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Report on Thomas Barclay’s Arrest, 12 October 1787

Report on Thomas Barclay’s Arrest

[New York] Office for foreign Affairs, 12th October 1787

The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter of 21st. June last from Mr. Jefferson, respecting the arrest of the american Consul General in France, the proposed Post-Office Convention, and the Claims of certain Individuals against South Carolina.1

Reports.—

That his Report of the 26th. September last2 on the Petition of Messrs. French & Nephew, at whose Suit the Consul was arrested, expresses the Opinion of your Secretary on the Legality of that Arrest; and he still thinks that no Consuls should be exempted from Suits and Arrests for their own proper Debts.—

But as the Arrest and Imprisonment of an american Consul General is a Circumstance which must hurt the Feelings of the United States, and in some Degree wound their Dignity, it may be proper to enquire what Measures it would be proper to take on this Occasion.—

He thinks it would be adviseable to pass the Resolution recommended in the abovementioned Report, declaring that all american Consuls in Foreign Ports and all foreign Consuls here, are liable to Arrests &ca:—3

That your Secretary should in an informal Manner intimate to the Consul General in Question, that his Arrest and Imprisonment have given Congress much Concern, both on his Account and that of the United States. That they wish he would endeavor so to settle with his Creditors, as that he may return to France early in the Spring, without any Risque of the like Treatment in future. That although his Character and Services will always induce Congress to regret every Circumstance that may hurt either his Feelings or his Fortune, yet that the Respect due to the Dignity of the United States has also strong Claims to their Attention and Care.—

Your Secretary thinks it his Duty to inform Congress that: as well from the Opinion of Mr. Jefferson as from other Circumstances, he has Reason to believe that the Conduct of the Consul respecting his Creditors has not merited the harsh Treatment he has received from them.—

As to the proposed Post-Office Convention, your Secretary refers to his Reports of the 21st. February & 29th. March 1786 which are now before Congress.4

As to the Claims of certain Individuals against the State of South Carolina, your Secretary thinks that an Extract from Mr. Jeffersons Letter on that Subject, together with Copies of the Papers which he enclosed relative to it, should be transmitted to the State of South Carolina in order that such Measures may there upon be taken, as the good Faith of that State, and the Justice due to the Individuals in question may appear to dictate.—5

All which is submitted to the Wisdom of Congress.—

John Jay

DS, DNA: PCC, item 81, 3: 27–30 (EJ: 3923, 3927). Endorsed: “Reports Secy. forn. Affairs / On the arrest of Consul / On the post Office Convention / On Claims of S Carolina / recd. 15 Oct. 1787 / last paragraph referred / to Secy.:f:f: Affairs to take order / Oct. 15th. 1787—/ letter June 21st. from Mr Jefferson / transmitted to Sd Office”. LbkCs, DNA: PCC, item 124, 3: 149–51 (EJ: 4614); NNC: JJ Lbk. 3.

1See TJ to JJ, 21 June 1787, with enclosures, LbkC, DNA: PCC, item 107, 2: 16–38; PtC, DLC: Jefferson (EJ: 10148); PTJ, description begins Julian T. Boyd, Charles T. Cullen et al., eds., The Papers of Thomas Jefferson (41 vols. to date; Princeton, N.J., 1950–) description ends 11: 487–500.

2See JJ’s report of 26 Sept. 1787, on the petition of Messrs. French & Nephew, DS, DNA: item 81, 3: 1–3 (EJ: 3917); LkkC, with petition, DNA: PCC, item 24, 3: 120–26 (EJ: 4609).

3JJ had previously recommended this policy to Congress in his report of 13 May 1785, DS, DNA: PCC, item 81, 1: 219–21 (EJ: 3834), on which see JJ to John Lowell, 10 May 1785, above.

4See JJ’s Reports to Congress, 21 Feb. 1786, DS, DNA: PCC, item 81, 2: 35–38 (EJ: 3883); 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 30: 80–82; and 29 Mar. 1786, above.

5On 18 Oct., JJ wrote to Governor Thomas Pinckney of South Carolina enclosing an extract of TJ’s letter of 21 June 1787, cited in note 1, and copies of a petition from Jacques-Nicolas Mayeux to TJ, 9 Apr., and of Castries to TJ, 19 Apr. 1787, and of the “Advice to the Volunteers” who embarked on the Frigate Indien, later renamed the South Carolina, all relating to claims against the state. See OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com. description ends , 18 Oct. 1787 (EJ: 3780); PTJ, description begins Julian T. Boyd, Charles T. Cullen et al., eds., The Papers of Thomas Jefferson (41 vols. to date; Princeton, N.J., 1950–) description ends 11: 300–301; and, for the letter to the governor, LbkC, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 3: 293 (EJ: 2196). JJ informed TJ of this action in his letter of 24 Oct. 1787, C, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 285–88 (EJ: 2517); Dft, NNC (EJ: 5824).

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