John Jay Papers
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Address to the New York State Legislature, [9 August 1798]

Address to the New York State Legislature

[Albany, 9 August 1798]

Gentlemen of the Senate and Assembly—

Percieving the various Objections which opposed the holding a special Session of the Legislature, and particularly at this Season of the Year, it was not until after very mature Reflection, that I became convinced that it was my Duty to convene you.1 The Reasons on which the opinion was founded, have been made known; and subsequent Events have not diminished their Force. Our national Affairs in Relation to France, had since the last Session assumed an aspect so serious and alarming, as to enduce the Government of the united States to communicate to the Public, the Information contained in the State Papers which will be laid before You; and thereby to apprize the Nation of the Dangers which demanded immediate Attention to their Defence and Security.2 Altho’ aware that this great Business belonged to the national Government, yet how far the Safety and essential Interests of this State required that auxiliary and correspondent measures on her Part should be taken without Delay, was a question more proper for You than for me to consider and decide; and that it might without Loss of Time be submitted to your Consideration, a special Session was indispensable—

From the disinterested and friendly Attentions early and repeatedly paid to the Government of the french Republic; and particularly in not only recognizing Its Independence and Authority at a delicate crisis; but also in paying to it, before all the stipulated periods had arrived, the whole Debt contracted under the monarchy,3 the United States had Reason to expect that the most scrupulous Regard would have been shewn by that Republic, to all the Rights which belonged to their independent pacific and neutral Situation. But these Expectations however rational proved to be delusive. The Rulers of that Republic immediately endeavoured to take undue advantage of this friendly Disposition, and did not hesitate to practice improper arts, and to make overbearing Attempts to envolve us in their Wars and for their objects; and that without any Regard to the State of Peace and Tranquility with which Providence had blessed us, and which it was not less our Duty than our Interest to preserve and maintain, until Reasons the most cogent and indispensable should render a Recurrence to arms necessary and justifiable.—4

It is remarkable that from the arrival of the first Minister sent here by that Republic,5 their Conduct towards us has been constantly becoming more and more disrespectful offensive and inimical; notwithstanding the sincere and conciliatory overtures made to them by the United States. Two Legations sent to them with ample powers and Instructions to propose and even to request an amicable Discussion and Settlement of Differences, have been treated and repelled in a manner repugnant to Justice and Decorum; and the late very reprehensible and disgusting Demands which have been made, leave no Room for us to believe or hope that peace with the United States is among the Objects of the present Directory.6 The Intrigues and Violence by which several European Republics have been subjugated and empoverished, and by which the Peace and neutral Rights of other unoffending nations continue to be disturbed and violated, cast Light on the Designs and Views of France in their Treatment of this Country— they unite in admonishing us to guard against that System of Deception Domination and Rapine which, embracing both Europe and America, will with Respect to the latter, be still more decidedly manifested, in Case the Directory should acquire a Preponderancy on the Ocean.—

Very wisely therefore has the Government of the United States called upon the nation to prepare for Defence; and very incumbent it is on every ^State^ and on every Citizen to co-operate in providing for the general Security. Whether any and what measures conducive to that End, should now be adopted by this State, is a subject which deserves your serious Consideration. It is a question which comprehends several interesting Objects. The Defence of our Port, respecting which some papers will be laid before you— the Defects of the militia Laws, the want of Arsenals, ^and of sundry articles of military Stores^ and of appropriated Funds for contingent military Services, are with others of the like kind worthy of Attention.—7

While Security is in question, the Expense of providing for it is a secondary Consideration. The Objects before mentioned cannot be accomplished without more Expense than the United States can seasonably and fully provide for. I am apprized of the State of our Treasury, and that it has been greatly exhausted by appropriations heretofore made by the Legislature; but as on the one hand no money can be taken from it without legislative authority, so on the other, it can only be replenished by such means as may be prescribed by Law. It is to be regretted that too many of our Citizens seem to have inadvertently flattered themselves, that unlike all other People past and present, they were to live exempt from Taxes. To the Influence of this Error it is owing, that the State is at this moment in Debt, and paying Interest for money, which in my opinion, it would have been ^more^ wise to have collected by a Tax, than to have obtained on Loan. To me it appears to be for the Interest of the State, that the Principal of our Funds, unless on great and urgent occasions, should remain untouched, and that whenever our necessary Expenses exceed our Income, the Deficiency should be supplied by Taxes judiciously and impartially emposed. The Confidence I have in the good Sense of our constituents persuades me, that every Tax adopted on proper occasions, and for necessary Purposes, and on an equitable Plan, will meet with their approbation; especially when they reflect that all the officers of the Government, and every member of the Legislature must partake in its Inconveniences.—8

