To John Jay from Robert Troup, 5 November 1798
From Robert Troup
New York 5 November 1798
Dear Sir,
The letter which the Attorney General lately received from you in relation to his office has been shewn both to General Hamilton and to me.1
Notwithstanding my ardent desire to withdraw myself from all concerns of a public nature I find it impracticable in some instances, without great violence to my feelings, to avoid a communication of circumstances which have come to my Knowlege. The situation of the Attorney General furnishes an instance of this Kind; and I Know you too well to believe you capable of being displeased with any information, however unimportant, that proceeds from disinterested motives.
During the Attorney General’s late arrest I gave him, at his request, all the assistance in my power; and in a short time I was made happy by his discharge. Whilst I was pursuing this object I discovered that his debts were much more inconsiderable than they were generally supposed to be: and that he was in a favorable train of negociating the settlement of such as threatened an indignity to his person. My endeavours have since been united with his to hasten the settlement; and I have good reason to conclude we shall soon be successful. Hence I cannot help persuading myself that he will not again be exposed to the severe mortification he has lately experienced.
His removal to Albany General Hamilton and I think with you to be indispensable. He concurs with us in opinion; and has come to a resolution of sacrificing his private convenience to that of the public.
From an account he has exhibited to me it appears that the State is in his debt, and I have no doubt that Carpenter’s story about the warrant is a gross calumny.
These circumstances I suggest to you as worthy of consideration before you finally determine on the propriety or impropriety of submitting to the Council the question of the Attorney General’s continuance in office. A measure which must deeply affect his reputation and the interest of his family! At the same time I acknowledge that no inducements should be permitted to interfere with a due respect to the honor & welfare of the State.2
Perhaps it may not be improper to add that it is not Known that the Attorney General, in executing any of the duties of his office, has manifested a want of attention—industry—or talents.
I cannot conclude this letter without mentioning that I have come to a candid & explicit explanation with the Attorney General on a point which has proved a source of infinite disquietude to many of your friends. It has long been thought by them that he has in several cases, where important appointments were depending, maneuvred with the members of the Council, and thus disappointed your wishes, openly expressed, in favor of better, and fitter men. This charge has been so repeatedly urged against him that I confess I have been one of those who believed it true. I told him so, but he declared it to be wholly unfounded. As I was not furnished with facts to prove the charge I proceeded to assure him that if it were true he had injured You—he had injured your friends—and he had set an example pregnant with serious mischiefs. And I added that if he persisted in the same course the inevitable consequence must be, his separation from every man who valued a virtuous and independent executive.3 My ideas on this point perfectly accord with those of General Hamilton, and he has explained himself to the Attorney General respecting it, in a manner equally candid & explicit.4 With the sincerest regard I am Dear Sir, your friend,
Rob. Troup
His Excellency Governor Jay
ALS, NNC (EJ: 07196). Endorsed: “… an[swere]d. 12 Nov 1798”.
1. See JJ to Josiah Ogden Hoffman, 22 Oct. 1798, and note 1, above, for an explanation of Hoffman’s financial troubles. AH wrote a similar letter in Hoffman’s defense, dated 8 Nov. 1798, , 22: 226–28. In his letter, AH ended by warning JJ “Let me My Dear Sir caution you on the subject of the Comptroller. He is Hoffman’s enemy on personal grounds & it is easy to confide too much in his candor.” In JJ’s reply of 10 Nov. 1798, , 22: 233–34, he cautioned AH “Should he [Hoffman] be again humiliated by a Cause: I shall certainly think it my Duty to place the office in a Situation where it will not be exposed to such Indignity.”
2. In his reply to Troup of 12 Nov. 1798, Dft, NNC (EJ: 12827), JJ emphasized his personal concern for Hoffman’s situation but noted: “From my Infancy friendly Sentiments towards ^respecting^ that Family have been habitual to me. But my dear Sir you well know that my official Duties [illegible] must prevail whenever there may be ^is a^ competition between them and personal Considerations. [illegible] An Attorney General be be exposed to the weight ^ought not to remain ever exposed to^ that oppressive ^depressing^ and painful Influences ^kind of ascendency^ which Creditors have over those who enjoy personal Liberty at their will and by their Forbearance.”
3. In his 12 Nov. reply to Troup cited in note 2, above, JJ responded to this point: “Whatever Interference Mr Hoffman may or may not have had, with the Counsels of Appointment I cannot ascertain. Certain it is however that a general Belief of it exists; admitting it to have been the Case; I never suspected him to have been actuated by any ^on any occasion by^ motives on any occasion hostile to me”.
4. In JJ’s letter to Hoffman of 12 Nov. 1798, Dft, NNC (EJ: 08466), he gave him advice on how to proceed with his difficulties and expressed happiness “to learn from your Letter that they have greatly subsided; and ^but I^ shall be ^still^ more so still be ^happy, both for your^ Sake & that of the public ^to^ be assured, that they have been surmounted; ^and that both for your part & that of the public^; for I will not conceal from you that th not only the arrests, but the mortifying over tures, mercies & ^re-iterated—Indulgencies and^ Forbearances of Creditors are ^in my opinion^ incompatable with the authority Respectability & Independence of your which should invariably be associated with your office.”