John Jay Papers
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To John Jay from Samuel Bayard, 31 March 1795

From Samuel Bayard

Hatton street. 31. March. 1795.

Dear Sir—

Agreeably to your request as conveyed to me by your note of the 28 instant,1 I have now the honor to send you a statement “of the number & description of the classes into which I have divided the cases.”

It is necessary however previously to mention that in conformity with your instruction “by all means to avoid delay,” my first attention has been directed to the entry of appeals & the taking out of process, in all these cases in which the papers would authorize the step. & in which the legal time of appeal was about to expire. By this precaution there has been a considerable saving of time & expence.

The next principal object of regard was to ascertain those cases in which from a deficiency of information no proceedings can yet be had. It appeared to me of importance to forward a list of these as early as possible to the Secretary of State, that our Government & citizens might without loss of time he enabled to furnish the documents that may be necessary for obtaining justice in the same. These two objects are now nearly accomplish’d. I have reason to believe that by yourself Sir, I shall be able to forward to the Secretary of State, the last process that can at present be issued in the cases now under my care.

My next attention will be directed to having our causes prepared for a hearing. In doing which the classifications you have recommended will regularly be made—

From the examination I have already given the cases, I find they will chiefly be comprehended under as to their principles & merits, under the following classes—

1. Where our vessels have been taken & condemn’d under the orders of the 6. of Nover. 1793.

2. Under colour of those of the 8th janr. 1794.

3. Under pretence of being French property—or—as belonging to American citizens resident within the Territories of France.

4. Under pretence of trading with blockaded places

5. Where both vessel & cargo—or only one of them has been restored, but without costs of damages.

It is proper to mention that a decree has lately been made by the Judge of the Admiralty, in a case that falls within the principle of the first class: which so far as it goes is favourable to American claimants. But as the Captors have appealed from this sentence it remains to be determin’d finally by the Lords of Appeal whether they will affirm or annul the same—

In regard to the last of the above classes, I think some arrangement will be made which will save the expence, delay, & trouble of an appeal. In each of the above classes the opinion of Counsel will be taken agreeably to your instructions, where that has not been done already, before further proceedings are had. Where there is a reasonable ground to expect success I shall take care, that as far as lies in my power, the strongest cases shall be first brought forward for argument & decision. If in the opinion of Counsel success in any be doubtful, I shall forward such opinion to the Secretary of State, as you direct Sir. & wait his instructions in regard to the prosecution of abandonment of the suit. I have the honor to be with perfect respect & esteem Dear Sir Your obdt. and hble. serv.

Sam. Bayard

Honble. John Jay Esqr.

ALS, NNC (EJ: 12842).

1Letter not found, but see JJ to Bayard, 5 Jan. 1795 (Second Letter), above.

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