511From John Jay to Rufus King, 25 February 1794 (Jay Papers)
I did not arrive here untill Yesterday— understanding that the little Ferries were impassable we went on Saturday Even g to Eliz. Town point, where we were detained untill Yesterday morn g . M r Russell purchased a pair of Horses at Brunswick, and set out with M r Gore in a Sleigh yesterday afternoon. The Paper I was to send you is herewith enclosed— on this occasion I can say little, being...
That every District Court in the U.S. does possess all the Powers of a Court of admiralty whether considered as an Instance or a Prize Court. That consequently the District Court of Maryland ha ve ^s^ Jurisdiction competent to enquire and decide, whether in the present Case, Restitution can ^ought^ to be made to the Claimants, that is whether it or either of them in the whole or in part, that...
This Cause has been regarded, as of great importance; and doubtless it is so. It has accordingly been treated by the Counsel with great learning, diligence and ability; and on your part, it has been heard with particular attention. It is, therefore, unnecessary for me to follow the investigation over the extensive field, into which it has been carried: You are now, if ever you can be,...
514To George Washington from John Jay and Rufus King, 27 January 1794 (Washington Papers)
Letter not found: from John Jay and Rufus King, 27 Jan. 1794. In his letter to Henry Knox of 15 Feb. , GW referred to “the subject of Mr Jay and Mr King’s letter to me, of the 27th of last month.”
515From John Jay to Ferdinand Grand, 31 December 1793 (Jay Papers)
My I have had ^the pleasure^ of rec g the Letter which you did me the favor of writing on the 2 d Day of May last, and it is the only one from you which has reached come to Hand since the ^your^ Revolution. We consider your amiable Friends as an agreable addition to our Society, and nothing on our part shall be wanting to convince them of our Respect for your Recommendation and for their...
516From John Jay to Rufus King, 22 December 1793 (Jay Papers)
I purpose to go to Rye Tomorrow, & return the last of the week. would it not be adviseable that, where Jurors are summoned by Marshalls, the Courts sh d . be authorized to appoint Elizors in every Case in which the Court shall have Evidence to induce reasonable apprehensions of Partiality or Interest in the Marshall, and that both in public & private causes? As the Yellow Fever may again...
517From John Jay to Rufus King, 19 December 1793 (Jay Papers)
I have been fav d . with your’s of the 15, & Yesterday rec d . Dunlaps paper of the 17 w h . you was so obliging as to send me. It is to be regretted that M r Jefferson & Gov r Mifflin still remain as it were in a back ground— I enclose an Extract from one of our Papers, by w h . you will percieve the use made of it. I am much inclined to think that Letters, calculated for publication, from...
518From John Jay to Rufus King, 12 December 1793 (Jay Papers)
I thank you for your’s of the 9 Inst:— The President’s Speech meets with general approbation— his message has produced here its natural and proper Effect. M Dallas’s Statement is defended by some— others call it subterfuge and harder names— I think it as artful as the Subject ^and his Design^ would Rufus King, by John Trumbull, 1792. (Yale University Art Gallery, Trumbull Collection, 1832.30)...
519John Jay and Rufus King to Alexander Hamilton and Henry Knox, 26 November 1793 (Hamilton Papers)
You will recieve herewith enclosed a Publication by Mr Genet denying his having declared that he wd. appeal from the President to the People —a publication by us that we would shortly proceed to state the Evidence and Circumstances relative to that Transaction, and also our manuscript address to the public containing such Statemt. We think it more expedient as well as more delicate with...
520To Alexander Hamilton from John Jay, 26 November 1793 (Hamilton Papers)
Mr King & I have written this Day to you & General Knox. To that Letter and its Enclosures I refer you. All Men are under obligations to support the Cause of Truth. I presume therefore that the President will permit you to use all the Evidence of the tract in Question, which may be in his Possession or power, and consequently give you access to such Documents as may perhaps be in the office of...
You will recieve herewith enclosed a Publication by M r Genet denying his having declared that he w d . appeal from the President to the People— a publication by us that we would shortly proceed to state the Evidence and Circumstances relative to that Transaction, and also our ^manuscript^ address to the public containing such Statem t .— we think it most ^more [ illegible ]^ expedient ^^[...
