John Jay Papers
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Address to the New York State Legislature, 1 November 1796

Address to the New York State Legislature

[New York, 1 November 1796]

Gentlemen of the Senate & Assembly

When it is considered how greatly the Happiness of of every Nation depends on the Wisdom with which their Government is administered, the occasion which has called you together at this early Season, cannot but be regarded as unusually important.1

The Period fixed for the Election of a President of the United States is approaching, and the Measures preparatory to it in this State, are now to be taken. In every possible Situation of our National affairs—whether of Peace or War, of Tranquility or Ferment, of Prosperity or Misfortune, this object will not cease to demand the utmost Care and Circumspection.

Hitherto the Embarrassments arising from Competitions, and from the Influences incident to them, have not been experienced. They have been excluded by the uniform and universal Confidence reposed in that illustrious Patriot, who, being distinguished as the Father and Ornament of his Country by a Series of great & disinterested Services, was also eminently qualified, by an uncommon assemblage of Virtues and Talents, for that important and exalted Station.

But that extraordinary Man, having with admirable Wisdom & Fortitude conducted the Nation thro various Vicissitudes and unpropitious Circumstances, to an unexampled Degree of Prosperity, is now about to retire— Mankind has not been accustomed to see the highest Military & Civil Powers of a Nation so recieved, used and resigned, as they have been in this glorious Instance. Every Reflection and Sentiment connected with this interesting Subject, will naturally arise in your Minds— May the same benevolent, wise, and over-ruling Providence which has so constantly and remarkably sustained and protected us, preside over the Public Deliberations and Suffrages.

It gives me Pleasure to inform you, that at a Treaty, held in this City, under the authority of the United States, a final agreement has been concluded between this State, and the Indian Tribes who call themselves the Seven Nations of Canada.2 Altho their Title to the Territory they claimed, was not unquestionable; yet it was judged more consistent with Sound Policy, to extinguish their claims and consequently their Animosities, by a satisfactory Settlement, than leave the State exposed to the Inconveniences which allways result from Disputes with Indian Tribes. Besides, considering our Strength and their comparative Weakness, every appearance of taking advantage of that Weakness, was to be avoided.

The Claims of the Mohawks to certain other Lands still remain to be adjusted,3 but there is Reason to expect that these may ^also be^ amicably settled; and that the Period is not far distant, when the Indians on our Borders, having convincing Proofs of our Justice and Moderation, will by good offices and a Friendly Intercourse, be led to rely on our Benevolence and Protection, and to view our Prosperity as connected with their own.

I submit to your Consideration whether the Payments to be annually made to the different Tribes who are entitled to them by Contracts with the State, should not be so ordered, as that they may be punctually paid in a uniform manner, and at a fixed Expence.4

Difficulties were experienced in executing the benevolent Intentions of the Legislature respecting a Lazaretto in the vicinity of this City. Ground conveniently situated, could not be purchased; and the placing it on Governors Island, where it could not have been erected at a proper distance from the Garrison, was liable to strong objections. These Difficulties have been removed by the Liberality of the Corporation of the City. They have gratuitously conveyed Bedlows Island to the State, for this & such other Public uses as the Legislature may from time to time direct. Certain Buildings, erected there by the French Republic, have been purchased; and prepared to serve the purpose of a Lazaretto for the present— but as additions & alterations will be necessary, and as Precautions should be taken to prevent that Island from being further Diminished by Encroachments of the Water, the appropriation of some money for these objects will be requisite.

The measures prescribed by Law to prevent the bringing and spreading of infectious diseases in this State, have been taken and faithfully executed. It is however to be lamented, that Cases of the like Fever, with that which in the last Year proved so fatal to this City, have occurred, and there is at present very little Reason to doubt whether that Disease may be generated here. The Subject of Nuisances therefore, having become important to the Safety as well as ^to^ the Comfort of our Fellow Citizens, well deserves the Notice and Interposition of the Legislature.5

Precarious is the Peace & Security of that People who are not prepared to defend themselves. Permit me to observe that this State has but one Port, & that, important as it is to the whole State, its Situation cannot yet be deemed Secure. The Fortifications that were begun are still unfinished, and it appears to me to merit Consideration, whether this Port can otherwise be secured, than by skilfully fortifying the Passage at the Narrows.6 It cannot be too frequently recollected that seasons of Peace & Prosperity are the most favorable for Measures & Works of this kind.

Considering the Funds which the State possesses—the appropriations which have been and will be made for various Public uses—the Accounts consequent to such Appropriations—and the evident utility of so arranging and conducting our Fiscal affairs, as that the Funds may be advantageously managed, Accounts with Individuals regularly settled, and the Ballances due to or from them punctually paid—I think it my Duty to suggest whether more adequate Provision for these Objects should not be made.

