John Jay Papers
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Report on the Transportation of British Convicts to the United States, 13 September 1788

Report on the Transportation of
British Convicts to the United States

[New York] Office for foreign Affairs 13th. September 1788

The Secretary of the United States for the Department of foreign Affairs, to whom was referred his letter of 3d. Instant with the Affidavit of Leonard White Outerbridge, respecting the Importation of Convicts from the Island of New Providence to Maryland &c:1

Reports.

That the Facts stated in this Affidavit render it in his Opinion highly probable, that the Persons brought to and landed at Baltimore and other Places by the Schooner William Henry, of which William Thompson was Captain, were Convicts, and that Lord Dunmore the Governor of New Providence, was instrumental in their being transported to those Places.—

That it does not become the Court of Great Britain to countenance, nor the United States to tolerate so nefarious a Practice; and although there is no Reason to presume that the Transportation in Question, was made by the Orders or Desire of the british Government, yet he thinks it would be proper that he should be permitted to send a Copy of the said Affidavit, enclosed in a Letter of the following Tenor, to his britannic Majesty’s Secretary for foreign Affairs.

My Lord

It will sometimes happen that Individuals without being authorized by the Orders or encouraged by the Connivance of Government, do Things that are not only disreputable to their own Nation, but also offensive to others.—

The Facts stated in an Affidavit of which I have the Honor to enclose you a Copy, afford Reason to presume that the Truth of this Observation has been confirmed by a recent Instance.

To insist on the Impropriety of the Practice which that Affidavit will explain, would seem to imply Doubts of its being considered in that Point of Light; I forbear therefore to enlarge on that Topic, nor can it be necessary to hint that the same Principles of Honor and Delicacy should obtain between Nations, as between private Gentlemen.—

I am directed, My Lord, just to make known this Business to you— Congress being well persuaded that his Majesty will, on receiving the Information, give such Orders on the Occasion, as the Nature of the Case may require.—

I ought not to omit mentioning to your Lordship, that Sir John Temple’s Conduct relative to this Case, has been such as receives the Approbation of Congress; for instead of endeavoring to retard, he promoted the Investigation.—2

All which is submitted to the Wisdom of Congress.—

John Jay

DS, DNA: PCC, item 81, 3: 91–92 (EJ: 03944). Endorsed: “… Read Sept 16th 1788”. LbkCs, DNA: PCC, item 124, 3: 203–5 (EJ: 04632); NNC: JJ Lbk. 3; JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 34: 529–30.

1JJ to the President of Congress (Cyrus Griffin), 3 Sept. 1788, ALS, DNA: PCC, item 80, 3: 565 (EJ: 00361); LbkC, with copy of enclosed affidavit of 1 Sept. 1788, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG 59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 3: 429–32 (EJ: 02312).

2Congress approved the report and referred it back to JJ to take order. For JJ’s letter to Carmarthen of 16 Sept., see LS, with enclosed affidavit, UkLPR: FO 4/6 (EJ: 05039); LbkC, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 305–9 (EJ: 02532).

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