From John Jay to William Henry Clinton, 19 September 1796
To William Henry Clinton
New York 19 Septr. 1796
Sir
I recd. Yesterday the Letter which you did me the Honor to write on the 20th. of June last,1 relative to Lands held by the late Sir Henry Clinton in this State, and which during the late War were confiscated by an act of the Legislature. At that Time I was in Europe, and have little Information respecting the Principles on which several of the Persons affected by that act, were named in it— There is Room to doubt whether the Reason for inserting Sir Henry Clintons name was the one you mention vizt. his being supposed to have been born in america— Gover. Tryon was also named in that act, altho’ well known not to have been a native of this Country.2 In Times like those, the irascible Passions usually operate forceably; and it happened in the course of that contest, that they were too often unnecessarily inflamed.
It is natural for You to enquire whether there be any and what Degree of Probability that the Property in Question would, on application to the Legislature of this State, or to the Governmt. of the united States, be restored?— as this State is interested in the question, my official Situation constrains me to be reserved— it is a question in Regard to which I have no personal Interest; having never purchased nor in any way been the Proprietor of any confiscated Property whatever.
as to the article in the Treaty of Peace to which you allude— permit me to remind you of the Destinction between a Recommendation and a Stipulation to restore. I think Sir! you would do well to state the Case to some able Counsellors, and be guided by their opinion as to the Merits of your Claim to Restitution. If your Brother should, as you expect, call here in his Way from the West Indies, he will have an opportunity of obtaining candid and judicious opinions and correct Information on every Point that may be deemed material; and my Endeavours to render New York agreable to him shall not be wanting.3
Whatever occasions may heretofore have subsisted between the two Countries for Crimination and Complaint, it certainly is desirable that they should not be incautiously revived or brought into View; but on the contrary, that the Impressions they made should be succeeded by those which mutual Justice Kindness and friendly Attentions always produce—4 I have the honor to be with great Respect, Sir your most obt. & h’ble Servt.
John Jay
Col: W. H. Clinton aide de Camp to His Royal Highness the Duke of York
ALS, MiU-C (EJ: 04931). Endorsed: “… Governor Jay / to / Colo. Clinton / In answer to Col. C. / letter of June 20th. 1796 / respecting the late / Sir H. Clinton American Property / Original”. Dft, NNC (EJ: 08966).
1. See William Henry Clinton to JJ, 20 Jun. 1796, above.
2. In his reply of 8 Aug. 1797 [ALS, NNC (EJ: 08651)], Clinton wrote that while he was inclined to agree with JJ on this point, “were there not papers, which state that Fact among others.” The elder Clinton had spent part of his youth in New York while his father was colonial governor. On the rights of “real British subjects” to property, see Extracts from JJ’s Report on Violations of the Treaty of Peace, , 4: 431n3.
3. Clinton’s brother, Henry Clinton, was captured by the French while sailing from San Domingo, where he had served with the 66th regiment. He returned to England in 1797.
4. In his reply of 8 Aug., Clinton wrote, “I hope that the Justice of my Claim will be admitted from my refutation of such pretence as may have been set up against my Father, & then have no doubt but that both Countries will consent to Arbitration. I can have no Objection to the Decision of your Excellency & Mr. Bond, being certain that the Interests of an Individual as well as those of the State will be considered, and that the Amity which subsists between the two Countries will point out some means of doing justice to both: under these Circumstances therefore I shall wait a favorable Opportunity to pursue my Claim.”