Altho our Taxes have for Years past been inconsiderable, and altho there is at present no Prospect of our being pressed by any necessity to encrease them, yet it is to be presumed from the Vicissitudes which attend human affairs, that at some future Period, more ample Contributions may become indispensable:— Would it not therefore be prudent, at this calm & tranquil Season, to adopt & establish such Rules & Regulations for Taxation, as being perfectly consistent with the Principles of Justice and rational Liberty, and gradually acquiring the advantages of Experience & usage, may relieve this delicate Subject from many of the perplexing Questions about Principles, Mode & Manner, which at all Times are difficult, & which are particularly embarrassing in Times of Anxiety & Agitation — ?

The distressed Situation in which the french Refugees from St. Domingo arrived here, induced the Legislature to provide for them in a very beneficent manner. The Sums allotted for their support have been expended, and the accounts audited and settled— Many of those unfortunate Persons have left the State; but it is represented to me that a Number of Old Persons and Children are still here, & in a Situation so destitute & wretched, that I cannot forbear mentioning it to you. They cannot with Propriety be considered as the Poor of any particular District— their fate is peculiar, as well as distressing; and they appear to me as having become by the Dispensations of Providence the Poor of the State.7

It often happens that Persons not urged by Circumstances equally pressing, come into the State from distant Parts, and in many Instances become burthensome to it. This Subject seems to call for some Regulations, especially as the Law heretofore passed relative to it, has ceased to operate.

I ought not to omit informing you, that the Hon’ble Mr. King having been appointed Minister Plenipotentiary to the Court of Great Britain, & accepted that Place, his Seat in the Senate of the United States has become Vacant.8

In the Course of your Deliberations on the Affairs of the State, and the means of preserving & encreasing the Public Welfare, many interesting Subjects will rise into View— such as these among others: The Manner in which the Salt Springs may be rendered the most useful, and the Woods in the Neighbourhood of them best preserved—9 the Facilities & Encouragement that may be proper towards obtaining an accurate Map of the whole State—10 The Necessity of rendering the Laws respecting Roads & Bridges more effectual—11 and of revising & amending those which relate to the militia,12 & which direct the Inspection of certain of our Staple Commodities—13 as these & various other objects derive Importance from their Relations to the General Welfare, they will I am persuaded recieve a proportionate Degree of your Attention: And I assure you that it is no less my Desire, than it is my Duty, to cooperate with you in guarding & promoting the Prosperity & Happiness of our Fellow-Citizens.

John Jay

DS, ICHi (EJ: 03505). Endorsed: “Governors Speech to the / Legislature Novem. 1st 1796 / Senate Copy”. Herald (New York), 2 Nov.; Register of the Times (New York), 4 Nov.; Claypoole’s American Daily Advertiser (Philadelphia), 4 Nov.; Greenleaf’s New York Journal, 8 Nov.; Gazette of the United States (Philadelphia), 9 Nov.; Wood’s Newark Gazette, 9 Nov.; Salem Gazette, 11 Nov.; Andrew’s Western Star (Stockbridge), 21 Nov. 1796; Albany Chronicle, 2 Jan. 1797, and other newspapers; N.Y. Assembly Journal, 20th Sess. (1796–97), 5–6; N.Y. Senate Journal, 20th Sess. (1796–97), 4–5; NYGM description begins State of New York, Messages from the Governors comprising Executive Communications to the Legislature and other Papers relating to Legislation from the Organization of the First Colonial Assembly in 1683 to and including the Year 1906 vol. 2 1777–1822 (Albany, 1909) description ends , 2: 379–85.

For the responses of the state legislature and JJ’s replies, see Philadelphia Gazette, 8 Nov.; Aurora General Advertiser (Philadelphia), 10 Nov.; Register of the Times (New York), 11 Nov.; Andrew’s Western Star (Stockbridge), 21 Nov., and other newspapers; N.Y. Assembly Journal, 20th Sess. (1796–97), 11–12; N.Y. Senate Journal, 20th Sess. (1796–97), 10, 11.

1A state law passed on 26 Mar. 1796 called for the legislature to convene on 1 Nov. for the purpose of choosing the presidential electors. N.Y. State Laws, 19th sess. (1796) description begins [New York State], Laws of the state of New-York. Nineteenth session (New York, 1796; Early Am. Imprints, series 1, no. 30876) description ends , 26.

