Mr.
Adaras, he could not consent to exercise for the benefit of
a favourite candidate, prerogatives which had been intrusted
to him solely for the good of ffie whole. His political
enemies were however less scrupulous in the means they
employed to effect their purposes. Of the truth of this
remark, ffie following letter is a strUting proof: —

life op john jay, 415
"to henry van schaack.
"Albany, 23d September, 1800.
" Dear Sir,
" Mr. Beers, in compliance with your request, has deliv
ered to rae an extract frora the Albany Register, of the 15th
of last raonth, which contains the following erroneous state
ment of the expenses incurred by the United States for
negotiating the treaty with Great Britain, viz :
" ' Mr. Jay, for his outfit to make the treaty, f 18,000 00
' For his passage to Europe, - - 3,708 52
' To pay incidental expenses, - - 10,000 00
' To do. in negotiating the treaty, - 5,000 00
' To get papers of captures, - 16,012 83
$52,721 35
" This statement is not a new one ; it appeared in Green-
leaf's paper in March, 1797. It is calculated, and doubtiess
was designed to impress an opinion that the administration
of President Washington was too prodigal of the public
money in the negotiation with Great Britain, and ffiat I
derived extravagant emoluments frora it.
" Calurany, ray dear sir, has been an engine of party in
all countries, and particularly in elective governraents. It
is an evil which, originating in the corruption of human
nature, is without remedy, and consequently is to be borne
patiently. The esteem of the wise and good is valuable, and
to acquire and preserve it, is all that ambition ought to aira at.
" As to the statement in question, you are desirous to
know exactly how far it deviates from the truth ; and to
gratify this desire, I wUl give you a concise and accurate
state of the facts.
" Being at Philadelphia on official business, in May, 1794,
President Washington desired me to go as envoy to Great
Britain. I earnestly endeavoured to fix his attention else
where ; but he persevered, and I found it impossible to
reconcile it with my duty to persist in declining the appoint
ment. Circumstanced as I was, and aware of the nature

416 LIFE OF JOHN JAY.
of the business, of the temper of the times, and of the union
of certain interests against any amicable settlement with
Great Britain, personal considerations opposed ray under
taking the task. When I finally yielded to the president's
request, I told him that I declined any corapensation for
my services — that my necessary and actual expenses only
should be paid ; but that my stated salary as chief justice
must be continued. A vessel in ballast was chartered to
carry me to England, for you wUl recoUect that an embargo
was then in operation ; but in contracting or paying for this
vessel, I had no agency.
" The secretary of state gaye me a bfll for eighteen
thousand dollars, towards the expenses of the raission, and
for which I was to account All my expenses of every
kind as envoy to Great Britain, including the salary of my
secretary, the expense of my passage horae, and £63 sterling
paid in counsel fees respecting capture cases, amounted to
the sum of twelve thousand dollars and thirty-six cents;
which being deducted from the before raentioned eighteen
thousand dollars, left in ray hands a considerable balance
due to the United States.
" This balance I accounted for, and settled with the
treasury in the following manner, viz :
" By cash advanced to an American gen
tleman in the service of the United States,
and whose account with the public was
charged with it by the treasury, - - $233 33
" By amount of my order on the banker in
favour of Mr. Pinckney, who was then the
American minister at London, towards a fund
for expenses respecting capture cases, to be
accounted for by him with the treasury, - 5,270 22
" By cash paid by me to the treasurer, - 496 09
5,999 64
12,000 36

$18,000 00

LIFE OF JOHN JAY. 417
" These facts are verified by the treasury report of the
account between the United States and rae, marked No.
7373 ; by the auditor's report marked No. 8330, on which
is endorsed the comptroller's certificate ; and by the regis
ter's certificate of the final settlement of the account.
" Wiffi sentiments of esteem and regard,
" I am, dear sir,
" Your raost obedient servant
" John Jay."
On the 4th of November the new Legislature convened for
the appointment of electors. The governor,, in his speech,
confined hiraself to local topics, and the raajority in the
Asserably were unable to find in it a pretext for treating
him with disrespect ; but the answer was cold and formal.
The speech was followed by a message respecting fortifi
cations, in which the governor took occasion to allude to
"the patriotic zeal and important services of ffie president."
" TO JOHN ADAMS.
" [Private.] " Albany, 10th November, 1800.
" Dear Sir,
" Still pressed by public business, occasioned by the late
session, I take up ray pen to write you a lew lines before
the mail closes.
"It very unexpectedly happened that the anti-federal
party succeeded at the last election in the city of New-
York, and acquired a decided majority in the Assembly.
Well knowing their views and temper, it was not advisable
tiiat the speech should contain any matter respecting
national officers or measures which would afford ffiem an
opportunity of indulging their propensity to do injustice to
both in their answer.
" But the next morning after ffie delivery of the speech,
and before they proceeded to the appointment of electors,
VOL. I.  H H II

418 LIFE OP JOHN JAY.
I sent them a raessage (and it is not usual to return any
answers to such messages), in the latter part of which I
expressed sentiments which leave no room for your political
enemies to draw improper inferences from the reserve
observable in the speech. The respect due to myself as
well as to you, forbade me to remain sUent on a subject and
on an occasion so highly interesting ; and I flatter myself
it will be agreeable to you to perceive from these circum
stances, and to be assured, that I stiU remain and wUl reraain,
" Dear sir, your sincere, and faithful friend,
"John Jay.
" P. S. Just on closing this letter, a newspaper, which I
enclose, came in. It contains a copy of the message."
" TO JOHN JAY.
" Washington, November 24, 1800.
" Dear Sir,
" I received last week your friendly private letter ofthe
10th. The assurance of the continuance of your friend
ship was unnecessary for me, because I have never had a
doubt of it. But others invent and report as they please.
They have preserved hitherto, however, more delicacy
towards the friendship between you and me than any
other. " The last mission to France, and the consequent dismis
sion of the twelve regiments, although an essential branch
of my system of policy, has been to those who have been
intriguing and labouring for an army of fifty thousand men,
an unpardonable fault If by their folly they have thrown
themselves on their backs, and Jacobins should walk over
their bellies, as military gentlemen express promotions over
their heads, who should they blame but themselves ?
" Among the very few truths in a late pamphlet, there is
one which I shaU ever acknowledge with pleasure, viz. that
the principal raerit of the negotiation for peace was Mr.
Jay's.

LIFE OP JOHN JAY. 419
" I wish you would perrait our Historical Society to print
the papers you drew up on that occasion.
" I often say that when ray confidence in Mr, Jay shall
cease, I raust give up the cause of confidence and renounce
it with all men.
" With great truth and regard, I am now, and ever shall be,
" Your friend and humble servant,
" John Adams."
The session of the Legislature had collected at Albany
a large number of federalists from different parts of the
State, and the opportunity was embraced to ascertain the
sentiraents of the party, as to the person proper to be sup
ported for governor at the ensuing election. It was found
to be the desire of all that the present incurabent should
continue in the chair, and a committee was appointed to
wait upon him, and solicit his consent to a noraination.
"to RICHARD HATFIELD,
" Chairman of Federal Meeting, c&c. &x.
" Albany, 8th November, 1800.
« Sir,
-" Being engaged with corapany this evening when the
committee appointed by ffie respectable raeeting of citizens
from various parts of the State, of which you was chairman,
presented to me their address, I could only return them a
verbal answer. But it appears to me proper to answer it
in writing, as well to evince ray respect, as that ray senti
ments on the subject may be the better ascertained.
" In the sincerity of the assurances with which they hon
our rae, I have perfect confidence. They have heretofore
been verified by uniform raanifestations of esteem and
attachment, which I shall always reraeraber with grateful
sensibility. ¦" The period is now nearly arrived at which I have for
many years intended to retire from ffie cares of public life,

420 LIFE OP JOHN JAY.
and for vvhich I have been for more than two years pre
paring ; not perceiving, after mature consideration, that any
duties require me to postpone it, I shall retire accordingly.
But I retain and cherish the warmest affection for my coun
try, as well as the esteera which I entertain for many, and
the good-wUl which I bear to all my fellow-citizens.
" On ffiis occasion various reflections crowd into ray
mind ; but I doubt the utility, under existing circumstances,
of expressing them. Time and experience wUl correct
many errors which ought not to have been introduced into
public opinions. What the price of that experience may
be cannot be foreseen.
" They who are convinced that our . constitutions ought
to be raaintained inviolate, and that the rights of persons
and of property cannot be preserved without governraent
constituted with power and administeredwith determination
to secure them, wUl steadfastly oppose whatever raay have
a contrary tendency.
"It is not to be expected that parties wUl never be
interaperate. But overbearing intemperance or violence
in individual leaders ought neither to appal nor inflame
good citizens. On the contrary, such violations of pro
priety should be met with teraper and moderation, as well
as wiffi increased union and firraness.
" I declare to you explicitly that in ray opinion we ought
to resist innovation, to adhere to our constitutions and gov
ernments, to give them a fair trial, and to amend ffiem from
time to time according to the dictates of experience, and not
according to the views of deraagogues or the visions of
theorists. " I have the honour to be, with great respect, sir,
" Your raost obedient servant,
"John Jay."
On the 19th of Deceraber, Governor Jay was appointed
by the president and Senate, chief justice ofthe United States.

LIPE OP JOHH JAY. 421

" TO JOHN JAY.
" "Washington, Dec. 19lh, 1800.
" Dear Sm,
*' Mr. EUsworffi, aflOdcted wiffi ffie gravel and ffie gout,
and intending to pass ffie winter in ffie souffi of France,
after a few weeks in England, has resigned his office of
chief justice, and I have norainated you to your old station.
This is as independent of ffie inconstancy of the people as
it is of the wiU of a president. In ffie future adrainisfration
of our country, the firmest security we can have against
ffie effects of visionary scheraes or fluctuating ffieories, -wUl
be in a soUd jufficiary ; and nothing wUl cheer the hopes of
ffie best men so much as your acceptance of this appoint
ment You have now a great opportunity to render a
most signal service to your country. I therefore pray you
most earnestly to consider of it seriously, and accept it
You raay very properly resign ffie short remainder of your
gubernatorial period, and Mr. Rensselaer* may ffischarge
ffie duties. I had no perraission frora you to take this step,
but it appeared to rae ffiat Providence had thrown in ray
way an opportunity, nOt only of marking to ffie public ffie
spot where, in my opinion, the greatest raass of worffi re
mained coUected in one inffividual, but of furnishing my
country wiffi the best security its "inhabitants afforded
against ffie increasing dissolution of raorals.
" Wiffi unabated firiendship, and ffie highest esteem and
respect, " I am, dear sfr, yours,
" John Adams.
" P. S. Your commission wUl soon foUow this letter."
The governor's determination to retire from public life
had been formed wiffi too much deUberation and sincerity,
* The lieatenant-govemor.

433 life OP JOHN J.1Y.
to be shake* by tiie honour now tendered to him, and the
appointment was promptly and unequiv ocally declined.
1801.] The election of Mr. Jeffei-son tniusferred ffie
administration ot" the fodei-al govenuuoiit from ffie party by
whom that go\ erument had been reared and cherished to
ffiose who had endeavoured to stifle it in its birffi, and had
ever since laboured to restrain its acti\it}- and energy.
The federal party throughout the United States now found
themselves in a minority for the first time since 1789, and
Governor Jay embraced an opportunity which soon oc
curred of pouiting out the conduct ^^¦hich, in his opinion, it
became tlie party to adopt iiiuler tiio new circiunstanoos in
which it was placed.
To an address from a federal meeting in New- "\' ork, re
gretting his intended refireiueut. und assuring hini of their
grateful sense of his services and their veneration for his
character, he returned tiie following reply :
« TO THE COMMITTEE OP THE FEDERAL FREEHOLDERS
IN NEW-VOKK. " Albany, S7th January, 1801.
" Gentlemen,
" I have received the letter which you did me the honour
to "write on tiie 15th, enclosing a copy of a resolution of
ffie federal freeholders ofthe city of New-York ofthe 18th
instant. Permit me, ffirough you, to assure ffiem of ffie
high sense I entertain of the honour they have done mo by
ffie sentiments respecting my public services, which are
expressed in ffiat resolution ; and be pleased, gentiemen, to
accept my warmest aclcnowledgments for ffie friendship
and attachment wliich your letter evinces.
" Considering tiie relations in which 1 have stood to ffiose
of my fellow-citizens ^vho oi-e dcnoniinatod federalists, I
talce tiie liberty of submitting to tiieir consideration a few
remarks. " It is an agreeable circumstance, tiiat ffie prosperity of

LIPE OP JoHis Jay. 423
our<;o«ntry, since the institution ofthe present govern
ment, justifies the support and confidence we have given to
those by whom it has hitherto been adrainistered. But
general prosperity does not invariably, produce general
content ; nor will public opiriion, perplexed by tfie different
lights and shades in which men and- measures are often
placed and seen, always remain steady and uniform.
" These observations are confirraed by events of no in
considerable iraportance, which have recently occurred.
They place us in a new situation, and render it proper for
us to consider what our conduct under it should be. I
take the liberty, therefore, of suggesting whether the patri
otic p-rinciples on which we profess to act, do not call
upon us to give (as far as raay depend upon .us) fair and
full effect to ffie known sense and intention of a raajority of
the people, in every constitutional exercise of their will ;
and to support every adrainistration of the governraent of
our country which raay prove to be intelligent and upright
of whatever party the persons composing it may be.
" With ffie best wishes for the happiness of your con
stituents, and with great personal respect and regard for
yourselves, " I have ffie honour to be, gentlemen,
" Your obliged and obedient servant,
"John Jay."
. So far as a frank avowal and a conscientious and inflexi
ble adherence to the principles of his party constitute a
party raan, no federalist had a better title to that designa
tion ffian Governor Jay ; yet we see frora the above letter
how little he was disposed to countenance a rnere factious
opposition to the constituted authorities.
It wUl be recollected, that . in his first speech to the
Legislature, he recoraraended their interference to reraove
an alleged arabiguity in the constitution, relative to the
governor's exclusive right of noraination inthe councU of

424 LIFE OP JOHN JAY.
appointment. The advice was unfortunately not followed.
For five successive years the members of the councU had
acceded to the governor's construction of the constitution ;
but a political revolution had just occurred, and those who
had aided in effecting it were now eager to enjoy the fruits
of victory. It was foreseen, that should the governor per
sist in claiming the right of noraination, the public patronage
would continue to flow in its accustoraed course, instead of
being diverted into the desired channels. Hence timely
efforts were made to induce him to yield to the views of
the now dominant party. Intimations were given to him
that, as the new council would be opposed to him in poli
tics, they would not submit to his exclusive nomination, but
would theraselves assume the right of making such appoint
raents as they though proper ; and that, should he atterapt
to thwart thera, he would involve himself in a great deal of
useless trouble. He simply replied, that his duty was plain,
and, as to the consequences which might result from its
discharge, he had nothing to do with them.
The Assembly, as had been expected, elected a demo
cratic council, and this council resolved to make appoint
ments independent of the governor's nomination. During
the administration of Governor Clinton a simUar attempt
had once been made, and with success, the governor con
tenting himself with entering a protest on the minutes of
the council. The present council probably expected that
Governor Jay would pursue a simUar course ; but the
sequel proved that they misunderstood his character.
In the raonth of February, the governor suramoned the
council, and nominated to them, for certain vacant offices,
a great number of individuals, who were, in succession,
rejected by the council, till at last they refused even to vote
on his nominations, and proceeded themselves to nominate
candidates. In this stage of the proceedings, and before a
question had been taken on these irregular nominations,
he adjourned the council. The council could not meet

LIPE OP JOHN JAY. 425
unless convened by the governor, and he resolved not to
sumraon thera again ; and to incur the responsibility of
leaving raany iraportant offices unfiUed, rather ffian sanction
a violation of the constitution.
In this eraergency, he sent a raessage to the Legislature,
rerainffing ffiera of the suggestion he had raade on this sub
ject at the coraraencement of his administration, and inform
ing thera of ffie recent occurrences. The message concluded
as follows:
" WhUe I think and beheve, as I most sincerely do, that
the right of nomination is vested by the constitution exclu
sively in the governor, it ought not, and I am persuaded it
-wUl not be expected that I should, by conceding this right
or power to any meraber of ffie councU, violate ray oath to
administer the government to the best of ray knowledge, in
conformity with ffie powers delegated to me by the consti
tution. Many appointraents exceedingly interesting to the
public ought soon to be raade ; but wliile those gentleraen
persist in the course of proceeding which they have adopted,
that business raust necessarUy remain subjected to impeffi-
ments not in my power to ob-viate or remove. I therefore
submit to your consideration, whether it has not become
indisfiensable that the raerits ofthese opposite and interfering
claims to the right of nomination should be ascertained and
decided without delay. In whatever constitutional way,
whether by a declaratory statute or by judgment of law, a
decision may be made, and whether it should or should not
correspond with the opinion I have expressed, I shall cer
tainly acquiesce in and regulate my conduct by it."
The Senate approved of the governor's construction of
the constitution, and were ready to concur in measures for
deciffing ffie question, but the Assembly thought proper to
resolve ffiat they could not interfere in any manner what
ever. It was probably hoped, that the governor would
ultimately shrink from the responsibihty of subjecting ffie
State to ffie embarrassraents which his present course
VOL. I.  1 I I

426 LIFE OF JOHN JAY.
would necessarUy occasion. Some idea may be forraed of
the extent of that responsibUity frora the fact, that the
whole civil commissions of eleven counties, and of the
mayors of four cities, had expired. The expectants of the
victorious party, moreover, becarae claraorous for their
promised rewards, and the governor's firraness alone pre
vented thera from seizing upon every office in the gift of
the council. It may readily be supposed, that under these
circumstances, no pains were spared to intimidate the gov
ernor, by exciting against him the complaints and re
proaches of the party. But all attempts of this sort proved
unsuccessful, qnd no appointments were made during the
remainder of his terra.
In the council were included two popular leaders of the
democratic party, and it became a point of honour with the
party to support thera in the course they had taken.
Every proposition therefore for settiing the question, which
could possibly lead to a decision favourable to the gov
ernor's views, was promptly rejected by the Assembly.
Towards the close of the session, when it became apparent
that he could not be driven from his ground, an act was
passed calling a Convention to revise certain parts of the
constitution, and among them, that relating to the council of
appointment. In this Convention, which did not assemble
tUl after the governor had retired from office, the demo
cratic party obtained a majority ; and it was decided that
the right of nomination was vested equally in the governor
and each member of the council. Seldom has a party
measure been attended with results less expected or de
sired by its authors than this. The governor, by being
deprived of his patronage and responsibility, was reduced
almost to a mere cipher in the government, whUe the po
litical power of the State was wielded for the tirae by the
four senators who composed the councU. These senators
were annually selected by the prevaUing party in the As
serably, and were in general the raere tools of popular

LIPE OF JOHN JAY. 427
leaders ; their subserviency being the only qualification re
quired. To this irresponsible and transitory councU was
comraitted the distribution of nearly all the offices of the
State ; and hence the possession of this council became the
great object of contending parties. While the nomination
continued solely with the governor, the persons appointed
by him held their offices at least till the end of his term of
service ; but under the new arrangement, all the officers,
with the exception of a few whose tenure was independent
of the council, were changed with every fluctuation of
party ; and it frequently happened, that in the course of
twelve or fourteen months, the sarae office would be filled
by three successive incurabents. Mr. Clinton was a prom
inent meraber of the council which contested Mr. Jay's
exclusive noraination : he afterward became governor, and
presided for many years with distinguished ability. Several
times during his administration, the party opposed to him
had the preponderance in the Assembly, and of course
selected the council ; and he had the raortification of seeing
his friends removed from office, and of being compelled to
grant commissions to his most inveterate enemies. The
sarae fate befell his predecessor. Governor Tompkins.
In 1822, another Convention was called to revise- the
constitution ; and so odious had the council of appointment
become to the people, as a mere engine of intrigue and cor
ruption, that it was abolished with universal consent. The
appointing power was somewhat distributed, but a large
portion of it was again vested in the governor, subject to
the approval of the Senate ; and thus, after the experience
of raany years, was the principle contended for by Mr. Jay
sanctioned by the public.
In the raonth of May the governor removed from Albany
to his estate at Bedford, about six weeks before the expira
tion of his terra of office. On his departure, the corporation
of Albany, as a mark of their esteem, presented hira with
the freedora of the city, accorapanied by an affectionate
valedictory address.