But whatever Difficulties or Differences in opinion may exist or occur relative to our domestic Expenses, it certainly becomes us unanimously and firmly to resolve, that they shall not be encreased by Tribute & Contributions to any foreign nation. The Great Sovereign of the Universe has given us Independence, and to that inestimable Gift has annexed the Duty of defending it. We may be envolved in a severe Contest, but we have no Reason to despair of Success. The United States cannot be conquered but by civil Discord under foreign Direction; and it is useful to recollect, that to this Cause all fallen Republics have owed their Destruction. History will declare to future ages, that the United States were as kind as a neutral nation could with Justice be, to the Republic of France in the Day when her Destiny was doubtful. It is to be hoped that History will also declare that when in the Day of her Power, France became tyrannical as well as triumphant, and had indecently required us to descend and take a Place among her Tributaries, the United States with great magnanimity, and not with less wisdom, spurned her Requisitions and maintained their Dignity—

Permit me to conclude by assuring you, that I shall most cordially cooperate with you in cherishing a Spirit of Union and of Patriotism; and in encouraging and enabling the Citizens of this State to take, not only a due and necessary, but a distinguished part in preserving and transmitting to Posterity our national Honor unsullied, and our national ^Rights and^ Sovereignty undiminished.—

John Jay—

DftS, MWA: Jay (EJ: 02615). Printed: Albany Centinel, 10 Aug.; Argus, Greenleaf’s New Daily Advertiser and Daily Advertiser, and New-York Gazette (all New York), 14 Aug.; Claypoole’s American Daily Advertiser and Gazette of the United States (both Philadelphia), 15 Aug.; Greenleaf’s New York Journal and Spectator (both New York), 15 Aug.; Porcupine’s Gazette (Philadelphia), 15 Aug.; Federal Gazette (Baltimore), 16 Aug.; Massachusetts Mercury (Boston), 17 Aug.; E, Gazette (Portland), 20 Aug.; Northern Centinel (Salem, N.Y.), 20 Aug.; Guardian, or New Brunswick Advertiser, 21 Aug.; Western Star, (Stockbridge), 21 Aug.; Berkshire Gazette (Pittsfield), 22 Aug.; Connecticut Journal (New Haven), 22 Aug.; Sun (Dover, N.H.), 22 Aug. 1798; N.Y. Senate Journal, 22nd sess. (August 1798) description begins [New York State], Journal of the Senate of the state of New-York; at their twenty-second session, began and held at the city of Albany, the ninth day of August, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34213) description ends , 4–5; N.Y. Assembly Journal 22nd sess. (August 1798), 5–6; NYGM description begins State of New York, Messages from the Governors comprising Executive Communications to the Legislature and other Papers relating to Legislation from the Organization of the First Colonial Assembly in 1683 to and including the Year 1906 vol. 2 1777–1822 (Albany, 1909) description ends , 2: 420–24.

1See JJ’s proclamation of 2 July 1798, above; and the editorial note “John Jay and the Response to the XYZ Affair in New York,” above. JJ delivered this address on 9 Aug. to both houses of the legislature in the assembly room. He also presented a written copy to the assembly, which was read and referred to a committee of the whole house. The assembly ordered copies printed and three hundred to be given to the house for its use. It resolved to present a response to JJ, and appointed a committee consisting of John B. Prevost of New York City, John L. Van Rensselaer of Rensselaer County, and Nathaniel King of Chenango County. N.Y. Assembly Journal, 22nd sess. (August 1798) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-second session, began and held at the city of Albany, the ninth day of August, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34212) description ends , 5–7. For the assembly’s response of 14 Aug., and the senate’s response of 13 Aug., see below.