2For New York’s treaty with the Akwesasne and Caughnawaga Mohawk communities, see the editorial note “Indian Affairs under Jay’s Governorship,” above.

3For New York’s treaty with the Mohawk of Upper Canada, see the editorial note “Indian Affairs under Jay’s Governorship,” above.

4“An ACT to provide for the Payment of the Annuities to the Indians, stipulated to be paid by the State,” was passed on 1 Apr. 1797. N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 183.

5The state legislature passed on 30 Mar. 1797, “An ACT for the establishment and support of a Lazaretto,” N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 158. For more on the yellow fever epidemic and the building of the lazaretto, see the editorial note “John Jay and the Yellow Fever Epidemics,” above; JJ to Charlton, 22 Apr. 1796, above; JJ to Alderman Stoutenbourgh, 7 June 1796, LbkC, N: Governor’s Lbk. 1 (EJ: 03020); JJ to John Murray, 13 July 1796, LbkC, N: Governor’s Lbk. 1 (EJ: 03024); Richard Bayley to JJ, December 1796, ALS, NHi (EJ: 00891) containing letter of 28 Nov. 1796 and report on the lazaretto.

6For the various plans to fortify New York’s inner and outer harbors, see the editorial note “Defending New York,” above.

7On 2 Nov. 1796, a committee was formed in the Senate to consider the bill, “An act for the support of the St. Domingo French refugees in the City of New-York.” It passed the Senate and the Assembly on 11 and 17 Jan., respectively. On 21 Jan. 1797, the Council of Revision deemed that “it does not appear improper” that the bill become law. N.Y. Senate Journal, 20th sess. (1796–97) description begins [New York State], Journal of the Senate, of the state of New-York; at their twentieth session, the first meeting began and held at the city of New-York, the first day of November, 1796; and the second, at the city of Albany, the third day of January, 1797 (Albany, [1797]; Early Am. Imprints, series 1, no. 32554) description ends , 7, 25, 28, 29; N.Y. Assembly Journal, 20th sess. (1796–97) description begins [New York State], Journal of the Assembly, of the State of New-York; at their twentieth session, the first meeting begun and held at the City of New-York, the first day of November, 1796, and the second at the city of Albany, the third Day of January, 1797 (Albany, [1797]; Early Am. Imprints, series 1, no. 32553) description ends , 6, 32, 55, 65; and N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 360. See also JJ’s Address to the New York State Legislature, 6 Jan. 1796, notes 9–10, above; JJ to Richard Lawrence, 23 Jan. and 9 Feb. 1797, and 6 Jan. 1798; and Lawrence to JJ, 27 Jan. 1797, all below.

8After RK stepped from his senate seat to take on the role of U.S. minister to Britain, John Laurance (Lawrence) succeeded him as U.S. senator after winning a special election held by the New York State Assembly. N.Y. Assembly Journal, 20th sess. (1796–97) description begins [New York State], Journal of the Assembly, of the State of New-York; at their twentieth session, the first meeting begun and held at the City of New-York, the first day of November, 1796, and the second at the city of Albany, the third Day of January, 1797 (Albany, [1797]; Early Am. Imprints, series 1, no. 32553) description ends , 18–19.

9On 1 Apr., the state legislature passed “An ACT concerning the salt springs in the county of Onondaga,” N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 206–12.

10On 28 Mar., the state legislature passed “An ACT in addition to an act entitled an act for the further direction of the Commissioners of the Land Office, and for other purposes therein mentioned, N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 126–28.

11In order that “direct communications be opened and improved between the western, northern, and southern parts” of New York, the state legislature established three lotteries in order to raise the sum of $45,000. See “An ACT for opening and improving certain great roads within this state,” N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 136–43, quote on 136.

During the twentieth session of the state legislature, lawmakers passed additional bills to build bridges over the Cayuga Lake, Rosendal Kill, and the Mohawk River, and to construct and repair roads in Orange Town and between Albany and Schenectady. N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 23–24, 133–36, 187–203, 213, 220–22.

12For more on the efforts to reform the state militia, see the editorial note “Militia Matters in New York State,” below.

13The state legislature passed “An ACT to continue in force an act entitled ’An act for enreasing the compensation to the measurers of grain and inspectors of flour and meal in this state’” on 30 Mar., and “An ACT making alterations in the inspection laws of this State” on 3 April. N.Y. State Laws, 20th sess. (1797) description begins [New York State], Laws of the state of New-York, passed at the twentieth session of the Legislature, begun at the city of New-York, and held by adjournment at the city Albany (New York, 1797; Early Am. Imprints, series 1, no. 32556) description ends , 158, 217–19.

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