428 LIFE OP JOHN JAY.

CHAPTER XII.
1801-29.
Mr. Jay retires to Bedford — His Occupations and domestic Habits — Let
ter to Trinity Church— His Opinion of the War of 1812 — Elected Presi
dent of the American Bible Society — His Correspondence vf ith the Cor
poration of New-York — His Illness ani Death — Character.
Few statesmen ever had less reason to be disgusted wiffi
public life, or ever quitted it wiffi more real .satisfaction,
than Mr. Jay. For twenty-seven years he had been unre
mittingly engaged in the service of his country, and had
fUled raany of her raost iraportant offices with general
approbation. The honours conferred upon hira had been a
spontaneous tribute to his worth ; for he has been heard to
say that in the whole course of his life he had never asked
for a vote or an office. His political friends had supported
hira with zeal and constancy ; and he enjoyed to ffie last the
unliraited confidence of the party -with wliich he had acted.
The purity of his private character was not only unim-
peached, but was universally aclaiowledged and respected ;
the success of his public measures afforded only a grateffil
retrospect ; and at the very moment of his retireraent a sta
tion of high ffignity and confidence was offered to his accept
ance. When he withdrew frora the public theatre, age had
not rendered him insensible to its plaudits, or unable longer
to command thera. He was in liis 56th year, and although
he sought a life of tranquUlity, it was one of active industry.
To raany of liis friends his retfreraent was a matter of
astonishment, and stUl more his seclusion from ffie busy
world in the sequestered spot he had chosen for his resi-

LIPE OP JOHN JAY. 429
dence. Tbeir surprise was owing to their iraperfect ac
quaintance with his motives of action. He had indeed
early devoted himself to the cause of his country, but it was
not to enjoy her honours or to share her power. He sought
not the glory which coraeth frora raan, and the only power
of which he was covetous was the coraraand of hiraself.
He served his country frora obedience to what he believed
the will of his Maker ; and when in his opimon that wUl no
longer denied him the enjoyraents of private life, he erabraced
thera with eagerness and gratitude. AUuding in a letter to
his late appointraent of chief justice, he remarked, that after
much deliberation, he had come to the conclusion " that his
duty did not require hira to accept it."
But although the period had now arrived which he had
earnestly desired, he found it attended with privations and
anxieties. His estate at Bedford, which had descended to hira frora
his ancestors, had long been occupied only by tenants, and
was in a neglected and dilapidated state. His public avo
cations had prevented hira frora raaking such repairs and
iraproveraents as corafort required ; and the raansion he
had recently coraraenced was still incomplete. Mrs. Jay's
health was too feeble to perrait her to encounter the incon
veniences to which an iraraediate removal to Bedford would
expose her, and Mr. Jay left Albany accompanied only by
one of his daughters, and proceeding to his farm, took pos
session of his unfinished house. In a letter to Mrs. Jay, a
month after his arrival, he observed : " The noise and hurry
of carpenters, masons, and labourers in and about the house
are inconveniences to be subtnitted to, but not to be chosen
by convalescents or invalids. When our buildings are
finished, and tilings put in order, there will be an end of
raany disagreeable embarrassments. I hope, before the
cdnclusion of the year, we shall all be together again. Ex
cept going to raeeting on Sundays, I have not been even
once from home since I carae here. I find rayself engaged

430 LIFE OP JOHN JAY.
by and in the business now going on, from morning tiU night."
His residence was in a quiet and retired part of Westches
ter county, fffty mUes frora the city of New- York. The
post-road, on which a raaU was then carried to and from
ffie city once a week, passed within three raUes of his house.
In this secluded situation- he had scarcely any society but
that of his o-wn family and a few imraediate neighbours.
It might be supposed that so sudden and total a change of
life would have induced weariness and inaction ; and ffiat
a mind which for more than the fourth of a century had
been incessantly occupied with raomentous concerns, would
have found the details of domestic and agricultural arrange
ments insufficient to engage its attention. But his fond
ness for rural pursuits, together with the conffition of his
estate, ffirnished him with constant and agreeable employ
raent. After the lapse of a few months, Mrs. Jay found her
health sufficiently restored to permit her to rejoin the famUy
at Bedford. A large portion of her life had been unavoid
ably passed in the gay and fashionable world, and she now
bade it a final affieu, not only without regret, but with un
feigned satisfaction. Shortly after her arrival at Bedford,
in a letter to a friend describing her new residence, she
reraarked : " I can truly say I have never enjoyed so rauch
corafort as I do here." It was however the wiU of Provi
dence that this comfort should soon be exchanged for that
pure and enduring bhss which had through life been the
object of her faith and prayers. In less than twelve months
after her removal to Westchester, she was seized with a
severe iUness, which in a few days terrauiated fataUy. Mr.
Jay, calm and collected, was watching by her side when
she expfred. Imraeffiately on perceiving that the spfrit had
taken its flight, he led his chUdren, who were -with hira, mto
an adjoining room, and with a firm voice but gUstening eye,
read to them the fifteenth chapter of First Corinthians ; thus
leaffing ffiefr ffioughts to that day when ffie hfeless but

LIFE OF JOHX JAT. 431
beloved form they had jost left would rise to giory and
immortality. The unexpected breach made in the little circle at Bed
ford was painMlr aggravated by the subsevioent long, hot
unaTttdaUe, separaticm of most of the cluldren firom thefr
surviving parent. For several years after. Mr. Jay had
laxehrmorethanoneof his family wiffi him at a time. Bat
his trials were home wiffi patient submission to Him by
whom they were seat, and were not permitted to inlexmpt
the performance of anv of his accustomed duties. » '
- * - *^
The ibilowing extracts fr>3m his corresptMidence iiboat
this time ffirow light upon his character.
~ My time passes as agreeably as (all circamstances con-
sdered) I coold reasonably expect : so that I am not only
contented, but ffiankful for my s:rj.auon  I ought to
have -written to you long ag<.\ but a series of occurrences
have for two years lef; me but httie leisure for epistolary
correspondence. I allude to Mrs. Jays long and painftd
iUness, and (when she appeared to be fast reco-verin^ her
unexpected deaffi : the -sicissinides ia my o-wn heahh ; the
removal of mv &mily to ffiis place, and the many things to
be done for thefr acctHnmodation : the gradual indisrio sition
rfmy sjml -who is no^r on the ocean, goincr to Italy to avoid
the winter here, &c. These are afflicting cfrcumstances ;
but considerji^ where and yxbat we are. troubles of one
kind or other are to be expected, and to be bome -wiffi pa-
ti»ice and resigiatioD. My expectations fr»3m retirement
have not l»e«i disappointed : and had Mrs. Jay omtinued
-nfrfa me, I should deem this ffie most agreeaWe part of my
life, Tlie post, once a week, brings me our newspapers,
which finnish a history of the times. By this history, as
wdl as by tbose (rf former times, we are tau^t the vanity
of expe:;ting. that frtMn the periectability of human nature
and the lights of philos'Dpjiy the multitude -will become -vfr-
tnous and wise, or thefr demagt^ues candid and htMiest''
 - Being retired friom the &dgues and restraints

432 LIFE OF JOHN JAT.
of public life, I enjoy wiffi real satisfaction ffie fireedom and
leisure which has at lengffi fallen to my lot. For a long
course of years, I had been looking forward wiffi desire to
the franquil retirement in which I now live, and my ex
pectations from it have not been disappointed. I flatter
myself ffiat this is ffie last inn at which I am to stop in my
journey through life How long I shaU be detained in it is
uncertain ; but I rejoice in ffie prospect and probability of
mgjl- being permitted to pass my remaining time in a situa
tion so agreeable to me.
-ti,»* Do not conclude from this ffiat I am wiffiout cares and
anxieties. Exclusive of tiiose which are more or less
comraon to all raen, I have an exceUent son, who has been
obUged by hectic coraplaints to relinquish business, and to
pass two winters abroad. I hope he wUl recover liis healffi ;
but until all doubts are reraoved sorae solicitude will
remain. The fruffi is, ffiat alffiough in numerous respects
I have abundant reason to be tiiankfid ; yet in offiers
I experience ffie necessity and value of patience and
resignation."  " As to myself, boffi gratitude and resignation
have sfrong claims to my attention. To find myself at this
period of ray life, and after so many years spent in afiafrs
which naturally caused solicitude, placed by Providence in
my present tranquU, corafortable situation, is particularly
grateful to ray feelings. Witiiin a year after ray removal
to this place, I lost my faithful and affectionate wife — I feel
her absence. I have five chUdren, and abundant reason to
be ffiankful for ffiem all. My eldest son has for several
years been sfruggling witii pulmonary coraplaints, and a
valuable son-in-law has long continued so much indisposed
ffiat his recovery is not certain. To you* it wUl be an ob
vious reflection, ffiat checkered scenes belong to a state of
probation ; and tiiat being here as birds on ffieir passage,
ffiis is not ffie proper place for us to buUd our nests."
* Mr. Wilberforce.

LIFE OE JOHN JAY. 433
" Accept ray thanks for j^our friendly letter of the 10th
inst., and for the papers you were so obliging as to send
me,- and which I assure you did not ' intrude on my retire
ment.' When I withdrew from public life, I carried with
me the sarae cordial attachment to the honour and welfare
of our country by which I had uniformly been actuated.
From early youth it was my desire and intention to live in
the country as soon as prudence ^nd propriety would per
mit me. I rejoiced when that period arrived, and having
since lived very much as I had long wished to live, my
retireraent has afforded me no reasons for regret.
" Knowing, both from history and experience, that men
and other creatures will generally act according to their
real characters, I have met with few disappointments in
thq.t respect. The esteera of the estimable is certainly of
great value, but the transient praise of the multitude, like
feathers blown on and off by the passing breeze, can weigh
but little. Popular fluctuations resemble those of the ocean,
and they both depend on wind and weather, and are too
natural and comraon to afford rauch raatter for surprise or
irritation. Republics are frequentiy to be pitied rather
than blaraed, when, mistaking demagogues for patriots, they
suffer frora the deraerit of tho'se they appoint to raanage the
public affairs.
" The proprieties attached to a situation like raine assign
certain Uraits to active interference in political concerns.
I attend every election, even for town officers, and, having
delivered my ballot, return home without having mingled in
the crowd or participated in their altercations. In this
town, however, elections cause but little dispute, the great
majority having been firm whigs during the war, and de
cided federalists since the new constitution.
 " As to what you have heard of ray being very
retired, it is^to a certain degree true. The fact is, that I live
very much as I have long wished to do. I have a pleasant
situation, and very good neighbours. I enjoy peace, and a
VOL. I.  K K K

434 LIFE OF JOHN JAY.
competency proportionate to my coraforts and moderate de
sires, -with such a residue of health as, while it constantly
whispers "memento mori" stUl permits me to see my friends
with cheerfulness and pleasure. The burden of time I have
not experienced. Attention to little iraproveraents, occa
sional visits, the history which ray recoUectibns furnish, and
frequent conversations with the ' raighty dead,' who, in a cer
tain sense, live in their works, together with the succession
of ordinary occurrences, preserve me frora ennui. They
who really endeavour to ' grow wiser and better as their
years wear away' feel little teraptation to perrait the fable
of the countryman and his ass to be applicable to them.
So much respect only is due to the dicturas of the day as
they raay be worth ; every thing beyond it is vox etprccteria
nihil. Party feuds give rae concern; but they seldom
obtrude upon rae."
Mr. Jay, finding on his reraoval to Bedford no Episcopal
church in the vicinity, constantiy attended the one belong
ing to the Presbyterians ; nor did he scruple to unite wiffi
his fellow-Christians of that persuasion in coraraemorating
the passion of their comraon Lord. His Catholicism, how
ever, did not diminish his attachraent to his own denoraina
tion. He was instruraental in erecting an Episcopal church
in Bedford, and was, during the rest of his life, a generous
benefactor to it, and, by his wiU, left a liberal annuity to its
pastor. His reluctance to hold any office led hira to decline
a seat in the vestry of this church, but his advice and aid
were frequentiy asked and cheerfuUy given. Sorae raat
ters of business requiring a communication to the vestry of
Trinity church, in the city of New-York, he was requested
to prepare it ; and he took the opportunity of addressing to
that powerful and influential corporation sorae reraarks
on topics which he regarded as deeply interesting to the
church at large. The draught was cordially approved and
adopted by the Bedford church. As this document exhibits
the writer's views on certain points which have divided tfie

LIFE OF JOHN JAY. 435
opinions of Episcopalians, and evinces ffie same inflexible
opposition to assumed auffiority in the church which he had
so iUustriously ffisplayed to usurpations in ffie State, we are
induced to give ffie foUowing extracts :
" Permit us now to request your attention to a subject of
more importance : it affects us all. You wiU recoUect
ffiaf 3Ir. Streebeck, in his letter respecting our call, men
tioned his expectation of being indvcted. according to ffie
forms of what is called ' ffie office of Induction.'
" At ffiat time we knew so bttie of ffiat paper as to be
unable to say any thing decided to bim about it : we after
ward procured and considered it To us it appeared to be
liable to objections so manifest and so insuperable, as ffiat
we never could consent to have a minister mducted into
our church in ffiat way.
" That office of induction ought not, in our opinion, to be
permitted to gUde sUendy into operation, and acqufre claims
to obeffience from successive instances of unguarded acqui
escence, ^^'heffier ffiat instrument is -wiffi or -wiffiout
precedent in ffie Christian church, or by whom or for what
purposes it was devised, are questions on which we make
no remarks. Amid ffie prayers and piety by which it is
decorated, are to be found unconstitutional assumptions of
power, accompanied wiffi a degree of parade and pageantry
which, however conducive to other objects, have no natural
connexion -wiffi ffie mere business of induction. We
beheve that episcopacy was of apostohc institution, but we
do not beheve in ffie various high church doctrines and
prerogatives which art and ambition, triumphing over cre
dulity- and weakness, have annexed to it
- By ffie office of induction, ffie bishop is to give afonnal
commission, under his episcopal seal and signature, to ffie
minister, whom ffie corporation had caUed and engaged to
be ffiefr rector ; giving and granting to him ffie bishop's

436 LIFE OP JOHN JAY.
license and authority to perform ffie office of a priest of
ffiat parish.
" We beUeve that every Episcopalian priest, ordained
according to tiie rules of our church, has, in virtue of tiiat
ordination, good right and authority to preach ffie gospel,
and perform divine service in any parish,; but -we admit
ffie propriety of being restrained by the bishop from calUng
and settimg any other ffian an Episcopalian minister so
ordained and of fair character. We ffierefore .ffiink it fit
ffiat the bishop's approbation on ffiose two points should
precede a caU. , We bfeUeve ffiat we have a right to con
tract -wiffi and employ any subh rainister to be our rector ;
and ffiat such contract is ffie only valid and proper cora
mission which lie can have to be our piarticular minister or
rector. " We beUeve ffiat botii -we and such minister have good
right to raake such a contract ; that when raade it is a civil
contract ; and ffiat ffie Convention have no auffiority tb
divest "eiffier priest or laymen of ffieir right to raake it.
" By the office of induction and ffie coramission directed
by it, ffie bishop does induct ffie minister into the parish,
and does ordain that he shall claim and enjoy all tiie accus
tomed temporalities appertaining to his cure.
" We. believe that ffie induction of a priest into a parish
is neither more nor les6 tiian giving him ffie key of ffie
church, and putting bim in possession of such houses, tene
ments, and lands, as, he is entitled, by his confract with ffie
corporation, to occupy and enjoy. This is a business which
can lavsrfuUy be done only by the proprietors, nor can we
perceive the least shadow of right in the bishop or in any
offier person to meddle with it.
" As ffie bishop has no titie to, nor care of, nor any busi
ness wiffi ffie temporalities of any church, we reject with
decision every order or ordinance of his respecting the
property of our corporation; we ffiink it highly improper
that he should ^.tterapt to meddle with our estate, or pre^

LITE OP JOHN JAY. 437
sume to order any person whatever to claim and enjoy all
or any part of it. As to the pretence that he does it be
cause they who serve at the altar should live of the things
of the altar ; or in other words, that we ought to maintain
our -minister, it is too frivolous to be even plausible. As
the Lord and Giver of all property had already raade an
ordinance on this subject, anoffier ordinance of the like
import by ffie bishop was, to say the least, unnecessary.
In this case his admonitions would be more proper than
his orders. Besides, the bishop must know, and does know,
that whatever relates to the support of the rainister, is
always settled and fixed by a contract between hira and
his congregation, before his induction as their rector. And
therefore it can neither be very necessary, nor very decor
ous, for the bishop to ordain that the minister shall claim
and enjoy, what the corporation had previously proraised
and engaged that he should have and enjoy.
" By the same instrument the bishop further ordains that
the said rainister shall claim and enjoy the said temporali
ties, not for any prescribed or limited time, hxxt until he
shall be separated frora the congregation by episcopal
authority. " In cases where the contract with the minister is clearly
expressed and well understood to be for a limited tirae, can
the bishop, with any appearance of probity or propriety,
ordain that the minister shall, after the expiration of that
tirae, StiU continue to claira and enjoy the temporalities
without a new contract ? Or is it the object and design of
tliis same, office of induction, to divest us of the important
right which we have by the laws of God and of our coun-
trv, to make civil and lawful contracts of limited duration
with any person for his services, whether priest or layman ?
We fear tills design is in operation, for we understand ffiat
every priest who shall raake such a contract is to be ex
cluded from a seat in the Convention.
" We for our parts are far from being prepared to admit

438 LIPE OP JOHN JAY,
the validity and power of any canon to divest us of this
right or to punish or disfranchise a priest for exercising it.
We know of nothing in the gospel which forbids sucb con
tracts. To insist that we shall take a priest for better or
for worse, and to keep and to pay hira whether he proves
worthy or unworthy, faithful or unfaithful, whether we like
him or whether we do not lUce hira, is really deraanding
raore than ought either to be deraanded or to be complied
with. It is said, that the bishop may afford relief It is
true that he raay ; but it is also true that he raay not.
" As to the bishop's being the arbiter and judge of ffis-
putes between a congregation and their rector, we observe,
that all such of their disputes as turn on questions of a civil
nature belong to the jurisdiction of the courts of law ; and
that no canon can either deprive those courts of that juris
diction, nor divest any freeraan of his right to have those
ffisputes deterrained by the laws and by a jury of the coun
try : and consequently, that no canon can or ought to con
stitute the bishop to be the arbiter or judge of thera. But
where the disputes turn on points of doctrine, we adrait the
fitness of their being decided by the bishop, so far as to
settle the dispute ; but not in all cases so far as to settle the
doctrine ; for there has been a time when, if the people had
continued to believe and adhere to aU the decisions and
doctrines of their bishops, we should not have heard of, nor
have been blessed with the reforraed Protestant religion.
" We cannot consider it as being altogether consistent
with decorura, that the office of induction should order the
senior warden, who is the first officer of the corporation,
to stand at an appointed place, on the day of induction,
during Divine service, holding the keys of the church in his
hand in open view, as a raere pageant. We cannot ap
prove of his being directed then to deliver the keys to the
new incurabent, ag a token that the parish did acknowledge
bun to be, what they had already raade hira to be, their
rector. We can as little approve of what the new incura-

LIPE OF JOHN JAY. 439
bent is thereupon to say to the senior warden, viz. ' I re
ceive these keys as pledges of the bishop's episcopal induc
tion, and of your recognition.'
" Recognition of what 1 That they, the churchwardens,
vestry, and congregation, are all ciphers in the business.
It is not easy to observe and examine these things without
feeling some degree of indignation. We cannot dismiss
the office of induction without expressing our disapproba
tion of introducing an opinion on a disputed point into one
of the prayers ffirected to be used on the day of induction ;
it is this :
" * O holy Jesus, who has purchased to thyself an uni
versal church, and has promised to be with the rainisters
of apostolic succession to the end of the world.'
" This is not the proraise literaUy, but the proraise para
phrased and expounded. The promise of our Saviour is,
' And lo, I am with you alway, even unto the end of the
world.' "As the apostles were aU to die in a few years, this
proraise could not be understood as liraited to thera per
sonally, but as extending to a certain description of per
sons ffiroughout all ages of the world. To what description
of persons does the promise extend ? is the question. To
this question, they who made the above paraphrase answer,
that it intends and extends to ' the ministers of apostolic
succession.' If it be asked, whether ffie ministers of the
Calvinistic and of certain other churches are of apostolic
succession, it is answered by all our bishops and clergy
that they are not. It foUows, therefore, of necessary con
sequence, that our bishops and clergy, and their congrega
tion, when they offer up their prayer to Almighty God,
must offer it with the raeaning and understanding that the
gracious proraise raentioned in it is confined to Episcopalian
ministers, and therefore excludes the ministers of all other
denominations of Christians.

