From John Jay to John Lowell, 10 May 1785
To John Lowell
Office for foreign Affairs 10 May 1785
Dr Sr.
I have been favored with your obliging Letter of the 18 March,1 and should sooner have thanked You for it, had ^not^ a Variety of Matters concurred in constraining me to postpone that Pleasure till now.
My Endeavours I assure you shall not be wanting to put the Affair of Mr Soderstrom in such a Train as that it may be terminated to the Satisfaction both of that Gentleman & of his Creditors. The Report on his Case was entirely dictated by public Considerations; for considering the feeble State of our fœderal Government It appeared to me highly expedient that its Tone should not only be prevented from become^ing^ more relaxed, but that it should be invigorated in every Manner and Degree which our union & general Interests may ^might^ require and a due Regard to our Constitutions & equal Rights may permit.2
It is my first wish to see the united States assume and merit the character of one Great Nations, whose Territory is divided into different States merely as for the purpose of ^more^ convenient Government and the more easy and prom prompt Administration ^of^ Justice. just as our several States are divided into Counties and Townships for the like purposes. Until this be done the chain which holds us together will be too feeble to bear much opposition or Exertion, and we shall be daily mortifying^d^ by ^seeing^ the Links of it giving Way & & calling for Repair one after another.3 accept my sincere acknowledgments for the very obliging Terms in which you mention my appointmt to the Office I now hold, and be assured of the Esteem & Regard with wh. I am Dr Sr. your most obt. & very hble Servt
The Honorable J. Lowell Esqr. Boston
Dft, NNC (EJ: 5726). Endorsed in another hand. LbkC, , 1: 254–55.
1. See Lowell to JJ, 18 Mar., ALS, DNA: PCC, item 78, 14: 623–26 (EJ: 10976); LbkC, , 1: 252–53 (EJ: 1641).
2. For the problems posed by Soderstrom’s recognition as consul by Massachusetts prior to recognition by Congress, see JJ’s report to Congress of 2 Mar. 1785, above. In his report of 13 May, DS, DNA: PCC, item 81, 219–22 (EJ: 3834), LbkC, DNA: PCC, item 124, 1: 77–79, JJ addressed both issues raised by the Soderstrom appointment: Congress’s jurisdiction over consular personnel, and consular exemption from American laws. JJ asserted that the law of nations gave every state the right to decide the terms on which it would receive consuls. He suggested that Congress resolve that, unless exempted by particular conventions, consuls and vice consuls of both the United States and foreign nations should be held amenable as private citizens for any offenses against the laws of the receiving nation and for debts owed to its citizens. JJ adhered to this position when, in 1787, American consul Thomas Barclay was arrested for debt in France. See JJ’s report to Congress on the petition of Valentine and Patrick French and Nephew, 26 Sept. 1787, RC, DNA: PCC, item 81, 2: 103 (EJ: 3917); LbkC, DNA: PCC, item 124, 3: 120–22 (EJ: 4609). Finally, JJ recommended that Congress recognize Soderstrom as consul once he produced his commission and that it ignore the “irregular” recognition of Soderstrom by Massachusetts. Congress issued Soderstrom an exequatur on 25 May, and JJ notified the state on 27 May. See JJ to the Governor of Massachusetts (James Bowdoin), 27 May 1785, LS, ICU (EJ: 3666); LbkC, , 1: 278 (EJ: 1653); and 28: 393.
3. On JJ’s consolidationist views, see “Supporting a Strengthened Constitutional Structure” (editorial note), below.