From John Jay to Samuel Bayard, 5 January 1795
To Samuel Bayard (First Letter)
[[London] 5th. Day of Jany [1795]]
To Samuel Bayard Esqr.
Whereas the Secretary of State of the united States of america hath officially informed me that the President of the said united States has been pleased to appoint you agent to manage claims and appeals in Cases of irregular or illegal Captures or Condemnations of american Vessels or other Property under Colour of authority or Commissions from his britannic majesty and whereas it will be necessary to the Prosecution of the said Claims & appeals that the usual Security for costs in each Cause be given and whereas Henry Mr. Bird Merttins Bird, Benjamin Savage, and Robert Bird1 ^trading under the firm of Bird Savage and Bird^ have offered to become Sureties ^jointly or separately as may be required^ in the usual Sums and Form for the payment of such Cash as may be legally decreed against any such Claimants and ^or^ appellants ^[In margin at bottom of page and marked for insertion here] and also for the payment of such sum or sums of money which they may be called upon to advance for the prosecution of such claims and appeals^ on the Faith and Engagement of the said united States to indemnify them for any Losses or Damages which they may sustain thereby.2 And whereas I am empowered and instructed to authorize you to execute Bonds and make Engagements (under my Direction) to effectuate the said purposes now therefore I do hereby authorize you, in your Capacity of agent aforesaid to pledge the Faith of the said United States to the said Bird Savage and Bird that the said united States shall and will well and truly indemnify and keep harmless the said Bird Savage and Bird and each and every of them, and their respective Heirs Ex[ecutor]rs. and adm[inistrato]rs. from and against all Damages Cash and Charges which they shall legally sustain or ^necessarily^ be put to, by Reason of their becoming Sureties as aforesaid and will well and truly repay to them
their Heirs Ex[ecuto]rs. or adm[inistrator]rs. whatever Sums of money they or either of them shall be legally obliged to pay on that account ^together with Interest for the same^—3 Given under my Hand and Seal this 5th Day of Jany Sealed & Delivered In the Presence of4
Dft, NNC (EJ: 12835). C, embedded in JJ to ER, 7 Jan. 1795, DNA: Jay Despatches, 1794–95 (EJ: 04345); LbkC, embedded in 7 Jan. 1795, JJ to ER, NNC: JJ Lbk. 8; ASP: FR, 1: 513.
1. Henry Merttins Bird (1755–1818), his younger brother Robert Bird (b. 1760), and Benjamin Savage (b. 1750), originally of South Carolina, were partners in the London mercantile and banking firm Bird, Savage & Bird, which they established in 1782.
2. JJ also drafted an instrument authorizing Bayard to pledge the faith of the United States to the firm of Bird, Savage and Bird to indemnify them for any losses or damages sustained. Much of this text is quoted within it. Dft, NNC (EJ: 12834); C, embedded in JJ to ER, 7 Jan. 1795, DNA: Jay Despatches, 1794–95 (EJ: 04345); LbkC, NNC: JJ Lbk. 8. ASP: FR, 1: 513–14. JJ composed further detailed procedural instructions to Bayard of the same date, below.
3. Here in the margin, JJ placed the following note: “here attend to the first Quere in the draft of Mr Bayard’s engagement”.
4. In the copies, the signatories for this certification are listed as JT and PAJ.