John Jay Papers
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Address to the New York State Legislature, 2 January 1798

Address to the New York State Legislature

[Albany, 2 January 1798]

Gentlemen of the Senate and Assembly,

IT must afford sincere and cordial satisfaction to our Fellow Citizens, to see the Representatives whom they have freely chosen, thus peaceably and calmly assemble, to deliberate on their common concerns, and to concert the measures most conducive to their common prosperity.

Nor will they derive less satisfaction from the reflection, that at this moment the Representatives of the Nation, of which this state constitutes an important member, are in like manner convened, and in harmony proceeding to consider and provide for our national interests.

This is an eventful and interesting period; and very important and impressive are the circumstances and considerations which render union, prudence and energy essential to the welfare, if not to the safety of the United States. May the great Author and Giver of good counsels, dispose and enable our governments and people to fulfil their respective duties wisely.

During the last Summer, an extraordinary occasion induced the President to convene the Congress— Their acts and Journals will be laid before you for your information. Among the acts there is one of which it is proper to make particular mention.

It is entitled “An Act authorizing a Detachment from the Militia of the United States.“1 By it the President is empowered to require of the Executives of the respective states, to take effectual measures, at such time as he shall judge necessary, to organize, arm and equip and hold in readiness to march at a moment’s warning, the proportion of eighty thousand men assigned to them respectively.

In pursuance of this act, the President has been pleased to direct, that the quota of troops assigned to this state, should be held in readiness; and orders have been accordingly given, and in numerous instances have been complied with in a manner very honorable to the militia of this state.

It will not escape your observation, Gentlemen, that by this act the Executives of the several states are not only to organize, but also to arm and equip the detachments required of them. When on this, or any future occasion, such detachments shall be called to the field, it is not to be expected that they will be found completely armed and equipped. There will doubtless be deficiencies; and to me it appears proper, that the necessary supplies should be seasonably provided, and that they be managed in the manner best calculated to guard against waste and misapplication.2

On reviewing the internal affairs of the state, you will, I think, find it necessary to amend some of our existing statutes.

The act making alterations in the criminal law, and substituting the punishment of imprisonment, instead of death, for certain felonies, appears to me to have omitted either expressly to declare, or impliedly to decide, whether in any and what respects the convictions in those cases extinguish or affect civil rights and relations.3

The restriction in the act respecting Assistant Attornies General, which limits the appointments to counselors at law resident in the respective districts, has been and still is in one of the districts productive of inconvenience and embarrassment.4

The laws respecting quit-rents might in my opinion be amended by a provision, enabling the holders of land subject to it, to acquire at any time an exoneration from that charge, on just and reasonable terms. To me it appears advisable, that the proprietors of land throughout the state, should by the gradual operation of such a provision, be eventually placed in this respect on a similar and equal footing.5

Imperfections in the militia laws are frequently experienced; and the relation which this subject bears in the defense of the nation in general, and of this state in particular, places it in an interesting point of light.— The maxim that every nation ought to be constantly prepared for self-defence, is founded on the experience of all ages— it is true at all times, and under all circumstances— it is by the constitution of the state expressly recognized and adopted, and in strong terms enjoined as a duty on the Legislature. It deserves, therefore, to be considered whether the provisions made by the existing laws for this object, are sufficiently ample and adequate.6

Under color and cover of the act for defraying county charges, taxes are often so unequally assessed on unimproved wood land, and with such inexcusable waste and destruction collected, as to require legislative interposition. Every system of taxation is certainly defective and exceptionable, which does not afford the best checks which human prudence and human laws can devise, against partiality, fraud and oppression. That government cannot cease to attract and to preserve confidence and attachment, which leaves no rights without protection, no grievances without redress.

It is considered as a rule to which there are few exceptions, that when a law is treated with manifest and general disrespect and disobedience, it should either be repealed, or more competent means to enforce it be devised; a tolerated violation of one law naturally leading to and encouraging the infraction of others.

Altho’ the obligation to observe and obey equal and constitutional laws, plainly results from our social compacts, and makes a part of the moral law, yet the statute prohibiting usury and limiting the interest of money, is notoriously and daily violated, and that, not only by those on whom such considerations have little influence, but even by too many of those whose characters and conduct are in other respects fair and correct.

There is also 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 am convinced it is, of divine appointment, this subject ought not to be regarded with indifference.7

In a state so progressive as ours, new cases and exigencies will frequently arise, and require legislative provision.

At least two arsenals for the reception and safe keeping of military stores are thought to be necessary—one at New-York and another at this place. For the one at New-York, the corporation of that city have liberally and gratuitously granted to the people of the state a large, and valuable lot of ground and the Commissioners have my approbation to erect an arsenal on it.8

The situation of Albany, considered in relation to the other counties, to security and to the facility of transportation by land and water, seems to point it out as a proper place for an arsenal; and on a larger scale than the one proposed for New-York. If these ideas should meet with your approbation, the means of realizing them will of course be attended to.