In addition the assembly adopted resolutions appointing committees to take up the various parts of the speech relating to the laws, the arsenals and military stores, the defense of the port of New York, and taxation, and to report their opinions to the house. Albany Gazette, 17 Aug. 1798; N.Y. Assembly Journal, 22nd sess. (August 1798) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-second session, began and held at the city of Albany, the ninth day of August, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34212) description ends , 8–9. For action taken by some of these committees, see the editorial note “Defending New York”, above; and note 8, below.

2See Instructions to the envoys extraordinary and ministers plenipotentiary from the United States of America, to the French republic, their letters of credence and full powers, and the dispatches received from them relative to their mission. Published by the secretary of state, in conformity to the resolutions of Congress, of the 22d June 1798 (Philadelphia, 1798; Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of News-bank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ Early American Imprints, series 2: Shaw-Shoemaker, 1801–1819 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ description ends , series 1, no. 34838); and note 3 of the editorial note “John Jay and the Response to the XYZ Affair in New York,” above.

3For the recognition of the French Republic and the repayment of the debt to France, see JJ to GW, 23 Sept. 1791; the editorial note “John Jay and the Issue of Neutrality,” and note 22; JJ’s Draft of a Proclamation by George Washington, enclosed in JJ to AH, 11 Apr. 1793, and note 9; JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 5: 336–38, 479–85, 488n22, 491–92, 493n9. JJ had supported both measures.

4See the editorial note “John Jay and the Issue of Neutrality,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 5: 479–90.

5See the editorial note “John Jay and the Genet Affair,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 5: 546–61.

6For the rejection of the missions of Charles Cotesworth Pinckney, and of the American commission consisting of Pinckney, John Marshall, and Elbridge Gerry, and the demands made by Talleyrand’s private agents, see the editorial note “John Jay and the Response to the XYZ Affair in New York,” above.

7See the editorial notes “Defending New York” and “Militia Matters in New York,” both above.

8According to the Albany Centinel of 17 Aug. 1798:

Mr. Burr, from the committee who whom was referred that part of his Excellency the Governor’s Speech which relates to taxation, reported that the mode of taxation now practiced in this State, is in the opinion of the Committee imperfect and arbitrary, and that a system of taxation on just and equal principles ought with all possible diligence be projected and adopted. That considering the great difficultly and magnitude of the subject much time and consideration will be requisite to mature and perfect it; that from the inconvenience of the season your committee apprehend that the subject cannot at this special session receive the attention and deliberation due to its intricacy and importance. The committee therefore submit to the house the following resolution.

Resolved that the Comptroller be and he is hereby directed to report to this house on the first day of the next meeting of the Legislature, an uniform system of taxation for this state, together with the draft of a bill for carrying the same into operation.

Resolved that this House do agree with the committee in the said report: and do adopt the proceeding resolution.

See also N.Y. Assembly Journal, 22nd sess. (August 1798) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-second session, began and held at the city of Albany, the ninth day of August, 1798 (Albany, [1798]; Early Am. Imprints, series 1, no. 34212) description ends , 18. For the report dated 1 Jan. 1799 by Samuel Jones as state comptroller, respecting a system of taxation for the state, see N.Y. Assembly Journal, 22nd sess., 2nd meeting (1799) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-second session, second meeting, begun and held at the city of Albany, the second day of January, 1799 (Albany, [1799]; Early Am. Imprints, series 1, no. 35924) description ends , 3–5. It was submitted and read on 2 Jan. 1799 and referred to the committee of ways and means. For actions on tax proposals in the lower house of the state legislature, see N.Y. Assembly Journal, 22nd sess., 2nd meeting (1799) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-second session, second meeting, begun and held at the city of Albany, the second day of January, 1799 (Albany, [1799]; Early Am. Imprints, series 1, no. 35924) description ends , 11, 44, 51, 52, 102, 130, 162, 166, 178, 182, 184, 190, 242, 243–45, 248, 257, 267–68, 288–89. The two resulting bills established the state taxation system: “An Act for the assessment and collection of Taxes,“ 1 Apr. 1799, and “An Act to raise a sum of Money for the use of this State by Tax, and for the further support of Government,” 3 April 1799, N.Y. State Laws, 22nd sess., 2nd meeting (1799) description begins [New York State], Laws of the state of New-York. Passed at the twenty-second session, second meeting, of the Legislature, begun and held at the city of Albany, the second day of January, 1799 (Albany, 1799; Early Am. Imprints, series 1, no. 35926) description ends , 747–71, 834–36.

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