522John Jay and Rufus King “To the Public,” 26 November 1793 (Jay Papers)
Although well constituted free Governments only, can give and preserve to men the Enjoyment of rational liberty, yet no government can liberate individuals from the impulse, and domination of their passions. Hence it is that the excesses of these passions so frequently produce Parties in all communities, and that personal motives, are so often found to be masked by patriotic professions. While...
523From John Jay to Alexander Hamilton, 26 November 1793 (Jay Papers)
^M r . King & I^ we have written this Day to you & General Knox To that Letter and its Enclosures I refer you. All Men are under moral obligations to support the ^[ important ?]^ ^the Cause of^ that Truth interesting to the Reputation or Property of Individuals— I presume therefore that the President will permit you to use ^all^ the Evidence of the Fact in Question, which may be in his...
524John Jay and Rufus King to Messrs. Printers, [12 August 1793] (Jay Papers)
CERTAIN late publications render it proper for us to authorize to inform the Public, that a report having reached this City from Philadelphia, that Mr. Genet, the French Minister, had said he would Appeal to the People from certain decisions of the President; we were asked, on our return from that place, whether he had made such a declaration—we answered, THAT HE HAD, and we also mentioned it...
525To George Washington from Supreme Court Justices, 8 August 1793 (Washington Papers)
We have considered the previous Question stated in a Letter written to us by your Direction, by the Secretary of State, on the 18th of last month. The Lines of Separation drawn by the Constitution between the three Departments of Government—their being in certain Respects checks on each other—and our being Judges of a court in the last Resort—are Considerations which afford strong arguments...
526From John Jay to William Cushing, 6 August 1793 (Jay Papers)
I have been fav d . with your’s of the 22 d of last month— This morning we assigned the Eastern Circuit to Judge Blair, with whom Judge Wilson is to attend the Courts at Connecticut, R. Island & New Hampshire — the Middle Circuit to Judge Paterson (by agreem t . between him and Judge Wilson)—and the Southern Circuit to You— The latter I think ought first to have been assigned to Judge Wilson—...
527To George Washington from the Supreme Court Justices, 20 July 1793 (Washington Papers)
We have taken into consideration the Letter written to us by your Direction, on the 18th Instant, by the Secretary of State. The Question “whether the public may with propriety be availed of the advice of the Judges, on the Questions alluded to?[”] appears to us to be of much Difficulty as well as Importance—as it affects the judicial Department, we feel a Reluctance to decide it, without the...
528John Jay’s Draft of the Justices of the Supreme Court to Thomas Jefferson, 20 July 1793 (Jay Papers)
The included Letter ^from us^ to the President being in the Subject of the one which by the Direction you did us the Honor to write on the 18 Instant; We think It most proper & regular that it should pass to him thro your Hands, and for that purpose commit it to Your Care. We have the Honor to be Sir Your Most Ob t . & hble Serv t . Dft , NNC ( EJ : 08445 ; 90242); LS , DNA : RG 59,...
529John Jay’s Draft of the Justices of the Supreme Court to George Washington, 20 July 1793 (Jay Papers)
we have taken in ^to^ Consideration the Letter written to us ^by your Direction^ on the 18 Inst. by the Sec y of State. The Question “whether the public may with propriety be availed of the advice of the Judges on the Questions alluded to,” appears to us to be of much magnitude Difficulty as well as Importance: and as it respects our ^affects the judicial^ Department, we feel a Reluctance to...
530To Alexander Hamilton from John Jay, 24 June 1793 (Hamilton Papers)
On Saturday week last I arrived at Pha. and very early the next monday morning set out in the Stage for this place. I recollected your Deed, but as Mr Iredell came to Pha. with me, and could take the acknowledgmt. I am persuaded you will excuse my passing on without waiting for that Business. The G. Jury at Richmd. requested a Copy of the Charge, the Burden of which was neutrality , and...
531From John Jay to Alexander Hamilton, 24 June 1793 (Jay Papers)
on Saturday week last I arrived at Ph a . and very early the next Monday Morning set out in the Stage for this place— I recollected your Deed, but as M r Iredell came to Ph a . with me, and could take the acknowledgm t . I am persuaded you will excuse my passing on without waiting for that Business. The G. Jury at Richm d . requested a Copy of the charge, the Burden of which was neutrality ,...
