John Jay Papers
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John Jay’s Draft Charge to the Grand Jury, Circuit Court for the District of Virginia, [16 April–22 May 1793]

John Jay’s Draft Charge to the Grand Jury, the Circuit Court for the District of Virginia

[Philadelphia, 16 April–Richmond, 22 May 1793]

In Proportion as nations and Individuals deviate from order, in It is an Observation no less useful than true, that nations and Individuals injure their essential Interests in proportion as they deviate from order. By order I mean that reational Regularity which results from attention and Obedience to those Rules and principles of Conduct which Reason indicates and which morality and wisdom prescribe. These Rules and Principles reach every Station and condition in which man cou’d Individuals can be placed, and extend to every possible Situation in which Nations can find themselves.

Among these Rules are comprehended the Laws of the Land, and that they may be so observed, as to produce the Regularity and order intended by them, courts of Justice were instituted, whose Business it is to punish offences, and to render Right to those who suffer wrong.

To enquire into and present these offences is the Duty which the Law Gen[erall]y. imposes upon You, and as this is a national Tribunal having Cognizances only of offences against the Laws of the united States, your Inquiries and Presentments are to be confined to offences of that Description.

The constitution, the Statutes of Congress, Treaties constitutionally made and the Laws of nations, and Treaties constitutionally made, compose the Laws of the United States.

[When?] You will percieve that their object is twofold, to regulate the conduct of the citizens relative to our own nation & people, and relative to foreign nations & their Subjects.

To the first Class belong those Statutes which respect Trade navigation & Finance, and the Pen those which ^& those^ against Forgery and counterfeiting and ^the^ other offences enumerated in what is generally called the penal Statute— To particularize and explain each of these, would be require Details which on this occasion would be ^un^necessary. Among the most important are those which respect Finances ^the Revenue^. Their object is to provide for the payment of Debts already accrued, & to provide for the current and ^for the^ contingent Expences of the Governmt. and nation—

Justice and Policy unite in declaring that Debts fairly contracted should be honestly paid. On this Basis only can public Credit be erected and supported; and they either want wisdom or Virtue or both, who regard Fraud and chicane as a justifiable or use^ful^ Instrument of Policy— The man or the Nation who eludes the payment of Debts, ceases to be worthy of further Credit, and generally meets with Justice their Deserts in the entire Loss of it, and in the Evils resulting from that Loss. We are all interested in the honor and advantage of public Credit— and therefore it is proper that all shd unite in defending and maintaining it— The current ^or ordinary^ Expences of our Governmt. are less than those of any other nation. What our extraordinary and necessary Expences may be, cannot be ^foreseen & consequently cannot be^ calculated. they will depend on Events. a war would demand supplies for which Taxes ^alone^ cannot provide produce, and ^for^ which Recourse must be had to Loans— The Success of Loans will always depend on our Resources and [revenues?] Credit; and our Credit will always be in proportion to our Resources and ^to^ our Punctuality. All our Citizens therefore are deeply interested in public Credit. It is their Duty to unite in preserving and supporting it; and it is your Duty Gentlemen to enquire into and present every such violations of the Laws Revenue Laws as you may find to have been committed within this District. It gives me pleasure to observe that the Respect hitherto paid to these Laws by our fellow Citizens in general, has been exemplary, and honorable to their virtue and Patriotism. I hope the Result of your Inquiries will give additional Force to this Remark.

The present State of affairs requires that the second object of the Laws should be more [roundly?] considered ^attentively regarded^. I mean those which regulate our Conduct relative to foreign nations and their.

This Head comprizes the Laws of nations and Treaties—

By the Laws of nations our Conduct relative to other nations is to be regulated both in peace and in war— it is a Subject that merits attention and Inquiry, and it is much to be wished that it may be more generally studied and understood.

It may be asked who made the Laws of nations. The answer is he who from whose will proceed all moral Obligations, and which will is made known to us by Reason or by Revelation—

Nations are with Respect to each other, are in the same Situation as independent Individuals in a State of nature.

Suppose twenty families should be cast on an Island and after dividing it between them conclude to remain unconnected with each other by any kind of Governmt. Would it thence follow that they there are no Laws to direct their Conduct towards one another? certainly not. Would not the Laws of Reason and morality ^direct^ them to behave to each other with Respect, with Justice, with Benevolence, with good Faith. Would not those Laws forbid direct them to abstain from violence to abstain from interfering in their respective domestic Governmt. and arrangements, to abstain from causing Quarrels and Dissentions in each others Families, to abstain from seducing the Individual members of those Families into. ^[in margin] If they made Treaties, would they not be bound to observe them? Or if by consent express or implied they gave occasion to usages mutually convenient, would not those usages grow into conventional Laws?^ The answer is obvious.

In like manner, the Nations throughout the world are like so many great Families placed by Providence on the Earth, who having divided it between them, remain perfectly distinct from and independent on each other. Between them there is no Judge but the great Judge of all. They have a perfect Right to establish such Governments ^and build such Houses^ as they prefer, and to manage all their several Concerns according to their will and pleasure— ^their neighbours have no Right to pull down either because not fashioned according to their Ideas of Perfection^— in a word, one has no Right to interfere in the affairs of another— but all are bound to behave to each other with Respect, with Justice, with Benevolence and with good faith.

