John Jay Papers
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To John Jay from Phineas Bond, 11 August 1789

From Phineas Bond

Broadway 11th. Augt. 1789.

Sir

I have now the Honor to enclose the Commission I hold, as his Majesty’s Commissary for all commercial affairs, within the Dominions of the United States, which I am commanded by his Majesty to present for the Approbation, & Recognition of the United States.—1

The Conversation you were pleased to indulge me with, in Regard to this Commission, leads me to offer some few Observations which I flatter myself may have a Tendency to remove the difficulties as to it’s Adoption, you so candidly expressed.—

The Scope & Intention of the Appointment, is best explained by the Title of the Commission— it implies a mere Delegation to a Commissioner for a particular Purpose— The Commercial Intercourse between Great Britain and the United States, having drawn much Property hither, belonging to the trading Part of the Nation, it was deemed expedient to appoint a special Commission, thro’ which representations should pass upon the various matters which had and might, from time to time, occur: And such was the Purpose of the present Appointment— An Appointment, I conceive, Sir, with great deference, perfectly compatible with that Practice, and with those Rules, which prevail among Nations, to hear & reform well founded Grounds of Complaint, where the Interests of the subjects of foreign Countries are at Stake.

From the very Nature of the extensive commercial Intercourse between Great Britain & the United States, frequent causes of Representation have, and must arise; suitable Representations not only promote the Purposes of Explanation & Redress, but have a tendency to maintain a good Understanding— I should therefore humbly hope, no objection will now exist, to the recognizing a Commission, which has singly for its object, the protection of the Property & Rights of the Subjects of the Kingdom, from whence the Appointment is derived.—

In Answer to the objection founded upon the difficulty of defining the Privileges, annexed to the Commission of Commissary, I beg Leave to remark, that the Laws of Nations annex a certain Degree of Protection to the Officers of foreign Empires, from the Period of their Recognition— In the present Instance, my Commission as Consul, (which the United States have been pleased to adopt in a particular mode) involves in it, that degree of Protection; and seems to dispense with the immediate Necessity of defining the privileges of the Appointment of Commissary:— I take the liberty of suggesting this Idea, to Obviate the Objection you expressed upon the Score of Privilege—

The Interests of the Subjects of Great Britain are very materially connected with the United States— Their Importance induced his Majesty to establish a Commission whose immediate Powers should be pointed to the Superintendence of those Rights, which are tolerated between Nation & Nation, especially as far as they regard commercial Objects—

Give me Leave, Sir, to add, the Policy of Great Britain secures to the Citizens of the United States, speedy & ample relief in all matters which relate to their Interests— The Justice & Wisdom of the federal Government, afford a well founded Hope, that an alternate return will prevail in cases which affect the Claims of his Majestys Subjects, sanctioned by private Compacts, and ratified by the positive Stipulations of Treaties.—

A System of Conduct fixed upon the liberal Foundation of a reciprocal Intercourse and interchange of good Offices, must be the Source of Mutual Benefit to both Countries; And under this full Conviction, I trust I may be permitted to express my unfeigned wish, that such a system may be speedily and efficiently established—2 With Sentiments of perfect Respect, I have the honor to be, Sir, Yr. Most Obdt. & Most Hble. Servt.

P. Bond

Hon: John Jay Esqr. Secretary for foreign Affairs

ALS (FC), UkLPR: FO 4/7 (EJ: 05038); LbkC, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG 59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 4: 53–56 (EJ: 02363).

1On the late Congress’s rejection of Bond’s commission, see the editorial note “Consuls de Gratia: The Role of British Consuls,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (4 vols. to date; Charlottesville, Va., 2010–) description ends , 4: 247–48.

2JJ replied on 24 Aug., returning Bond’s commission and informing him that GW considered the reasons that influenced the late Congress regarding it well founded. On 26 Aug., at Bond’s request, JJ communicated what those reasons were. See OFA Journal description begins Daily Journals, Office of Foreign Affairs, 1784–1790, 2 vols., Papers of the Continental Congress, RG 360, item 127, National Archives (M247). Accessed Fold3.com description ends , 24 and 26 Aug. 1789 (EJ: 03802); and JJ to Bond, 24 Aug., DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG 59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 4: 56 (EJ: 02364); C, DLC: Washington, ser. 2 (EJ: 10063); and 26 Aug., below.

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