440 LIFE OP JOHN JAY.
" Who is there among us that can be prepared to declare^
in solemn prayer,- and in such positive and ^nq.ualified
terms, that none but Episcopalian rainisters have any part
or lot in this important promise ? Who is there that can
be certain that the aposties, as to that promise, were not
considered as the representatives of all who. should become
sincere and pious converts to,- and believers in, the doctrines
which they were sent to publish and to teach? What
good reason can be assigned for our being called upon By
the office of induction to adopt thus solemnly in prayer a
doubtful exposition and construction of the promise ; for
doubtful it most certainly is, having from the reformation
to this, day been a subject of conti-o-versy and dispute be
tween the ablest and best Christian divines. Great, indeed,
must be the confidence and hardihood of ffiose advocates for
this construction of the promise who can, without hesita
tion, deny that our blessed Redeeraer was with those non-
episcopalian raini^ers and congregations amounting to
several hundred thousands, who for his sake endured all
the varieties and rigours of persecution. If the great Cap
tain of our Salvation was not with them, how and by
whora were they enabled to meet and sustain such trials so
firraly, to resist the adversary so resolutely, and to fight
the good fight of faith so triumphantiy ?
" It raay not be unworthy of remark, that as a prophecy
is'best understood from its completion, so the manner in
which a Divine promise is performed, affords the best ex
position of its true and original meaning.
" Lastly. Let it be remembered, and corporations should
recollect their charters, that in the year 1795 the Protestant
Episcopal church in this State did apply for and did obtain
an act of the Legislature of this State, passed the seven
teenth day of March in that year, which contains the fol
lowing clause.
'"And be it further enacted, that the churchwardens and

LIPE OP JOHN JAY. 441
vestry for the time being, shall be, and hereby are vested
with full power to call and induct a rector to the church,
when and so often as there shall be a vacancy therein.'
"We submit to your consideration whether measures
should not be taken to do away the office of induction ; and
if there must be such a thing introduced into the church,
that it may be such a one as will leave both clergy and
laity in quiet possession of their respective rights.
" It is with sincere regret and reluctance that we find
ourselves urged, by obvious considerations, to proceed to
remarks on another interesting topic, which cannot be
agreeable to many whose affections and good-will we are
sohcitous to cultivate by every becoming mark of respect.
We know how much the welfare of our infant church de
pends on their friendly disposition towards us, and it cer
tainly is as little our inclination as it is our interest to incur
their displeasure. But painful as it may be, we must raain
tain our right even at the risk of losing their good- will.
" For a considerable time past, we have observed a
variety of circurastances connected with church affairs
which, on being combined and compared one with the
other, justify inferences which, in our opinion, are exceed
ingly interesting, not only to the rights of the laity, but also
to our churches in general, and to yours in particular. We
allude to the gradual introduction and industrious propaga
tion of high church doctrines. Of late years, they have
frequently been seen lifting up their heads and appearing in
places where their presence was neither necessary nor ex
pected. There never wels a time when those doctrines
proraoted peace on earth or good-wUl araong raen, Origi
nating under the auspices and in the days of darkness and
despotisra, they patronsied darkness and despotism down
to the Reformation. Ever encroaching on the rights of
governments and people, they have constantly found it
convenient to incorporate, as far as possible, the claims of
ffie clergy with the principles and practice of religion ; and
VOL. I.  L L L

442 LIFE OP JOHN JAY.
their advocates have not ceased to preach for Christian
doctrines the commandments and devices of men.
" To you it cannot be necessary to observe, that high
church doctrines are not accommodated to the state of
society, nor to the tolerant principles, nor to the ardent
love of liberty which prevaU in our country. It is weU
known that our church was formed after the revolution
with an eye to what was then believed to be the truth and
simplicity of the gospel ; and there appears to be some rea
son to regret that the motive.'! which then governed have
since been less operative.
" We know that our obscure and unimportant corpora
tion can do but Uttle. Providence has placed you under
difierent circumstances. You have stronger induceraents
to watchfulness, more means to do good, and more power
to avert evil.
" Permit us to hope that the subjects of this letter wUl
engage your serious consideration. Whatever raay be the
result, we shall have the satisfaction of reflecting that we
have done our duty, in thus explicitiy protesting against
measures and proceedings which, if persevered in, must
and wiU, sooner or later, materially aflect the tranquiUity
and welfare of the church."
Some slight alterations have since been made in the office
of induction ; but it is to be regretted ffiat the objectionable
expressions and assumptions have been retained.
Mr. Jay continued for many years actively engaged in
the iraproveraents of his farm ; and conducted them with
that prudence and foresight which in more important mat
ters had marked his character. He disclaimed all intention
of converting his farm into what is usually terraed " a seat ;"
regarding expensive rural decorations as inconsistent with
ffie state of American society and fortunes, and too often
leading to the alienation of the estate itself His buUdings,
&c. were therefore constructed with simpUcity, and with

LIFE or JOHN JAY. 443
direct reference to the uses for which they were intended ;
but no cost was spared in procuring the best materials, and
in putting them together in the most durable manner. A
friend who had passed some days with him, noticing the
works in which he was engaged, and conversing much with
him on religious subjects, remarked on his departure that
Governor Jay, in all his conduct, seemed to have reference
to perpetuity in this world and eternity in the next. The
iraraediate cultivation ofthe farra he committed to an over
seer ; but all the improvements were conducted under his
own superintendence, and he took much pleasure in over
looking and directing his workmen.
When his health and the weather permitted, he spent
most of the day in the open air, and no small portion of it
on horseback. The state of his health rendered him indis
posed to go far from home ; but having a daughter settled
in Albany, and a son in New- York, he occasionally, although
rarely, visited those cities. Of the "mighty dead" with
whora, he says in one of his letters, he was in the habit of
conversing, Cicero seemed to be his favourite. For modern
literature he had little taste ; at least, whether from want
of time or inclination, he read few new books. The Scrip
tures were pre-eminently his study, and were the subjects
of his daUy and careful perusal.
In all his domestic habits he observed great exactness
and regularity. During the whole of his residence at Bed
ford, till near its close, he almost constantiy rose with or
before the sun at all seasons ; and when the weather per
mitted, was frequentiy on horseback before breakfast. He
required his meals to be served with great punctuality.
Every morning immediately before breakfast the family,
including the domestics, were summoned to prayers ; and
the call was repeated precisely at nine at night when he
read to them a chapter in the Bible, and concluded with
prayer. At ffie close ofthe evening devotions he retired to
rest, except when courtesy to his guests induced him to

444 LIFE OP JOHN JAY.
keep later hours ; but the presence of company neither
postponed nor suspended the family worship.
Being one day told that sorae of his friends had inquired
how it was possible for hira to occupy his raind at Bedford ;
he replied, with a smile, " I have a long life to look back
upon, and an eternity to look forward to."
In the course of a few years, circurastances perraitted
him to enjoy more of the society of his children, and his
faraUy circle was gradually enlarged by the addition of his
children's children.
The war, declared in 1812 by the United States against
Great Britain, although it did not disturb his retireraent, led
him in a slight degree to mingle once more in the counsels of
his political friends.
A few days after the declaration of war, a gentleman in
New- York wrote to him : " The merchants are delighted
with the tenth article of your treaty, which prohibits
sequestration of debts in tirae of war. Great Britain is now,
by a singular change of circurastances, our debtor to the
amount of very many millions."
It was natural that federalists should wish to know what
course of conduct, under the existing circumstances of the
country, their old and respected leader would recoraraend
to them. A letter addressed to him for this purpose con
tained the following passage : — " I cannot conclude without
expressing a wish that you would favour me with a letter,
under such restrictions as you may think proper, and which
shall be punctually regarded. Be assured, my dear and
valued friend, your name does not cease to give weight to
opinion." To this he replied : " Bedford, 28th July, 1812.
" Dear Sir,
" I received on Saturday last your friendly letter of the
20th instant
" No event that is highly interesting to our country can

LIFE OF JOHN JAY. 445
be viewed with indifference by good citizens ; and there
are certain occasions when it is not only their right, but
also their duty, to express their sentiraents relative to public
raeasures. " As the war has been constitutionally declared, the people
are evidently bound to support it in the raanner which con
stitutional laws do or shall prescribe.
" In my opinion, the declaration of war was neither neces
sary, nor expedient, nor seasonable ; and I think ffiat they
who entertain this opinion do well in expressing it, both
individually and collectively, on this very singular and ira
portant occasion.
" As to town meetings on the subject, the expediency of
them depends rauch on the question, whether and how far
the inhabitants of the town concur or disagree in sentiment.
When convened, their proceedings and resolutions should
be decided and firm, and they should also be temperate and
decent. There are few ideas which cannot be decently
dressed. Harsh and violent expressions neither convince
nor persuade. A Spanish proverb says, ' We cannot catch
ffies with vinegar.'
" The irascible passions, when highly excited, are ffiffi-
cult to control, and sometiraes produce or lead to events
which are to be deprecated. Coramotions tending to a dis
solution of the Union, or to civil war, would be serious
evUs. A change of raeasures would result frora a change of
rulers, and public opinion is the proper raean of effecting it
" I do not hesitate to express these sentiments on proper
occasions ; but it would not be pleasant to be quoted in
newspapers, or hand-bUls, or public speeches.
" Thus, ray dear sir, I have coraphed with your request
very clearly and exphcitly. It would have given me plea
sure to have done this in conversation, and to have talked
over with you raany other raatters, boffi old and new.
" I ara, ray good friend,
" Yours, sincerely and affectionately,
"John Jay."

446 LIFE OF JOHN JAY.
The constitutional principles here advanced wUl be
generally admitted, but most readers will probably view
the opinion expressed of the war itself in accordance witii
tiieir own pre\-ious sentiments. To attempt a defence of
this opinion would be to enter into the wide and rugged
field of party controversy. Suffice it to remark, that as
ffie treaty of peace failed to secure to tiie United States any
one of the professed objects for wliich they had appealed
to arms, it affords, at least strong presumptive evidence
that the -^Aar was "neither necessary, nor expedient, nor
seasonable." Early in August, Sir. Jay met a few of his friends at
Morrisania, to consult on the measures proper to be pursued
at the present juncture. It was determined that a public
meeting should be held in the city of New-York, for the
purpose of disapproving of the war, and for recommending
the election of delegates from the several counties to a State
convention, by which the sense of the peace party might
be collected and expressed. A convention of delegates
frora the several States was also contemplated. The pro
posed meeting in New-York -was accordingly held, and
soon after, in pursuance of the plan agreed on, a peace
meeting was held in Westchester county.
"to JOHN JAY.
" Morrisania, Ilth September, 1812.
" My DEAR Friend,
" You will have learned that on my nomination you was
chosen one of the delegates from Westchester county. If
you should attend the first day, you would, I doubt not he
chosen president ; but I think this would not suit you ;
neither would it coincide with my project, which is that
you should be one of the delegates to the general conven
tion. Tell me frankly your view of the subject, and who
is in your opinion most suitable for ffie president. You

LIPE OF JOHN JAY. 447
know that a raan raised to that point will not willingly
afterward fall into the ranks. " Yours, truly,
" GouvERNEUR Morris.
'' P. S, King is to go from Queens county."
" TO GOUVERNEtIR MORRIS. "Bedford, 21st Sept., 1812.
" Dear Morris,
"I received on the 19th your letter of the Ilth instant
The diminution of ray health since I left you, leaves rae
very little reason to expect a return of such a degree of it
as would enable rae to attend to any business like ffiat in
question. To undertake a task without a prospect and
probability of perforraing it properly, is to deviate from the
path of prudence.
" Your revolutionary services, the general confidence in
your abilities and views, your standing in society and expe
rience in aflairs, your having much to preserve or to lose,
are considerations which inspire trust and create influence.
" In ray opinion, the president of every county, state, or
national convention should be a person fitted to receive
and employ authority consistent with the laws and consti
tution. This idea, if placed in certain lights, may excite
perplexing apprehensions, and therefore should be discreetiy
used. Let us have efficient leaders, and place thera where
they will appear to be so.
" Although the place of president of the proposed con
vention raight not be agreeable to you or to Mr. King, yet
it is desirable that you or he consent to accept it. Impor
tant matters may be raatured in a coraraittee of the whole
House. " The convention should extend ffieir views to what raay
be, as well as what is. Prudence looks all around — before as
W6ll as behind. Measures to favour system and organization

448 LIFE OP JOHN JAY.
should be adopted. Moderation, but no tiraidity, — wisdom,
but no cunning, should mark their proceedings. When the
business of the session is finished, they should adjourn, not
dissolve, and let the president be authorized to convene
them if in his judgment an occasion to render it expedient
shaiuld occur. Provision should be made for a new con
vention after the expiration ofthe year, in case affairs should
then require a convention.
" It is possible that a convention of delegates from the
friends of peace in all the States, or a certain portion of
ffiera, raay become advisable. A regular correspondence
between the presidents of the State conventions should be
maintained, and the state of public opinion and feeling be
seasonably ascertained and attended to.
" The French will not relax their efforts to render our
nation subservient to their designs ; and their political and
pecuniary means will be industriously eraployed to effect it.
" Besides, there may perhaps be an occurrence of pecu
liar circumstances inviting the use of means raore palpable.
This raay or may not be. Any thing like civil war or op
pression is to be deprecated ; but it would be better to meet
it as not unexpected, than be taken by surprise, or submit
to be slaves or victims.
" They who sail in hurricane seasons and latitudes should
be prepared and vigilant.
"Present my compliments and best wishes to Mrs.
Morris. " Yours sincerely,
"John Jay."
A high poUtical exciteraent was at this tirae kindled in
Westchester county, and indeed throughout the State ; and
preparations were made by the opposing parties for a
vigorous contest at the ensuing election. Three members
were to be returned to the House of Assembly from West
chester. To one of the candidates nominated by the peace

LIFE OP JOHN JAY. 449
party, Mr. Jay and some others had strong objectibns, on
account of certain tergiversations of which he was aUeged
to have been guilty ; and they accordingly withheld their
support frora him and defeated his election, whUe ffie other
two candidates were returned. For this breach of party dis- .
cipline they were openly censured by their political friends.
Mr. Jay published, anonymously, a vindication of the
course pursued by himself, and ffiose who acted with him.
The lofty and independent sentiraents advanced in the con
clusion of this -vindication, are in perfect keeping wiffi the
character of the writer.
" We approve of ffie fcustoraary raode of norainating can
didates, and have linifoi'raly concurred in it ; that concur
rence certainly involved our tacit consent to be bound by
the nominations which should be so made. But it is equally
certain that such consent^ did, does, and ever wUl rest, on
the condition, trust, and confidence, that such nominations
only be raade as we could or can support, without trans
gressing ffie obligations we are Under to preserve our char
acters and our minds free frora humiliation and reproach.
We are, and wUl be, faithful to the peace party ; but we will
also be faithful to our sense and conviction of what is decent
and becoming for us to do.
"Adherence to party has its Uraits, and ffiey are pre
scribed and raarked by that Suprerae wisdom which has
united and associated true policy with rectitude, and honour,
and self-respect."
The remainder of Mr. Jay's life being entirely passed in
the bosom of his famUy, and in the peaceful and unostenta
tious discharge of ffie duties of religion and benevolence,
affords but few incidents for the biographer. Itwas during
this period that most of the great religious associations in
our country, formed upon the principle of co-operation,
without compromise, arose into being; and, they found in
Mr. Jay a warm friend and a liberal patron. In 1815 he
accepted the place of president of the Westchester County
VOL. I.  M M M

450 LIFE Of ijohn jay.
Bible Society, and in the ensuing year, on the organization
of the American Bible Society,, was appointed one of its
vice-presidents. He likewise became a <m6mber of the
Tract and Sunday-school societies, and of that forEducating
Pious Youth for the Ministry. ''
In 1813 Mr. Jay was summoned to the dying bed of his
brother Peter, to whom he had thr ugh life been tenderly
attached. This interesting man, having been deprived of
sight in his childhood, had passed' his life on the paternal
estate at Rye as a farmer. By the attentions of his parents,
and the practice adopted in his father's faraily of reading
aloud every evening, his raeraory becarae stored with rauch
and varied information ; and he was enabled to bear his part
in general conversation with ease and propriety. He cul
tivated his large farm with a degree of skUl and judgment
exceeded by few, if any, of his neighbours. The anecdotes
related of his ingenuity and independence are almost in
credible. He could traverse his whole farm without a
guide, was an excellent judge of horses and cattle, and rode
much on horseback ; he wafe dexterous in the use of tools,
and amused himself in making various utensils. When
-young, he was fond of swimming and fishing, and would
often climb the tallest trees in search of nuts.
He bore through life an unblemished character, and
exhibited in his death a degree of Christian composure and
confidence rarely enjoyed. In a letter written by his
brother a few days after his funeral, he observed :
" When I arrived at Rye, I found that the doctors had
little, or rather no -expectation of your uncle's recovery.
After executing, the day before, certain codicils to his will,
he said, ' Now I am ready.' On asking him the day after
my arrival how he did, he answered, ' I ara going fast-—
through the mercies of my Saviour, I shall receive ever
lasting life and happiness in less than two days.' With this
declaration, the whole of his conduct and conversation
corresponded exactly."

LIFE OP JOHN jay. 451
In 1818, Mr. Jay experienced a heavy domestic affliction.
One of his daughters, while on a visit in the city of New-
York, was seized with a severe Ulness, which ' shortly ter
minated her life. ¦ ^
"to the rev. SAMUEL F. JARVIS.
" Bedford, 4th May, 1818. _
"Rev. Sm,
'"Accept my thanks for your obliging letter of the 28th
ult. The motives which prompted, and the sentiments
which are expressed in it, make correspondent impressions
on my mind. ' - ¦ , '
"' The removal of my excellent daughter from, the house
of her earthly, to the house of her Heavenly Father, leaves
rae nothing to regret or laraent on her account. Her ab
sence is, nevertheless, a privation which I feel very sensi
bly, both on ray own account and that of her. affectionate
brothers and sisters. I hope we shall be favoured with
grace to derive -^ consolation from, the reflection that her
departure was ordered- by infinite wisdom and goodness,
and that this teraporary separation wUl terrainate in a per
petual reunion.
"• With the best wishes for your happiness here and here
after, " I a.m, reverend sir,
"Your obliged and obedient servant,
"John Jay."
It was about this tirae that Mr. Jay received a visit frora
an old and estimable friend of the Quaker persuasion. The
impression made on the mind .of this gentleman by the
character of his host, may be gathered from the annexed
passage of an affectionate letter he addressed to him on his
return home. After speaking of the family at Bedford, he
added :
^' With respect to thyself, Ihad to behold and contemplate

452 LIFE OP JOHN JAY.
a character which appeared to rae so far redeemed from
the world, and the defilements of flesh and spirit as in a
good degree to resemble ffie piety of good old Simeon, who
is described by St Luke in the following emphatic language :
' And behold there was a man in Jerusalera whose narae
was Simeon, and ffie same was just and devout waiting
for the consolation of Israel, and the Holy Ghost was
upon him.'
" I thought whUe sitting by thee, and about to take ray
leave, I could -with propriety give ffiee the right hand of
fellowship, as one whose attamraents in the vitality of reli
gion entitied thee to pre-erainence."
In 1819 the country was agitated by -what was caUed
"the Missouri question," a discussion pehdmg in Congress
respecting the toleration of slavery in Missouri, a territory
about to be received into the Union, The foUowhig letter
on this subject was extensively circulated at the time m the
public journals, '¦' TO ELIAS BOUDINOT.
" Bedford, Westchester County, N. Y„ >
17th November, ISIfl, S
"Dear Sir,
" I have received the copy of a circular letter which, as
chairman of the coraraittee appointed by the late public
meeting at Trenton respecting slavery, you was pleased to
direct to me on the 5th instant.
" Little can be added to what has been said and written
on ffie subject of slavery, I concur in the opinion that it
ought not to be introduced nor permitted in any of ffie new
States ; and that it ought to be gradually diminished and
finally abolished in all of ffiem. ,
" To me the constitutional authority of the Congress to
prohibit the migration and iraportation of slaves into any
of the States, does not appear questionable. The first
article of the constitution specifies the legislative powers

LIPE OP JOHN JAY, 453
committed to ffie Congress, The ninth section of that
article has these words : —
" ' The migration or importation of such persons as any
of the now existing States shall think proper to admit, shall
not be prohibited by the Congress prior to the year 1808,
But a tax or duty maybe iraposed on such importations, not
exceeding ten doUars for each person,'
" I understand the sense and meaning of this clause to
be, ffiat ffie power of the Congress, alffiough corapetent to
prohibit such migration and importation, was not to be exer
cised with respect to the then existing States (and them
only) until the year 1808 ; but ffiat the Congress were at
liberty to make such , prohibition as to any new State,
which might, in the mean time, be established : and further,
that from and after that period, they were authorized to
make such prohibition, as to all ffie States, whether new
or old,
" It will, I presume, be adraitted, that slaves were the
persons intended. The word slaves was avoided, probably
on account of ffie existing toleration of slavery, and of its
discordancy with the principles of the revolution ; and
from a consciousness of its being repugnant to the following
positions in the Declaration of Independence, vi?, : —
" ' We hold these truths to be self-evident : — that all men
are created equal : that they are endowed by their Creator
with certain unalienable rights : that among them tire life,
liberty, and the pursuit of happiness.'
" As to my taking an active part in ' organizing a plan
of co-operation,' the state of ray health has long been such
as not to admit of it.
" Be pleased to assure the committee of ray best wishes
for their success, and permit rae to assure you of the esteem
and regard with which I ara,
" Dear sir,
" Your faithful and obedient servant,
"John Jay,"

454 LIFE OP JOHN JAY,
On the formation of the Araerican Bible Society, the
venerable Elias Boudinot was placed at its, head;. This
excellent raan died in 1821, and Mr,' Jay was selected by
ffie unanimous choice of the board of managers to fUl his
place, .
"to THE REV, S, S, WOODHULL, SECRETARY OF THE
AMERICAN BIBLE SOCIETY,
" Bedford, .7th December, 1821,
" Rev. Sir,
"I received by the last niaU'your obliging letter of the
17th instant, informing me that the board of raanagers-had
unanimously elected rae to succeed the late worthy presi
dent of ffie Araerican Bible Society. Those gentlertien
have thereby done me honour, and I thank thera for it
"The circurastances under which the British and Foreign
Bible Society arose and extended its benign influence to
distant countries, and the subsequent spontaneous formation
of numerous similar societies in other nations, are events so
singular and so little to have been expected, as to afford
reason to ascribe them to a more efficient cause than' any
of those from which mere human institutions usuaUy.
result. "They who regard these societies as deriving their
origin and success from the Author and Giver of the gos
pel, cannot forbear concluding it to be the duty of Christians
to proraote the purposes for which they have been estab
lished ; and that it is particularly incumbent on their officers
to be dUigeiit in the business committed to them.
" It has long and uniformly been my opinion, that no
person should accept of an office or place unless he be both
able and willing to do the duties of it. This principle op
poses my acceptance of the one in question. My healthhas
been declining for twelve years past ; my excursions from
home have long been liraited to short distances ; such are ray
raaladies that they often confine rae to the house, and at

