From John Jay to John Temple, 15 August 1787
To John Temple
New York 15 Augt. 1787—
Dear Sir
I am sorry it is not yet in my Power to tell you any thing decisive and satisfactory respecting the Question between you & the collector.1 The want of a sufficient number of States in congress has prevented my asking & recieving their orders on the Subject.2
Your attention to the Rights of Office is certainly proper; and I assure you of my Disposition to secure to you the perfect & uninterupted Enjoyment of them. Permit me however to observe that I have doubts whether the Laws or usage of Nations the most civilized and hospitable, give to consuls an Exemption from established Imposts and Duties. As to there being no Treaty of Commerce subsisting between our countries, I cannot think that circumstance ought to have Influence on the present Question.
In my opinion it will be best to have all doubts removed by an act of Congress, so that one stated and known Rule may in future govern all such Cases. For this Purpose it appears to me expedient to request the Favor of You to write me a few Lines stating your Case accurately & concisely. I regret giving you this, or any other Trouble, for it really is my wish and Desire to cultivate good Humour and abate Irritation between Britain & America, and to see their respective officers easy & happy in each others Countries—I have the Honor to be Sir Your most obt. Servt.
John Jay
Sir John Temple
1. The New York collector of customs had assessed import duties on a small box of tea and some silk sent as a gift to Lady Temple from Canton. Her husband, without demanding special privileges, had asked if this assessment by the state of New York was proper. See Temple’s account written at JJ’s request, Temple to JJ, 16 Aug. 1787, LS, DNA: PCC, item 92, 516–19 (EJ: 10858); LbkC, , 3: 269–70 (EJ: 2163); 6: 33.
2. Congress was unable to assemble a quorum during the six-week period 9 Aug.–20 Sept. 1787. On the latter date, Congress received JJ’s 17 Aug. 1787 letter enclosing Temple’s letter of 16 Aug., which was referred back to JJ on 21 Sept. to report. JJ’s report of 25 Sept., read 26 Sept., and adopted by Congress on 28 Sept., opposed exemptions from duties for any consuls. See JJ to the President of Congress (Arthur St. Clair), 17 Aug., LS, DNA: PCC, item 80, 3: 297 (EJ: 300); LbkC, , 3: 270 (EJ: 2164); JJ’s report of 25 Sept., and JJ to Temple, 2 Oct., both below; and 33: 466, 483–87, 506, 513n.