From John Jay to Samuel Bayard, 5 January 1795
To Samuel Bayard (Second Letter)
[London, 5 January 1795]
To Samuel Bayard Esqr. appointed by the President of the United States of America, Agent for Claims and Appeals &c &c &c
It Having been made my Duty to give you Instructions relative to your Agency, I think it expedient to give you the following for the present, and will add to them as circumstances may require.
Agreeable to the Advice which you have already received from me You will procure a proper Register, and enter in it the Title of every Cause, and note the different Papers which belong to it, and minute from time to time every Step and Proceeding in the Cause
You will I think find it useful to class all the Cases according to their discriminating and governing principles and Merits;— considering the Number and Variety of Cases, this cannot be hastily accomplished; much Examination Care and Judgment will be indispensable to performing it with Accuracy;— but without such a Classification there will be Danger of Confusion:— Order facilitates every kind of Business.
Make a correct Statement of One or Two Cases of each Class for the Consideration and Opinion of Counsel,— take their Opinions in Writing and send them to the Secretary of State.
With respect to such of the Classes as in their Opinion may be prosecuted with a prospect of Success, put all the Cases of such Classes as speedily as possible into a State for Decision:—but select one or two to take the lead, for formal argument; To the End that the Decrees in those Cases may become Rules whereby to decide all others under similar Circumstances;—there can be no use in expending Time and Money in causing long Briefs and laboured Arguments to be prepared in a great many Causes, whose Merits are essentially alike.
If any one or more of the Classes cannot in the Opinion of Counsel be prosecuted with a prospect of Success, you will nevertheless file the Claims and Appeals, but not proceed further, untill you shall have sent the Opinions to the Secretary of State, and received his instructions, provided there be time:— Otherwise it will be best to give One or Two of the strongest Cases a strenuous Trial, even through the last Resort; and in the mean time take care that none of the others go against you by Default.
You will find, that in many of the Cases, necessary Documents and Proofs are wanting:— in such Cases state the Defects immediately to the Secretary of State: and (when opportunities offer) write also to the Claimants or Owners; point out very particularly what you want, and the manner in which the Business should be done, and if you have doubts, consult your Counsellors:— You know that Commissions for examining Witnesses abroad may be had, and may be expedient in Cases where extra Proofs may be had, and be permitted:— By all means avoid Delay, and take care to be particularly, perspicuous and explicit in your Communications
Money will from time to time be wanted to defray the Expences incident to the Suits;— Mention this to the Secretary of State, in order that proper Measures for the purpose may be taken without Loss of Time;— The Fund I am preparing for those Expences will not be adequate;—
In some of the Cases the Claimants or Owners will probably constitute Agents of their own to manage them;— should papers respecting such Cases be in your hands, you will deliver them to such Agents, taking their Receipts for the same;— cultivate a good understanding with such Agents;— be useful to them, and endeavour to dispose them to be useful to you.
You will regularly inform the Secretary of State of your Progress and Prospects in the Business: and I think it would be well to submit to his Consideration the Expediency of sending you a formal Appointment together with such instructions as may be deemed proper.
Whenever an application to the Government here would in your Opinion be advisable, and on every other Occasion when you may desire Advice and Aid, you will apply to me, or in my absence to Mr. Pinckney.
You have undertaken an arduous task,—great Responsibility is attached to it;—Although you have able Counsellors in Sr. Wm. Scott and Doctor Nicholl,1 yet unremitted Attention and Diligence on your part will be absolutely necessary to your giving even a moderate Degree of Satisfaction to the many persons whose important Interests are confided to your Care and Management;— You will always find me ready to assist you, in so conducting your Agency, as to render it beneficial and satisfactory to them, and honourable to yourself.2 Given under my Hand and Seal at London the Fifth day of January in the Year of Our Lord, One Thousand Seven Hundred and Ninety five.
C, embedded in JJ to ER, 7 Jan. 1795, DNA: Jay Despatches, 1794–95 (EJ: 04345); LbkC, embedded in JJ to ER, 7 Jan. 1795, NNC: JJ Lbk. 8; Typescript, NNC (EJ: 12531). ASP: FR, 1: 514.
1. See William Scott to JJ, and William Scott and John Nicholl to JJ, both 10 Sept. 1794, above; and 418–19.
2. Bayard faced a daunting task when he took up his informal appointment as American agent for claims and appeals in London in early 1795. The admiralty courts and Lords of Appeal, he observed, were marred by dilatory process, undue prejudice, and government interference, causing Bayard to doubt whether these bodies would award just compensation to American merchants and shipowners. A heated exchange between Bayard and British officials over the Court’s handling of the ship Betsey nearly derailed the efforts of the recently established claims commission. Mounting expenses also proved burdensome as Bayard took on more legal counsel to deal with the heavy caseload. Despite these difficulties, the work of the commission carried on, and in late July 1797, Bayard could report with some satisfaction that upwards of £56,000 had been awarded to American claimants. For more on Bayard’s role as the American agent in London, see 408–24. The impact of the Betsey case is discussed in , 55. The high cost of attorney’s fees is discussed in Bayard to JJ, 27 Jan. 1795 (EJ: 04352); embedded in JJ to ER, 31 Jan. 1795 (EJ: 04351); ASP: FR, 1: 515. Bayard outlined his strategy for facilitating the successful conclusion of legal claims in Bayard to JJ, 31 Mar. 1795, below.