John Jay Papers
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Proclamation on Yellow Fever, 13 August 1795

Proclamation on Yellow Fever

[New York, 13 Aug. 1795]
By His Excellency John Jay Governor
of the State of New York &ca&ca.—

A Proclamation.

Whereas his Excellency the late Governor of this State did on the twenty second day of August last issue a Proclamation1 in the words following Viz “Whereas there is reason to apprehend that New Orleans, and several of the W. India Islands, are infected with contagious distempers:—In order therefore to prevent the introduction of the same into this State, I do by these presents strictly prohibit and forbid all Vessels coming from New Orleans aforesaid, or from any of the said Islands or other place infected with any such contagious distemper, or having on board any person or persons infected therewith, from coming nearer to any of the Wharves or Shorts of this harbour, or any port or harbour within this State, than one Quarter of a Mile, or of landing any person or goods whatsoever, coming or imported in such Vessel, or of putting the same on board any other Vessel within this State, or the neighbouring states of New Jersey or Connecticut, until such Vessel shall have been examined by the Health officer, and by him reported to be free from any such contagious distemper; and I do hereby require the Branch Pilots and their Deputies to be vigilant and attentive in the discharge of the Duties enjoined on them by Law in this respect. And I do further by these presents appoint John Broome, Isaac Stoutonburgh, John Campbell, Theophilus Beekman, Gabriel Furman, Doctors Samuel Bard and Malachi Treat and Robert Bowne, Nicholas Carmer, Robert Lenox, Nathaniel Hazard, George Janeway, White Matlack, and Frederick Stymets, or a Major part of them, to do and execute every such lawful Act and thing as may be necessary to prevent the introduction of such contagious distempers into this City.[”]2

And Whereas there is at present reason to apprehend that all the Islands in the West Indies are more or less infected with contagious distempers and that from them the Floridas are in danger of receiving and communicating the same before seasonable notice thereof can here be had, and proper precautions taken. And Whereas it is well known that the Countries in the Levant are seldom if ever free from pestilential distempers— Wherefore to guard against and prevent as far as possible the introduction of the said Distempers into this State I do pursuant to the powers vested in me by law, strictly prohibit and forbid all and every Vessels and Vessel arriving in this State from any of the said Islands, Countries and places, And Also all Vessels arriving in this State from any other Island Port or Place, which at the time of their sailing was infected with any such Distemper. And Also All Vessels without exception arriving in this State with any sick persons or person on board—to approach nearer to the City of New York than Governors Island, or nearer to that Island, or to any part of the Shores of this State than half a Mile; or to landing any person or goods coming or imported in such Vessel, either in this State, or in the neighouring States of Connecticut or New Jersey; or to put any person or goods so coming or imported on board of any other Vessel either in this, or in the said neighbouring States— Until such Vessel shall previously have been examined by the Health Officer, and by him be regularly reported to be entirely free from any such Infectious Distempers, and also from the Contagion thereof.3

And I do further expressly order and direct that all such of the said Vessels above designated, as shall come to this Port through the Sound, shall forthwith pass and be carried to, and come to Anchor at the same and no other place than that which is assigned for the Anchorage of those of them which arrive through Sandy Hook—

The Branch Pilots and their Deputies, and all other persons whom it may concern, are hereby strictly enjoined and required to be vigilant and attentive in the discharge of the Duties incumbent on them by Law in these respects.

And as the aforenamed Malachi Treat has lately died, and the said White Matlack is absent, and it being proper that their places should be filled, I do therefore appoint Doctor William Pitt Smith and Andrew Van Tuyl Esquire in their stead; and do associate them with the other persons who in and by the said above recited proclamation are named and appointed for the purposes therein mentioned.4 Given under my Hand and the Privy Seal of the State at the City of New York on the 13th. day of August in the Year of our Lord 1795. And in the twentieth year of the Independence of the United States—

John Jay

By the Governor John H. Remsen. Private Secretary.5

LbkC, N: Governor’s Lbk. 2 (EJ: 03201). PtD, Daily Advertiser (New York), 14 Aug.; Philadelphia Gazette, 17 Aug. 1795.

1Daily Advertiser (New York), 26 Aug. 1794, and American Minerva (New York), 27 Aug. 1794.

2Here ends the text of Clinton’s proclamation.

3For the rationale and operation of quarantines during the yellow fever epidemics, as well as the progress of the disease in New York City at this time, see the editorial note “John Jay and the Yellow Fever Epidemics,” above.

4Dr. Malachi (Malachy) Treat (c. 1750–95), surgeon and physician, former Physician General for the Northern Department during the war of independence, trustee and faculty member of Columbia University (1787–95), the Health Officer of the Port of New York (from 1792), and physician of the New York Hospital. On his job-related death, see the editorial note “John Jay and the Yellow Fever Epidemics,” note 10, above. White Matlack (1745–1824), a Quaker abolitionist and member of the NYMS, was involved in steel manufacturing. Andrew Van Tuyl (1751–1826) was a merchant and Alderman, 3rd Ward (1794–96). Both Treat and Matlack had been appointed by George Clinton. William Pitt Smith (1760–96), son of William Smith, served in the Continental Army and was professor of Materia Medica at Columbia. Smith succeeded Treat as Health Officer.

5John H. Remsen (c. 1770–98) was the brother of Henry Remsen, former under-secretary to the Minister for Foreign Affairs. John Remsen, a “junior” lawyer and one of 17 notary publics in New York City, was appointed JJ’s secretary in 1795. He would leave JJ’s service in 1796. See JJ to John H. Remsen, 12 May 1796, below. He was involved in the New York Tontine Coffee House, the forerunner of the New York Stock Exchange. He died of yellow fever on 14 Sept. 1798, at age 28. See Hardie, Account of the Malignant Fever description begins James Hardie, An Account of the Malignant Fever, La[t]ely Prevalent in the City of New-York (New York, 1799) description ends , 125. See AH to JJ, 17 Sept. 1798, on the need to replace Remsen as notary. ALS, NNC (EJ: 05631); PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 22: 181–82.

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