John Jay Papers
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To John Jay from Egbert Benson, 23 June 1779

From Egbert Benson

[Poughkeepsie June 23d 1779]

Dear Sir

I have frequently of late determined to write to You and have been as often interrupted; indeed this disagreeable Business, in which I am engaged, tho’ it is not sufficient to furnish Me with constant Employment yet is of ^such^ a Nature as to leave Me scarce a Moment which I can call my own or in which I am free from Interruption.1 We were flattered that when our Government was established the Powers of the ordinary civil Magistrate would ^be^ adequate to preserving the Peace of the State; we have however been disappointed, and I am apprehensive Commissioners will be necessary, if not during the War at least while the Enemy possess any part of the State and as I can procure no Substitute it is more than probable that I shall be obliged to attend the Board—

Your Brother has doubtless given You a History of the last Sessions of the Legislature— I think upon the whole it was tolerably peacable and harmonious— The Confiscation Bill as it was the most important Matter occupied the most of our time, and after a safe passage thro’ both Houses to the Council of Revision and on it’s Return having the Assembly suffered Shipwreck in the Senate— The Bill was far from being unexceptionable, but considering the Diversity of Sentiment in the Members upon the Subject, I am doubtful if We ever obtain any whether it will be more perfect, and therefore wish the last had passed, and as We hereafter perceived it’s Defects amended— The Loss of it has occasioned some Clamor and Uneasiness2

Congress have at length taken up the Vermont Business; their Proceedings however are not pleasing to some of our Friends; I beleive they expected more and are rather disappointed— If my Opinion is of any Importance I must candidly own I approve of the Measure of Your Embassy, as I would not only wish to take from the Inhabitants of Vermont every Pretext for Complaint, but We really stand ^in need^ of Information ourselves with respect to the Claims of these People and the State of the Country— You may recollect the Difficulties that flowed from this Source in our Deliberations last fall— The Information We shall receive from Your Committee will certainly be the best, for I trust they are Men of Integrity and Discernment and will doubtless have a free Communication with ^the^ principal Characters in Vermont— I scarcely supposed myself authorized to exercise any Judgment respecting the Propriety of this Proceedure unless it had been flagrantly wrong— You are on the Spot and have the various Views and Tempers of the Members and I have the fullest Confidence that You and Your Colleagues will do the best You can—3

Great Changes throughout the State for Representatives at the last Election, whether for the better or the worse is not yet determined— If I am rightly informed at least two thirds of the Members of the next House will be new and it is said that only two of the old Members are elected in Albany County, Messrs: Whiting & Gordon.4 This is by no means unexpected to Me; such a Love of Money or Ease and Retirement and such a Loathing of public Business has prevailed of late among our Men of Substance and Importance that I should not have been surprized at greater Changes; and I hope the People will always possess a Spirit not to elect as their Representative any Person who appears insensible of the Honor and does not accept the Office with Chearfulness and Alacrity— One would imagine this Revolution had purified our Manners, We are become so wonderfully disinterested disdaining to make an Interest or accept an Office—. I can distinguish between mean Sollicitations, and a Conduct discovering that You wish to be appointed to public Employments only because You wish to serve Your Country and that You conceive this Service Your highest Honor— If all our Freinds would make this Distinction and pursue this Conduct our Legislature would be more respectable than I fear it otherwise will— There was a considerable Opposition made to Me in this County but without Success— It proceeded from the worst of Principles namely because [I was] an Advocate for Taxation—

This will be delivered to You by my Brother— He has a ^Letter^ relative to his Business from the Governor to Mr: Lewis and he would wish if possible to have an Opportunity of communicating his Errand ^to You^ I need not introduce him to Your Acquaintance and only take the Liberty of recommending him to Your Notice. I remain Yours most sincerely

Egbt: Benson

ALS, NNC (EJ: 5490). Endorsed. Addressed: “The Honble John Jay Esqr. / Philadelphia.”

1In addition to his position as attorney general for New York State (elected 1777), which would involve him in any litigation claims for the state, Benson seems to have served as a liaison between the assembly (of which he was a member) and Governor Clinton, keeping the government informed of the status of the Vermont claims. PPGC description begins Public Papers of George Clinton, First Governor of New York (10 vols.; Albany, N.Y., 1899–1914) description ends , 5: 52, 113–16; JPC description begins Journals of the Provincial Congress, Provincial Convention, Committee of Safety and Council of Safety of the State of New-York (2 vols.; Albany, N.Y., 1842) description ends , 1: 910.

2On the Confiscation Act, see Robert R. Livingston to JJ, 21 Apr., above, and Clinton to JJ, 5 Oct. 1779, below.

3On 1 June 1779 Congress resolved to send a committee to the New Hampshire Grants to “confer with the said inhabitants” and to “take every prudent measure to promote an amicable settlement.” The following day, Oliver Ellsworth (1745–1807) of Connecticut, Timothy Edwards of Massachusetts, John Witherspoon, Samuel Atlee (1738–86) of Pennsylvania, and Jesse Root (1736–1822) of Connecticut were appointed, “any three . . . to be empowered to act.” Ellsworth and Root’s letter of 4 July was read in Congress on 12 July. They had gotten to the grants after Atlee and Witherspoon, and stated that more people wanted to make their case heard before Congress. Atlee and Witherspoon reported to Congress on 13 July that the inhabitants, if they could represent their case, would “submit themselves and finally . . . abide by the Decision of the United States in Congress assembled.” JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 14: 674, 676, 819, 823–24; DNA: PCC, item 59, 3: 15–18.

4New York Civil List (1889) description begins Edgar A. Werner, Civil List and Constitutional History of the Colony and State of New York (Albany, N.Y., 1889) description ends , 410.

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