John Jay Papers
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https://founders.archives.gov/documents/Jay/01-06-02-0166

From John Jay to Timothy Pickering, 14 October 1795

To Timothy Pickering

NYork 14 Octr. 1795

Sir

I was Yesterday ^afternoon^ honored with yours of the 10 Inst. enclosing ^a^ copy of your Letter to Messrs. Lewis and Rawle and ^of^ their opinion on the points stated in it.—1 Notwithstanding my Respect for the Talents & Candor of those Gent. I do not ^yet I do not hesitate to say that^ the Cognizance and Powers given to the Commissioners designated in the 6 and 7 articles of the Treaty are ^in my opinion^ vastly more comprehensive than those Gentlemen consider them — indeed I cannot concieve how it was possible to give them ^Com[missione]rs^ greater Latitude, consistantly with Reason and common Sense, than by authorizing ^them^ to “decide the claims in question according to the merits of the several cases and to Justice Equity and the Laws of Nations [”]— If it be asked what are the Claims and cases which they are authorized ^so^ to decide—let it be answered in the words ^Language^ of the Treaty— all claims of for, and cases of, Losses and Damages by Reason of illegal ^caused by^ irregular or illegal captures or condemnations of american vessels or other Property under colour of authority or commissions from his B.2 Majesty, and in which cases adequate compensation cannot for whatever Reason be now actually obtained had and recd. in the ordinary Course of judicial Proceedings Justice—

The Duty of the Commissioners is two fold— ^first^ to decide on the merits ^of all^ claims ^made^ in such Cases, according to Justice Equity and the Laws of Nations, and secondly to ascertain the and award the amount of the Losses and Damages sustained by ^those^ Claimants in whose favor they decide the merits of the case to be—

If acts contrary ^as on the one Hand no^ Legislative or judicial acts contrary ^acts in this country, repugnant^ to the Treaty of Peace [illegible] should deprive ^and prejudicial to^ British Creditors of their Rights under that Treaty The Commrs Hands of commissioners are not to be restrained ^by those act^ from doing ^can restrain the Comrs under the 6 art: from doing Justice to those creditors ^Justice3 by those acts ^to those Creditors^ If ^so^ on the other ^Hand^ ^no^ Royal Instructions, or Decisions of Courts ^given^ made and ^or^ executed contrary to the Laws of Nations to Justice or Equity should have occasiond ^and causing^ Losses and Damages to American Citizens ^can restrain^ the Comrs under the 7 art are not restrained from thereby from doing Justice ^that Right to the claimants wh. Justice Equity & the Laws of Nations may prescribe^ Compleat and perfect Justice to all parties is the object of both ^the^ articles, and the Comrs are empowered to do it, ^as^ in wor Terms as explicit and comprehensive as the English Language affords

I would with great pleasure take up and consider this subject at large and give you a formal opinion upon it— But circumstanced as I am But it does not appear to me ^I must doubt the utility to or^ expediency in the present Moment, to ^of^ bringg forward to the public ^Merchants or other Description of people^ any opinions of mine on any parts of ^relative to these or other articles of^ the Treaty—4

on recieving your Letter I took the Liberty of communicating it ^this morning^ to Col. Hamilton ^the opinion of Mr Lewis & Mr Rawle^ and with his Permission enclose open for your Inspection a Letter from him to Mr Woolcot, in which you will find his sentiments on the points in Question—5 I have the Honor to be with great Respect & Esteem Sir yr most obt. & hble servt

The Honle. Timy Pickering Esqr

Dft, NNC (EJ: 09484). LbkC, NNC: Lbk. 10 (EJ: 12874).

1See TP to JJ, 10 Oct. 1795, above, and notes.

2The LbkC reads “brittanic”.

3This word does not appear in the LbkC.

4Here in the manuscript the following section is crossed out: “A spirit of Delusion and Deception arising from the Fermentation of impure Politics and mischievous machinations is spread and spreading thro the County; and I trust it will finally be dissipated by the wisdom and Firmness of the Government and by the Virtue and good Sense still remaining among the People— In the meantime However circumspection is necessary, and the most guarded Prudence must accompany so vigorous Measures—”.

5See AH to Oliver Wolcott Jr., 13 Oct. 1795, PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 19: 314–18.

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