351An Address to the People of the State of New-York on the Subject of the Constitution, Agreed Upon at Philadelphia, the … (Jay Papers)
THERE are times and seasons when general evils spread general alarm and uneasiness, and yet arise from causes too complicated, and too little understood by many, to produce a unanimity of opinions respecting their remedies. Hence it is, that on such occasions, the conflict of arguments too often excites a conflict of passions, and introduces a degree of discord and animosity, which, by...
352To George Washington from John Jay, 20 April 1788 (Washington Papers)
Your favor of the 3d Ult. gave me great Pleasure, and I thank you for the friendly offers contained in it. Some Gentlemen here and in Jersey have it in Contemplation to form a Society to promote the Breeding of good Horses and mules—in that Case we will endeavour to introduce some Jennies, of which we have none at present, and send them to your Jack. The Constitution still continues to cause...
353From John Jay to George Washington, 20 April 1788 (Jay Papers)
Your favor of the 3 d . Ult. gave me great Pleasure, and I thank you for the friendly offers contained in it. Some Gentlemen here and in Jersey [h]ave it in Contemplation to form a Society to promote the Breeding of good Horses and mules—in that Case we will endeavour to introduce some Jennies, of which we have none at present, and send them to your Jack. The Constitution still continues to...
354To George Washington from John Jay, 24 April 1788 (Washington Papers)
It occurs to me that you would probably be glad to know when and in what manner the Letters you sent to me to be forwarded were sent on. The large Packet for the Marqs de la Fayette was committed to the Care of the french minister, who was so obliging as to take Charge of it. Those for Count de Rochambeau, Countess d’Essarts, Gen: Duplessis, Mesdames Van Winter Van Merken &c: Monsr de Bourden,...
355From John Jay to Thomas Jefferson, 24 April 1788 (Jay Papers)
Since the 3 Nov r last I have been honored with your Favors of the 19. 22 & 24 September—8. & 27 October. 3 & 7 Nov r . 21 & 31 Dec r —and 5 Feb y last— all of which have been laid before Congress; but they have given me no orders respecting the Subjects of them— The State of The State of my Health was for a long Time such as to oblige me to omit some good Opportunities of writing to You...
356To Thomas Jefferson from John Jay, 24 April 1788 (Jefferson Papers)
Since the 3d. November last I have been honored with your Favors of the 19th. 22d. and 24th. September, 8th. and 27th October, 3d and 7th November, 21st and 31st December and 5th. February last—all of which have been laid before Congress; but they have given me no Orders respecting the Subjects of them. The State of my Health was for a long Time such as to oblige me to omit some good...
There was a time when a majority of the citizens of New-York were so opposed to lawyers as members of the legislature, that a single gentleman of that profession, though confessedly a man of abilities, and in other respects, of unimpeachable character, could not obtain a majority of suffrages, principally owing to the circumstance of his being of that profession. But the times are changed, and...
358To Alexander Hamilton from John Jay, 15 May 1788 (Hamilton Papers)
Mr. Richard Laurence of Staten Island has complained to Congress, and to the King of Great Britain, that Judgments have been obtained and executed against him in certain Actions of Trespass, which he says were commenced and prosecuted in Violation of the Treaty of Peace. In these Actions I understand you was concerned for him, and as it is important that the Facts which concern the Merits of...
359To Thomas Jefferson from John Jay, 16 May 1788 (Jefferson Papers)
Office for Foreign Affairs [ New York ], 16 May 1788 . Since his last of 24 Apr. 1788, has received no letters from TJ, and there has been no event of importance “except the Accession of Maryland to the Number of the States which have adopted the proposed Constitution. Until that business is concluded I apprehend that our national Affairs will continue much at a Stand.” Barlow brings this and...
360To George Washington from John Jay, 29 May 1788 (Washington Papers)
I was two Days ago favored with yours of the 15th Instant. it gives me pleasure to find that the Probability of Virginias adopting the proposed Constitution rather encreases—such an Event would undoubtedly disarm the opposition. It appears by recent advices from Charleston that we may count on South Carolina, and the New Hampshire Delegates assure me that their State will come into the...
