John Jay Papers

To John Jay from James Duane, 31 July 1795

From James Duane

Schenectade 31st July 1795

Dear Sir.

Among your numerous and respectable friends none can participate with more sensibility in events which concern your happiness than myself. I felicitate with you on your safe arrival, on the success of your arduous mission, and on the distinguished manner in which you have been elected to the chief seat of this government. May every blessing attend you in your domestic concerns and your public administration which an indulgent Heaven can bestow!

A mind less firm might be a little discomposed, at the clamours which have been artfully excited against the treaty by too many merely, thro’ that medium, to wound your peace and reputation: but conscious of your own rectitude, justly sensible of your eminent services, and assured of the esteem and attachment of a great majority of the people, and especially of the wise and virtuous Citizens, I am fully perswaded that you feel yourself superior to the feeble darts of Envy and despise the entreagues of malice and disappointed ambition. When we remember that it was the fate of so many illustrious Heroes and Patriots in all ages of the world, we are almost led to conclude that this species of persecution is inseperable from distinguished merit, and that it rages with a degree of fury proportioned to the excellency of the Character it aims to destroy. What a horrid image of human Depravity. I wish most earnestly to pay you my respects personally but can not reconcile it to myself to visit my native city in the degraded situation to which it is reduced by the late convulsive and most unprovoked tumult—a tumult which has shaken the very foundation of all rational liberty and good government—in which Terror and force were substituted in the place of order and deliberation; convened not to examine but, avowedly, to condemn; not to advise or recommend but to execute, silencing those Patriots who came prepared to give and receive information with stones, and then in a Phrenzy committing a treaty which had been sanctioned by two thirds of the Senate to the flames. If these, as we learn, are the facts alas what reason shall we have to blush for our Capitol when this intemperate procedure shall be recorded in the page of history.1

I flatter myself that our worthy Governour will find a time before long to receive the congratulations of his friends in the county of Albany who have uniformly rendered the tribute due to his merit. May I not hope that on such a desireable occasion you will remember your friends in Duanesburgh who have proved themselves not unworthy of a share of your attention. Schenectade might be considered as a stage: it deserves no more from you or me—and my lodge your quarters: for I have not yet been able to build at Duanesburgh for want of materials my son’s house having hitherto employed all my exertions. We wish your amiable Lady and my young friend Mr Jay may accompany you. It woud make this family peculiarly happy.

I have desired my friend Mr Bowers2 to pay you 1609. dollars ^30 Cents^ as a Fifth dividend being 9/ in the pound computed on the principal of the bonds due to the late Judge Chambers and his Lady from Mr Du Bois. you have already received a sum equal to the whole of the principal. This is a most tedious trust and has given, and continues to give me infinite trouble. I wish to see the end of it without distressing the purchasors who, tho’ they have not been punctual, there is reason to believe have in general made all the exertions in their power and will pay interest for the forbearance.

A dispute exists between Doctors Livingston and Jones executors of our late uncle Mr Philip Livingston, and myself as acting trustee for Mr Du Bois’s creditors. We adjusted the demand within about £ Messrs Harrison and Cosine gave an opinion in favor of the Doctors with respect to the ballance in question, but apprehending it was on an imperfect statement I sent one comprehending all the circumstances to the latter gentlemen with a diferent conclusion. It did not produce conviction and we agreed to refer the decision to professor Kent chosen on my part and on their’s Mr Hoffman. The case I stated the Doctors promised to return or to furnish a copy of it as I had no draft. Mr Bowers will present it to you. I wish you to peruse it and if you think my opinion well founded, your son will be so obliging as to deliver it to Mr Kent and request him To apprize Mr. Hoffman of his readiness to confer on the subject— any elucidation it may require you will be pleased to add. Were I present I coud offer nothing to strengthen the equity on our side. If the merits, in your Judgement, lie with the Doctors the creditors will be contented and it need not be pursued further. Altho’ the sum is not of much moment I thought our relations pressed too hard. They make an enormous advantage by the rise of the lands on the purchase money which, till very lately, they could not raise out of the embarrassed estate of their testator; and being of this opinion I did not find myself at liberty to gratify them.3

With every sentiment of affectionate attachment and esteem for yourself and the sincere respects and best wishes of this family for Mrs Jay young Mr Jay and the young Ladies— I have the honor to be—Dear Sir your Excellency’s most obedient and very humble Servant,

Jas: Duane

His Excellency Governor Jay
Schenectade 3d September.—

Mr Bowers having extended his excursion much farther than I expected has occasioned the delay of this Letter—

ALS, NNC (EJ: 05565). Endorsed: “… red. & and. Septr. 1795”. LbkC, in JJ’s hand, NNC: JJ Lbk. 10 (EJ: 12887). For JJ’s reply, see his letter of 16 Sept. 1795, below.

