John Jay Papers

To John Jay from John Drayton, 29 January 1794

From John Drayton

Charleston. January 29th: 1794

My Dear Sir.

I embrace the earliest opportunity which I have had since my arrival at this place, of performing a promise which I have never forgotten; it was to send you some nankeen cotton, being the growth of Carolina. Pray, do me the favor of accepting it.1 Perhaps the young ladies may manufacture some thing out of it, with the assistance of their spinning wheel; while taking advantage of the first approach of spring, you may give the seed a trial by sowing them. And should the seasons favor their visitation so, that you may be able to reap from them the smallest particle of cotton, it would afford me a singular satisfaction.

The business and pursuits of life, are so various and unexpected; that even probabilities cannot afford me a clue, by which I may be led to flatter myself when I may again wait upon your family at New York. But believe me Sir whenever it should happen, it will be with the most heart felt Satisfaction. Indeed, among my present enjoyments the remembrance of those hours wherein I have both received instruction and pleasure under your roof, present to me the most acceptable gratification.

Since my arrival here, it has been my fate to be holden up as a Representative of this State, to the opposing shifts of public opinion. However, conscious of my own integrity, and the purity & propriety of my conduct respecting which I am attacked; I stand firm in the full expectation that I, and those concerned with me, shall not only be justified in the eyes of the public; but that confusion shall fall upon those, who are the shameless actors in the business against me— The history of it, is this— In december last, at the meeting of the Legislature, a committee consisting of Coll. Anderson, Henry William De Saussure, John Rutledge Jur, Captn. Wm Butler, Myself, Timothy Ford, and James Green Hunt, were appointed to enquire into the truth of a report, that divers persons were recruiting troops in the bosom of the union, under foreign authority. And for the full execution of such appointment, were by resolve of the house vested with full powers to send for persons, papers, and records— In consequence of which, after due enquiry, we fully and particularly reported to the house, the truth of the suppositions: That Mr Genet, minister of France was the source of them; and that divers persons among whom was a cousin of mine (Stephen Drayton late secretary to our governor) were principal actors in the recruiting business, and were guilty of high crimes & misdemeanors, This report was unanimously agreed to by both branches of the Legislature; and was directed to be sent on by the Governor with other papers relating thereto, to the President of the United States; and the Governors of North Carolina, and Georgia.

As no time was to be lost in a matter of such importance, where secrecy and dispatch was necessary to crush this rising sedition, we, upon submitting affidavits of facts to the Judges of our State who were at Columbia, obtained bench warrants against the aggressors: by virtue of which, Stephen Drayton, and John Hamilton have been arrested; and will be tried at the next federal Court. We did more— We sent a special messenger cloathed with full powers from us, to search their papers: and to bring what might relate to the charges against them, to us, at Columbia. In consequence of which, we obtained a paper, which was referred to by almost all the affidavits; and which strengthens the truth against them, in a forcible light. In the performance of this last duty, the messenger was obliged after calling in a justice of the quorum, to break open Stephen Drayton’s locks, he refusing to deliver the Keys— This, has given rise to a publication of Stephen Drayton’s, against us, in which he particularly mentions our names, and charges us with trampling upon the rights of freemen. (I have endeavoured to obtain one of them for your perusal, but cannot). He has now done more. He has actually commenced a civil suit against De Saussure, Ford, Rutledge, & myself, for the amount of Sixty thousand dollars: and has also done the same by the other three gentlemen of the committee, who reside in the interior part of the State. I do myself the pleasure of enclosing you a copy of the writ, served upon us in Charleston: and I made no doubt supported by all the exertions & counsel of the french faction. It is astonishing, how much footing it has in this Country! Even our very Executive, is supposed not to be a little influenced by it. And while men of sense, and character, perceive the unhappy tendency of public conduct in this State, they can scarcely do more at present, than deplore the public misfortune.

One would imagine, that in so arduous a cause as this will be, in behalf of the Plaintiff; when he opposes himself to the act of our collected legislature; (for what we have done, has been approved by it): that it would have been brought forward by Counsel of the must unblemished characters, and firmest integrity. But, how different is the Case? Their champion is Mr Alexander Moulton; the late Attorney general of our State— who for gross misbehaviour in office was impeached before the Senate, in december last, convicted, and disqualified from holding any office under the State for the term of Seven Years!— How well, does this passage of Cicero here apply “Cognosce ex me, quoniam hoc primum tempus discendi nactus es, quam multa esse oporteat in es, qui alterem accuset: ex quibus, si unum aliquod in te cognoveris, ego jum tibi ipse istuc, quod expetis, mea voluntate concedam. Premium integretatem; utque innocentiam singularem; nihil est enim quod minus ferendum sit, quam rationem ab altero vita reposcere eum, qui non possit suae reddere![”]2 Besides, upon another account it comes with a worse grace from him, than from any other man: as Col. Anderson, Mr DeSaussure, Mr Hunt, and myself, were managers appointed by the house of Representatives, who conducted the prosecution against him.3

While it gives me pain that any one of the name which I bear, should have acted thus unworthy of his station, as an American citizen: I enjoy a pleasure in reflecting that there have not been wanting others of the same family, who have not shrunk from their duty in subjecting him to punishment: and thus I hope, averting the fall of any imputation upon a family’s principles, on his account.