361From John Jay to George Washington, 29 May 1788 (Jay Papers)
I was two Days ago favored with yours of the 15 th . Instant—it gives me Pleasure to find that the Probability of Virginia’s adopting the proposed Constitution rather encreases—such an Event would undoubtedly disarm the opposition. It appears by recent advices from Charleston that we may count on South Carolina, and the New Hampshire Delegates assure me that their State will come into the...
362To George Washington from John Jay, June 1788 (Washington Papers)
Your obliging Letter of the 8 Inst. found me at this Place—I thank you for the interesting Circumstances mentioned in it. The Complection of our Convention is such as was expected. They have hitherto proceeded with Temper & moderation, but there is no Reason to think that either Party has made much Impression on the other. The Leaders in opposition seem to have more extensive views than their...
The City and County of New York have elected me one of their Deputies to the State Convention, which is to meet on the 17 th . instant at Poughkeepsie to consider and decide on the proposed fœderal Constitution. If it be agreeable to Congress I will attend, if not I will decline the Appointment. Permit me therefore to request their Directions on the Subject. I have the Honor to be with great...
364To Thomas Jefferson from John Jay, 9 June 1788 (Jefferson Papers)
Since the Date of my last, Viz. the 16th. Ult : I have been honored with yours of the 13th. and 16th. March with the Papers which were enclosed with the last. They were immediately communicated to Congress, and the latter referred to a Committee, who not having as yet reported, it is not in my Power to say what Congress may probably think proper to do or order relative to the Subject of it....
365From John Jay to Sarah Livingston Jay, 21 June 1788 (Jay Papers)
A Gentleman now in Town, and who will set out for New York in about an Hour, gives me an opportunity of writing you a few Lines. The Convention assembled with unusual Punctuality. There ^are^ not more than two Members, that I recollect, absent, and the ^House^ have entered on the Business with great assiduity & Regularity. As yet their Proceedings and Debates have been temperate, and...
366Extract from Francis Childs’s Debates, 23 June 1788 (Jay Papers)
[Below is the initial convention speech by John Jay on Art. I, sec. 2, cl. 3, supporting the ratio of one representative to 30,000 persons. JJ stresses areas of agreement, such as the need for a strong, energetic federal government, and distinguishes between state and federal concerns.] The honorable Mr. Jay. I will make a few observations on this article, Mr. Chairman, though I am sensible it...
367Extract from John McKesson’s Notes of Debates, 23 June 1788 (Jay Papers)
M r . Jay— One or two Remarks have not been mentioned— It is agreed that a Strong energetic Fœderal Gov t . is necessary— Hence we are [to] believe that it believed such a Gov t . is practicable. Yet a Gent[leman] has given us to understand that a Strong energetic federal Gov t . extending so far as this does is impracticable and the Country inadequate for it— If this Gov t . must have the...
368From John Jay to George Washington, [post 24 June 1788] (Jay Papers)
Your obliging Letter of the 8 Inst. found me at this Place— I thank you for the interesting Circumstances mentioned in it. The complection of our Convention is such as was expected— They have hitherto proceeded with Temper & moderation, but there is no Reason to think that either Party has made much Impression on the other. The Leaders in opposition seem to have more extensive views than their...
369Extracts from Francis Childs’s Debates, 25 June 1788 (Jay Papers)
[Samuel Jones moves to amend Art. I, sec. 4, concerning the time, place, and manner of elections of Senators and Representatives. JJ defends the Constitutional provision giving Congress the power to make or alter regulations by the state legislatures and to “prevent the dissolution of the Union.”] The honorable Mr. Jay said that as far as he understood the ideas of the gentleman [Samuel...
370Extracts from John McKesson’s Notes of Debates, 25 June 1788 (Jay Papers)
M r . Jay— It does not appear that there is at present a Disposition to consider farther at present the Clause or Amendm t . But let it be considered that this Country if the Gov t . Organized will be under the Controul and direction of the national Gov t as the State Officers are under the Controul of the State Gov t — Should the State interfere in or regulate the Election of State officers—...
