From John Jay to George Washington, 25 March 1796, enclosing Samuel Bayard to John Jay, 6 January 1796
To George Washington
[NYork 25 March 1796]
Govr. Jay presents his respectful Compliments to the President of the United States, & takes the Liberty of sending the enclosed Copy of a Letter which he this Day recd. from Mr S. Bayard.
London, 6th. Jany: 1796—
Dear Sir
I am honored with your favour of the 11 Novr. for which I beg you will accept my acknowledgts: the one enclosed for Col: Trumbull I sent immediately to Mr. Deas, who has almost daily opportunities to Paris where Col: T. was by the last accounts received of him—1
It is with sincere satisfaction that I inform you of the favourable disposition which has lately been evinced both in Court of appeals and of admiralty, in cases where our citizens are concerned. A change of policy has evidently taken place, owing I have reason to think to the ratification of the Treaty by the President.2 In those suits instituted against Sir J. Jervis and Sir C. Grey in the Court of Admiralty, the Judge has declared that he will allow the captors no further time to bring in their papers, but will grant an Order for the restitution of the property seized and sold by these Officers at Martinique, St. Lucie and Gaudaloupe & claimed by us, in the course of the present month.3
The Court of Appeals also have recently displayed a spirit widely different from that in the case of the Betsy Capt: Furlong.— They have reversed the sentences of the Vice Admiralty Courts in 2 Cases that were argued before them on the 21 Decr. & reprobated in pointed terms the irregular Conduct of the Judges by whom these sentences were passed.
Added to the circumstance of the Presidents having ratified the treaty notwithstanding the clamor raised against it— this change of measures must be ascribed in a degree to the steps taken in consequence of the decree in the Betsy. I early expressed my sentiments fully, but with coolness and moderation to Sir W. Scott, Dr. Nicholl and to Mr. Sansom & such of the merchants as I knew had a connection and interest with ministry— Thro’ Mr. Adams also I convey’d the information to Lord Grenville which I had recd. from the Secy. of State—namely that our Govt. had learned this decision “with disappointment & chagrin. These Steps have had their effect and I trust that in future we may not experience any avoidable delays nor that our cases will be so decided as to excite further complaints—”4
The Courts of Admiralty and Appeals have adjourned during the holidays soon after the expiration of which we shall probably have decrees in several important cases, that will influence the determination of many others.
Mrs. Bayard joins me in wishing yourself, Mrs. Jay and Son the compliments of the Season—together with continued health and happiness. I am Dear Sir with sincere respect and esteem Your most Obedt. and humble Servt.
(signed) Saml. Bayard
[His Excellency John Jay Esqr.]
AL, DLC: Washington (EJ: 10658), enclosing a copy in JJ’s hand of Samuel Bayard to JJ, 6 Jan. 1795. The ALS of Bayard’s letter is in NNC (EJ: 12535). , 19: 589–90. For JJ’s reply to Bayard, see his letter of 25 Mar., below.
1. JJ’s letter to Bayard of 11 Nov., and his letter to JT have not been found.
2. For Bayard’s earlier criticism of the Jay Treaty and the British courts’ handling of the spoliation claims cases prior to the final ratification of the treaty, see 408–24. Bayard reported in July 1795 that “Since Mr. Jay’s departure however there has been a striking change in the conduct of the Judge of the Admiralty and of the other authorities toward American citizens. All we have lately seen is rather adverse than friendly.” Ibid., 419. For the background, see the editorial note “Aftermath to the Jay Treaty: Responses, Ratification, and Implementation,” above.
3. On the legal and political complications involved in the ship captures made under the auspices of Lt. Gen. Charles Gray and Vice Adm. John Jervis, British commanders in the West Indies, see 426–52.
4. According to Bayard, JQA, directed to England to facilitate the final ratification of the treaty, though he was not in the end needed for that purpose, was “endeavouring to come to some understanding with Lord Grenville on the principles that are to govern the majority of the cases.” Bayard to Elias Boudinot, 12 Dec. 1795, in 422.