The value and importance of the military stores, which will from time to time belong to the state, require that they should be well preserved, and also securely kept— Both these considerations unite in suggesting, whether these purposes can be so properly and œconomically effected as by a competent number of guards, carefully selected, organized and regulated. The utility of this measure becomes more apparent, on considering that it may be made subservient not only to the security and business of the arsenal, but also to the security of the state-prison; every escape from which, however caused, will in a degree counteract the purposes of that benevolent institution. Sound policy dictates that our present mild punishments should be made to produce by their certainty and duration, a portion of that dread which sanguinary ones impress by their severity.9

I forbear, Gentlemen, to press your attention to the great interests of Learning, Public Justice, Agriculture and Commerce; being persuaded that nothing will be omitted to render the Session useful to our Fellow-Citizens and honorable to their Representatives.

John Jay

PtD, Albany Centinel, Albany Gazette, and Albany Register, 5 Jan.; Daily Advertiser and Commercial Advertiser (both New York), Northern Centinel (Salem, N.Y.), 8 Jan.; Greenleaf’s New York Journal, Spectator, and Time Piece (all New York), Claypoole’s American Daily Advertiser, and Porcupine’s Gazette (both Philadelphia), 10 Jan.; Otsego Herald (Cooperstown), 11 Jan.; Federal Gazette (Baltimore), 12 Jan.; Federal Gazette (Boston), 16 Jan. (extract); Universal Gazette (Philadelphia), 18 Jan. 1798; N.Y. Assembly Journal, 21st sess. (January 1798) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-first session, began and held at the city of Albany, the second day of January, 1798 (Albany, [1799]; Early Am. Imprints, series 1, no. 34210) description ends , [5–6]; N.Y. Senate Journal, 21st sess. (January 1798) description begins [New York State], Journal of the Senate, of the state of New-York; at their twenty-first session, began and held at the city of Albany, the second day of January, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34211) description ends , 4–6; NYGM description begins State of New York, Messages from the Governors comprising Executive Communications to the Legislature and other Papers relating to Legislation from the Organization of the First Colonial Assembly in 1683 to and including the Year 1906 vol. 2 1777–1822 (Albany, 1909) description ends , 2: 397–402.

For legislative replies and JJ’s responses to the replies, see Albany Chronicle, and Albany Gazette, 8 Jan.; Commercial Advertiser (New York), 12 Jan; Argus, Greenleaf’s New Daily Advertiser (New York), and New-York Gazette, 18 Jan.; Greenleaf’s New York Journal, and Spectator (New York), 20 Jan. 1798; N.Y. Senate Journal, 21st sess. (January 1798) description begins [New York State], Journal of the Senate, of the state of New-York; at their twenty-first session, began and held at the city of Albany, the second day of January, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34211) description ends , 10–11; N.Y. Assembly Journal, 21st sess. (January 1798) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-first session, began and held at the city of Albany, the second day of January, 1798 (Albany, [1799]; Early Am. Imprints, series 1, no. 34210) description ends , 27.

1“An Act authorizing a detachment from the Militia of the United States,” 24 June 1797, Stat. description begins The Public Statutes at Large of the United States, vols. 1–17 (Boston, 1845–73) description ends , 1: 522.

2For the efforts of the state government to properly equip its military forces, see the editorial note “Defending New York,” above.

3“An ACT relative to the Civil Relations of Persons sentenced to Imprisonment for Life,” passed 29 Mar. 1799, declared felons sentenced to life imprisonment as “civilly dead to all intents and purposes in the law.” N.Y. State Laws, 22nd sess., 2nd meeting (1799) description begins [New York State], Laws of the state of New-York. Passed at the twenty-second session, second meeting, of the Legislature, begun and held at the city of Albany, the second day of January, 1799 (Albany, 1799; Early Am. Imprints, series 1, no. 35926) description ends , 689.

4“An ACT to amend the act entitled ’An act making provisions for the more due and convenient conducting public Prosecutions at the Courts of Oyer and Terminer and Gaol Delivery, and General Sessions of the Peace,’” passed 8 Jan. 1798, annexed New York City and County to the district composed of Suffolk, Queens, Kings, Richmond, and Westchester Counties. N.Y. State Laws, 21st sess. (1798), [243].

5Lawmakers crafted reform legislation for quitrents in “An ACT concerning Quit-Rents“ and “An ACT to exonerate certain persons from paying arrears of quit-rent,” the former passed 16 Mar., and the latter 5 Apr. 1798. N.Y. State Laws, 21st sess. (1798), 307–11, 511–13.

6For the passage of militia reform legislation during JJ’s administration, see the editorial note “Militia Matters in New York State,” above.

7Lawmakers outlawed the sale of “strong or spirituous liquors, ale or porter” on Sunday, the Christian Sabbath. “An ACT to amend the act, entitled ‘An act for suppressing immorality,’ passed the 23d day of February, 1788,” 3 Apr. 1798, N.Y. State Laws, 21st sess. (1798), 467–68, quote on 467.

8For the construction of an arsenal in New York City and Albany, see the editorial note “Defending New York,” above.

9For security issues in the state penitentiary and JJ’s views on issuing pardons, see the editorial note “Crime and Punishment in Federalist New York,” above.

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