371From John Jay to Henry Remsen Jr., 27 June 1788 (Jay Papers)
I have had the Pleasure of rec gv . your Favor of the 18 Inst. with the news Papers. Let S r . John have the enclosed Letter without Delay. I leave it open for your Information, and that you may make a Copy to enter in the Book of Letters. Our Affairs here go on slowly but with more Temper than I expected. The Issue however appears so uncertain as that no very probable Conjectures respecting...
372From John Jay to John Vaughan, 27 June 1788 (Jay Papers)
I have considered the Hint suggested in your Letter of the my long, and I may say habitual respect for the Sentiments of D r . Franklin, at first inclined me to adopt them relative to the Subject in Question. Further Consideration induced me to suspect that he has estimated the Influence of my opinions beyond their Value— If the Reasoning in the Pamphlet you allude to is just, it will have...
373Extracts from John McKesson’s Notes of Debates, 30 June 1788 (Jay Papers)
[ JJ participates in the debate on Art. I, sec. 8, par. 1, setting forth the taxing powers of the federal government. John Williams’s proposed amendment of 26 June would prohibit Congress from laying an excise on goods of American manufacture and bar direct taxes without first levying a requisition on the states. JJ also insists on further discussion of concurrent jurisdiction in response to...
374Extract from Francis Childs’s Debates, 1 July 1788 (Jay Papers)
The hon. Mr. Jay rose, and said that he would confine himself to a few remarks, as the question had been pretty fully debated. He begun with a description of the general characteristics of a government proper for the United States. It had, he said, been justly laid down, that a government, which was to accomplish national purposes, should command the national resources. Here a question had...
375Extract from John McKesson’s Notes of Debates, 1 July 1788 (Jay Papers)
[ JJ resumes his analysis of the taxation amendment, avowing he can see “no possible impropriety in the general government having access to all the resources of the country.” ] M r . Jay So much said & so well said Shall add a few Hints The Mode Business is to consider the mode which will best secure their General Happiness & particular Happiness— These Gov ts . should be so constructed as not...
376Extracts from John McKesson’s Notes of Debates, 2 July 1788 (Jay Papers)
[ JJ details his objections to John Lansing’s amendment placing a limit on Congress’s power to borrow money “without the assent of two thirds of the members of both houses present.” JJ differentiates between the powers of the lower house in money matters and that of the Senate in treaty making. In case of war, “will it be wise to put it in the power of five Men to disarm the Continent.” News...
377Extracts from Melancton Smith’s Notes of Debates, 2 July 1788 (Jay Papers)
M r Jay Factions may prevail—as in Holland— this 1/3 may prevent a benef l . Loan— will promote wars— has been attended, with bad effects—in G. Britain— more important, to form this check, than under the confed n — ^[ in margin ] M r . Jay. in republics^ In Rep. govt s . sentiments under three divis[ion] s — suppose two contend g
378To George Washington from John Jay, 4–8 July 1788 (Washington Papers)
I congratulate you my dear Sir! on the adoption of the constitution by Virginia. That Event has disappointed the Expectations of opposition here, which nevertheless continues pertinacious. The unanimity of the southern District, and their apparent Determination to continue under the wings of the union, operates powerfully on the minds of the opposite Party. The constitution constantly gains...
379From John Jay to George Washington, 4[–8] July 1788 (Jay Papers)
I congratulate you my dear Sir! on the Adoption of the Constitution by Virginia. That Event has disappointed the Expectations of Opposition here, which nevertheless continues pertinacious. The unanimity of the southern District, and their apparent Determination to continue under the Wings of the union operates powerfully on the Minds of the opposite Party. The Constitution constantly gains...
380To John Adams from John Jay, 4 July 1788 (Adams Papers)
I congratulate you my dear Sir! most cordially on your Return to your native Country, and am greatly pleased with the Reception you have met with— You deserve well of your country, and I am happy to find that the acknowledgment of your Services is not left solely to Posterity. our convention is still sitting. The opposers of the Constitution have proposed many amendments. As yet we proceed...