1Duane is apparently responding to accounts of town meetings held in New York following the Senate’s ratification of the Jay Treaty. Handbills and announcements printed in New York newspapers called for a meeting of the citizens at noon on Saturday, 18 July, “for the purpose of joining our fellow citizens of Boston, who last Monday [13 July] unanimously adopted resolutions expressive of their detestation of the treaty with Great Britain” and “conjuring them to come forward like freemen, and declare the treaty a disgraceful one, ruinous to our commerce, &c.” Federalists led by AH sought to block such actions. On Friday evening a small group of merchants met at Tontine Hall with James Watson in the chair. AH and RK addressed them. The group developed a plan of opposition and distributed handbills challenging the town meeting to discussion and urging full attendance. In response to these notices a large crowd of both Republicans and Federalists assembled on Saturday at Federal Hall where AH, supported by RK, Josiah Ogden Hoffman, Richard Harison, and others, tried to address the crowd, but were interrupted by a call for selecting a chairman for the meeting. William Stephens Smith was elected chair. Republican Peter R. Livingston attempted to address the chair but was interrupted by AH, whereupon, following a procedural vote, Livingston was chosen to speak but could not be heard due to the “confusion” at the meeting. A motion was made to split the meeting so that those who disapproved of the treaty should go to the right and those who approved should go to the left. AH again attempted to speak but could not be heard over the hissings and hootings of the crowd. Some accounts further stated the AH was hit in the head by stones thrown by the crowd.

Brockholst Livingston then argued that since the treaty had already been published and was available to everyone, he presumed the assembly had already made up its mind and there was no need to procrastinate the object of the meeting, which was to express the group’s opinion on the treaty. He did suggest that if there were some present who had not reached a decision they could go to a nearby church where a treaty opponent would debate the treaty article by article with AH, but that effort failed. A group of about 500 then split off, proceeded to The Battery, formed a circle, and burnt a copy of the treaty in front of the governor’s house. AH introduced a resolution at the main meeting stating it was unnecessary to give an opinion on the treaty; it was noisily rejected by the crowd. A motion was then carried for appointing a committee to draft resolutions expressing disapprobation of the treaty. The meeting adjourned to await the report of the committee.

On Monday, 20 July, the citizens reassembled at noon and confirmed the selection of membership of the committee; Brockholst Livingston introduced resolutions opposing the treaty which were approved by the crowd, reportedly of 5,000–6,000 people, and immediately sent by express to GW. The conflicts at these meetings also resulted in a proposed duel between AH and Republican James Nicholson, which was ultimately averted. For accounts of the meetings and for the resolutions, see the Argus, Greenleaf’s New Daily Advertiser (New York), 17, 18, 20, 21, and 25 July 1795; William S. Smith, “To the Citizens of New York”, 18 July, broadside, DLC; PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 18: 485–89nn31–33; and RK to Christopher Gore, 24 July 1795, Life and Correspondence of Rufus King, 2: 16–17. On the proposed duel, PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 18: 501–2; 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 , 18: 370–82. See also New–York Gazette, 20 July; Dunlap’s American Daily Advertiser (Philadelphia), and the Philadelphia Gazette, both 21 July; Gazette of the United States (Philadelphia), 21 and 23 July; Aurora General Advertiser (Philadelphia), 22 July; New– Jersey Journal (Elizabethtown), 22 July; Connecticut Gazette (New London), 23 July; Albany Register, (24 July); Federal Intelligencer (Baltimore), 24 July 1795. These Accounts were later repeated in more distant newspapers, especially in New England.

2Probably Henry Bowers Jr., whose daughter Mary Ann (1773–1828) married James Chatham Duane (1769–1842) in 1792. “Judge Chambers and his Lady” were JJ’s uncle John Chambers (1710–64) and aunt Ann Van Cortlandt Chambers, sister of JJ’s mother. JJ was the executor of their estate. Duane was the agent for the creditors of the loyalist Peter Dubois, former New York City Magistrate of Police under British occupation. Edward P. Alexander, A Revolutionary Conservative: James Duane of New York (N.Y., 1966), 36.

3Philip Livingston, “The Signer” was the brother of William Livingston, SLJ’s father, and Duane’s father–in–law, Robert Livingston. Dr. Livingston was John Henry Livingston, LL.D., and Dr. Jones was Thomas Jones, physician, both of whom were married to daughters of Philip. A third administrator was Henry Brockholst Livingston. PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 26: 474–76. The other New York lawyers consulted were Richard Harison, John Cozine, and Josiah Ogden Hoffman.

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