LIPE OP JOHN JAY. 455
times to ray charaber : corabined with the necessary in
firmities of age, they aUow rae no prospect of convales
cence. " As president of the society, I should think I ought to be
conversant with their proceedings, and not only attend their
annual raeetings, but also, at least occasionally, partake in
the consultations and assist in the transactions ofthe board
of raanagers.
" WeTO I in capacity to do the duties of the office, I
should accept it without hesitation. I say without hesita
tion, because I should then as rauch doubt ray having a right
to decline, as Inow doubt ray having a right to accept it.
" Frora the preceding particulars relative to the state of
ray health, the gentlemen of the board wUl perceive that
my inability to serve thera is greater in degree than they
doubtless apprehended. Be pleased, sir, to assure thera of
my gratitude for the distinction with which they have'
honoured rae, and that opportunities of raanifesting it would
give me pleasure. " I am," reverend sir,
" Your obedient servaht,
" John Jay."
The board imraediately deputed two of their vice-presi
dents to proceed to Bedford, and to represent to Mr. Jay
that no other official services were expected from him, in
his present state of health, than an annual address ; and that
his acceptance of the office was regarded as important fo
the reputation, and consequently, to the usefulness of the
society. These representations, and the urgent solicitations
of the friends of the society, succeeded in drawing from hira
a reluctant consent As president of this great institution,
he discharged for several years, as far as he was able, the
duties of his station, by a prompt attention to official cor
respondence, and by his addresses to the society at their
anniversary raeetings. In 1828, his increasing infirmities

456 LIFE OF JOHN JAY.
rendered it improper for him any longer to retain the situa
tion, and he therefore resigned it, accompanying his resig
nation wiffi a liberal donation to ffie society.
The 4ffi of July, 1826, was observed ffiroughoiit the
United States wiffi more ffian ordinary porap and festivity,
as completing half a century since ffie declaration of inde
pendence. This occasion gave rise to the following cor
respondence :
PROM A COMMITTEE OP THE CORPORATION OP THE CITY
OF NEW-YORK TO JOHN JAY.
" New-York, June sisd, 1826.
"Sir,
" The corporation of this city have resolved to celebrate,
wiffi public demonstrations of respect and joy, ffie ensuing
anniversary of American Independence.
" The period of tirae which has elapsed since ffie decla
ration of independence, gives to the coraing anniversary a
peculiar solemnity and interest. To you, sir, this anniver
sary must return with feelings grateful to a patriot heart,
Engaged in the first scenes of the revolution, when the dis
proportion between the power of the moffier pountry and
the means of the ffien colonies raight have appalled even
bold, and daring mindsi — yet conscious of your country's
rights, and sensible of their importance to its happiness ^and
welfare, you and your compatriots fearlessly periled your
fortunes and your honours in the contest. By your ffrm-
ness and the wisdom of your counsels, yon eminentiy con
tributed to the glorious and happy issue which has placed
our country in a rank with the most favoured nation of ffie
earthj " Amid the festivities ofthe anniversary, while we reraera
ber yqur worth, your virtue, and your patriotisra, it will
add to our pleasures to reflect that you have been permitted
by Providence to witness the- fiftieth return of a day so
conspicuous in the annals of freedom, and also to find your

LIPE OP JOHN JAY. 457
beloved country happy as a people, and prosperous as a
nation. " While we present to you in behalf of our citizens their
congratulations on the return of this anniversary, we beg
leave to assure you that your presence at the intended
celebration would afford us the highest gratification. And
to this we respectfully invite you.
" In behalf of the corporation of the city of New- York,
we are with great consideration, " Your obedient servants."

" TO THE COMMITTEE OP TIIE CORPORATION OF THE CITY OP
NEW-YORK. " Bedford, June 29th, 1826.
" Gentlemen,
" I have received your letter of the 22d inst., inforraing
me that the corporation of the city of New- York had
resolved to celebrate, with public demonstrations of respect
and joy, ffie ensuing anniversary of American Independence,
and inviting rae, on behalf of the corporation, to unite with
them in ffieir congratulations on the return of this day.
"I feel very grateful for the honour done me by this
invitation, and request the favour of you to assure the
corporation of my gratitude for it, and my regret that the
state of my healffi renders me unable to comply with their
kind wishes.
" I cannot forbear to embrace the opportunity afforded
by tiie present occasion, to express my earnest hope that
the peace, happiness, and prosperity enjoyed by our beloved
country, may induce those who direct her national councUs
to recommend a general and public return of praise and
ffianksgiving to Him fi-om whose goodness these blessings
descend. " The most effectual raeans of securing the continuance
of our civil and religious liberties is, always to reraember
VOL. I.^N- N N

458 LIFE OF JOHN JAY.
with reverence and gratitude the source from which they
flow. " I beg you to accept ray thanks for the obhging manner
in which you have been pleased to allude to my public life.
" I have the honour, gentlemen, to be
" With great respect
" Your obedient servant,
"John Jay."
The above was one of the last letters written by Mr. Jay,
and forms an appropriate conclusion of his public corre
spondence. In 1827 he was seized with a severe and dangerous Ul
ness, and at a certain stage of his disorder, his physicians
pronounced his recovery hopeless. The author believing
it proper that the patient should be apprized of his danger,
assumed the painful duty of comraunicating it to hira.
The information was received without the slightest percep
tible emotion. Always reserved in the expression of his
religious feelings, he raade no reraarks on his situation ; but
throughout the day his spirits appeared to be unusuaUy
raised, and he conversed with cheerfulness and animation
on ordinary topics. He was urged by one of the family to
tell his children on what foundation he now rested his hopes,
and from what source he drew his consolations. " They
have the book," was his concise, but expressive reply.
The strength of his constitution, aided perhaps by the
serenity of his raind, triuraphed over his disease ; and he
was spared to his family and friends for about two years
longer. This period, ho-wever, was one of great debility,
and frequently of suffering. For many raonffis before his
death, he was unable to walk without assistance. During
the day, he passed rauch of his tirae in his own roora ; the
evenings were spent with his chUdren and guests, partiy in
conversation, and partiy in listening to books which were
read aloud by one of the family. Unable to attend church.

LIFE OP JOHN JAY. 459
he occasionally had the Lord's Supper administered to him
in his chamber; and in this soleran service he had the
satisfaction of being joined by all his chUdren who happened
to be with hira.
On the evening of the 14th May, 1829, he retired to bed
as well as usual, but in the course of the night was seized
with palsy. The disease affected his articulation, and
almost entirely deprived him of the power of conversing.
It was evident, however, frora the few sentences he suc
ceeded in uttering, that his raind was unimpaired by the
shock. Medical skill proved unavailing, and he lingered
tUl noon of Sunday, the 17ffi, when he expired in the
eighty-fourth year of his age.
His funeral, in obedience to the directions in his will, was
without ostentation. The corpse was taken to the parish
church, where an appropriate sermon was delivered by the
pastor, in the presence of a large audience, consisting of
gentlemen from various parts of the county, who attended
to pay this raark of respect to the deceased. On the con
clusion of the funeral services, the corpse was conveyed to
Rye, and interred in the family cemetery.
Mr. Jay had survived nearly aU who had ever been person
ally opposed to him in politics. His character had triumphed
over the calumnies by which it had been assailed ; his long
retirement had exempted him from all participation in the
conflicts and animosities of modern parties ; and when he
left the world, he probably left no one in it who harboured
an unkind feeling towards him. Hence, the intelligence of
his death called forth frora raen of all parties willing attes
tations of his worth. The public journals, however dis
cordant on other topics, united in doing justice to his
memory. The judges and the merabers of the bar of the
county court, put on raournlng for thirty days ; and the
Suprerae Court of the State, being in session when the
news of his deaffi was received, immediately adjourned, as
a mark of respect ; and by order of Congress, a bust of the

460 LIFE OP JOHN JAY.
first chief justice has since been executed, and placed in the
chamber of the Supreme Court of the United States.
The character of John Jay has been portrayed in the
preceding pages. Simple and uniform, it is perplexed by no
eccentricities or contradictions. His public and his private
life, his professions and his conduct, form one harmonious
whole. Endowed by his Creator with a vigorous mind,' a
sound judgment, and a pious heart he pursued right objects;
selected his means with an almost intuitive perception of
their fitness; and used them with a prudence that rarely
failed to ensure success. Formed by nature with that irri
tability of temper which is so often at once the attendant
and the bane of genius, he acquired a degree of equaniraity
seldom attained by any.
Although warra, constant, and disinterested in his friend
ships, he indulged no feelings of hostility towards those who
atterapted to injure hira ; and no act of his life is known that
indicated a desire for revenge. He was, however, free
from that weak confidence which too often makes well-
disposed men the dupes of artifice and raalice. Having
once had good cause to doubt a man's sincerity or integrity,
he never after trusted him. " Separate yourself from your
enemies," was the rule by which he regulated his conduct
towards those who wished him ill ; and in the whole course
of his life he never deserted a friend, or courted an enemy.
Experience had early taught hira to place no reliance on
raere professions of patriotism, as he had himself been
reproached with lukewarraness in the cause of Araerican
independence, by raen who in the hour of peril deserted
ffieir country, and sought the protection of its eneraies.
Nor had he any confidence to bestow upon those politicians
who affect to find in popular opinion the only standard of
right and wrong ; and he was accustoraed to say, that from
Absalom down there had never been an honest demagogue.
A sense of future accountability seeras to have been
always present to his raind ; and he esteeraed ffie sentence

LIFE OP JOHN JAY. 461
his fellow-men might pass upon him, when corapared with
the realities of ffie judgment-day, as the dust of the balance.
Yet no man was raore republican in his habits, nor raore
affable and condescending to others.
Few could claira a raore entire exemption from the sins
comprehended in " the lust of the eyes and the pride of
life." Although for raany years filling stations which neces
sarily brought hira into constant intercourse with the rich
and fashionable, his dress, furniture, and equipage were
always as plain and frugal as propriety would perrait. As
a republican, he thought it became him to set an exaraple of
plainness and siraplicity ; as a Christian, he acknowledged
the obligation to be " teraperate in all things ;" and as a
parent, he shrunk from impoverishing his children by a vain
and useless display, which, to use his own words, serves
only to please other people's eyes, while it too often excites
their envy. But his frugality had nothing in common with
parsiraony. " A wise man," he said, " has raoney in his
head, but not in his heart." He purchased nothing because
it was handsorae or fashionable ; but no expense was
spared that would promote the real comfort of hiraself or
family. His contributions to the ever-varying and recur
ring calls of religion and benevolence were cheerful and
generous. Although jealous of ecclesiastical encroachments, he felt
and raanifested the respect due to the clerical character ;
and was fond of proving frora the New Testaraent, that
the support of the clergy, instead of being a raatter of
choice, was a duty as obligatory upon Christians as the
observance of any coraraand in the decalogue. He re
joiced in the increase and prosperity of such of ffie various
religious denorainations as, in his opinion, held the great
and essential doctrines of Christianity, and invariably cora
phed with the numerous applications made to hira, to con
tribute to the expense of erecting their churches. All, he
said, depended on churches and school-houses.

468 LIFE OP JOHN JAY.
Age and infirraities, instead of blunting, seemed to
quicken his sensibility to the sufferings of others, and
various were his modes of administering to their relief It
was a favourite saying with him,' that ostentation and rapa
city go together ; his own conduct was a beautiful Ulustra
tion of the converse of the raaxira. His econoray seeraed
to be connected with an entire indifference to raoney, when
ever duty forbade its acquisition, or required its expendi
ture. Hence he rejected the many opportunities his official
influence afforded him after the war, of amassing a fortune
by trafficking in confiscated estates ; and while governor,
and president of the land office, he never purchased an
acre of the public lands. He was liberal in all his con
tracts, acting on the maxim that no hard bargain is a good
one. To his poor neighbours he often made loans without
interest, and when payment could not be exacted except
by distressing them, he forgave the debt, and to his bounty
were they frequently indebted for food, clothing, and medi
cal attendance.
A distinguishing trait in Mr. Jay's character was raod-
esty ; not an affectation of inferiority to others, or a distrust
of his own powers, but a total absence of all endeavour to
attract adrairation. He assuraed no importance, claimed
no deference, and boasted of no merit. Extraordinary as
it may seem, a stranger raight have resided with hira for
months together, without discovering from his conversation
that he had ever been employed in the service of his coun
try. Whenever the iraportant scenes in which he had been
engaged were alluded to, he changed the conversation as
quickly as politeness would permit. It was with difficulty
that even his own children could occasionally induce him
to converse on these interesting topics. Yet he cheerfully
took his part in general conversation, enlivening it with
anecdotes, and a wit which amused without wounding. He
was fond of conversing on religious subjects, and particu-

LIFE OF JOHN JAY. 463
larly on biblical criticisra. but it was ffie expression of
opinions, not of feelings, in which he indulged.
He had had fuU experience, of ffie pleasures and ffie pains
of pubUc life, and his advice to his sons was, never to accept
an office, except from a comiction of duty.
His patriotism, prorapted and guided by ffie precepts of
Christianity, ever refused to make the smaUest sacrifice of
truffi or justice to the cause of his country ; whUe for ffie
sarae object, it was always ready to surrender whatever
else was raost dear to him. Much as he loved his country,
he spurned ffie principle implied in ffie sentiment — " Our
country, right or wrong ;" and on all occasions, pubhc as
weU as private, inflexibly adhered to ffie maxim, ffiat
honest}- is ffie best pohcy.
iir. Jay's religion was fervent, but mild and unostenta
tious. Through life he continued a member of ffie
Episcopal church, and approved the doctrines and poUcy
maintained by that portion of ffie denomination which is ffis-
tinguished as ffie low church. WhUe his health permit
ted, he was regular in his attendance on public worship,
and was always a scrupulous, but not superstitious observer
of the Sabbath. On the whole, his life exhibits a rare but
interesting picture of ffie Christian patriot and statesman,
and justffies ffie universal reverence for his character so
eloquentiy described in an address dehvered soon after his
deaffi.* " A halo of veneration seemed to encircle him as one
belonging to anoffier world, though lingering among us.
When ffie tidings of his deaffi came to us, ffiey were re
ceived through ffie nation, not with sorrow or mourning,
but -wiffi soleran awe, UJte ffiat wiffi which we read ffie
mysterious passage of ancient Scripture, ' And Enoch
WALKED -WITH Gk)D, AND HE WAS NOT, FOR GoD TOOK HTM.' "
* By G. C. Terplanck, Esq.

APPENDIX.

[No, I.J
ADDRESS TO THE PEOPLE OF GREAT BRITAIN.
From the Delegates appointed by the several English Colonies
of New-Hampshire, Massachusetts Bay, Rhode Island
and Providence Plantations, Connecticut, New-York,
New-Jersey, Pennsylvania, the Lower Counties on the
Delaware, Maryland, Virginia, North Carolina, and
South Carolina, io consider their grievances in General
Congress, at Philadelphia; September 5th, 1774,
Friends aNd fellow-subjects,
When a nation, led to greatness by the hand of liberty,
and possessed of all the glory that heroism, munificence,
and humanity can bestow, descends to the ungrateful task
of forging chains for her friends and children; and instead
of giving support to freedom, turns advocate for slavery
and oppression, there is reason to suspect she has either
ceased to be virtuous, or been extremely negligent in the
appointment of her rulers.
In almost every age, in repeated conflicts, in long and
bloody wars, as well civil as foreign, against many and
powerful nations, against the open assaults of eneraies and
VOL. I. — o 0 o

466 LIFE OP JOHN JAY.
the more dangerous treachery of friends, have the inhabit
ants of yoCir ' island, your great and glorious ancestors,
maintained their mdependence, and transmitted the rights
of ijien and the blessings of liberty to you, their posterity.
Be not surprised, therefore, that we, who are descended
from the same common ancestors ; that we, whose fore
fathers participated in all the rights, the liberties, and the
constitution you So justly boast of, and who have carefuUy
conveyed the same fair inheritance to us,, guarantied by the
plighted faith of government, and the raost soleran cora-
pacts with British sovereigns, should refuse to surrender
thera to men who found their claims on no principles of
reason, and who prosecute them with a design that, by hav
ing our lives and property in their power, they may with
the greater facility enslave you.
The cause of America is no-w the object of universal
attention : it has at length beqome very serious. This un
happy country has not only been oppressed, but abused and
raisrepresented ; and the duty we owe to ourselves and
posterity, to your interest, and, the general welfare of the
British empire, leads us to address you on this very import
ant subject.
Know then, That we consider ourselves, and do insist
that we are and ought to be, as free as our fellow-subjects
in Britain, and that no power on earth has a right to take
our property from us without our consent.
That we claim all the benefits secured to the subject by
the English constitution, and particularly ffiat inestimable
one of trial by jury.
That we hold it essential to English liberty, that no man
be condemned unheard, or punished for supposed offences
without having an opportunity of making his defence.
That we think the Legislature of Great Britain is not
authorized by the constitution to establish a religion fraught
with sanguinary and impious tenets, or to erect an arbitrary
form of government in any quarter of the globe. These

appendix. 467
rights we, as well as you, deera sacred. And yet, sacred
as they are, they have, with raany others, been repeatedly
and. flagrantly violated.
Are not the proprietors of the soil of Great Britain lords
of their own property ? Can it be taken frora thera with
out their consent ? Will they yield it to the arbitrary dis
posal of any man, or number of men whatever? You
know they will not.
Why ffien are the proprietors of the soU of America less
lords of their property than you are of yours ? or why
should they submit it to the disposal of your parliament, or
any othei' parliament or council in the world, not of their
election ? Can the intervention of the sea that divides us
cause disparity in rights ? or can any reason be given why
English subjects, who live three thousand miles from the
royal palace, should enjoy less liberty than those who are
three hundred miles distant from it ?
Reason looks with indignation on such distinctions, and
freemen can never perceive their propriety. And yet
however chimerical and unjust such discriminations are, the
parhament assert, that they have a right to bind us in all
cases without exception, whether we consent or not ; that
they may take and use our property when and in what
manner they please; that we are pensioners on their
bounty for all that we possess ; and can hold 'it no longer
than they vouchsafe to permit. Such declarations we con
sider as heresies in English politics, and which can no more
operate to deprive us of our property, than ffie interdicts of
the pope can divest kings of sceptres, which the laws of
the land, and the voice of ffie people have placed in thefr
hands. At the conclusion of the late war — a war rendered
glorious by the abilities and integrity of a minister, to
whose efforts the British empire owes its safety and its
fame : at the conclusion of this war, which was succeeded
by an inglorious peace, forraed under the auspices of a

468 LIFE OP JOHN JAY.
rainister, of principles, and of a family unfriendly to the
Protestant cause, and inimical to liberty ; we say, at this
period, and under the influence of that raan, a plan, for
enslavmg your fellow-subjects in, America was concerted,
and has ever since been pertinaciously carrying into ex
ecution. Prior to this era, you were content with drawing from us
the wealth produced by our commerce. You restrained
our trade in every way that could conduce to your emolu
ment. You exercised unbounded sovereignty over ffie sea.
You named the ports ^nd nations to which alone our raer
chandise should be carried, and with whom "alone we
should trade ; and though some of these restrictions were
grievous, we nevertheless did not complain : we looked up
to you as to our parent state, to which we were bound by
the strongest ties ; and were happy in being instrumental
to your prosperity and grandeur.
We call upon you yourselves to witness our loyalty and
attachment to the common interest of the whole empire :
Did we not in the la,st war, add all the strength of this vast
continent to the force which repelled our comraon enemy ?
Did we not leave our native shores, and raeet disease and
death, to promote the success of British arms in foreign
climates ? Did you not thank us for our zeal, and even
reimburse us' large sums of money, which, you confessed,
we hail advanced beyond our proportion, and far beyond^
our abilities ? You did.
To what causes, then, are we to attribute the sudden
changes of treatment, and that system of slavery which
was prepared for us at the restoration of peace ?
Before we had recovered from the distresses which ever
attend war, an attempt was made to drain this country of
aU its money, by the oppressive stamp act! Paint glass,
and other commodhies which you would not perrait us to
purchase of other nations, were taxed ; nay, although no
wine is made in any country subject to the British state.