381From John Jay to John Adams, 4 July 1788 (Jay Papers)
I congratulate you my dear Sir! most cordially on your Return to your native Country, and am greatly pleased with the Reception you have met with— You deserve well of your country, and I am happy to find that the acknowledgment of your Services is not left solely to Posterity. our Convention is still sitting. The opposers of the Constitution have proposed many amendments. As yet we proceed...
382From John Jay to Francis Corbin, 4 July 1788 (Jay Papers)
Two Days ago I had the pleasure of rec g your obliging Letter of the 16 th ., and this morning that of the 25 Ult. The accession of Virginia made an ^ was ^ is an Event most welcome to our Fœderalists, and it cannot fail to make a deep Impression on the other Party. Our Convention proceeds with singular Temper and Moderation. The opposition however ^still^ continues very inflexible, and to...
383From John Jay to Sarah Livingston Jay, 5 July 1788 (Jay Papers)
Col. W. S. Livingston who brought us the news of the adoption of the Constitution by Virginia, is about setting out—and I will not let him go without a few Lines for You— Yesterday was a Day of Festivity, and both the Parties united in celebrating it. Two Tables, but in different Houses were spread for the Convention— the two Parties mingled at each Table— and the Toasts, (of which each had...
M r . Jay. Have not misapp[lie] d .— the levying of taxes in a diff[eren] t . way—&— the hands of Congress tied— Congress will have no power to suspend any power—^[ in margin ] how have they power to accept?^ how can they lay taxes on other State and not on others— tie hands of Congress, when said they will not exercise them— a rejection under another name— ride to N.Y or go afoot— black coat...
385Extract from Francis Childs’s Debates, 11 July 1788 (Jay Papers)
[On 10 July Lansing proposed a threefold scheme of amendments: 1) explanatory; 2) conditional; and 3) recommendatory, and followed with a proposal that an informal committee of both parties make accommodations to reach a quick decision. JJ was named to a committee of fourteen, but since Antifederalist members insisted on conditional amendments and he would not accept a form of ratification...
386Extracts from John McKesson’s Notes of Debates, [11] July 1788 (Jay Papers)
M r . Jay A proposition That the Constitution should be so far ratified as to go into Operation except as to certain parts which should not operate until a Convention Not admissable It called on Congress to admit this State into Congress upon Conditions not contained in that Constitution Could this have been admitted What Powers will this Congress have— Can they change any Article of it— Will...
387Extract from Melancton Smith’s Notes of Debates, 11 July 1788 (Jay Papers)
M r . Jay. We were sent to promote gen l . good—to forget we belong to party— Reason first and then decide— This const[itution], the work of freemen, of patriots— it merits Candid attention.—though not to pin our faith— Consid n : This Cons n . consid[ere] d . by ten Conventions— The best men of every State—wise— objecti[on] s . but 11 Verdicts in its favour— though not full evidence—yet...
388Extract from Melancton Smith’s Notes of Debates, 12 July 1788 (Jay Papers)
M r . Jay. Went to the Committee disposed to accomd n .—pro[position] s . were received dictated— These not comm[ende] d . as a Basis of agreem t . AD , N : Melancton Smith’s notes; DHRC John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber, and Margaret A. Hogan, eds. Documentary History of the Ratification of the Constitution (28 vols. to date; Madison, Wis., 1976–)
389Extract from Melancton Smith’s Notes of Debates, 14 July 1788 (Jay Papers)
[Melancton Smith moved to amend John Jay’s motion for ratification to have the Constitution ratified on condition that a convention be called to recommend amendments and until then limiting the service of militia outside the state, and barring Congress from regulating the time, place, and manner of elections, or levying excise taxes on American products, except liquors, or direct taxes without...
390Extract from Gilbert Livingston’s Notes of Debates, 15 July 1788 (Jay Papers)
Jay— It must be evident from the prop[osition] s — that they wish to accommodate—& pledge themselves to endeavor an Amend[men] t — does not this weigh—to unite all our force— is it not certain that the cond[ition] s . will render our admittance into the Union uncertain— all has been said, that can be—that the cond[ition] s . will amount to a rejection—declare that they think it will destroy...
