From John Jay to Robert R. Livingston, 29 May 1776
To Robert R. Livingston
[New York,] 29 May 1776
Dear Robert,
The Pleasure I expected from meeting ^a Junction of^ our little Families at Bristol has vanished. Doctr Bard tells me the Waters there are not adapted would be injurious to Mrs. Jays Complaints, so that I shall again take a solitary Ride to Philadelphia whenever the Convention who have directed me to abide here till their further Order, shall think proper to dismiss me.
I wish I could have it had been in my power to have met you at Bristol at the time you mentioned,1 but Mrs. Jay has was then so exceeding ill that Doctr Bard was sent for, She is now thank God so much better as to leave her Room, and unless some unfortunate Relapse should happen is I hope in a fair way of recovering her former Health.
Messrs. Alsop and Lewis set out next Saturday for Philadelphia. Mr. Duane informs me that he is about to return home, and considering how long he has been absent from his Family I think him intitled to that Indulgence. I pray God that your Health may enable you to attend prett constantly, at least till it may be in my Power to relieve you—2 Is Mr. Clinton returned?
Our Convention will I believe institute a better Government than the present which in my opinion will no longer work any Thing but Mischief; and Altho the Measure of obtaining Authority by Instructions have ^may have^ its Advocates, I have Reason to think that such a Resolution will be taken as will open a Door to ^the^ Election of new or additional Members. Of this I sh But be the Resolution what it may, you shall have the earliest Advice of it. And
should my Conjectures prove right, I shall inform the Members of Dutches of your Readiness to serve, and advise them to elect you3
Benson is not yet come to Town. Your Caution on Attention to this Subject was proper, and I will second it.
Dont be uneasy at recieving so few Letters from me—I have ^been^ so distressed by the Ill Health of my Wife & Parents, that I have ^scarce^ written any Thing. I am Dear Robert, Your afft Fd.
J. J.
DftS, NNC (EJ: 7948). Endorsed by JJ.
1. The mineral springs at Bristol, Pa., twenty miles northeast of Philadelphia, had been popularly used for medicinal purposes since the first quarter of the eighteenth century. On 17 May 1776 Livingston wrote to JJ that he had rented “three Bedrooms & a large parlour in a retired country house, about two miles from Bristol. . . . The lodgings are to be entered upon next Wednesday [22 May], by which time I hope to see you & Mrs. Jay there.” ALS, NNC (EJ: 6856); Tr, NN (EJ: 1092); , 1: 59.
2. In his letter of 17 May, Livingston appealed to JJ: “I wish to God you could be here. If you do not get this length [to Philadelphia] meet me at least at Bristol next week from whence you may return in a few days & send some of our delegates along as the province will otherwise be often unrepresented, since I find it inconsistant with my health to be close in my attendance in Congress.” NNC (EJ: 6856); NN (EJ: 1092); , 1: 60.
3. Here JJ excised a sentence, only portions of which can be deciphered: “. . . too long before I have an opportunity of [Representing?] . . .”
On 24 May, JJ was named to a committee of the New York Congress entrusted with consideration of the Continental Congress’s resolutions calling for the establishment of new governments. This committee reported on 27 May and concluded that “it hath become absolutely necessary for the good people of this Colony to institute a new and regular form of internal government and police.” The report acknowledged that “some doubts existed as to whether the Third Provincial Congress was authorized to frame a new form of government, and concluded with a recommendation that the inhabitants of the province be polled “either to confirm their present representatives” in the New York Congress “in their present powers, and with express authority . . . to institute a new internal form of government and police for this Colony . . . or elect new members for that purpose.”
The procedure for forming a new government had divided the Third Congress. Radicals, led by John Morin Scott, contended that the present congress was competent to draw up a new constitution for New York as well as to conduct legislative business, while conservatives like Gouverneur Morris held that a special convention must be chosen with explicit power to draft a form of government.
The committee report of 27 May was adopted by the congress, and JJ, Scott, and John Haring were named a committee “to take the said report and frame it into resolutions to be published.” Although this committee did not submit its report to the congress until 31 May, JJ’s letter to Livingston indicates that the committee had already decided that some form of new elections would be necessary. The resolutions adopted by the New York Congress on 31 May stated that electors were “either to authorize (in addition to the powers vested in this Congress) their present Deputies or others” to consider the necessity of instituting a new government. If a majority of this newly constituted group agreed on the need for a new government, they were then “to institute and establish such a government.” , 1: 462–63, 468–69; , 150–52.
On 11 June, JJ wrote Livingston: “The late resolution of the Congress relative to obtaining authority from the people to institute a form of Government you have seen: on this occasion I was desirous you should be returned a member. For that purpose I have so far settled matters with James Livingston, that if no other of the present members from Dutchess should resign, he will in order to make room for you and I have written to Benson on the subject.” Tr, NN, Bancroft (EJ: 1105).