APPENDIX. , 469
you prohibited our procuring it of foreigners without pay
ing a tax, imposed by your parliament, on all we imported.
These and many other impositions were laid upon us raost
unjustly and unconstitutionally, for the express purpose of
raising a revenue. In order tD silence coraplaint, it was
indeed provided, that this revenue should be expended in
Araerica for its • protection and defence. These exactions,
however, can receive no justification from a pretended
necessity of protecting and defending us. They are lavishly
squandered on court favourites and ministerial dependants,
generally avowed enemies to America, and employing
themselves by partial representations to traduce and em
broil the colonies. For the necessary support of govern
ment here, we ever were and ever shall be ready to pro
vide. And whenever the exigences of the state may
require it, we shall, as we have heretofore done, cheerfully
contribute our full proportion of men and money. To
enforce this unconstitutional and unjust scheme of taxation,
every fence that the wisdom of our British ancestors had
carefuUy erected against arbitrary power has been violently
thrown down in America, and the inestimable right of trial
by jury taken away in cases that touch life and property.
It was ordained, that whenever offences should be com
mitted in the colonies against particular acts imposing
various duties and restrictions upon trade, the prosecutor
might bring his action for the penalties in the courts of
Admiralty : by which means the subject lost the advantage
of being tried by an honest uninfluenced jury of the
vicinage, and was subjected to the sad necessity of being
judged by a single man, a creature of the crown, and
according to the course of a law which exempts the prose
cutor from the trouble of proving his accusation, and
obliges the defendant either to evince his innocence, or to
suffer. To give this new judicatory the greater import
ance, and as if with de.sign to protect false accusers, it is
furffier provided, that ffie judge's certfficate of ffiere havmg

470 LIFE OF JOHN JAY.
been probable causes of seizure and prosecution, shall pro*-
tect the prosecutor from actions at common law for re
covery of damages.
By the course of our Jaw, offences committed in such of
the British dominions in which courts are established, and
justice duly and regularly administered, shall be there tried
by a jury of the vicinage. There, the offenders and wit
nesses are known, and the degree of credibility to be given
to their testimony can be ascertained.
In all these colonies, justice is regularly and impartially
administered ; and yet by the construction of some, and the
direction of other acts of parliament, offenders are to be
taken by force, together with all such persons as raay be
pointed out as witnesses, and carried to England, there to
be tried in a distant land, by a jury of strangers, and sub
ject to &.11 the disadvantages that result frora want of
friends, want of witnesses, and want of raoney.
When the design of raising a revenue from the duties
imposed on the importation of tea into America, had in a
great measure been rendered abortive by our ceasing to
import that commodity, a -scheme was concerted by the
ministry with the East India Company, and an act passed
enabling and encouraging them to transport and vend it in
the colonies. Aware of the danger of giving success to
this insidious manoeuvre, and pf permitting a precedent of
taxation thus to be established among us, various methods
were adopted to elude the stroke. The people of Boston,
then ruled by a governor, whom, as wellas his predecessor
Sir Francis Bernard, all America considers as her enemy,
were exceedingly embarrassed. The ships which had
arrived with the tea were by his management prevented
from returning. The duties would have been 'paid, the
cargoes landed and exposed to sale ; a governor's influence
would have procured and protected many, purchasers.
WhUe the town was suspended by deliberations on this
importanfsubject, ffie tea was destroyed. Even supposing

APPENDIX. 471
a trespass was ffiereby committed, and the proprietors of
ffie tea entitied to damages, the courts of law were open,
and judges appointed by the crown presided in them. The
East India Company, however, did not think proper to
commence any suits, nor did they even demand satisfac
tion either from individuals, or. from the community in
general. The ministry, it seems, officiously made the case
ffieir own, and tiie great council of the nation descended to
intermeddle with a dispute about private property. Divers
papers, letters, and other unauthenticated e.r parte evidence
were laid before them ; neither the persons who destroyed
the tea, nor the people of Boston, were called upon to
answer ffie complaint. The ministry, incensed by being
disappointed in a favom-ite scheme, were determined to
recur from the little arts of finesse, to open force and un
manly violence. The port of Boston was blocked up by a
fleet, and an army placed in the town. Their trade was
to be suspended, andthousands reduced to the necessity of
gaining subsistence from charity, till tiiey should submit to
pass under the yoke, and consent to become slaves, by con
fessing tiie omnipotence of parliament, and acquiescing in
whatever disposition they might think proper to raake of
tiieir lives and property.
Let justice and humanity cease to be the boast of your
nation ! Consult your history, examine your records of
former transactions, nay, turn to the annals of ffie many
arbitrai-j- states and kingdoms that surround you, and show
us a single instance of men being condemned to suffer for
imputed crimes, unheard, unquestioned, and -without even
the specious formality of a trial ; and that too by laws
made expressly for the purpose, and which had no existence
at the time of tiie fact committed. If it be difficult to
reconcile these proceedings to tiie genius and temper of
your laws and constitution, the task will become more
arduous, when we call upon our ministerial enemies to jus-
tifv, not only condemning men untried and by hearsay, but

47!} LIFE OF JOKN JAY.
involving ffie innocent in one common punishment wiffi ffio
guilty, and for ffie act of tiiirty or forty, to bring poverty^
disfress, and calamity on thirtj- ffiousand souls, and ffiose
not your enemies, but your friends, brethren, and fellow-
subjects. It would be sonie consolation to us if ffie catalogue of
American oppressions ended here. It gi^-es Us pain to be
reduced to tiie necessity of reminding you, tiiat under ffie
confidence reposed in tiie faiffi of government, pledged in
a royal charter from a British sovereign, ffie forefaffiers of
ffie present inhabitants of tiie Massachusetts Bay left ffieir
former habitations, and estabUshed tiiat great flourishing,
and loyal colony. Wiffiout incmring, or being charged
wiffi a forfeiture of ffieir rights, without being heard, wiffi
out being tried, wiffiout law. and wiffiout justice, by an act
of parhament ffieir charter is destroyed, tiieir liberties vio
lated, .ffiefr constitution and foi-m of government changed:
and all ffiis upon no better pretence, tiian because in one of
ffieir towns a trespass -was commilted on some merchan
dise, said to' belong to one of the companies, and because
the ministry were of opinion, tiiat such high political regu
lations were necessary to compel due suborffination and
obedience to ffieir mandates.
Nor are tiiese tiie- only capital grievances under wliich
we labour. We might teU of dissolute, weak, and %vicked
governors having been set over us ;of legislatures being
suspended for asserting ffie rights of British subjects ; of
needy and ignorant dependants on great men advanced to
ffie seats of justice, ahd to offier places of frust and import
ance ; of hard resti-ictioUs on commerce, and ti great variety
of lesser evils, the recollection of which- is almost lost
under the weight and pressure of greater and raore poignant
calamities. Now raark the progression of the rainisterial plan for
enslaving ns. Well aware ffiat such hardy attempts to
take our property from us, to deprive us of the valuable

APPENDIX. 473
right of trial by jury, to seize our persons and carry us for
trial to Great Britain, to blockade our ports, to destroy our
charters, and change our forras of governraent, would occa
sion, and had already occasioned, great discontent in the
colonies, which raight produce opposition to these measures ;
an act was passed to protect, indemnify, and screen from
punishment, such as might be guilty even of raurder, in
endeavouring to carry their oppressive edicts into execu
tion ; and by another act the dorainion of Canada is to be
so extended, raodelled, and governed, as that by being dis
united from us, detached from our interests by civil as well
as religious prejudices, that by their nurabers daily swelling
with CathoUc eraigrants frora Europe, and by their devotion
to an affininistration so friendly to their religion, they might
become formidable to us, and on occasion, be fit instruments
in the hands of power to reduce the ancient, free Protestant
colonies to the same state of slavery with themselves.
This was evidently the object of the act : and in this
view, being extremely dangerous to our liberty and quiet,
we cannot forbear complaining of it, as hostUe to British
America. Superadded to these considerations, we cannot
help deploring the unhappy condition to which it has
reduced the raany English settiers who, encouraged by the
royal proclamation, promising the enjoyment of all their
rights, have purchased estates in that country. They are
now the subjects of an arbitrary government, deprived of
trial by jury, and when imprisoned, cannot claim the benefit
of the habeas corpus act, that great bulwark and palladium
of English liberty. Nor can we suppress our astonishment
that a British parliament should ever consent to establish
in that country a religion that has deluged your island in
blood, and dispersed impiety, bigotry, persecution, raurder,
and rebellion, through every part of the world.
This being a state of facts, let us beseech you to con
sider to what end they lead. Adrait that the ministry, by
the powers of Britain, and the aid of our Roman Catholic
VOL. I,  P P P

474 LIFE OP JOHN JAY,
neighbours, should be able to carry the point of taxation,
and reduce us to a state of perfect humUiation ahd slavery :
such an enterprise would doubtless make sorae addition to
your national debt, which already presses down your Iffier-
ties, and fills you with pensioners and placeraen. We pre
surae, also, that your coramerce wUl somewhat be dimin
ished. However, suppose you should prove victorious, in
what condition will you then be ? what advantages or what
laurels will you reap frora such a conquest ? May not a
rainistry, with the sarae arraies enslave you? it raay be
said, you wUl cease to pay thera ; but reraeraber, the taxes
frora Araerica, the wealth, and we raay add the raen, and
particularly the Roraan Catholics of this vast continent,
will then be in the power of your eneraies : nor will you
have any reason to expect, that after raaking slaves of us,
raany among us should refuse to assist in reducing you to
the same abject state.
Do not treat this as chimerical. Know that in less than
half a century, the quit-rents reserved to the crown frora
the numberless grants of this vast continent, wiU pour large
streams of wealth into the royal coffers. And if to this
be added the power of taxing America at pleasure, the
crown wUl be rendered independent of you for supplies,
and will possess raore treasure than may be necessary to
purchase the remains of liberty in your island. In a word,
take care that you do not fall into the pit that is preparing
for us.
We believe there is yet much virtue, much justice, and
much public spirit in the English nation. To that justice
we now appeal. You have been told that we are seditious,
impatient of government, and desirous of independence.
Be assured that these are not facts, but calumnies. Permit
us to be as free as yourselves, and we shall ever esteera a
union with you to be our greatest glory, and our greatest
happiness ; we shaU ever be ready to contribute all in our
power to the welfare of the empire ; we shall consider

APPENDIX. 475
your enemies as our eneraies, and your interest as
our own.
But if you are deterrained that your rainisters shall wan
tonly sport with the rights of mankind : if neither the
voice of justice, the dictates of the law, the principles of
the constitution, or the suggestions of humanity, can restrain
your hands from shedding huraan blood in such an irapious
cause, we raust then tell you, that we will never submit to
be hewers of wood or drawers of water for any ministry
or nation in the world.
Place us in the same situation that we were at the close
of the last war, and our former harraony will be restored.
But lest the sarae supineness, and the sarae inattention to
our coramon interest, which you have for several years
shown, should continue, we think it prudent to anticipate
the consequences.
By the destruction of the trade of Boston, the ministry
have endeavoured to induce submission to their measures.
The like fate raay befall us all. We wUl endeavour, there
fore, to live without trade, and recur for subsistence to the
fortuity and bounty of our native soil, which affords us all
the necessaries, and sorae of the conveniences of life. We
have suspended our importation from Great Britain and
Ireland ; and in less than a year's time, unless our griev
ances should be redressed, shall discontinue our exports to
those kingdoms, and the West Indies.
It is with the utmost regret, however, that we find our
selves compelled, by the overruling principles of self-pre
servation, to adopt measures detrimental in their conse
quences to numbers of our fellow-subjects in Great Britain
and Ireland. But we hope that the magnanimity and
justice of the British nation will furnish a parliament of
such wisdom, independence, and public spirit, as raay save
the violated rights of the whole erapire from the devices of
wicked ministers and evU counseUors, whether in or out of
office ; and thereby restore that harmony, friendship, and

476 LIFE OP JOHN JAY.
fraternal affection, between aU the inhabitants of his ma
jesty's kingdoms and territories, so ardently wished for by
every true and honest American.

[No. IL]
CIRCULAR LETTER
prom congress to their constituents.
Friends and Fellow-citizens,
In governments raised on the generous principles of
equal liberty, where the rulers of the State are the servants
of the people, and not masters of those from whom they
derive authority ; it is their duty to inform their fellow-
citizens of the state of their affairs, and by evincing the pro
priety of public measures, lead them to unite the influence
of inclination to the force of legal obligation in rendering
thera successful. This duty ceases not, even in tiraes ofthe
most perfect peace, order, and tranquillity, when the safety
of the commonwealth is neither endangered by force or
seduction from abroad, or by faction, treachery, or mis
guided ambition from within. At this season, therefore, we
find ourselves in a particular manner irapressed with a
sense of it, and can no longer forbear calling your attention
to a subject rauch raisrepresented, and respecting which
dangerous, as well as erroneous opinions, have been held
and propagated : we raean your finances.
The ungrateful despotism and inordinate lust of domi.
nation which marked the unnatural designs of the British
king and his venal parliament to enslave the people of
America, reduced you to the necessity of either asserting
your rights by arms or ingloriously passing under the yoke.
You nobly preferred war. Armies were ffien to be raised,
paid, and supplied ; money became necessary for these pur
poses. Of your own there was but little ; and of no nation

APPENDIX. 477
in the world could you then borrow. The little that was
spread among you could be coUected only by taxes, and to
this end regular governments were essential ; of these you
were also destitute. So circumstanced, you had no other
resource but the natural value and wealth of your fertile
country. Bills were issued on the credit of this bank, and
ydur faith was pledged for their rederaption. After a con
siderable number ofthese had circulated, loans were solicited,
and offices for the purpose established. Thus a national
debt was unavoidably created, and the amount of it is as
follows :
BUls eraitted and circulating - - - - $159,948,880
Moneys borrowed before the 1st of March,
1778, the interest of which is payable in
France  7,545,196|J
Moneys borrowed since the 1st of March,
1778, the interest of which is payable here 26,188,909
Money due abroad, not exactiy known, the
balances not having been transraitted, sup
posed to be about - - - - - - 4,000,000
For your further satisfaction, we shall order a particular
account of the several eraissions, with the tiraes liraited for
their redemption, and also of the several loans, the interest
allowed on each, and the terras assigned for their payment,
to be prepared and published.
The taxes have as yet brought into the treasury no raore
than $3,027,560 ; so that all the raoneys supplied to Con
gress by the people of Araerica amount lo no more ffian
36,761,665 dollars and 67-90ths, that being the sum of the
loans and taxes received. Judge then of the necessity of
emissions, and learn from whora and frora whence that
necessity arose.
We are also to inforra you that on the first day of Sep
tember instant we resolved, " that we would on no account
whatever emit more bills of credit than to make the whole
amount of such bUls two hundred millions of dollars ;"
and as the sum emitted and in circulation araounted to

478 LIFE OP JOHN JAY.
169,948,880 doUars, and ffie sum of 40,051,120 doUars
reraained to complete the two hundred mUhon above men
tioned, we on ffie thfrd day of September instant furffier
resolved, " ffiat we would emit such part only of ffie said
sura of 40,051,120 dollars as should be absolutely necessary
for pubUc exigences before adequate supplies could otiier-
wise be obtained, reljting for such suppUes on ffie exertions
of ffie several States."
Exclusive of ffie great and ordinary expenses incident to
ffie war, ffie depreciation of tiie currency has so swelled ffie
prices of every necessary article, and of consequence made
such adffitions to ffie usual amount of expenffitm-es, tiiat
very considerable suppUes must be immediately provided
by loans and taxes ; and we unanhiiously declare it to be
essential to ffie welfare of tiiese States, ffiat the taxes
already called for be paid into tiie Continental freasury
by ffie time recommended for ffiat purpose. It is also
highly proper ffiat you should extend your views beyond
ffiat period, and prepare in seasonas well for bringing -s'our
respective quotas of ti-oops into ffie field early ffie next
campaign, as for providing ffie supplies necessary in tiie
course of it. We shall take care to apprize you from time
to time of ffie state of tiie treasury, and to recommend tiie
proper measures for supplying it. To keep your battalions
full, to encourage loans, and to assess your taxes with pru
dence, collect ffiem with firmness, and pay ffiem wiffi punc
tuality, is aU ffiat will be requisite on your part. Fm-ffier
ways and means of providing for the pubhc exigences are
now under consideration, and ^^•ill soon be laid before you.
Having ffius given you a short and plain state of vour
debt, and pointed out the necessity of punctuality in fur
nishing ffie supplies already required, we shall proceed to
make a few remarks on ffie depreciation of ffie currency,
to which we entreat your attention.
The depreciation of bills of credit is always eiffier natm-al,
or artificial, or boffi. The latter is our case. The raoraent
ffie sura in cfrculation exceeded what was necessary as a

APPENDIX. 479
medium in commerce, it began and continued to depreciate
in proportion as the amount of the surplus increased ; and
that proportion would hold good until the sum eraitted
should becorae so great as nearly to equal the value of the
capital or stock on the credit of which the bills were issued.
Supposing, therefore, that $30,000,000 was necessary for a
circulating medium, and that $160,000,000 had issued, ffie
natural depreciation is but little more than as 5 to 1 ; but
the actual depreciation exceeds that proportion, and that
excess is artificial. The natural depreciation is to be
removed only by lessening the quantity of money in cir
culation. It wUl regain its priraitive value whenever it
shall be reduced to the sura necessary for a raediura of
coraraerce. This is only to be effected by loans and taxes.
The artificial depreciation is a raore serious subject, and
raerits minute investigation. A distrust, however occa
sioned, entertained by the mass of the people, either in the
abUity or inclination of the United States to redeem their
bills, is the cause of it. Let us inquire how far reason will
justify a distrust in the ability of the United States.
The ability of the United States raust depend upon two
things : first, the success of the present revolution ; and
secondly, on the sufficiency of the natural wealth, value,
and resources of the country.
That the time has been when honest men might, without
being chargeable with timidity, have doubted the success
of the present revolution, we admit ; but that period is past.
The independence of America is now as fixed as fate, and
the petulant efforts of Britain to break it down are as vain
and fruitless as the raging of the waves which beat against
her cliffs. Let those who are still afflicted with these
doubts consider the character and conffition of our eneraies.
Let thera reraeraber that we are contending against a
kingdom crumbling into pieces ; a nation without public
virtue, and a people sold to and betrayed by their own
representatives ; against a prince governed by his passions,

480 LIFE OP JOHN JAY.
and a ministry without confidence or wisdora ; against
armies half paid and generals half trusted ; against a gov
ernment equal only to plans of plunder, conflagration, and
raurder — a government, by the raost irapious violations of
the rights of religion, justice, huraanity, and mankind, court
ing the vengeance of Heaven and revolting from ffie pro
tection of Providence. Against the fury of these eneraies
you made successful resistance, when single, alone, and
friendless, in the days of weakness and infancy, before your
hands had been taught to war or your fingers to fight.
And can there be any reason to apprehend that the Divine
Disposer of human events, after having separated us from
the house of bondage, and led us safe through a sea of blood
towards the land of liberty and promise, will leave the
work of our political redemption unfinished, and either
permit us to perish in a wilderness of difficulties, or suffer
us to be carried back in chains to that country of oppres
sion, from whose tyranny he hath mercifully delivered us
with a stretched-out arra ?
In close alliance with one of the most powerful nations
in Europe, which has generously raade our cause her own,
in amity with many others, and enjoying the good-will of
all, what danger have we to fear from Britain ? Instead of
acquiring accessions of territory by conquest, the limits of
her empire daily contract ; her fleets no longer rule the
ocean, nor are her armies invincible by land. How many
of her standards, wrested from the hands of her champions,
are among your trophies, and have graced the triumphs of
your troops ? And how great is the number of those who,
sent to bind you in fetters, have become your captives, and
received their hves at your hands ? In short, whoever
considers that these States are daily increasing in power ;
that their armies have become veteran ; that their govern
raents, founded in freedom, are estabUshed ; that their fer
tile country and their affectionate ally furnish them with
ample supplies ; that the Spanish monarch, well prepared

APPENDIX. 481
for war, with fleets and arraies ready for combat, and a
treasury overflowing with wealth, has entered the lists
against Britain; , that the other European nations, often
insulted by her pride, and alarmed at the strides of her am
bition, have left her to her fate ; that Ireland, -wearied with
her oppressions, is panting for liberty ; and even Scotiand
displeased and uneasy at her -edicts : whoever considers
these tilings, instead of doubting the issue of lihe war, wiU
rejoice in the glorious, the sure, and certain prospect of suc
cess. . Tbis point being established, the next question is,
whether the natural wealth, value, and resources of the
country wiU be. equal to the payment ofthe debt.
" Let us suppose, for the sake of, .argument, that at the
conclusion, of the war, the emissions should amount to
200,000,000 ; that, exclusive of supplies from taxes, which
will, not be inconsiderable, the loans should amount to
1.00,000,000, then- the whole national debt pf the United
States would be,300,000,000. There are at present 3,000,000
of inhabitants in the thirteen States; three hundred millions
of dollars, divided among three millions of people, would give
to each person one hundred dollars; and is there an individual'
in America unable, in the course of eighteen or twenty years,
to pay it again? Siippose the whole debt assessed, , as it
ought to be, on, the inhabitants in proportion to their
respective estates, what theft would be the share of the
poorer people ? Perhapps not ten dollars. Besides, as this
debt will not be payable immediately, but probably twenty
years aUotted for it, the number of uihabitants by that, time
in America wiU be far. more than double their present
amount. It is well known that the inhabitants of this country
increased almost in the ratio of compound- interest. By
natural, population they doubled every twenty years' ; and
how great may be the host of emigrants from other coun
tries, cannot be ascertained. We have the highest reason
to believe fhe number will be immense. Suppose that only
ten thousand shpuld arrive the first year after the war,
VOL. I.  Q Q a

