John Jay Papers
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To John Jay from Samuel Bayard, 16 May 1796

From Samuel Bayard

London 16. May 1796.

Dear Sir

Your favour of the 25. March1 reached me on saturday last (the 14th. inst.). It came I presume by the packet—or it would probably have been accompanied by the “printed papers” you were so obliging as to propose sending me—2 Every information from the U. States is exceedingly interesting at all times—but peculiarly so when our national affairs are in so critical a posture as they were when at the date of the latest accounts from America—

I had occasion to call on Mr Hammond this morning, & from ^him^ received intelligence of so late a date from Philada. as the 17 April— Congress were then it seems engaged in debating the resolution laid on the table by Mr McClay—3 It cannot be that the House of Representatives would be so mad as to adopt such a resolution— It is impossible they would expose us to the horrors of war when we are on the eve of settling all differencies ^with G. B.^ amicably.

The decisions of the Lords of Appeal have of late been as favourable as we could expect— They have reversed several sentences of condemnation grounded on the orders of the 6 Novr. 93.— they have determined to restore all property seiz’d ^& condemned^ by virtue of these orders if not otherwise liable to Condemnation— And yet in a late case (the Sally—Choate M[aste]r.) they have declar’d these orders to be perfectly conformable to the laws of nations—& the revocation of them by those of the 8. Jany. 94. to have been made entirely from a spirit of amity & concession to the U. States— Under the circumstances which attended the Commencement of the present war they hold that Captors were authorized with or without these orders of the 6. Novr. to seize neutral vessels trading generally with the French West Indies, but they say altho’ the seizure was justifiable, the condemnation might not be unless the property on examination proved to be Enemy’s—

On the whole however I think there is a wish with the Lords of Appeal to do us as full justice as their prejudices in favour of Captors & ^of^ their rights will permit— But where they fail to do us ample justice the Commissioners under the treaty may be resorted ^to^—& I trust with confidence— Dr. Nicholl has been nam’d as one—& I hear a Mr. Antley is the other, on the part of this Country— A better or fitter man could not have been selected than the former—& so far as I know the latter may be an equally suitable man—

Agreeably to your instruction I have endeavoured to keep the Secretary of State fully & correctly informed of all whatever is important respecting the claims and appeals under my care, but have to regret that I [illegible] ^have^ not heard so often in reply as perhaps the interests of those in whose behalf I act, would require— Mrs Bayard joins in best regards to yourself & Mrs. J. with Dear Sir your obt. servt.

Sam Bayard

ALS, NNC (EJ: 12841).

1JJ to Bayard, 25 Mar. 1796, ALS, MHi (EJ: 04760).

2In his letter of 25 Mar., JJ wrote, “This Letter will probably go by the Packet, whose sailing being always uncertain, and sometimes sudden, I think it best to be prepared— If any other Vessel should sail before her bound to London I will enclose some printed papers for you—”.

3Samuel McClay (1741–1811) was a Pennsylvania Republican and member of the House of Representatives (1795–97). McClay proposed on 14 Apr. to abolish the treaty that JJ had negotiated with the British government since the Royal Navy was still seizing American merchantmen and impressing American sailors. McClay withdrew his motion, but then requested that his resolution be read before the House. Annals description begins Annals of the Congress of the United States (42 vols.; Washington, D.C., 1834–56) description ends , 5: 969–71, 974. See also JM to James Monroe, 18 Apr. 1796, RC, DLC: Madison; PJM description begins William T. Hutchinson, William M. E. Rachal, Robert A. Rutland et al., eds., The Papers of James Madison, Congressional Series (17 vols.; Chicago and Charlottesville, 1962–91) description ends , 4: 9–11, and note 3.

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