John Jay Papers
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From John Jay to John Tabor Kempe, 2 January 1772

To John Tabor Kempe

[New York 2d. Jany. 1771[2]]1

Sir

The Receipt of your Letter2 should have been acknowledged before had I not been out of Town when it was delivered.

If by withholding an Explanation you mean to punish me for a Defe supposed Defect in Constitution, or Inaccuracy in Mode of Expression, you certainly Sir! fix your Resentment on Objects too triffling to merit serious Severity. To think with Freedom & to speak with Sincerity I knew often trespassed on Form & punctilious Refinement, but I did not apprehend it would have given Offence to a Gentleman who I Imagined would attend more to Things than the Names by which they are called.

Your never having ^met^ with such an Address before, does not surprize me. I believe few of the Profession have—for however otherways divided, they have generally been uniform in Matters of Business. Another Hour devoted to Reflection would have reminded you, that whenever a Gentlemans Conduct is misunderstood, it is his Duty to explain it, not merely as a Compliment to those who may ask it, but as a piece of Justice to his own Reputation; nor should it be forggotten that Dignity can recieve no Support from Evasions, or be increased by Behaveour which renders Innocence suspected.

I cannot concur with you in thinking, that the Warmth I have shewn should not have been excited by the occasion which gave Rise to it. I deny not that I was warm, or, if you please, that I am warm still. Warmth excited by Attacks on Reputation, or inspired by a Sense of indelicate Treatment will never be blamed by those who are more under the Influence of Good Nature than a Desire of discovering Motes3 in a Neighbours Eye. Insensibility to Injuries never characterized an honest Man—

When you recollect that at the Time I first became engaged or rather retained in the Cause of the Parish of Jamaica, I was but just stepping into the World—a Season critical to a young Man. That you was informed of my being concerned by Mr. DLancey4 who was then your Clerk. That you nevertheless avoided all Conversation with me upon the Subject; that after the Bill was filed a Demurrer was put in—Hearings appointed, Consultations had—arguments framed, Objections considered without my being privy to or having Notice of either—That tho you was reminded by Mr. Duane of my being employed, you have never deigned to apologize for the omission, or correct the Mistake, if a Mistake it was—That these repeated Neglects tended to lessen me in the opinion of my Client & others, deprived me of an Opportunity of appearing in a Cause of great Consequence and much Expectation, from the merely being concerned in which a young man is often raised in the eye Estimation of the World—That all this was done & transacted deliberately unprovoked, nay while the very Smiles of Friendship appeared on your Countenance—I say when you recollect these Things I am astonished you should complain of a little Warmth, or expect I would rest satisfied with presenting you a little cold Remonstrance with humble Deffrence supplicating an Explanation.

You are amased at my acting as if I thought your Conduct proceeded from Design. I am really amased that you are—What other Construction does it bear? Upon what other Principles is it explicable?—

A Rupture with you Sir! would be very disagreable to me; but I had rather reject the Friendship of the World than purchase it by Patience under Indignities offered by any Man in it—However I still hope to recieve that Satisfaction from an Explanation, which I should be sorry to seek from a less friendly Source—I am Sir your hble Servt!

John Jay

ALS, MHi: Sedgwick Papers (EJ: 4643). Addressed: “To/John J. Kempe Esq.” Endorsed: “2d. Jany 1772/Letter from J. Jay.”

1Misdated “1771” by JJ.

3Mote: a spot, fleck, or imperfection.

4Probably John De Lancey (1741–1821).

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