482 LIFE OP JOHN JAY.
what -will those -ten thousand, with their faraUies, count in
twenty years time ? Probably double the number. , This
observation applies with proportionable force to the emi
grants of every successive year.- Thus,jrou see, great part
of your debt wiU be payable, not raerely by the present
number of inhabitants, but by, that number sweUed and
increased by the natural population of the present inhabit
ants, by raultitudes of eraigrants daUy arriving frora other
countries, and by the natural population of those successive
eraigrants, so that every person's share of the debt wUl be
constantly, diminishing, by others coraing to pay a propor
tion of it
These are advantages which none but young, countries
enjoy. The number of inhabitants in every country in
Europe remains nearly the same frora one century to
another. , No country wiU produce raore people than it can
sjibsist ; , and every country, if free and cultivated, will pro
duce as raany as it can maintain. /Hence we may forra'
some idea of the; future population of these States. Exten
sive wildernesses, noW scarcely known or explored, remain
yet to be cultivated, and vast lakes and rivers, whose waters
have for ages rolled in silence and Obscurity to the ocean,
are yet to hear the din of industry, become subservient to
commerce, and boast delightful viUas, gilded spires, and
spacious cities rising on their banks.
Thus much for the number of persons to pay the
debt The next point is their ability. They who inquire
how raany miUions of acres are contained, only in the set
tled part of North America,- and how much each acre- is
worth, will acquire very enlarged, and yeit very inadequate
ideas of the value of this country. But those who will carry
their inquiries further, and learn that we heretofore paid an
annual tax to Britain of three miUions sterling in the way
bf frade, and still grew rich; fhat our comraerce was tfien
confined to her ; that we were obliged to carry Our com
modities to her market, and consequently sell them at her

APPENors. 483
price ; that we tvere corapelled to purchase foreign cora-
modities at her stores, and on her terras, and were forbid to
establish any manufactories incompatible wiffi her views of
gain; that in fiiture the whole world wUl be open to us,
and we shall be at liberty to purchase from those who wUl
sell on the best terms, and to seU to those who will give
ffie best prices ; that as thte country increased in nuraber of
inhabitants and cultivation, the production of ffie earffi wUl
be proportionably increased, and the riches of ffie whole
proportionably greater: — whoever examines the force of
these, and similar observations, raust sraUe at the ignorance
of those who doubt ffie abUity of the United States to
redeera thefr biUs.
Let it also be reraerabered that paper money is the only
kind of money which cannot " make to itself -wings and fly
away." It remains with us, it wiU not forsake us, it is
always ready and at hand for the purpose of commerce or
taxes, and every industi-ious man can find it. On the con
trary, should Britain, like Ninevah (and for the same reason),
yet find mercy, and escape the storra ready to burst upon
her, she will find her national debt in a very different situa
tion. Her territory ffiminisbed, her j)eople wasted, her
comraerce ruined, her raonopohes gone, she must provide
for the discharge of her iraraense debt by taxes, to be paid
in specie, in gold or sUver, perhaps now buried in the raines
of Mexico or Peru, or still concealed in the brooks and
rivulets of Africa or Indostan.
Having shown that there is no reason to doubt ffie abihty
of the United States to pay their debt, let us next inqufre
wheffier as rauch can be said for their inchnation. Under
this head three things are to be attended to:
- 1st. Whether, and in what raanner, the faiffi ofthe United
States has been pledged for the rederaption of thefr bUls.
2d. Whether they have put theraselves in a political
capacity to redeera thera : and
3d. Whether, admitting ffie two former propositions,

484 LIFE OP, JOHN JAY.
there is any reason to apprehend a wanton violation of ffie
public faith.
1st. It must be evident to every man who reads the jour
nals -of Congress, or looks at the face of one of their bills,
that Congress have pledged the faith of their constituents
for the redemption of them. And it must be equally evident,
not only that- they had- authority to do so, but that their
constituents have actuallj' ratified their acts by receiving
their bills, passing laws establishing their currency, and
punishing .ffiose who counterfeit them. So that it may -with
truth be said that the people have pledged their faith forthe
redemption of them, not only collectively by their repre
sentatives, but individually.
2d. Whether the United States have put themselves in a
political capacity to redeem their bills, is a question which
calls for more full discussion.
Our enemies, as well foreign as domestic, have laboured
to raise doubts on this head. They argue ffiat the confed
eration of the States remains yet to be perfected ; that ffie
union may be dissolved, Congress be -abolished, and each
State. res'uraing its delegated powers, proceed in future to
hold and exercise all ffie rights of sovereignty appertaining
to an independent state. In such an event, say ffiey, ffie
continental bills of credit, created and supported by the
union, would die with it. This position being assuraed,
they next proceed to assert this event to be probable, and
in proof of it urge our divisions, our parties, our separate
interests, distinct raanners, former prejudices, and many
other argutaents equaUy plausible, and equally fallacious.
Examine this matter.
For every purpose essential to the defence of ffiese States
in the progress of the present war, and necessary to the
attainment of the objects of it, these States now are as fuUy,
legally, and absolutely confederated as- it is possible for
thera to be. Read ffie credentials of the different delegates
who composed the Congress in 1774, 1775, and part of

APPENDIX. 485
1776. You wUl find that they establish a union for the
express purpose of opposing the oppressions of Britain, and
obtaining redress of grievances. . On the 4th of July, 1776,
your representatives in Congress, perceiving that nothing
less than unconditional subraission would satisfy our ene
mies, did in ffie name of the people of the Thirteen United
Colonies, declare thera to be free and independent States ;
and " for the support of that declaration, with a firm reliance
on the protection of Divine Providence, did mutually pledge
to each other -their lives, their fortunes, and their sacred
HONOUR." Was ever- confederation more formal, raore
solemn, or explicit ? It has been expressly assented to, and
ratified by every State in the Union. Accordingly; for ffie
ffirect support of this declaration, that is, for the support of
the independence of these States, armies have been raised,
and bills of credit emitted, and loans made to pay and
supply th6m. The redemption, therefore, ofthese biUs, the
paym.ent of thesedebtsj and the settiement of the accounts
of the. several- States, for expenditures or services for the
comraon benefit, and in tfiis commc«i cause, are araong the
objects of this confederation ; and, consequently, while all
or any of itsx)bjects remain unattained, it cannot, so far as
it may respect such objects, be dissolved consistently with
the laws of God or man.
But-we are persuaded, and our enemies will find, that
our union is not to end here. They are niistaken when
they suppose us kept together only by a sense of present
danger. It is a fact, which they only will dispute, that the
people of these States were never so cordially united as at
this day. By having been obliged to mix with each offier,
forraer prejudices have worn off, and ffieir several manners
become blended. A sense of common permanent interest,
mutual affection (having been brethren in affliction), the ties
of consanguinity daUy extending, 'constant reciprocity of
good offices, simUarity in language, in governments, and
ffierefore in manners, the importance, weight, and splendour

486 LIFE OP JOHN JAY.
of ffie Union, aU .conspire in forming a strong chain pf coh'
nexion, -which must for ever bind us tdgether. The United
Provinces of the Netherlands, and the United Cantons of
Switzerland, became free, and' independent under circum
stances very like ours ; their independence has been long
established, and yet their confederacies continue in full
vigopr. What reason , can be assigned "why our Union
should be less lasting ? or why should the people of these
States be supposed less wise than the inhabitants of those ?
You are not uninformed that a plan for a perpetual confed
eration has been prepared, ind that twelve of the thirteen
States have already acceded to it. But fenough has been
said to show that for every purpose ofthe present war, and
all things incident to it,- there does at present exist a perfect
solemn confederation, and therefore, that, the States now
are, and always wUl be,1n political capacity to redeem, their
bills, pay theirdebts, and 'settle theirTaccounts. '
, 3d, Whether, admitting the' ability and political capacity.
ofthe United States to redeera their biUs, there is any rea
son to apprehend a wanton violation ofthe public faith?
, It is with great ijegret and reluctance that -we can pre
vaU upon ourselves , to take the least Jiotice of a question
which, involves in it a doubt so injurious to the honour and
dignity of Araerica.
The eneray, aware that ffie strength of Araerica lay in
the union of her citizens .and, the wisdora and integrity of
those to whom they committed the direction of their affairs,
have taken unwearied pains to disunite ^ and alarfn the
people, to, depreciate the abilities and virtue of their rulers,
and to impair the confidence reposed in them by their con
stituents. To this end, repea;ted atterapts have been fnade
to draw an absurd and fanciful line of distinction between
ffie Congress and the people, and to create an opinion and
a belief that their interests and views were different and
opposed. Hence the ridiculous tales, the invidious insinua
tions, and the whimsical suspicions that have been forged

APPENDIX. 487
and propagated by disguised emissaries and traitors in the
garb of patriots. , Hence has proceeded the notable dis
covery, that as the Congress made the raoney they also can
destroy it, and that it wiU exist no longer than they find it
convenient to permit it. It is not surprising that in a free
country, where the tongues and pens of such people are
and must be licensed, such political heresies should be incul
cated and , diffused ; but it is really astonishing that the
mind! of a single. virtuous citizen in Araerica should be influ
enced by them. It certainly cannot be necessary to remind
you, that your representatives here are chosen from among
yourselves ; that you are, or ought to be, acquainted with
their several characters ; that they are sent here to speak
your sentiments, and that it is constantly in your power to
remove such as do not. You surely are convinced that it
is no raore in their power to annihilate your raoney than
your independence, and that any act of theirs for eiffier of
those purposes would be null and void.
We should pay an UI compliment to the understanding
and honour of every true Atnerican, were we to adduce
raany arguments to show the ' baseness or bad policy of
violating our national faith, or omitting to pursue the mea
sures necessary to preserve it. A bankrupt, faithless
republic would be a novelty in the political world, and
appear araong reputable nations like a common prostitute
among chaste and respectable matrons. The pride of
America revolts from the idea ; her citizens know for what
purpose these emissions were raade, and have repeatedly
phghted their faith for the redemption of them ; they are to
b3 found in every man's possession, and every raan is inter
ested in their being redeemed ; they must therefore enter
tain a high opinion of American credulity who suppose ffie
people capable, of believing, on due reflection, that all
America will, against the faith, the honour, and the interest
of all Araerica, be eyer prevaUed upon to countenance,
support or permit so ruinous, so disgraceful a measure.

488 LIFE OP JOHN JAY.
We are convinced ffiat the efforts and arts of our enemies
wUl not be wanting to draw us into this humiliating and
contemptible situation. Impelled by malice and tiie sug
gestions of chagrin and disappointment at not being able to
bend our necks to tiieir yoke, they will endeavom- to force or
seduce us to commit this unpardonable sin, in order to sub
ject us to the punishment due to it, and that \ve may hence-r
forffi be a reproach and a byword among tiie nations.
Apprized of these consequences, knowing ffie value of na
tional character, and impressed with a due sense of ffie
irarautable laws of justice and honour, it is impossible tiiat
America should tiunk without horror of such an execrable
deed. If, then, neiffier our ability or inclination to ffischarge tiie
public debt is justly questionable, let our coriduct corre
spond with ffiis confidence, and let-US rescue our credit from
its present imputations. Had tiie attention of America to
this object been unremitted, had taxes been seasonably
imposed and collected, had proper loans been made, had
laws been passed and executed for punishing those who
maliciously endeavqured to injm-e the public credit,— had
ffiese and many other things equally necessary been done,
and had our currency, notwithstanding all tiiese eflbrts,
dechned to its present degree of depreciation, our case
would indeed have been deplorable. But as these exertions
have not been made, we may yet experience the good
effeqts which naturally result from them. Oiu- former neg
ligences, ffierefore, should now animate us with hope,, and
teach us not to. despair of removing, by vigilance and appli
cation,. the evils which supineness and inattention have pro
duced. It has been already observed, that in order to prevent .ffie
further natural depreciation of our bills, we have resolved
to stop ffie press, and to call upon you for supplies by loans
and taxes. You are in capacity to afford them, and are
bound by the strongest ties to do it. Leave us not, there-

APPENDIX. 489
fore, without supplies, nor let hi that flood of evUs which
would follow from such a neglect. It would be an event
most grateful to our enemies ; and, depend upon it they
-will redouble their artifices and industry to compass it.
Be, therefore, upon your guard, and examine well the policy
of every measure and the evidence of every report that
may be proposed or mentioned to you before you adopt the
one or beUeve the other. Recollect that it is the price' of
the liberty, the peace, and the safety of yourselves and pos
terity ffiat now is required ; that peace, liberty, and safety,
for the attainraent and security of which you have so often
and so solemnly declared your readiness to sacrifice your
lives and fortunes. The war, though dra-wing fast to a
successful issue, still rages. Disdain to leave the whole
business of your defence to your ally. Be mindful that the
brightest prospects raay be clouded, and that prudence bids
us be prepared for every event. Provide, therefore, for
continuing your armies in the field tUl victory and peace
shaU lead them home ; and avoid the reproach of permitting
the currency to depreciate in your hands when, by yielding
a part to taxes and loans, the whole raight have been appre
ciated and preserved. Huraanity as well as justice raakes
this deraand upon you. The complaints of ruined widows,
and the cries of fatherless children, whose whole support
has been placed in j'our hands and melted away, have
doubtiess reached you; take care that they ascend no
higher. Rouse, therefore ; strive who shall do most for his
country; rekindle that flame of patriotism which, at the
mention of disgrace and slavery, blazed throughout America
and aniraated all her citizens. Deterraine to finish the con
test as you began it, honestiy and gloriously. Let it never
be said, that America had no sooner becorae independent
than she became insolvent, or that her infant glories and
o-rowing fame were obscured and tarnished by broken con
tracts and violated faith, ra the very hour when all the na-
VOL. I.  R R K

490 LIFE OF JOHN JAY.
tions of the earth were admiring and almost adoring the
splendour of her rising.
By the unanimous consent of Congress.
John Jay, President.
Philadelphia, Sept. 13, 1779.

[No. III.]
BARBE DE MARBOIS TO COUNT DE VERGENNES.
Philadelphia, March 13th, 1782,
Sir,
South Carolina again enjoys the benefit of a legislative
body, after having been deprived of it for two years ; it
was summoned together towards the latter end of last Jan
uary, at Jacksonburg, only ten leagues distant from Charles
ton, where deliberations are carried on with as much tran
quUlity as if the State was in profound peace. Mr. Rutiedge,
who was the governor, opened the meeting with a speech
greatiy applauded, wherein he represents in their full extent
the important services rendered by the king to the United
States, expressing their just acknowledgment of the same.
This sentiment prevails much, sir ; the different States are
eager to declare it in their public acts, and the principal
merabers of government, and the writers employed by them
would forfeit their popularity, were they to admit any
equivocal marks respecting the alliance. General Greene
affirms, that in no one State is attachment to independence
carried to a higher pitch ; but that this affection is yet ex
ceeded by the hatred borne to England. The Assembly of
Carolina is going to make levies of men, and has imposed
pretty large sums ; as there is but little money in the coun
try, the taxes will be gathered in indigo, and what deficiency
may then be found, will be supplied by the sale of lands of

APPENDIX. 491
such CaroUnians as joined the enemy whUe they were in
possession of the country. South Carolina was the only
State that had not confiscated the property of the disaffected.
The step just taken puts her on a footing with the offier
States in the Union. The Assembly of this State has passed
a resolution, in consequence of which a purchase of land is
to be made of the value of two hundred and forty thousand
livres tournois, which Carolina makes a present to General
Greene as the saviour of that province.
Mr. Matthews, a delegate from Congress, lately arrived
in Carolina, has, it is said, been chosen governor in the room
of Mr. Rutledge : he has communicated to the persons of
raost influence in this State, the ultimatum of the raonth of'
* * last, who approved of the clauses in general, and par
ticularly that one which leaves the king master of the terms
ofthe treaty of peace, or truce, excepting independence, and
treaties of alliance. A delegate from South Carolina told
me that this ultimatum was equally well known by persons
of note in this State, and this had given entire satisfaction
there. It is the same with regard to several other States ;
and I believe I raay assure you, upon the testimony of sev
eral delegates, that this measure is approved by a great
majority ; but Mr. Samuel Adams is using all his endeav
ours to raise in the State of Alassachusetts a strong opposi
tion to peace, if the Eastern States are not thereby adraitted
to the fisheries, and particularly to that of Newfoundland.
Samuel Adams delights in trouble and difficulty, and prides
himself on forming an opposition against the government
whereof he is himself the president. His aims and intentions
are to render the minority of consequence, and at this very
moraent he is attacking the constitution of Massachusett?,
although it is in a great measure his own work ; but he had
disliked it since the people had shown their uniform attach
ment to it.
It may be expected that with this disposition no measure
can meet the approval of Mr. Samuel Adams ; and if the

492 LIFE OP JOHN JAY.
United States should agree relative to the fisheries, and
be certain of partaking therein, all his measures and intrigues
would be directed towards the conquest of Canada and
Nova Scotia ; but he could not have used a fitter engine
than the fisheries for stirring up the passions of the eastern
people. By renewing this question, which had lain dormant
during his two years absence frora Boston, he has raised
the expectation of the people of Massachusetts to an extra
ordinary pitch. The public prints hold forth the importance
of the fisheries ; the reigning toast in the east is. May ihe
United States ever maintain their right to the fisheries. It
has been often repeated in the deliberations of the general
court. No truce without the fisheries. However clear the
principle may be in this matter, it would be needless and
even dangerous to attempt informing the people through
the public papers ; but it appears to me possible to use
raeans for preventing the consequences of success to Mr. S.
Adams and his party, and I take the liberty of submitting
these to your discernment and indulgence: one of those
raeans would be for the king to cause it to be intiraated to
Congress or to the ministers, " his surprise that the New
foundland fisheries have been included in the additional
instructions ; that the United States set forth therein pre
tensions without paying regard to the king's rights, and
without considering the impossibility they are under of
making conquests, and keeping what belongs to Great
Britain." His raajesty might at the same time cause a promise to
be given to Congress, " of his assistance for procuring ad
mission to the other fisheries, and declaring, however, that
he would not be answerable for the success, and that he is
bound to nothing, as the treaty raakes no raention of that
article." This declaration being raade before ffie peace,
ffie hopes ofthe people, could not be supported, nor couldiit
one day be said, that we left thera in the dark on this point.
It were even to be wished that this declaration should be

APPENDIX. 493
made whUe New-York, Charleston, and Penobscot are in
the eneray's hands ; our allies will be less tractable ffian ever
upon ffiese points whenever they recover these iraportant
posts. There are sorae jufficious persons to whora one
raay speak of giving up the fisheries, and the  * of
ffie west for ffie sake of peace. But there are enthusiasts
who fly out at tliis idea, and ffieir nurabers cannot faU
increasing when, after the English are expelled frora this
continent, the burden of ffie war will scarcely be felt. It is
afready observable ffiat the advocates for peace are those
who Uve in the country. The inhabitants of towns whora
comraerce enriches, mechanics who receive there a higher
pay ffian before ffie war, and five or six times more than in
Europe, do not wish for it, but it is a happy circumstance
that this ffivision is nearly equal in the Congress and among
the States, since our influence can incline the beam either
for peace or war, whichever way we choose. Anoffier
raeans of preserving to France so important a branch of her
commerce and navigation, is ffiat proposed to you, sir, by
M  viz. the conquest of Cape Breton : it seems to me,
as it doe§ to that minister, the only sure raeans of containing
within bounds, when peace is made, those swarms of smug
glers who, wiffiout regard to treaties, will turn all thefr
activity, daring spirit, and means towards the fisheries,
whose undertakings Congress will not, perhaps, have the
power or ffie wUl to suppress. If it be apprehended that
ffie peace, which is to put an end to the present war, will
prove disagreeable to any of the United States, there ap
pears to me a certain raeffiod of guarding against ffie effects
of this discontent of preventing the declaration of some
States, and other resources which turbulent rainds raight
eraploy for availing ffiemselves of ffie present juncture.
This would be for his raajesty to cause a raemorial to be
dehvered to Congress, wherem should be stated the use
* Supposed- lands.

494 LIFE OP JOHN JAY.
made by his mmisters of the powers entrusted to thera by
ffiat assembly ; and the impediments which raay have stood
in the way of a fuller satisfaction on every point. This
step would certainly be pleasing to Congress ; and should
it become necessary to inform the people of this raeraorial,
it could easily be done ; ffiey would be flattered by it and
it might probably beget the voice and concurrence of the
pubhc. I submit these thoughts to you early ; and although
peace appears yet to be distant, sir, by reason of delays and
difficulties attending the coraraunication, that period will
be a crisis when the partisans of France and England wUl
openly appear, and when that power will employ every
means to diminish our influence and re-establish her own :
it is true, the independent party wUl always stand in great
want of our support, that the fears and jealousies which a
reraerabrance of the former government wUl always pro
duce, must operate as the safeguard to our alliance, and as
a security for the attachment ofthe Americans to us. But
it is best to be prepared for any ffiscontents, although it
should be but temporary. It is remarked by sorae, that as
England has offier fisheries besides Newfoundland, she raay
perhaps endeavour that the Araericans should partake in
that ofthe Great Bank, in order to conciliate their affection,
or procure tbem some compensation, or create a subject of
jealousy between them and us ; but it does not seem hkely
that she will act so contrary to her true interest, and were
she to do so, it will be for the better to have declared at an
early period to the Americans, that their pretension is not
founded, and that his majesty does not mean to support it.
I here enclose, sir, translations of the speech of the gov
ernor of South Carolina to the Assembly, and of their answer.
These interesting productions convey, in a forcible raanner,
the sentiraents of the inhabitants of that State, and appear
to me worth communicating to you.
I am, &c. Barbe de Marbois.

appendix. 495
[No. IV.],
ADDRESSES TO THE AMERICAN BIBLE SOCIETY.