532John Jay’s Opinion, the Circuit Court for the District of Virginia: Ware v. Hylton (formerly Jones v. Walker), [7 June … (Jay Papers)
Jay, Ch [ief]. J[ustice].: This is certainly a cause of great magnitude and expectation; all causes which affect many persons and much property, are so. It has been ingeniously and industriously managed, and it has been attentively and patiently heard. The action is for the recovery of money due on bond prior to the war. The first plea is payment, and on that the parties are at issue. The...
533John Jay’s Draft Charge to the Grand Jury, Circuit Court for the District of Virginia, [16 April–22 May 1793] (Jay Papers)
In Proportion as nations and Individuals deviate from order, in It is an Observation no less useful than true, that nations and Individuals injure their essential Interests in proportion as they deviate from order. By order I mean that reational Regularity which results from attention and Obedience to those Rules and principles of Conduct which Reason indicates and which morality and wisdom...
534John Jay’s Charge to the Grand Jury, the Circuit Court for the District of Virginia, 22 May 1793 (Jay Papers)
That citizens ^and nations^ should so use their own, as not to injure others, is an ancient and excellent maxim: it is one of those plain Precepts of common Justice which it is the Interest of all and the Duty of each to obey, and that not only in the use they may make of their Property, but also of their Liberty, ^their power,^ and other Blessings of every kind. To restrain men from violating...
535From John Jay to George Washington, 12 May 1793 (Jay Papers)
I really esteem myself very much obliged & honored by your kind Letter of this Day, & those enclosed with it— It is a new mark of that attention to which I am so much indebted, and of which I entertain a strong & grateful Sense— with perfect Respect Esteem & attachm t . I am Dear Sir your obliged & ob t . Servant ALS , PHi : Etting ( EJ : 01150 ). Endorsed. Dft , NNC ( EJ :
536Enclosure: [Proclamation by George Washington], [April 1793] (Hamilton Papers)
By George Washington President of the U. S. of am⟨erica⟩ a Proclamation. Whereas every nation has a right to change and modify their constitution and Govt., in such manner as they may think most c⟨onducive⟩ to their welfare and Happiness. And Whereas they who a⟨ctually⟩ administer the governmt. of any nation, are by foreign nations ⟨to⟩ be regarded as its lawful Rulers , so long as they...
537To Alexander Hamilton from John Jay, 11 April 1793 (Hamilton Papers)
Your Letters of the 9th. Inst. were this Day delivered to me, as I was preparing to go out of town. The Subject of them is important. I have not Time to judge decidedly on some of the points. The enclosed will shew what my present Ideas of a proclamation are—it is hastily drawn—it says nothing of Treaties—it speaks of neutrality, but avoids the Expression because in this country often...
538From John Jay to Alexander Hamilton, 11 April 1793, enclosing John Jay’s Draft of a Proclamation by George Washington (Jay Papers)
Your Letters of the 9 th . Inst. were this Day delivered to me, as I was preparing to go out of Town. The Subject of them is important— I have not Time to judge decidedly on some of the points— The enclosed will shew what my present Ideas of a proclamation are— it is hastily drawn— it says nothing of Treaties— ^it speakes of neutrality, but avoids the Expression, because in this country often...
539John Jay’s Opinion, Chisolm v. Georgia, [18 February 1793] (Jay Papers)
CHIEF JUSTICE JAY. THE Question we are now to decide has been accurately stated, viz. Is a State suable by individual citizens of another State? It is said that Georgia refuses to appear and answer to the Plaintiff in this action, because she is a sovereign state, and therefore not liable to such actions. In order to ascertain the merits of this objection, let us enquire, 1. In what sense...
540From John Jay to Francis Dana, 16 February 1793 (Jay Papers)
I have rec d . the Letter which you did me the Honor to write on the 19th. Dec r . last , and on the first Day of the present Term communicated it to the other Judges. Such marks of Delicacy and Respect cannot fail of making correspondent Impressions; and it gives me pleasure to assure You that nothing on our parts shall be wanting to cultivate on all occasions that Harmony & mutual Confidence...