John Jay Papers
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To John Jay from Robert R. Livingston, 21 April 1779

From Robert R. Livingston

ClerMount 21st Apl 1779

Dear John

A fortnight has already elapsed since I received yours of the 14th. Ult., I feel my self ashamed of my neglect, tho’ as far as business & company may plead my excuse I am excusable, since I have Opened my court at Albany, transacted some business for Duer there, & been ever since crouded with company. But I am more willing to own my fault than to offer an appology which you will too often have it your power to return, to make it politick in me to admit—

I can not as I at first proposed be with you this month, being detained here till the middle of May in order to see my sister Getty1 married, after which I shall hope to have the pleasure of seeing you at Philadelphia— I hardly know how to admit your excuse for the reserve & caution which (to use your own phraze) mark your Letter since safe conveyances—are very frequently afforded & I do not find that one of our Letters have miscarried— I long for that free & open communication of sentiment that make the soul of friendship— And put more value upon one letter that is written from the heart, than on twenty that are designed for the press.2 Politicks you may communicate or not as you please, not that I wd have you suppose me indifferent to them— On the contrary I am very desirous of knowing what passes, & speak according to knowledge on the present subjects of every conversation— Your grand secret begins here to be considered by many as a political term:— Tho from what I can learn of it, it is not exactly what I wish—3 Yet ^I am^ so desirous of peace & see so manifestly the impossibility of carrying on another campaign without some thing better than a paper exchequer— Or even with specie if the enimy should remove the seat of war far eastward, from the difficulty of collecting, & transporting provissions, that I am willing to make the most of it— And I do not know whether upon the whole in our present tumultuous situation ^Congress^ should seem rather to acquiess in the terms that may be offered from attention to its allies, than agree to them—

Never was the spirit of discontent more alive among us than at present, the people are uneasy & know not to what object to direct their complaints, they see things go wrong but know not how to mend them, this will produce many changes in our legislature, among others I beleive Benson will lose his seat—4 You have I suppose heard the history of our last sessions. You rightly judge of the spirit that actuated it— Never was there a greater compound of folly, avarice, & injustice, than our confiscation bill, to which Bensons compromising genious not a little contributed.5 Many preparetory steps were taken to produce a change in the delegation, which will take ^place^ shortly— Morris & Schuyler will I think undoubtedly be left out the first opportunity—6 I have freequently wrote to the first to intreat him to break out & shew him self here, to remove prejudices that accumulate during a Man’s absence— You can mention this matter to him— I shd write to him but I am unwilling to expose myself to further neglects, since I can ascribe them to no motives that do not lessten him in my esteem—

I wrote to Mr. Duane about Mr. Tetard who has been with me the whole winter— He is entitled to some provission from Congress, he promissed to procure for him the place of chaplain in the Highlands or interpreter to Congress, since which I have heard nothing from him, tho’ I have written twice pressingly to him upon the subject— You would do a charitable deed, & oblige me, by providing for him in some way or other. His memorial lays before congress & his poverty is extream—7 present my comps. to Mrs. Jay & believe me Dr. John Most sinsirely Your’s

Robt. R. Livingston

How goes the Vermont business. I am fearful that you will be blamed for not procuring some settlement of it.—

ALS, NNC (EJ: 7923). Dft, dated 20 Apr., NHi: Livingston (EJ: 787). E, NN: Bancroft (EJ: 2812).

1Gertrude Livingston (1749–1823) married Colonel Morgan Lewis on 11 May 1779.

2JJ crossed out the last twenty-two words. L. Bendikson deciphered this passage using phototechnical procedures in 1937 and speculated it was deleted because JJ did not like Livingston’s indirect aspersion on his letter writing. See Bendikson, “Restoration of Obliterated Passages and of Secret Writings,” description begins Lodewyk Bendikson, “The Restoration of Obliterated Passages and of Secret Writings in Diplomatic Missives,” Franco American Review 1 (1937): 243–56 description ends 242. The passage is not included in Livingston’s draft, which he substantially reworked to produce the final version.

3The “grand secret” apparently refers to secret negotiations over peace terms. In earlier letters JJ had hinted at such matters, but his extreme caution when writing did little to satisfy Livingston’s curiosity. Russia and Austria had, independently of each other, begun to sponsor the idea of a negotiated peace, and in May 1779 both nations volunteered to play the role of mediator. France rejected both offers at that time, but the services of the two neutral powers remained available, and the stage was set for future progress.

4At this time, Egbert Benson was a representative from Dutchess County to the New York Assembly. Livingston apparently felt that the troubled economic conditions of 1779 would lead many small and tenant farmers to vent their anger by turning out of office representatives such as Benson. However, Benson was reelected to the assembly. Dangerfield, Robert R. Livingston description begins George Dangerfield, Chancellor Robert R. Livingston of New York, 1746–1813 (New York, 1960) description ends , 116–17; Votes and proceedings of the Assembly of the State of New York; at their third session . . . at Kingston . . . (Fishkill, 1777 [1779]; Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–8, http://infoweb.newsbank.com/ description ends , no. 16409), entry for 18 Aug. 1779, p. 3.

5The Confiscation Act, sponsored by John Morin Scott and Sir James Jay, was adopted in March 1779 but vetoed by the Council of Revision, on which Livingston served. The assembly, with Frederick Jay voting among the dissenters, voted to override the veto, but the bill failed to secure enough votes in the senate. Egbert Benson was among the assemblymen who voted to overturn the veto. The bill was reintroduced in the next session and adopted on 22 Oct. For the text of the final act and a history of its adoption, see Jones, History of N.Y. during the Rev. War description begins Thomas Jones, History of New York during the Revolutionary War, ed. Edward F. De Lancey (2 vols.; New York, 1879) description ends , 2: 510–40. For JJ’s condemnation of the final act, see his letter to George Clinton of 6 May 1780, NNC (EJ: 7618).

6Livingston was half right: Gouverneur Morris’s enemies in the assembly were able to defeat him, but Philip Schuyler was appointed on 18 Oct. 1779 to replace JJ as a delegate from New York. Mintz, Gouverneur Morris description begins Max M. Mintz, Gouverneur Morris and the American Revolution (Norman, Okla., 1970) description ends , 135–37; Votes and Proceedings of the Senate of the State of New York . . . (Fishkill, 1777 [1779]; Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–8, http://infoweb.newsbank.com/ description ends , no. 43673), entry for 13 Oct. 1779, p. 47.

7John Peter Têtard (1722–87), a Swiss-born Protestant clergyman, had served as chaplain to the regiment commanded by Brigadier General Richard Montgomery. Têtard’s memorial, enclosed in a letter to Congress from General Washington, 4 Sept. 1778, was referred to a committee on 8 Sept. 1778. There is no record of any action taken during JJ’s term as president. Livingston secured Têtard a post as interpreter when he became secretary for foreign affairs. GWF description begins John C. Fitzpatrick, ed., The Writings of George Washington from the Original Manuscript Sources, 1745–1799 (39 vols.; Washington, D.C., 1931–44) description ends , 12: 401n; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 12: 891; William A. Tieck, “John Peter Têtard and Clermont,” in The Livingston Legacy: Two Centuries of American History, ed. Richard T. Wiles (Annandale-on-Hudson, N.Y., 1987), 136–49; and Tieck’s America’s Debt to John Peter Têtard, 1722–1787 (New York, 1987).

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