At ihe Annual Meeting, May 9, 1822.
Our late worthy and munificent president having, since
the last anniversary of the society, been removed to a
better state, the board of managers were pleased to
elect rae to succeed hira : and that the state of ray health
raight cease to be an objection, they have also dispensed
with ray personal attendance. For the honour they have
done rae by both these raarks of attention, it gives rae
pleasure to express my sincere and grateful acknowledg
ments. With equal sincerity I assure the society, that
although restrained from active services by long continued
maladies, and the increasing infirmities of age, my attach
raent to this institution, and ray desire to proraote the
attainraent of its great and important objects, reraain un
diminished. Those great and important objects have, on former anni
versaries of this and similar societies, been so comprehen
sively and eloquently elucidated by gentlemen of signal
worth and talents, as that it would neither be a necessary
nor an easy task to give them additional illustration. So
interesting, however, are the various topics which bear a
relation to the purposes for which we have associated, that
it cannot be useless, nor, on these occasions, unseasonable,
to reiterate our attention to some of them.
There is reason to believe that the original, and ffie sub
sequent fallen state of man ; his promised rederaption frora
the latter,, and the institution of sacrifices having reference
to it were well known to raany of every antediluvian gen
eration. That these great truths were known to Noah,
appears from ffie Divine favour he experienced ; from his

496 LIFE OP JOHN JAY.
being a preacher of righteousness ; and frora the tirae, and
the description of the sacrifices which he offered. That he
carefully and correctly coramuni6ated this knowledge to
his children, is to be presuraed from his character and
longevity. After the astonishing catastrophe at Babel, men naturally
divided into different associations, according to their lan
guages ; and migrating into various regions, raultiplied into
distinct nations. Tradition, doubtless, stUl continued to
transrait these great truths from generation to generation ;
but the diminution of longevity, together with the defects
and casualties incident to tradition, gradually rendered it
less and less accurate. These important truths thus be
carae, in process of tirae, ffisfigured, obscure, and disre
garded. Custora and usage continued the practice of sacri
fices, but the design of their institution ceased to be re
raerabered. Men " sought out many inventions," and true
religion was supplanted by fables and idolatrous rites.
Their mythology raanifests the inability of mere human
reason, even when combined with the learning of Egypt,
and the philosophy of Greece and Rome, to acquire the
knowledge of our actual state and future destiny, and of
the conduct proper to be observed in relation to both.
By the merciful interposition of Providence, early pro
vision was made for preserving these great truths from
universal oblivion ; and for their being ultiraately diffused
throughout the world. They were communicated to
Abraham. He was also favoured with additional inforraa
tion relative to the expected rederaption, and with a proraise
that the Redeemer should be of his family. That faraUy
was thenceforth separated and distinguished frora others,
and on becoraing a nation, was placed under theocratic
government. To that faraily and nation, ffie Divine
oracles and revelations were comraitted ; and such of them
as Infinite Wisdom deemed proper for the future instruction
of every nation, were recorded and carefully preserved.

APPENDIX. 497

re-

By those revelations, the promise and expectation of
demption were from tirae to time renewed, and sundry dis
tinctive marks and characteristic circumstances of the
Redeemer predicted. The same merciful Providence has
also been pleased to cause every material event and occur
rence respecting our Redeemer, together with the gospel
he proclaimed, and the rairacles and predictions to which
it gave occasion, to be faithfully recorded and preserved
for the inforraation and benefit of all mankind.
All these records are set forth in the Bible which we are
distributing ; and from them it derives an incalculable de
gree of importance ; for as every man raust soon pass
through his short term of existence here, into a state and
life of endless duration, the knowledge necessary to enable
him tb prepare for such a change cannot be too highly
estimated. The gospel was no sooner published, than it proceeded
to triuraph over obstacles which its enemies thought insur
mountable, and numerous heathen nations rendered joyful
"obedience to the faith." Well-known events afterward
occurred, which impeded its progress, and even contracted
the limits of its sway. Why those events were permitted,
and why the conversion of the great residue of the GentUes
was postponed, has not been revealed to us. The Scrip
tures inforra us, that the coming in of the fulness of the
Gentiles will not be accomplished while Jerusalera shall
continue to be trodden down by them. As a distant future
period appears to have been aUotted for its accomplishment,
so a distant futur(^ season was doubtless assigned for its
effectual commencement. Alffiougji the time appointed
for the arrival of that season cannot be foreseen, yet we
have reason to presume that its approach, like the approach
of most other seasons, wUl be preceded and denoted by
appropriate and significant indications. As the conversion
of the Gentiles is doubtiess to be effected by the instru
mentality of Christian nations, so these will doubtless be
VOL. I  S S S

498 LIFE OP JOHN JAY.
previously prepared and qualified for that great work ; and
their labour in it be facilitated by the removal or mitigation
of obstructions and difficulties. The tendency which cer
tain recent events have to proraote both these purposes,
gives them the aspect of such indications.
Great and multifarious were the calamities inflicted on
the nations of Europe by their late extensive war ; a war
of longer duration, and in the course of which more blood
and tears were shed — more rapacity and desolation com
raitted — raore cruelty and perfidy exercised — and raore
national and individual distress experienced, than in any of
those which are recorded in modern history. During tho
continuance, and on the conclusion of such a war, it was
natural to expect ffiat the pressure of public and personal
dangers and necessities would have directed and limited
the thoughts, cares and efforts of rulers and people to their
existing exigences ; and to the raeans necessary to acquire
security, to repair waste, and terminate privations.
Yet, strange as it raay appear, desires, designs, and exer
tions of a very different kind, mingled with these urgent
temporal cares. The people of Great Britain formed, and
have nobly supported their memorable Bible Society.
Their example has been followed, not only by the people of
this country, but also by nations who had not yet obliterated
the vestiges of war and conflagration. At no forraer
period have the people of Europe and Araerica instituted
so raany associations for difliising and impressing the
knowledge and influence of the gospel, and for various
other charitable and generous purposes} as since the begin
ning of the present century. These associations compre
hend persons of every class ; and their exemplary zeal and
philanthropy continue to incite feelings and meditations
well calculated to prepare us all for the great work before
mentioned. We have also lived to see sorae of the obstruc
tions to it removed, and sorae of its difficulties raitigated.
Throughout tnany generations there have been professing

APPENDIX. 499
Christians, who, under the countenance and authority of
ffieir respective governments, treated the- heathen inhabit
ants of certain countries in Africa as articles of coramerce ;
taking and transporting multitudes of them, like beasts of
burden, to distant regions ; to be sold, and to toU and die in
slavery. During the continuance of such a traffic, with
what consistence, grace, or prospect of success, could such
Christians send missionaries to present the Bible, or preach
the Christian doctrines of brotherly kindness and charity to
the people of those countries ?
So far as respects Great Britain and the United States,
that obstacle has been removed ; and other Christian na
tions have partially followed their example. Although
sirailar circurastances expose sorae of thera to an opposition
like that which Great Britain experienced, it is to be hoped
that an overruling Providence will render it equally unsuc
cessful. I allude to the territorial and personal concerns
which prorapted the opposition with which the advocates
for the act of abolition had to contend. It wUl be recol
lected that raany influential individuals deeply interested in
the slave-trade, together with others who believed its con
tinuance to be indispensable to the prosperity of the British
West India Islands, raade strenuous opposition to its aboli
tion, even in the British parliaraent. Delays were caused
by it, but considerations of a higher class than those which
excited the opposition, finally prevailed, and the parliament
abolished that detestable trade. Well-merited honour was
thereby reflected on the Legislature ; and particularly on
that excellent and celebrated meraber of it, whose pious
zeal and unwearied perseverance were greatiy and con
spicuously instrumental to the reraoval of that obstacle.
Their example, doubtless, has weight with those other na
tions who are in a sirailar predicaraent, and must tend to
encourage thera to proceed and act in like raanner.
Although an immense heathen population in India was
under the dominion, control, and influence of a Christian

500 LIFE OP JOHN JAY.
nation, yet it was deemed better policy to leave them in
blindness than to risk incurring the inconveniences which
might result frora authorizing or encouraging attempts to
relieve thera frora it. This policy has at length raet with
the neglect it deserved. The gospel has been introduced
into India, under the auspices of the British governraent ;
and various means are co-operating to advance its pro
gress, and hasten the time when the King of saints will
emancipate that people from the domination of the prince
of darkness.
The languages of the heathen nations in general beihg
different from those of Christian nations, neither their Bibles
could be read, nor their missionaries be understood by the
former. To obviate and lessen these difficulties, numerous
individuals have been induced to learn those languages ;
and the Bible has already been translated into many of
them. Provision has been made for educating heathen
youth, and qualifying them for becoming missionaries.
Schools have also been established in heathen countries,
and are preparing the rising generation to receive and to
diffuse the light of the gospel.
The mere tendency of these events to promote the com
ing in of the Gentiles, affords presumptive evidence of their
being genuine indications of the approach of the season
assigned for it^or, in other words, that they are providen
tial. This evidence becomes more than presumptive,
when combined with that which the few following inquiries
and remarks bring into view.
Whence has it come to pass that Christian nations, who for
ages had regarded the welfare of heathens with indifference,
and whose intercourse with them had uniformly been regu
lated by the results of political, military, and comraercial
calculations, have recently felt such new and unprecedented
concern for the salvation of their souls, and have simul
taneously concurred in means and measures for that pur
pose? Whence has it come to pass that so many indi-

APPENDIX. 501
viduals, of every profession and occupation, who in the
ordinary course of huraan affairs confine their speculations,
resources, and energies to the acquisition of teraporal pros
perity for theraselves and faraUies, have becorae so ready
and solicitous to supply idolatrous strangers in reraote
regions with the means of obtaining eternal felicity ? Who
has " opened their hearts to attend" to such things ?
It wiU be acknowledged that worldly wisdora is little
conversant with the transcendent affairs of that kingdora
which is not of this world ; and has neither ability to cora-
prehend, nor inclination to further thera. To what ade
quate cause, therefore, can these extraordinary events be
attributed, but to the wisdom that cometh frora ahove ? If
so, these events authorize us to conclude, that the Redeeraer
is preparing to take possession of the great reraainder of
his heritage, and is inciting and instructing his servants to
act accordingly. The duties which this conclusion pro
clairas and inculcates, are too evident and well known to
require particular enumeration.
Not only Bible Societies, but also the various other socie
ties who in different ways are forwarding the great work
in question, have abundant reason to rejoice and be thankful
for the blessings which have prospered their endeavours.
We of this society in particular cannot fail to participate
largely in this gratitude and joy ; especially when we re
flect on the beneficent and successful exertions of our late
meritorious president to establish and support it — on the
number of our auxiliaries and merabers — on the continuance
and araount of their contributions — and on the fidelity and
prudence with which our affairs have been raanaged.
Let us therefore persevere steadfastly in distributing the
Scriptures far and near, and without note or comment.
We are assured that they " are profitable for doctrine, for
reproof, for correction, for instruction in righteousness."
They comprise the inestimable writings by which the in
spired aposties, who were commanded to preach the gospel

502 LIFE OP JOHN JAY.
to all people, have transraitted it, through many ages, down
to our days. The apostles were opposed in preaching the
gospel, but they nevertheless persisted. We are opposed
in dispensing the Scriptures which convey the knowledge of
it ; and let us follow their example. An erainent ancient
counsellor gave excellent advice to their adversaries ; and
his reasoning affords salutary admonition to our opponents.
That advice merits attention, and was concluded in the fol
lowing raeraorable words.
" Refrain frora these raen, and let them alone ; for if this
counsel or this work be of raen, it will corae to naught ; but
if it be of God, ye cannot overthrow it ; lest haply ye be
found even to fight against God."

At the Annual Meeting, May 8, 1823.
Gentlemen,
It gives me pleasure to observe that this anniversary, like
the preceding, brings with it tidings which give us occasion
for mutual gratulations, and for united thanksgivings to Him
whose blessings continue to prosper our proceedings.
These annual meetings naturally remind us of the pur
poses for which we have associated ; and lead us to reflec
tions highly interesting to those who consideK what and
where we are, a,nd what and where we are to be.
That all men, throughout all ages, have violated their
aUegiance to their great Sovereign, is a fact to which expe
rience and revelation bear ample and concurrent testiraony.
The Divine attributes forbid us to suppose, that the Alraighty
Sovereign of the universe will permit any province of His
erapire to reraain for ever in a state of revolt. On the
contrary, the sacred Scriptures assure us, that if shaU not
only be reduced to obedience, but also be so purified and
improved, as that righteousness and felicity shall dwell and
abide in it.

APPENDIX. 503
Had it not been the purpose of God, that His will should
be done on earth as it is done in heaven. He would not have
commanded us to pray for it. That command implies a
prediction and a promise that in due season if shall be
accomphshed. If therefore the wUl of God is to be done
on earffi as it is done in heaven, it raust undoubtedly be
known throughout the earth, before it can be done through
out the earffi ; and consequently. He who has decreed that
it shall be so done, will provide that it shall be so known.
Our Redeemer having directed that the gospel should be
preached throughout the world, it was preached accord
ingly ; and being witnessed from on high, " with signs and
wonders, and with divers miracles and gifts of the Holy
Ghost," it became preponderant, and triumphant, and efful
gent. But this state of exaltation, for reasons unknown to
us, was suffered to undergo a temporary depression. A
subsequent period arrived, when the pure doctrines of the
gospel were so alloyed by adraixtures, and obscured by
appendages, that its lustre gradually dirainished, and like
ffie fine gold raentioned by the prophet, it becarae dim.
Since the Reformation, artifice and error have been
losing their influence on ignorance and creduhty, and the
gospel has been resuming its purity. We now see Chris
tians, in different countries, and of different denominations,
spontaneously and cordially engaged in conveying the
Scriptures, and the knowledge of salvation, to the heathen
inhabitants of distant regions. So singular, impressive,
and efficient is the impulse which actuates them, that with
out the least prospect of earthly retribution, they cheerfully
submit to such pecuniary contributions, such appropriations
of- tirae and industry, and, in many instances, to such
hazards and privations, and such derelictions of personal
comfort and convenience, as are in direct opposition to the
propensities of human nature.
Can such extraordinary and unexampled undertakings
possibly belong to that class of enterprises, which we are

504 LIFE OF JOHN JAY.
at liberty to adopt or decline as we please ; enterprises
which no duty either commands or forbids ? This is more
than a raere speculative question ; and therefoi-e the evi
dence respecting the character and origin of these under
takings cannot be too carefully exarained, and raaturely
weighed ; especially as this evidence is accumulating, and
thereby acquiring additional claims to serious attention.
We observe a strange and general alteration in ffie feel
ings of Christians towards the heaffien ; and one still more
strange and unprecedented has taken place in their feelings
towards the Jews ; feelings very different from those which
for so many centuries have universally prevailed. Although,
as it were, sifted over all nations, yet, unlike the drops of
rain which blend .with the waters on which they fall, these
scattered exiles have constantly remained in a state of sepa
ration from the people araong whora they were dispersed ;
obstinately adhering to their peculiarities, and refusing to
coalesce with thera. By thus fulfilling ffie prophecies, every
Jew is a living witness to their truth.
The same prophecies declare, that a time will come when
all the twelve tribes shall be restored to their country, and
be a praise in the earth : but the precise time is not speci
fied. By declaring that " blindness in part hath happened
unto Israel, until the fulness of the Gentiles be come in,
and that Jerusalem shall be trodden down of the Gentiles
until the times of the Gentiles be fulfilled," they lead us to
conclude, that their blindness wUl not be sooner removed,
and therefore that their conversion is not to be sooner ex
pected. Individual Jews have, from time to time, been
relieved from their blindness, and become Christians ; and
there are expressions in the Scriptures, which favour the
prevailing opinion, that the conversion of a large portion,
and perhaps of the whole tribe of Judah, may precede that
of the other tribes. They are now experiencing less op
pression, less contempt, and more corapassion than formerly.
Their obduracy is softening, and their prejudices abating.

APPENDIX. 505
These changes have the appearance of incipient prepara
tives for their conversion.
Besides these recent changes in favour of the heathen
and the Jews, another has taken place in the disposition
and feelings of our people towards the raany savage nations
who still remain within our limits. The policy forraeriy
observed towards thera, together with our rapid population,
increased their necessities, but not our endeavours to alle
viate them. This indifference has latterly been yielding to
a general sympathy for their wretchedness, and to a desire
to ameliorate their condition. For this laudable purpose,
our government has wisely and virtuously adopted mea^
sures for their welfare ; and benevolent societies and pious
individuals are using means to introduce among them ffie
benefits of civilization and Christianity.
Nor are these the only events and changes which are
facilitating the distribution, and extending the knowledge of
the Scriptures. For a long course of years, many Euro.'
pean nations were induced to regard toleration as per
nicious, and to believe that the people had no right to think
and judge for themselves respecting religious tenets and
raodes of worship. Hence it was deeraed advisable to pro
hibit their reading the Bible, and to grant that privilege
only to persons of a certain description. Intolerance is
passing away, and in France, where it formerly prevaUed,
Bible Societies have been established by permission of
the government, and are proceeding prosperously,- under
fhe auspices of men high in rank, in character, and in
Station. From ffie nature, the tendency, and the results of these
recent and singular changes, events, and institutions ; from
their coincidence, and admirable adjustment as means for
raaking known the Holy Scriptures, and inculcating the
wUl of their Divine and raerciful Author, throughout the
world ; and from the de-vbtedness with which they are car
rying into operation, there is reason to conclude ffiat they
VOL. I. — t t t

506 LIFE op JOHN JAY.
have been produced by Him in whose hands are the hearts
of all men.
If so, we are engaged in His service ; and that consider
ation forbids us to permit our ardour or exertions to be
relaxed or discouraged by attempts to depreciate our mo
tives, to impede or discredit our proceedings, or to diminish
our temporal resources. The Scriptures represent Chris
tians as being engaged in a spfritual warfare, and, therefore,
both in their, associated and individual capacities, tbey are
tp expect and prepare for opposition. On the various
induceraents which prorapt this opposition, much might be
said ; though very littie, if any thing, that would be new.
The present occasion admits only of general and brief
remarks, and not of particular and protracted ffisquisitions.
Whatever may be the characters, the prejudices, the
-views, or the arts of our opponents, we have only to be
faithful to our Great Leader. They who march under the
banners of Emmanuel have God with, thera; and conse
quently have nothing to fear.