Permit me to request, that my respectful remembrance may be presented to Mrs. Jay, your son, and the young ladies: and beleive me My Dear Sir with the most unfeigned sincerity to be respectfully, and affectionately Your most Obedient and Very humble Servant.

Jn: Drayton

The Honble John Jay

ALS, NNC (EJ: 09824); Typescript, NNC (EJ: 11222). John Drayton (1766–1822), a Charleston lawyer and rice planter, educated at Princeton, and the Inns of the Court, London, and son of former Continental Congress delegate William Henry Drayton, was serving as a member of the South Carolina House of Representatives (1792–98). He was later lieutenant-governor (1798–1800) and governor (1800–1802, 1808–10); mayor of Charleston (1803–4); a member of South Carolina senate (1804–8); and U.S. District Court judge, South Carolina district (1812–22). Drayton was introduced to JJ in a letter from Edward Rutledge, 1 June 1793, ALS, NNC (EJ: 07100). See J. S. R. Faunt, W. B. Edgar, and N. Louise Bailey, et. al., eds., Biographical Directory of the South Carolina House of Representatives (5 vols.; Columbia, 1974–92), 4: 162–64.

1On the distribution of the cotton, see also JJ to Drayton, and to GW, both 1 Mar., below; and PGW: PS description begins Dorothy Twohig et al., eds., The Papers of George Washington, Presidential Series (19 vols. to date; Charlottesville, Va., 1987–) description ends , 15: 302, 328.

2The quotation is from Cicero’s In Caecilium 9.27. in Verrine Orations. A translation given in Cicero, The Verrine Orations: Speech Delivered against Quintus Caecilius Niger, trans. L. H. G. Greenwood (Cambridge, Mass., and London, 1928), 24–27, reads:

Let me instruct you, this being your first opportunity of gaining such instruction, as to the many qualifications a prosecutor must possess: and if you find that you possess any single one of them, you may have what you are seeking, for I shall be willing to withdraw in your favour.

First, a prosecutor must possess a particularly upright and blameless personal character; nothing could be more intolerable than that a man whose own conduct will not stand criticism should proceed to criticize the conduct of someone else.

3The South Carolina House of Representatives had appointed John Drayton to a committee chaired by Robert Anderson (1741–1812), and also including Henry William De Saussure (1763–1839), John Rutledge Jr., William Butler (1759–1821), Timothy Ford (1762–1830), and James Green Hunt (d. 1794), with full powers to send for persons and papers to investigate reports that persons under foreign authority were raising an armed force in the state. On 3 Dec. Anderson directed Col. Wade Hampton to summon John Drayton’s cousin Stephen Drayton (1736–1810), John Hamilton (Hambleton), and others to appear before the committee and to search their papers for evidence. After Hampton seized Drayton and forced him to appear before the committee in Columbia, Drayton hired Alexander Moultrie, attorney general of the state from 1776 to 1792, to sue the committee for $60,000 in damages. The House resolved that members could not be sued for actions taken in the House, and summoned Drayton and Moultrie to appear before the House on contempt charges. They refused to attend. In 1794 Moultrie published a pamphlet taking his case to the people. Drayton was indicted by the Grand Jury of the Circuit Court in South Carolina in May 1794 for enlisting in the service of France for planned attacks on Spanish territory; he subsequently went to France. See PTJ description begins Julian T. Boyd, Charles T. Cullen et al., eds., The Papers of Thomas Jefferson (42 vols. to date; Princeton, N.J., 1950–) description ends , 34: 391–92; PGW: PS description begins Dorothy Twohig et al., eds., The Papers of George Washington, Presidential Series (19 vols. to date; Charlottesville, Va., 1987–) description ends , 14: 483–88; Alexander Moultrie, An Appeal to the People, on the Conduct of a certain Public Body in South Carolina respecting Col. Drayton and Col. Moultrie (Charleston, 1794; 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., 2006–16, http://infoweb.newsbank.com/; Early American Imprints, series 2: Shaw-Shoemaker, 1801–1819 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–16, http://infoweb.newsbank.com/ description ends , no. 27354); S. Drayton to Citizens Markland and McIver, 10 Dec. 1793, General Advertiser (Philadelphia), 7 Jan.; House of Representatives, 2 May, City Gazette (Charleston), 15 May; House of Representatives, 3 May, Columbian Herald, 28 May; American Minerva (New York), 7 June 1794; Ulrich B. Phillips, “South Carolina Federalists II,” AHR description begins American Historical Review description ends 14 (July 1909), 734.

Index Entries