John Jay Papers
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From John Jay to Arthur St. Clair, 28 January 1789

To Arthur St. Clair

NYork 28 Jany 1789

DrSr

I was a few Days ago honored with yours of the 13 of last Month.1 It contains much important Information, and there is Reason to regret that the fœderal Governmt. is not so circumstanced as not to be in Capacity to take the Measures which their affairs require.

A Sufficient Number of Delegates to form a Congress not being convened, I thought it my Duty to consult those who are here, on the answer proper to be given to that Part of your Letter which respects Conolly. They are of Opinion with me, that a watchful Eye should be kept over him; and if found chargeable with the Practices you mention (either within your Jurisdiction or that of one of the States) that he should be apprehended, and delivered to the State in which his Offences may be committed, together with the Evidence of them— but if the offences should be committed within your Jurisdiction, it will be best to detain him until Congress shall give orders on the Subject.

There not being any fœderal Tribunal, nor general Laws for defining and punishing Treason against the United States—nor a Congress sitting, nor likely soon to be convened, are Reasons for leaving such offenders to the Stat ^to^ the Judicatures of the States in which these offences may be committed, untill the new Governmt. shall be in operation— we think it best that your Suspicions & Intentions respecting Conolly should be kept as secret as possible— the less he is put on his Guard the better and if he should be apprehended, it would be expedient to endeavour to securc ^take^ his Papers also— As his apprehension would probably occasion national Inquiries and Discussions, previous Attention should be paid to the obtaining and establishing satisfactory Proof of the Facts with which he may be charged—

I promise myself the pleasure of writing to you ^again^ by the next Post & with Sentiments of great Esteem & Regard I am DrSr. your most ob. & very hble servt

His Exy. ^To the Hon’ble^ Arthur StClair Esqr

Dft, NNC (EJ: 05911); LbkC, 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 , 4: 29–30 (EJ: 02345).

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