When two or more of them are at War about objects in which other nations are not interested, the latter are not to interfere except as mediators and Friends to Peace, but on the contrary ought to observe a strict Impartiality towards both, abstaining from in affording military aid to either, and continuing to extend to a ^of any kind^ or giving just Cause of offence to either.

The united States are now in this Situation relative to the belligerent Powers. Strict Impartiality is our Duty in all Cases except in Cases where prior Treaties do not stipulate ^for^ Favors. and it is no less our Interest than our Duty to act accordingly. ^a just^ war is an Evil, but it is not the greatest, oppression and Disgrace are greater— war is not to be sought, but it is not to be fled from. Let us do exactly what is just and right and then be ^remain^ without fear tho ^but^ not without Care about Consequences. An unjust war is among the greatest of Evils, and for this & numerous other Reasons, because the Blood & misery caused by it must rest on the Heads of those who wage it—

I have mentioned Respect among the Duties which nations owe to each other. This merits attention— Every man owes it to himself to behave to others with civility and good manners; and Every nation in like manner is obliged by a due Regard to its own Dignity and Character, to behave towards other nations with Decorum. Insolence will and Rudeness will not only degrade and disgrace both nations and Individuals and nations ^but also^ but also tends to provoke ^expose them to^ Hostility to both ^& Insult^— It is the Duty of both to cultivate Peace and good will, and to this nothing is more conducive than Justice, Benevolence and good manners— Indiscretions of this kind have given occasion to many wars.

If in this District you should find any persons engaged in fitting out Privateers or enlisting men to serve against either of the Belligerent Powers, and in other Respects violating the Laws of Neutrality, you will present them. ^doubtful^ cases may arise of [Even?] on such occasions the attorney General or the Court will afford you the necessary assistance.

But the Belligerent powers owe Duties to us as well we as we to them. They may violate our neutrality, and commit offences— These offences are of two kinds such as belong are cognizable by the Judiciary and such as are cognizable only by the Govt.—

If you find any foreigners in this District committing seditious practices endeavoring to seduce our Citizens into acts of Hostility, or attempting to withdraw them from their allegiance to the united States— present them. such men are guilty of high misdemeanours—

A novel and absurd Doctrine has been propag^at^ed and found some advocates even in this enlightened Country, vizt. that as every citizens hav^e^ a Right to expatriate so they have a right to engage ^and enlist^ in the ^military service in one of the powers at^ war provided they at the Time same Time ^declare that they^ expatriate. I make no Remarks on this ridiculous Doctrine— Its absurdity is obvious—

Of national violations of our neutrality our Govt. only can take Cognizance. National^s^ are their own Questions of peace and war and Reprizals and the like do not belong to Courts of Justice, nor to individual Citizens nor to Clubs or associations of any kind, and for this plain Reason because the People of the united States have been pleased to commit them to their Representatives in both ho the Congress.

Are we then to punish our Citizens for hostile Conduct against such of the belligerent powers as violate our Neutrality and do us Injustice— This is a natural Question: and

There must be order in Society or the Bonds of it will soon be dissolved— This order consists in every mans moving in his own Sphere, doing the Duties incumbent upon him, and not going out of the Circle of his own Rights and powers to meddle ^or officiously supervise^ those of others.

The great Questions before mentioned being committed exclusively to Congress, they must be left free to deliberate and their Decisions must be conclusive—

We have Treaties peace with France Holland Great Britain and others and in Case of certain Infractions and aggressions on their part, the united States or the Department of the Government to which they have delegated that authority, have a Right ^to demand Satisfaction and in Case of Refusal^ to declare them to be null and void and ^war^ or to direct Reprizals ^or such other measures as Circumstances may dictate^. But it does not follow from the Existence of such Infractions that any other Body or Person in the united States have authority to do the like.

Every Treaty observed by both parties is binding on both, neither party by violating it can absolve himself from the obligation of it, but the other party against whom the violation is committed may or may not take advantage of that violation and either disannull the Treaty or make Reprizals or demand and accept Reparation as may best suit his Interest.

You will percieve therefore that the annulling of Treaties by Reason of Infractions is a political one, and that it ^Such measures^ involve a variety of political Considerations, such for Instance as these.

Is it adviseable immediately to declare it to be void war? Would it be more prudent first to remonstrate or demand Reparation— or direct Reprizals? are we ready for war? Would it be wise to risque it at this Juncture— or postpone running that Risque untill we can be better prepared for it? Would it be best at this moment to take any of the measures d[illegible] These and a variety of similar Considerations ought to precede and govern the Decision of those who annul violated Treaties, order Reprizals, or declare war.

The nation must either move together, or lose its Force. Untill war is constitutionally declared—the nation and all its members must observe and preserve peace, and do the Duties incident to a State of peace— Such at present is our Situation, and in that Light Gentlemen you will regard it. As free Citizens we have a Right to think and speake our Sentiments on this Subject, and that ^in Terms^ becoming Freedmen— That is ^in Terms^ with explicit, plain and decorous. As Judges and Grand Jurors the merits of those political Questions are without our Province.

Let us faithfully do the Duties assigned to our Stations. it is yours to enquire into and present all offences against the Laws of the united States committed in this District or by per on the high Seas by persons in it— And we have the fullest Confidence that you will discharge these Duties in the manner prescribed in the oath you have taken with Diligence & Impartiality ^and Impartiality^ and with^out^ fear favor affection or Respect to persons—

Dft, NNC (EJ: 08126). For the final draft text, delivered 22 May, see below.

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