John Jay Papers
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From John Jay to Timothy Pickering, 20 July 1796

To Timothy Pickering

New York 20 July 1796

Sir

I had last Evening a Conversation with Col. Hamilton on the Subject of your Letter to him of the 16th. Instant—a Copy of which was enclosed in yours to me of the same Date—1 He will I presume state to you particularly our opinions on the three Questions mentioned in it—

It appears to me adviseable that, prior to the Nomination by either Party of a third Commissioner, Mr Howell should endeavour to agree with Mr. Barclay on such Principles as would exclude exceptionable persons—such for Instance—that no person personally interested in Lands that may be affected by the Decision should be appointed—that no Person interested as a Freeholder or Inhabitant liable to Taxes in, or holding an Office under the Province or State between which the Line to be settled must run, shall be appointed—that no Person known to have given and advocated a decided opinion in favor of either Claim shall be appointed &c:

If Mr Barclay should nominate for the Ballot a person personally interested, I think Mr Howell would be justifiable in refusing to proceed in the Business— That Exception resulting from obvious Principles of Equity and Fairness — each Party has equal and reciprocal Latitude, but both should aim at Impartiality and Justice—

I think the nature of the Transaction indicates that the award of two out of three will be definitive notwithstanding the Dissent of the third—

If Mr Barclay consider himself as a Manager, and not as an impartial Judge between the Parties, and thinks that any advantages which may be gained would be honorable, he certainly has a very incorrect Idea of his Duty. If he has made any such Declarations they should be well substantiated, for in my opinion they go to his Disqualification. If he should persist in such opinions, and in the Business of appointing a third Commissioner should act accordingly I think Mr Howell would be right in declining to proceed— In that Case the Facts should be accurately ascertained in order to become the Subject of a proper Representation to the British Court— Care should, and doubtless will be taken that all the Proceedings on our part should bear unequivocal Marks of Candor; and that neither Captiousness nor light or invidious Suspicion or Insinuations be imputable to our Commissioner ^or our^ Agent— I have the Honor to be with real Respect & Esteem Sir Your most obt. & hble Servt.

John Jay

The Honb. Timothy Pickering Esqr. Secy of State

ALS, MHi: Pickering (EJ: 04773). Addressed. Stamped: “N. York JULY 21”. Endorsed: “Mr. Jay July 20. 96 / St. Croix.” Dft, NNC (EJ: 09491).

1See TP to JJ, 16 July 1796, with enclosed TP to AH of same date, above. On the St. Croix commission, see the editorial note “Aftermath of the Jay Treaty: Responses, Ratification, and Implementation,” above.

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