John Jay Papers
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From John Jay to Benjamin Kissam, 12 August 1766

To Benjamin Kissam

New-York, 12th August, 1766

Dear Sir:

To tell you that I often find myself at a loss for something to say, would be telling you nothing new; but to inform you that whenever I sit down to write, my invention makes a point of quarrelling with my pen, will doubtless be to account for the . . . in my letters. In writing to those who, I know, prefer honest hearts to clear heads, I turn thought out of doors, and set down the first ideas that turn up in the whirl of imagination. You desire me “to give you some account of the business of the office:”1 whether my apprehension is more dull than common, or whether I have slept too late this morning and the drowsy god is still hovering over my senses, or from what other cause, matter, or thing I know not; but I really do not well understand what you would have me do. You surely do not mean that I should send you a list of new causes on your docket; for I imagine ’tis perfectly indifferent whether you receive a fee in the cause A. vs. B., or B. vs. A.: the number of them, indeed, may (as the New-England lawyers’ phrase is) be a matter of some speculation. And, therefore, to remove every hook and loop whereon to hang a doubt, I won’t acquaint you that there are a good many; for you and I may annex different ideas to these words—but that you have—new ones in the Supreme,2 and—in the Mayor’s Court.3

If by wanting to know how matters go on in the office, you intend I shall tell you how often your clerks go into it; give me leave to remind you of the old law maxim, that a man’s own evidence is not to be admitted in his own cause. Why? Because ’tis ten to one he does violence to his conscience. If I should tell you that I am all day in the office, and as attentive to your interests as I would be to my own, I suspect you would think it such an impeachment of my modesty as would not operate very powerfully in favour of my veracity. And if, on the other hand, I should tell you that I make hay while the sun shines, and say unto my soul,—“Soul, take thy rest, thy lord is journeying to a far country;” I should be much mistaken, if you did not think the confession looked too honest to be true.

When people in the city write to their friends in the country, I know, it is expected that their letters should contain the news of the town. For my part, I make it a rule never to frustrate the expectations of my correspondents in this particular, if I can help it; and that as much for my own sake as for theirs: for it not only saves one’s invention a good deal of fatigue, but fills up blank paper very agreeably. Things remain here, if I may speak in your own language, pretty much in statu quo. Some, with reluctance, shuffling off this mortal coil; and others solacing themselves in the arms of mortality. The ways of men, you know, are as circular as the orbit through which our planet moves, and the centre to which they gravitate is self: round this we move in mystic measures, dancing to every tune that is loudest played by heaven or hell. Some, indeed, that happen to be jostled out of place, may fly offin tangents like wandering stars, and either lose themselves in a trackless void, or find another way to happiness; but for the most part, we continue to frolic till we are out of breath; then the music ceases, and we fall asleep. It is said you want more soldiers. I suspect Mr. Morris4 was lately inspired by some tutelar deity. If I remember right, he carried a great many flints with him. Good Lord deliver you from battle, murder, and from sudden death.

Pray, how do all these insignia of war and blood-shed sit upon Sam Jones’s lay stomach. I wonder how he can bear to see Justice leaning on an officer’s arm, without getting a fit of the spleen; or behold the forum surrounded with guards, without suffering his indignation to trespass on his stoicism. I dare say he is not much pleased with such unusual pomp of justice, such unprecedented array of terror; and would rather see the court hop lamely along upon her own legs, than walk tolerably well with the assistance of such crutches. God bless him. I wish there were many such men among us; they would reduce things to just principles.5

I have just read over what I have written, and find it free enough in all conscience. Some folks, I know, would think it too free, considering the relation we stand in to each other.

If I were writing to some folks, prudence would tell me to be more straight-laced: but I know upon what ground I stand; and professional pride shall give me no uneasiness, while you continue to turn it, with Satan behind your back. Yours, truly,

John Jay

Printed, HPJ description begins Henry P. Johnston, ed., The Correspondence and Public Papers of John Jay (4 vols.; New York, 1893) description ends , 1: 4–7.

1Kissam was in Albany, defending William Prendergast, the leader of the tenant rioters. The widespread dissatisfaction among New York tenant farmers reached a peak in 1766 with riots throughout the colony. On 26 June, Harmanus Schuyler, Albany County sheriff, led a posse of 105 men to evict rebellious tenants of the Van Rensselaer family. In the skirmish that followed, Cornelis Ten Broeck was killed and seven other members of the sheriff’s party were wounded. From 29 July to 14 August, a special court of oyer and terminer, headed by Chief Justice Daniel Horsmanden, was held to try the rioters. Kissam unsuccessfully argued that Prendergast was not guilty of treason, by reason of acting on a personal grievance against the landlords. Prendergast was found guilty of high treason on 11 Aug., and sentenced to be drawn and quartered. However, his wife, Mehitable, obtained a royal pardon for her husband. Other defendants were sentenced to fines and imprisonment. New-York Gazette, 7 July, 28 July, and 11 Aug. 1766; Connecticut Courant, 8 Sept. 1766; Thomas J. Humphrey, Land and Liberty: Hudson Valley Riots in the Age of Revolution (De Kalb, Ill., 2004), 68–78.

2New York’s Supreme Court of Judicature was established in 1691.

3New York City’s Mayor’s Court was the oldest of its kind in the colonies, having been established under the Dutch and continued under the 1683 English charter. Presided over by the mayor, alderman, and recorder, the court consisted of a court of common pleas and of quarter sessions for trying criminal cases. Erwin C. Surrency, “The Courts in the American Colonies,” American Journal of Legal History 11 (1967): 347–76.

4Richard Morris.

5Samuel Jones (1734–1819), a New York lawyer who had clerked under William Smith. JJ is probably referring to the presence of troops in Albany in association with the tenant riots and the subsequent trials.

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