George Washington Papers
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https://founders.archives.gov/documents/Washington/05-19-02-0486

To George Washington from John Jay, 25 March 1796

From John Jay

N. York 25 March 1796

Govr Jay presents his respectful Compliments to the president of the United States, & takes the Liberty of sending the enclosed Copy of a Letter which he this Day recd from Mr S. Bayard.1

AL, DLC:GW.

1In his letter from London of 6 Jan., Samuel Bayard informed Jay “of the favourable disposition which has lately been evinced both in Court of appeals and of admiralty in cases where our citizens are concerned. A change of policy has evidently taken place, owing I have reason to think to the ratification of the Treaty by the President. In those suits instituted against Sir J. Jervis & Sir C. Grey in the Court of Admiralty the Judge has declared that he will allow the captors no further time to bring in their papers, but will grant an Order for the restitution of the property seized and sold by these Officers at Martinique, St Lucie & Gaudaloupe & claimed by us, in the course of the present month.

“The Court of Appeals also have recently displayed a spirit widely different from that in the case of the Betsy Capt: Furlong. They have reversed the sentences of the Vice Admiralty Courts in 2 Cases that were argued before them on the 21. Decr, & reprobated in pointed terms the irregular Conduct of the Judges by whom these sentences were passed.

“Added to the circumstance of the Presidents having ratified the treaty notwithstanding the clamor raised against it—this change of measures must be ascribed in a degree to the steps taken in consequence of the decree in the Betsy. I early expressed my sentiments fully, but with coolness and moderation to Sir W. Scott, Dr Nicholl & to Mr Sansom & such of the merchants as I knew had a connection and interest with ministry—Thro’ Mr Adams also I convey’d the information to Lord Grenville which I had recd from the Secy of State—namely that our Govt had learned this decision with disappointment & chagrin—These Steps have had their effect & I trust that in future we may ‘not experience any avoidable delays’ nor that ‘our cases will be so decided as to excite further complaints.’”

Bayard added that after the courts returned from their holiday adjournment, “we shall probably have decrees in several important cases, that will influence the determination of many others” (DLC:GW).

In the case of the Betsey, decided in July 1795, the court of appeals had affirmed the condemnation of the vessel. The Betsey had been taken by a privateer in early 1794 while returning to Baltimore with a cargo from Guadaloupe, which then was considered under blockade according to a November 1793 order of British admiral John Jervis (see Federal Intelligencer, and Baltimore Daily Gazette, 7 Oct. 1795).

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