At the Annual Meeting, May 13th, 1824.
Gentlemen,
We have the satisfaction of again observing, that by the
blessing of Providence on the zeal of our feUow-citizens,
and on the fidelity, dUigence, and prudence wiffi wfiich our
affairs are conducted, they continue in a state of progressive
iraproveraent. The pleasure we derive frora it is not a
littie increased by the consideration, that vve are transmit
ting essential benefits to multitudes in various regions, and
that the value and important consequences ofthese benefits
extend and will endure beyond the limits of time. By so
doing, we render obedience to the comraandraent by which
He who " made of one blood all nations of raen," and estab
lished a fraternal relation between the individuals of ffie
human race, haffi raade it their duty to love and be kind to
one another.

appendix. 507
We know that a great proportion of mankind are igno
rant ofthe revealed wUl of God, and that they have strong
¦ claims to the syrapathy and compassion which we, who are
favoured with it, feel and are manifesting for thera. To the
most sagacious among the heathen it roust appear wonder^
ful and inexplicable that such a vicious, suffering being as
raan should have proceeded in such a condition frora the
hands of his Creator. Having obscure and confused ideas
of a future state, and unable to ascertain how far justice '
may yield to raercy or mercy to justice, they live and die
(as our heaffien ancestors ffid) involved in darkness and
perplexities. By conveying the Bible to people thus circumstanced we
certainly do them a most interesting act of kindness." We
thereby enable them to learn, that man was originally cre
ated and placed in a state of happiness, but, becoming diso
bedient, was subjected to the degradation and evils which
he and bis posterity have since experienced. The Bible
will also inform them, that our gracious Creator has pro
vided for us a Redeemer, in whom all the nations of the
earth should be blessed — that this Redeemer has miade
atoneraent " for the sins of the whole world," and thereby
reconciling the Divine justice with the Divine raercy, has
opened a way for our redemption and salvation ; and ffiat
ffiese inestimable benefits are of the free gift and grace of
God, not of our-^ deserving, nor in our power to deserve.
The Bible will also animate them with many explicit and
consoling assurances of the divine raercy to our fallen race,
and wiffi repeated invitations' to accept the offers of pardon
and reconciUation. The truth of these facts and the sin
cerity of these assurances being unquestionable, they can
not fail to promote the happiness of those by whom they
are gratefully received, and of those by whom they are
benevolently communicated.
We have also the satisfaction of observmg that the con
dition of the churcb continues to iraprove, When at cer
tain ^periods subsequent to ffie Reformation discordant

508 LIFE or JOHN jay.
opinions on ecclesiastical subjects began to prevaU, they
produced disputes and asperities which prompted those who
embraced the same pecuUar opinions to form theraselves
into distinct associations or sects. Those sects not only
permitted Christian fraternity with each other to be im
paired by coldness, reserve, and distrust, but also, on, the
•occurrence of certain occasions, proceeded to alternate and
culpable acts of oppression^ Even their endeavours to
increase the number of Christians were often too intimately
connected with a desire to increase the number of their
.adherents.; and hence they became more solicitous to
repress competition than to encourage reciprocal respect
and good-will.
These prejudices, however, have gradually been giving
way to more laudable feelings. By the progress of civili
zation and useful knowledge many individuals becarae
better qualified to distinguish truth frora error, and the dif
fusion of their reasonings araong the people, enabled them
to judge and to act with less risk of committing raistakes.
Since the rights of man and the just limits qf authority, in
church and state have been more generally and clearly
understood, the church has been less disturbed by that zeal
which " is not according to knowledge ;" and liberal senti
ments and tolerant principles are constantly enlarging the
sphere of their influence.
To the advantages which the church has derived from
the improved state of society, may be added those -yvhich
are resulting from the institution of Bible Societies. With
whatever degree of tenacity any of the sects raay adhere
to their respective peculiarities, they all concur in opinion
respecting the Bible, and the propriety of extensively dis
tributing it without , note or coraraent They therefore
readily becorae members of Bible societies, and in that capa
city freely co-operate. Their frequent meetings and con
sultations produce c^n intercourse which affords thera nu
merous opportunities of forming just estimates of one
anoffier, and qf perceiving that prepossessions are not

APPENDIX. 509
always well founded. This intercourse is rendered the
more efficient by the great and increasing number of cler
ical members from dissirailar denorainations. Convinced
by observation and experience that persons of great worth
and piety are attached to sects different from their own, the
duties of their vocation, and their respectable characters,
naturally incline thera to recommend and encourage Chris
tian friendliness.
It is well known, that both cathedrals and meeting-houses
have heretofore exhibited individuals who have been uni
versally and justly celebrated as real and useful Christians ;
and it is also well known, that at present not a few, under
similar circurastances and of sirailar characters, deserve the
like esteem and commendation. As real Christians are
made so by Him without whom we " can do nothing," it is
equally certain that He receives them into His famUy, and
ffiat in His famUy mutual love and uninterrupted concord
never cease to prevaU. There is no reason to believe or
suppose that this family will be divided into separate classes,
and that separate apartments in the mansions of bhss wiU
be allotted to them according to the different sects frora
which they had proceeded.
These truths and considerations direct our attention to
the new commandment of our Saviour, that his disciples
" do love one another :" although an anterior comraandraent
required, that " as we had opportunity," we should " do
good unto all raen ;" yet this new one raakes it our duty to
do so " especially to the household of faith." In the early
ages of the church, Christians were highly distinguished by
their obedience to it ; and it is to be regretted that the con
duct of too many of their successors has, in this respect
been less worthy of imitation.
Our days are becoming more and more favoured and
distinguished by new and unexpected accessions of strengffi
to the cause of Christianity. A zeal unknown to raany pre
ceding ages has recently pervaded alraost every Christian
counfry, and occasioned ffie estabhshment of institutions

510 LIFE OP JOHN JAY,
well calculated to diffuse the knowledge and impress the
precepts of the gospel both at home and abroad. The
number and diversity of these institutions, their concurrent
tendency to promote these purposes, and the raultitudes _
who are cordially giving them aid and support, are so extra
ordinary, and so little analogous to tbe dictates of human
propensities and passions, that no adequate cause can be
assigned for them but the goodness, wisdom, and will of
Him who made and governs the world.
We have reason to rejoice that such institutions have
been so greatly multiplied and cherished in the United
States ; especially as a kind Providence has blessed us, not
only with peace and plenty, but also with the full and secure
enjoyment of our civU and religious rights and privileges.
Let us, therefore, persevere in our endeavours to proraote
the operation of these institutions, and to accelerate the
attainment of their objects. Their unexampled rise, pro^
gress, and success in giving light to the heathen, and in ren
dering Christians more and more " obedient to the faith,"
apprize us that the -great Captain of our salvation is going
forth, " conquering and to conquer," and is directing and
employing ffiese means and measures for that importantpur-
pose. They, therefore, who enlist in His service, have the
highest encouragement to fulfil the duties assigned to their
respective stations ; for most certain it is, that those of His
followers who steadfastly and -vigorously contribute to the
furtherance and completion of His conquests, wUl also par
ticipate in the transcendent glories and blessings of His
triumph.

At the Annual Meeting, May 12, 1825.
Gentlemen,
You have the satisfaction of perceiving, from the report
of the board of raanagers, that the prosperous and promis
ing state of our affairs continues to evince ffie laudable

APPENDIX. 511
and beneficial raanner in which they have been constantly
conducted. We have to regret that the pleasing reflections and antici
pations suggested by these auspicious circumstances, are
mingled with the sorrow which the recent death of our late
worthy and beloved Vice-president has caused, and widely
diffused. Our feelings are the raore affected by it, as the
beneflts we have derived frora his raeritorious atnd inces
sant attention to all our concerns have constantly excited
both our admiration and our gratitude.
As the course of his life was uniformly under the direc
tion of true religion and genuine phUanthropy, it forbids us
to doubt of his being in a state of bhss, and associated wiffi
" the spirits of just raen raade perfect." Notwithstanding
this consoling consideration, his departure will not cease to
be laraented by this society, nor by those of his other fellow-
citizens on whom his patriotic services, his exemplary con
duct, and his disinterested benevolence, have made cor
respondent irapressions.
But the loss we have sustained by this afflicting event
should not divert our thoughts frora subjects which bear a
relation to the design of our institution, and consequently
to the purpose for which we annually asserable.
It may not therefore be unseasonable to reraark, that ffie
great objects of the Bible, and the distribiition of it, without
note or comment, suggest sundry considerations which have
claims to attention.
Christians know that raan is destined for two worlds —
the one of transient, and the other of perpetual duration ;
and that his welfare in both depends on his acceptance and
use of the raeans for obtaining it, which his merciful Creator
has for that purpose appointed and ordained. Of these
inestimable and unmerited blessings the greater proportion
of the human race are yet to be inforraed ; and, to that end,
we are comraunicating the same to ffiem exactly in that
state in which, by the direction and inspiration of their
Divine Author, they were specified and recorded in the

512 LIFE OP JOHN JAY.
Bible, which we are distributing without note or com
ment As these gracious dispensations provide for our consola
tion under the troubles incident to a state of probation in
this life, and for our perfect and endless felicity in the next,
no communications can be of higher or raore general interest.
Wherever these dispensations becorae known and ob
served, they not only prepare raen for a better world,, but
also diminish the number and pressure of those sufferings
which the corrupt propensities and vicious passions of raen
prorapt them to inflict on each other ; and which sufferings
are of greater frequency and amount than ffiose which
result from other causes.
Tirae and experience will decide whether the distribu
tion of the Bible, without note or coraraent, will have any,
and what effect, on the progress of the gospel. Hitherto
nothing unfavourable to this course of proceeding has
occurred ; and the expedience of it continues to derive a
strong arguraent frora its tendency to decrease the incon
veniences which usually attend the circulation of discordant
coraraents. Whenever any questionable opinions relative
to any Scripture doctrine raeet with zealous advocates, and
with zealous opponents, they seldom fail to excite the pas
sions as well as the mental exertions of the disputants.
Controversies like these are not always conducted with
moderation and delicacy, nor have they been uniformly con
sistent with candour and charity. On the contrary, the
ardour with which the parties contend for victory frequently
generates prejudices ; and insensibly renders thera more
anxious to reconcile the Scriptures to their j-easonings, than
their reasonings to the Scriptures. The doubts and per
plexities thereby disseminated are not favourable to those
whose faith is not yet steadfast, nor to those who frora tera
perament or imbecility are liable to such impressions.
These reraarks, however, are far frora being applicable
to those exceUent and instructive coraraents which have
been written by authors of erainent talent, piety, and pru-

APPENDIX. 513
dence ; and -which have been received with general and
well-raerited approbation.
It is to be regretted that coraraents of a very different
character and description have caused errors to gerrainate
artd take root in Christian countries. Some ofthese were fab
ricated by individuals, who, findmg that they could not carry
their favourite propensities and habits with them through the
" narrow way" prescribed by the gospel, endeavoured to
discredit Christianity by objections which exhibit stronger
marks of disingenuous, than of correct and candid reason
ing. By artfully and diligentiy encouraging defection from
Scripture, and frora Scripture doctrines, they gradually
introduced and spread that conterapt for both, which in the
last century was publicly displayed in impious acts of pro
faneness, and in dreadful deeds of ferocity. These atrocities
repressed the career of infidelity, and infidels thereupon
becarae less assuming, but not less adverse.
Even among professing Christians, and of distinct denom
inations, there are not a few- of distinguished attainments
and stations who have sedulously endeavoured so to inter
pret and paraphrase certain passages in the Bible, as to ren
der them congruous with peculiar opinions, and auxUiary to
particular purposes.
Certain other comraentators, doubtless from a sincere de
sire to increase Christian knowledge by luminous expo-
•tions of abstruse subjects, have attempted to penetrate into
the recesses of profound mysteries, and to dispel their ob
scurity by the light of reason. It seems they did not recol
lect thaf no man can explain what no man can understand.
Those mysteries were revealed to our faith, to be believed
on ffie credit of Divine testiraony; and were not addressed
to our raental abilities for explication. Numerous objects
which include mysteries daUy occur to our senses. We
are convinced of their existence and reality, but of the
means and processes by which they become what they are,
and operate as they do, we aU continue ignorant. Hence
VOL. I.  U U V

514 LIFE OP JOHN JAY.
it may rationally be concluded, that the mysteries of the
spiHtual world are still farther reraote from the limited
sphere of human. perspicacity.
Araong the biblical critics, there • are sorae who have
incautiously intermingled their learned and judicious inves-
tigafions with enigmatical subtleties and hypothetical specu
lations, which tend raore to engender doubts and disputes
than to produce real edification.
* Additional animadversions on this subject would be
superfluous : nor can it be necessary to examine, -whether
an indiscriminate circulation of coraraents would raerit or
raeet with general approbation. They who think it ad
visable that coraraents should accompany the Bible, doubt
less prefer and intend what in their opinion would be a
judicious, liraited, and exclusive selection of thera. It is
well known that, coraposed as this and other Bible societies
are, such a selection could not be formed by thera with
requisite unaniniity. They therefore wisely declined dis
turbing their union by atterapting it, and very prudently
concluded to distribute thfe Bible without any other cora
raents than those which result from the iUusfrations which
different parts of it afford to each, other. Of this no 'indi
viduals have reason to complain, especially as they are per
fectly at liberty to circulate their favourite authors as copi
ously and extensively as they desire or think proper.
, Our Redeemer comraanded his apostles to preach the
gospel to every creature : to that end if was, necessary
that they should be enabled to understand and to preach it
correctly, and to deraonstrate its Divine origin and institu
tion by incontestible proofs. The Old Testament, which
contained the promises and prophecies respecting the Mes-
¦ slab, was finished at a period antecedent to the coming of
our Saviour, and therefore afforded no information nor
proof of his advent and subsequent proceedings. To qualify
the apostles for their iftiportaiit task, they were blessed with
the direction and guidance of the Holy Spirit, and by him
were enabled to preach the gospel with concordant accu-

APPENDIX. 515
racy, and in divers languages : they were also endued with
power to prove the truth of their doctrine, and of their
authority to preach it, by wonderful and supernatural signs
and miracles.
A merciful Providence also provided that some of these
inspired ihen should commit to writing such accounts of the
gospel, and of their acts and proceedings in preaching it, as
would constitnte and estabhsh a standard whereby future
preachers and generations raight ascertain what they ought
to believe and to do ; and be thereby secured against the
danger of being misled by the mistakes and corruptions inci
dent to tradition. The Bible contains these writings, and
exhibits such a connected series of the Divine revelations
and dispensations respecting the present and future state of
mankind, and so araply attested by internal and external
evidence, that we have no reason to desire or expect that
furffier rairacles will be wrought to confirm the belief and
confidence which they invite and require.
On viewing the Bible in this light, it appears tiiat an ex
tensive and increasing distribution of it has a direct ten
dency to facilitate the progress of the gospel throughout the
world. That it will proceed, and in due time be accom
plished, ffiere can be no doubt ; let us therefore continue to
promote it with unabated zeal, andJn full assurance that the
omnipotent Author and Protector of the gospel will not
suffer his gracious purposes to be frustrated by the arts and
devices, eiffier of raalignant " principalities and powers," or
of " spiritual wickedness in high places."

[ No. V. ]
A PRAYER.*
Most merciful Father ! who desirest not the deaffi of a
sinner, but wiU have all raen to be saved and to corae to
* This prayer was found in Mr. Jay's handwriting, among his papers.

516 LIFE OP JOHN JAY.
the knowledge of the truth, give me grace so to draw nigh
unto thee as that thou wUt condescend to draw nigh unto
me ; and enable me to offer unto thee, through thy beloved
Son, supplications and thanksgivings acceptably.
I thank thee for my creation, and for causing rae to be
born in a time and land blessed with the light of thy holy
gospel. I thank thee for the exceUent parents thou didst
give me, and for prolonging their lives and affections for
me to a good old age. I thank thee for the education,
good examples, and counsels wherewith thou hast favoured
me; and for the competent provision thou ha,st always
made for rae as to the things of this world. I thank thee
for preserving rae through the dangers, troubles, and sick
nesses I have experienced — for thy long-continued patience
with rae, and for the raanifold blessings, spiritual and tem
poral, which thou hast vouchsafed unto me. I thank thee
for my children — for thy kind providence over ' ffiem — for
their doing and promising to do well — and for ffie coraforts
which through them I receive from thy goodness.
Above aU, I thank thee for thy raercy to our fallen race,
as declared in thy holy gospel by thy beloved Son, " who
gave hiraself a ransora for all." I thank thee for the gift of
thy Holy Spirit, and for thy goodness in encouraging us all
,to ask it. I thank thee for the hope of reraission of sins, of
regeneration, and bf life and happiness everlasting, through
the raerits and intercession of our Saviour. I thank thee
for having admitted me into the covenant of this grace and
raercy by baptisra ; for reminding me of its duties and privi
leges, and for the influences of thy Holy Spirit with which
thou hast favoured me.
Enable me, merciful Father I to understand thy holy gos-
pel aright, and to distinguish the doctrines thereof from
erroneous expositions of thera ; and bless me with that fear
of offending thee, which is the beginning of wisdom. Let
thy Holy Spirit purify and unite me to my Saviour for ever,
and enable me to cleave unto him as unto ray very life, as
indeed he is. Perfect and confirm my faith, my trust, and

APPFNors. 517
hope of salvation in bun and in liira only. Wean me from
undue and unseasonable attachments and attentions to ffie
things of this transitory world, and raise my ffioughts,
desires, and affections continually unto thee, and to ffie
blessings of ffie better and eternal world which is to suc
ceed tliis.
Protect me from becoming a prey to temptations to evU,
cause ffie new and spiritual life which of ffiy goodness ffiou
hast begun in me, to increase daUy in growth and strength,
by that spiritual bread which comeffi down from heaven,
even thy holy and beloved Son, who of ffiee is raade unto
us wisdora, and righteousness, and sanctification, and re
deraption : by whose precious blood atoneraent hath been
made for ffie sins of the world, and especially of penitent
beUevers. Estabhsh ray faiffi in ffiat great atoneraent, and
ray gratitude for it. And I ffiaiik thee for giving me grace
and opportunities to partake in thy holy coraraunion, insti
tuted ra reraerabrance of our Saviour, and of ffiat great
atoneraent. Prepare me to partake ffiereof again, more
worthily and more to the edification of ray soul.
Be pleased to impress my heart and mind wiffi a deep
and permanent sense and recollection of the manifold and
umiierited blessings and raercies, spiritual and teraporal,
which thi-oughout my life ffiou hast conferred upon me.
Give me grace to love and obey and be thankful unto ffiee,
wiffi all ray heart, with all my soul, with all my mind, and
¦with aU my strength ; and to worship and to serve ffiee in
huraffity, in spfrit, and ui truffi. Give rae grace also to love
my neighbour as myself, and -nisely and ffiligently to do
the duties incumbent upon rae according to tlw holy wUl,
and because it is ffij'- holy wUl, and not fi-ora worldly con
siderations. Be pleased also to impress my heart and mind wiffi a
deep emd unceasing sense and recollection of ffie evil of sin,
and of my ffisobedience and ingratitude to tiiee, my gracious
, and merciful Faffier, my constant and bountiful benefactor.
Give me grace, I humbly and earnestiy beseech thee, to

518 LIFE OF JOHN JAY.
repent of my sins with such repentance as thy gospel re
quires ; and to loathe, and forsake, and detest all sin for ever.
For the sake of our raerciful and corapassionate High-priest
and Intercessor, who directed repentance and remission of
sins to be preached to all sinners, be pleased to bless me
witli the reraission of my sins, and to let the light and the
consolations of thy pardoning and reconcUed countenance,
be and reraain upbn rae. , Let thy Holy Spirit lead and
keep me in the way in which I should walk, and enable me
to commit rayself entirely to thy kind and gracious provi
dence and protection as to all my spiritual and temporal
concerns ; so that my thoughts and desires, ray hopes and
fears, and ray words and actions, being constantly under
thy guidance, maybe conformable to thy holy will.
Be pleased to bless me and ray family, my friends and
enemies, and all for whora I ought to pray, in the manner
and raeasure which thou, and thou only, knowest to be best
for us. Create in us aU clean, and contrite, and thankful
hearts, and renew within us a right spirit.
I thank thee, the great Sovereign of the universe, for thy
long-continued goodijess to these counfries, notwithstanding
our ingratitude and disobedience to thee, onr raerciful de
liverer and benefactor. Give us grace to turn unto thee
with true repentance, and implore thy forgiveness. And
be pleased to forgive us ; and bless us with such portions
of prosperity as thou seest to be fit for us, and with rulers
who fear thee, and walk in the paths which our Saviour
hath set before us. Be pleased to bless all nations with tbe
knowledge of thy gospel, — and may thy holy wiU be done
on earth as it is done in heaven.
Condescend, raerciful Father I to grant as far as proper
these imperfect petitions, to accept these inadequate thanks
givings, and to pardon whatever of sin hath mingled in
them, for the sake of Jesus Christ, our blessed Lord and
Saviour ; unto whom, with thee, and the blessed Spirit, ever
one God, be rendered all honour and glory, now and for
ever.

APPENDIX. 519
My gracious Saviour 1 continue, I beseech thee, to look
down with compassion and mercy upon rae, and to inter
cede for rae.
Be pleased to deliver rae entirely frora the bondage of
sin, and to heal the raaladies of ray soul. Bless it with
tbat health, and rest, and peace which thou, and thou only
canst give. Bless it with wisdora and righteousness, with
sanctification and rederaption, that I raay be and reraain a
new creature.
Without thee we can do nothing ; condescend to abide
in rae, and enable me to abide in thee, as the branch in the
vine. Let thy Holy Spirit purify, and cause it to produce
fruit meet for repentance and araendraent of life.
Impress ray heart and raind with a constant sense and
recollection of the evU of sin, and of the degeneracy and
raiseries to which it has subjected our fallen race. Make
and keep me convinced and mindful of thine infinite and
unmerited goodness, in what thou hast done and suffered,
and art doing to save us from our sins, and from the pun
ishment and perdition they deserve ; and even to fit and
prepare us for everlasting life and happiness.
Give me grace to meditate with faith and gratitude on
thy kind redeeming love all the days of my life. When
thou shalt call me hence, be with rae in the hour of death,
and bless me with a full assurance of faith and hope, that I
may " fear no evU."

[No. VL]
EXTRACTS FROM THE WILL OF JOHN JAY.
" I, John Jay, of Bedford, in the county of Westchester,
and State of New- York, being sensible of the importance
and duty of so ordering my affairs as to be prepared for
death, do make and declare my last will and testament in
manner and forra following, viz : — Unto Him who is the

620 LIFE OF JOHN JAY.
auffior and giver of all^ood, I render sincere and humble
thaidis for his manifcJd and unmerited blessings, and espe
cially for our redemption and salvation by Ius beloved Son.
He has been pleased to bless me witii excellent pai'ents,
wiffi a virtuous wife, and witii worth}' cliildren. His pro
tection has accompanied me through many eventful years,
fEuthfuUy eraplo}-ed in the service of my country ; and his
providence has not only conducted me to tiiis tranquil situa
tion, but also given me abundant reason to be contented and
ffiankfid. Blessed be liis hoi}- name. ^\'hile my children
lament my depai-ture, let ffiem recollect tiiat in doing tiiem
good, I was only ffie agent of their Heavenly Fatiier, and
ffiat he never witiidraws his care and consolations from
ffiose who ffiligently seek him.
" I would have my funeral decent, but not ostentatious.
No scarfs — no rings. Instead ffiereof, I give two hundred
dollars to any one poor deserving widow or orphan of tiiis
town, whom my children shall select. * * *
" I appoint all my children, and ffie survivors or survi^•or
of tiiem, executors of this my last wUl and testament. I
wish that the disposition which I have ffierein raade of ray
property, may meet with their approbation, and the more
so, as their conduct relative to it has alwa}'s been perfectly
proper, reserved, and delicate. I cannot conclude tius
interesting act, without expressing the satisfaction I have
constantiy derived from their virtuous and amiable be
haviour. I tiiank them for having largely confributed to
my happiness by tiieir aflectionate attachment and attention
to me, and to each other. To the Almighty and Beneflcent
Father of us all, to his kind providence, guidance, and
blessing, I leave and commend them."

END OP VOL. I.

YALE UNIVERSITY t

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