From John Jay to John Trumbull, 27 October 1797
To John Trumbull
Albany 27 Octr. 1797
Dear Sir
I recd. three Days ago by the post, your Letter of the 7 August, in which was a Copy of the one you had written on the 20 July, and the original of which I had recieved and read with Pleasure.1
The Difficulty and Delicacy of your Task my good Friend! are obvious, and ^but^ I flatter myself the Reputation to be derived from it, will soften the Trouble & anxiety it gives You. It was not to be expected that the Judgments of the Commissrs. would not frequently differ, for the best Judges sometimes
vary in opinion from each other; but it is to be expected as well as wished, that their Decisions may bear the Test of the severe Examination, which they will certainly at one Time or other undergo.
I am glad the Payments you allude to have been made; and I hope the Business will continue to be conducted with such Prudence as well as Justice and Equity, as that no obstacles may arise from Disgust or Irritation on either Side. The Delays of the Court of Admiralty do not surprize me. I have no Faith in any british Court of admiralty; tho I have the greatest Respect for and the highest Confidence in their Courts of Justice; in the number of which those Courts do not deserve to be ranked— I do not extend this Stricture to the Lords of appeal—
The question you hint at is interesting, perhaps a mode might be devised for making and recieving claims de bene esse—but if any thing of that kind should be done, it should be on more mature consideration than that on which I suggest it,— it is a Thought which just occurs to me, and which I have not examined2
I am settled here with my Family at least for the winter— The Legislature have determined that this City shall be the Seat of Governmt. and that the principal public offices shall be here.3 our Friend Benson is in New York in bad Health; and there is some Reason to fear that his Disorder (a Weakness in his Bowels) will be tedious, and perhaps never perfectly cured. When a young Man he was indisposed with it for several Years.
As to Politics, we are in a better state than we were, but we are not yet in a sound State— I think that nation is not in a sound State whose Parties are excited by objects interesting only to a foreign Power— I wish to see our People more americanized, if I may use that Expression. Untill we feel and act as an independent nation, we shall always suffer from foreign Intrigue.
whether peace in Europe would ensure peace to america, is a Question on which Doubts are entertained. In my opinion it will depend on Circumstances, and not on any Right or wrong about the matter.
Remember me to our Friends Mr King and Mr. Gore. I owe Letters to them and to others—but the Fate of Letters has been so precarious, that I have written much fewer than I should otherwise have done — I am Dear Sir yours Sincerely
John Jay
Col. John Trumbull
ALS, N (EJ: 11256). Addressed: “Coll: John Trumbull / London”. Endorsed: “… Recd. London January 9th / Ansd. March 6th.“ Dft, NNC (EJ: 13085); , 2: 283–84; , 4: 231–33.
1. JT to JJ, 20 July and 7 Aug. 1797, both above.
2. In his letter of 7 Aug., JT had raised the question of what to do if the slow pace of decisions in the British admiralty courts meant few cases could be referred to the claims commission before the deadline for submission of appeals. For the work of the commission, see the editorial note “Aftermath of the Jay Treaty: Responses, Ratification, and Implementation,” above.
De Bene Esse: Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings that are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject to future exception or challenge, and must then stand or fall according to their intrinsic merit. Black’s Law Dictionary Online.
3. See the editorial note “The Capital Moves to Albany,” above.