John Jay Papers
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To John Jay from the Secretary of Congress (Charles Thomson), 8 September 1785

From the Secretary of Congress (Charles Thomson)

Office of Secretary of Congress Septr. 8. 1785

Sir,

On the intimation contained in your first letter of the 2d. Congress have been pleased to pass an Act of which the enclosed is a copy, vesting you with the necessary powers. It is the desire of Congress that this be kept as secret as the nature of the case will admit; for which reason I have not entrusted it to the inspection of any of the young men in my Office.1

In consequence of a report which I this day made, Congress have directed me to return to you the letter of 25 Aug. from Mr De Marbois2 when I last had the pleasure of seeing you I explained to you my ideas on that Subject. I stated the same to Congress, & they were approved, but I did not wish them to be formally agreed to lest Congress might seem to give an Opinion on the Question.3 with great respect I am Dr. Sr your humble Serv

Cha Thomson

J. Jay Esqr. Secy for foreign Affairs

ALS, NNC (EJ: 5769). Endorsed: “… (private)”. Enclosure: copy of the 7 Sept. 1785 congressional resolution in the hand of CT, not found.

1The resolution of 7 Sept. 1785 authorized the secretary for foreign affairs, whenever he judged that the national “safety or interest” required it, to inspect letters in the post office, except those to or from Congress. It was to remain in effect for a period of twelve months, but was renewed and made permanent on 23 Oct. 1786 (see resolution, below). Dft in the hand of Charles Pinckney, DNA: PCC, item 25, 2: 445; C in the hand of CT, DNA: PCC, item 3, Secret Journal, 233; printed, 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 29: 685. See above for JJ’s letter to the President of Congress of 2 Sept. 1785, intimating his desire for such a power.

2Barbé Marbois to JJ, 25 Aug. 1785, C in French with English trans., DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 1: 420–22 (EJ: 1744); DC, description begins William A. Weaver, ed., Diplomatic Correspondence of the United States of America, from the Signing of the Definitive Treaty of Peace, 10th September, 1783, to the Adoption of the Constitution, March 4, 1789 (7 vols.; Washington, D.C., 1833–34) description ends 1: 244–45.

3CT reported to Congress that it was not “necessary or proper” for Congress to render an opinion on Barbé Marbois’s 25 Aug. query whether French subjects can purchase and own real estate in the United States since a treaty existed between the two countries. CT contended that if doubts arose as to the “force and meaning” of the treaty and an explanation was necessary, it could only be given by the joint act of the contracting parties. CT Report to Congress, 8 Sept. 1785, ALS, DNA: PCC, item 180, 2; 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 29: 688.

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