Report on Memorials Presented by John Temple, 8 March 1786
Report on Memorials Presented by John Temple
Office for foreign Affairs 8th. March 1786
The Secretary of the United States for the Department of foreign Affairs to whom was referred his Letter of 28th. February enclosing one to him from the british Consul General with two Memorials presented to him one by Wm. Hunt, and the other by Richd. Laurence to report on the Propriety of the Application, and the Expediency of a Reply—1
Reports—
That the cognizance of Consuls being confined to Matters arising within their Consulates respecting the Trade and Navigation of their Nations, with the one to whom they are sent, direct or official Applications from them to the Sovereign of the Country on Subjects foreign to the Objects of their Commissions, would certainly be irregular, and unless under very particular Circumstances improper.—
Mr. Temple’s Letter does not appear to your Secretary to come within the Description of such a direct and official Application. It contains nothing official in Stile, Matter or Subscription, it is silent as to the Treaty, and makes no Complaint. Your Secretary views it in no other Light than that of conveying Information respecting Matters in which public Justice may be concerned, and Humanity certainly is.—2
In the Judgement of your Secretary therefore, it is not necessary that any Answer should be given by Congress to Mr. Temple, nor any Notice taken of these Papers particularly.—3
But your Secretary thinks, that Policy as well as Justice, demands that Infractions of the Treaty of Peace should not pass unnoticed, especially when the Evidence of them exists in the Laws of either of the States, which, being Matters of Record and of public Notoriety, must be supposed to come officially to the Knowledge of Congress.—
Your Secretary apprehends from the Silence, which Britain has hitherto observed respecting this Subject, that she is well content these Infractions should remain uncorrected that they may hereafter serve to justify such Measures as she may wish or find it convenient to pursue, under the Pretext of Retaliation; either by continuing to detain from us our frontier Posts and Countries, or by any other Plans which Resentment or Policy may suggest. Your Secretary takes the Liberty further to remark, that in any such Event France will probably not think herself obliged to fulfil her Guarantee of the Countries acknowledged to be ours by the Treaty of Peace, unless we on our Part fulfil the Terms of that Treaty. And as it is not to be presumed that these Infractions will never be drawn into Question or Discussion, your Secretary thinks it would redound more to the Honor as well as Advantage of the United States, to do Justice while unpressed, than at a Season when every Thing they may do of that Kind, may be imputed to less meritorious Motives.—
All which is submitted to the Wisdom of Congress—
John Jay
DS, DNA: PCC, item 81, 2: 53–56 (EJ: 3888). Endorsed: “… On his letter of 28 Feby. & Mr. / J. Temple’s letter of 25 of sd mo / Entd. read 8 March 1786”. LbkCs, DNA: PCC, item 124, 1: 277–79 (EJ: 4557); NNC: JJ Lbk. 3. 30: 100–101.
1. JJ to President of Congress, 28 Feb., LS, DNA: PCC, item 80, 2: 161; LbkC, , 2: 116. Temple to JJ, 25 Feb., ALS, DNA: PCC, item 92, 499, with enclosures: William Hunt’s memorial to Temple, 7 Feb., 505–8 and Richard Lawrence’s memorial to Temple, 19 Feb., 501–4; CS, PRO: FO 4/4, 112; LbkC, with enclosures, , 2: 110–15; 4: 9–13. On 1 Mar. 1786, Congress referred back to JJ his 28 Feb. letter and enclosures “to report the propriety of Application and expediency of a reply.” LbkC, NNC: JJ Lbk. 3; 30: 90n.
2. When submitting the memorials of Lawrence and Hunt, “British Subjects now in confinement,” Temple had written JJ on 25 Feb. that “if, in Justice or even humanity, there be room for relief to the prisoners, you will I am confident endeavour to cause it to take place.”
3. In his 27 Feb. reply, JJ wrote that the memorials “shall be immediately laid before Congress who will doubtless order the merits of their respective Cases to be ascertained by proper Inquiries. For my own part, I assure you of my readiness to promote every measure that may conduce to the observance of the Treaty of Peace, with that good Faith and punctuality which the Honor of the United States, as well as the obvious principles of Justice render indispensable.” See JJ to Temple, 27 Feb. 1786, C, PRO: FO 4/4, 112; and 7 Apr. 1786, below.