From John Jay to Edward Livingston, 28 July 1822
To Edward Livingston
Bedford—WChester County—NYork—28th—July 1822
Sir,
On the 20th. Inst. I recd. a Copy of your Report to the General General Assembly of Louisiana,1 under ^a^ Cover directed to me— To whom I am indebted for it, does not appear— The Impression of the Seal, which is that of your Family, leads me to conjecture that you have had the Goodness to send it— There are various important Remarks and Reflections in it which I believe to be just— and there are others whose Weight I cannot venture to estimate without more thought and Investigation than the State of my health admits of. I will however take the Liberty of suggesting a few Hints on two of the Topics—
That the Government of a State should have Authority to appoint “particular2 Days for rendering thanks to God” for any signal Blessing, or imploring his assistance in [“]any public Calamity”3 is certainly proper. But can any of our Governments be rightfully restrained from providing for the observance of the Sabbath, which the Sovereign of the universe has instituted; and which our Saveour has assured us “was made for Man.”—4 Again— Can any Government be justifiable in exempting Murderers from the Punishment of Death, in opposition to the positive Declaration of the Almighty to Noah, and thro’ him to all his Posterity, that “whosoever sheddeth Mans Blood, by Man shall his Blood be shed”—5 not I presume at the Discretion of private Individuals, but under the Cognizance and by the Authority of Government.—
Accept my Thanks for this mark of friendly Attention— I am Sir, Your obliged & obt Servt
Edward Livingston Esqr
Dft, NNC (EJ: 08322). WJ, 2: 425; HPJ, 4: 464–65.
1. Edward Livingston, Report made to the General assembly of the state of Louisiana, on the plan of a Penal code for the said state (New Orleans, 1822). Cover letter not found.
2. Lead quote in error. Paraphrase until “for.”
3. Livingston, Report, 115. The language of this paragraph was reused in other places, such as “System of Penal Law for the District of Columbia.” Congressional Series of United States Public Documents, vol. 231 (Washington, D.C., 1832), 293.
4. Mark 2: 27.
5. Genesis 9: 6. The substitution of “whosoever” for “whoso” is common in 19th-century commentaries and sermons, e.g., Bryce Johnston, Commentary on the Revelation of St. John, vol. 1 (Edinburgh, 1807), 200.