John Jay Papers
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To John Jay from Peter Augustus Jay, 28 October 1814

From Peter Augustus Jay

New York 28 Oct 1814

Dear Papa

Judge Van Ness threw me a Note of which the above is a Copy while I was attending the Supreme Court this Morning— I thought the best way to make the Inquiries he desired would be to send you a Copy of the Note—1

There is no Declaration yet filed against Clark, & consequently no Judgment can be obtained against him for at least three months, probably not before six & perhaps not till nine Months—

I found at my Return a letter from you—2 directing me to purchase a lock— The Court which is sitting has prevented me as yet for searching one of the kind you wish— but as soon as I can I will do so— I fear however it will be difficult to procure one— I am sorry I had not the pleasure to see William when he was in town. We are all well. Our Love to William & Sisters— Mary is anxious to see Sally & Nancy—3 I am my dear father Your very affect son

Peter Augustus Jay

John Jay Esqr

ALS, enclosing William W. Van Ness, 28 Oct. 1814, C, NNC (EJ: 06190). The notation “Copy” appears before Van Ness’s letter. Addressed: “John Jay Esqr / Bedford / Westchester Cy. / N.Y.” Marked: “10”. Endorsed: “… And 31 Octr. 1814 / abt. assertion of Govr. / Tompkins.—”.

1Van Ness, who served as a justice on the New York State Supreme Court, wrote to PAJ:

New York 28 October 1814

Dear Sir

During the Discussions which lately took place in the Council of Revision on the bill for raising 12000 State Troops the Governor asserted that your father while Governor on various Occasions appointed Militia Officers by Brevet in the Recess of the Council of Appointment. The Assertion as you may easily suppose was not without effect, and very much embarrassed those who supposed that the Governor had no such Authority, except in Cases clearly distinguishable from those in which it was said the Right had been exercised— This Question has assumed so much importance that I think it proper your father should be inquired of how far the Governors Assertion is correct— May I ask the favor of you to write to him on this Subject, & to acquaint me with his Answer? Yours respectfully

W. W. Van Ness

Peter A. Jay Esqr.

On 24 Oct. 1814, the New York state legislature passed “An Act to authorize the raising of troops for the defence of this state,” calling for the mobilization of twelve thousand men. The act included the provision enabling Governor Tompkins “to appoint, by brevet, all the officers of the corps, to hold their officers till the Council of Appointment shall make the appointments of officers for said corps.” Albany Argus, 4 Nov. 1814; Columbian (New York), 21 Oct. 1814.

2JJ to PAJ, of this period, not found.

3In his reply to PAJ for Van Ness, JJ stated that he did not have in his possession any records indicating that he had appointed militia officers by brevet while the Council of Appointment was in recess. JJ to PAJ, 31 Oct. 1814, Tr, NNC (EJ: 11409). For more on the appointment of militia officers in New York during the Quasi-War, see the editorial note “Militia Matters in New York,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 6: 553–64.

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