From John Jay to Peter Augustus Jay, 31 January 1810
To Peter Augustus Jay
Bedford 31st. Jany 1810
Dear Peter
I have recd. your Letter of the 26th.,1 and the Boxes of Plaister you sent by the Stage. They are much less in Size than those bought and sent by Wm. Watkins— buy three or four more, while they may be had, and keep them for the present.—
Wm. has been confined by a Cough, which is better— when a little more so, he purposes to make you a visit; and by him I intend to send the Papers you mention— He says his Eyes have gained a little; and Nancy having tried the ointm[en]t. thinks it of some use to hers.—
When a uniform good Character is exposed to “odiosa”2 arising from the Imputation of a single misdeed, the Evidence of it shd. rise more to a high Degree of Probability before we permit it to change our opinion— An acquittal, notwithstanding anterior and constant good Behaveour, may nevertheless be unavoidably so circumstanced, as still to leave some light Shades of Doubt: but yet it forbids us to adopt that severe Line of Conduct which a strong and rational Presumption of Guilt renders highly proper.
What the preceding character, or subsequent Behaviour of the Person you mention was, or has been; or why the acquittal did not replace the Party in “Statu quo” I am uninformed, and consequently am too much in the dark, to find a Foundation whereon to rest a decided opinion.
The nature of the offence that was tried, suggests the Supposition of a precursory one— Whether that Tryal extended its Inquiries to both, and acquitted both, either explicitly or impliedly, is to me uncertain. I suspect that the precursory one was clear and out of Question, and that it produced (notwithstanding the Acquittal) the alienation which followed.
If it is to be presumed that previous Inquiries were made respecting the whole matter, and that the Results were favorable, such a Presumption would afford an answer to the Question you ask. The occasion seemed to invite Explanations—perhaps some were given—
You may, or perhaps can be better informed than I am, and thereby be better able to arrive at just conclusions. If the Scales should be even, or very nearly so, the Rule is “ubi Consciencia est dubia, actio est suspendenda.”—3
This Subject has some Importance attached to it, and it is desireable that the Line of Propriety may be discovered— besides, it is not a “pro hac vice”4 Business—occasional and transient.
It is like coming to forked Roads, without knowing which is the right one— it is better to stop and inquire, than trust to chance— If no Information can be had, and you must go on, examine their Bearings &c. and take the most probable one— But to return more directly to the Point, wait in Silence until further Delay would be improper; in the mean time there may be occurrences that will have useful Indications—then take the Road which has most signs of being the right one.
I request the favor of Mary to buy a piece of Cotton for Shirts, less thin tho’ more coarse than the last— we have no Letters by the last post from Albany—Judge Miller has been lately much indisposed— He is disgusted, and I believe his mind is therefore not at Ease—the Vestry have lately passed certain Resolutions (abt. the Feltch affair)5 which will excite his Indignation— You will soon hear more of these Matters from Wm.— I am Dr. Peter your affte. Father
John Jay
Peter Augustus Jay Esqr.
1. PAJ to JJ, 26 Jan. 1810, not found.
2. Term meaning “offensive, disagreeable.”
3. Legal phrase meaning “when knowledge is doubtful, action is suspended.”
4. Legal phrase meaning “for the occasion”.
5. For the controversy involving Nathan Felch and St. Matthew’s Church of Bedford, see Resolution of the Vestry of St. Matthew’s Church, [Jan. 1810], above; JJ to Benjamin Moore, 14 Feb. 1810, below; JJ to the Wardens and Vestry of the United Episcopal Church of Bedford and North Castle, 14 Feb. 1810, enclosing JJ to Benjamin Moore, 8 Feb. 1810, and Resolution of the Vestry of St. Matthew’s Church, [January 1810], below.