391Extract from John McKesson’s Notes of Debates, 15 July 1788 (Jay Papers)
M r . Jay We are endeavouring to agree— Gen t See we have brot forth valuable Amendm ts . Cannot the Conditional Amendments be paired down so that we may agree We honestly think Congress must reject such an Adoption—Cannot we endeavour further to Accommodate— The Gentlemen have advanced for Accomodation— We have now advanced for Accommodat[ion]. AD , NHi : McKesson’s notes ( EJ : 13422 ); DHRC...
392Extract from Jonathan Elliot’s Debates, 16 July 1788 (Jay Papers)
[ JJ joined the debate in support of John Sloss Hobart’s motion for adjournment, urging the delegates to return home and consult their constituents about the changed situation. The motion to adjourn is defeated.] The hon. Judge Hobart brought forward a motion for adjournment. On this motion large debates took place, in which Mr. Hobart , Mr. Duane , Mr. Lansing , Jr. Jay , the Chancellor , Mr....
Jay— ment[io] ns a few reasons [for adjournment]— Lans g . supposes it would increase heats— some weight at first sight— this will depend on the temper with which we go home— if we go with an intention to investigate—it will have a different effect— the southern [counties] wish an adoption unlimited— the North wish conditions— if we go home and carry the proper information from both...
394To George Washington from John Jay, 17 July 1788 (Washington Papers)
Since my arrival here I have written you two or three hasty letters—being constantly involved in Business or Company from wh. it would not be here very practicable or perhaps prudent to retreat, I have been able to write but very little—The Convention this moment adjourned and I am writing in their Chamber—a Question being about to be put on the mode of adoption which you have seen, we moved...
Jay— no difficulty—first take a vote &c a as Ham[ilton]—… Jay— cannot be before us till after the quest n —… Jay— out of order—quest n . must be first taken on the Resolution—… Jay— thinks the Gen t . is in order— he thinks we should adj[our] n —& wants to give his reasons— the state—is this— A mode of adoption is on the table— we think it would be injurious & therefore wish an adj[ournmen] t...
396From John Jay to George Washington, 17 [i.e., 18] July 1788 (Jay Papers)
Since my arrival here I have written you two or three hasty Letters— being constantly involved in Business or Company from w h . it would not be here very practicable or perhaps prudent to retreat. I have been able to write but very little— The Convention this moment adjourned and I am now writing in their Chamber. a Question being about to be put on the mode of adoption which you have seen,...
[A committee discusses the draft of Melancton Smith’s conditional ratification proposal that included a bill of rights and other proposed amendments. JJ regarded Smith’s proposal limiting Congress’s exercise of certain powers until a convention was held to consider amendments as “less evil than the former” and as providing a basis to proceed. On the 19th, entering the debate on the bill of...
398Extract from Melancton Smith’s Notes of Debates, 21 July 1788 (Jay Papers)
M r . Jay Standing Troops will be enlisted during the war—If they have command of the Mil[iti] a & want 20.000. they may raise 10.000 & depend upon 10.000 Militia— If you limit them they may be under a diff[icult]y— If they must call the Legisl[atur] e . it will. More safe, as it will prevent the necessity of standing Armies— Confidence for national affairs in nat[ional] gov[ernmen] t —for...
[ JJ seconds Melancton Smith’s motion for an amendment for an eight-year presidential term not subject to reelection. ] Jay— this amend[men] t . does not leave him sufficiently independent—… Jay— will not press— hardly knows how to chuse difficulties on every hand— A Gov[ernmen] t . as it was called operated in this state 20 Years ago— The Legislature & Gov r . play d into each others hands—...
400To George Washington from John Jay, 23 July 1788 (Washington Papers)
I wrote to you a few Days ago and inclosed a copy of certain Propositions, or mode of adoption—great objections to it being urged it was withdrawn for the present —The Convention proceeded to Day in debating on the Plan of conditional amendment. some of the anti Party moved for striking out the words on Condition and substituting the words in full confidence —it was carried 31 to 29 in the...