John Jay Papers

From John Jay to Thomas Jefferson, 18 August 1786

To Thomas Jefferson

NYork 18 Aug 1786

Dr Sr

my last to you was dated the 14 of last month, since which I have recd. and laid before Congress your several Letters of 12. 22. 23, two of 27 & one of 31 May last with the Papers enclosed with them.1

It has happened from various Circumstances, that several Reports on foreign affairs still lay before Congress undecided upon. The want of an adequate Representation for long Intervals, & the multiplicity of Business which pressed upon them when that was not the Case, has occasioned Delays & omissions wh. however unavoidable are much to be regretted. It is painful to me to reflect that altho my attention to Business is unremitted that ^yet^ I expect ^so often^ experience unseasonable Delays and successive Obstacles to in obtaining the Decision and Sentiments of Congress, even on Points which require Dispatch But so it is, and I must be content with leaving nothing undone that may depend upon me—

The consular Convention is now ^as it has long been^ under the Consideration of Congress I have more than once called But ^&^ I have Reason to hope will soon they will soon enable me to send you full Instructions on that Subject.

I have long thought and become daily more convinced that the Construction of our fœderal Govt. is fundamentally wrong. To pu vest [Committ?] legislative, judicial & executive powers in the same one & the same Body of Men, & that too in a Body daily changing its Members, can never be wise. In my opinion those three great Departments of Sovereignty should be forever seperated, and made so distributed as to serve as checks on each other. but these are Subjects that have long been familiar to you and you on wh. you are too well informed not to anticipate every thing that I might say on them.

I enclose a late ordinance of Congress for Indian Affairs, and their Requisition for the ensuing Year. Those Subjects have consumed much Time and. They were are however important ones, and the attention of Congress to them could not with Propriety have been postponed. I have advised Congress to renew your Commission as to certain powers—our Treasury is ill supplied—some States pay nothing, and others very little—The Impost not yet established—The People generally uneasy in a certain Degree, but without seeming to discern the true cause vizt. viz want of Energy both in state & fœderal Governments. It takes Time to make Sovereigns of men Subjects.2 I am Dr Sr. with great Esteem & Regard Yr most ob. & very hble Servt

The Hon T. J. Esqr minr ply &c.

Dft, partly in code, using Code No. 10, NNC (EJ: 5860). Endorsed: “… no. 56.” LbkC, DNA: Foreign Letters description begins Foreign Letters of the Continental Congress and Department of State, 1785–1790, RG 59, item 121, National Archives (M61). Accessed on Fold3.com. description ends , 199–201 (EJ: 2467); PTJ, description begins Julian T. Boyd, Charles T. Cullen et al., eds., The Papers of Thomas Jefferson (41 vols. to date; Princeton, N.J., 1950–) description ends 10: 271–72; DC, description begins William A. Weaver, ed., Diplomatic Correspondence of the United States of America, from the Signing of the Definitive Treaty of Peace, 10th September, 1783, to the Adoption of the Constitution, March 4, 1789 (7 vols.; Washington, D.C., 1833–34) description ends 3: 70–72. Incomplete in WJ, description begins William Jay, ed., The Life of John Jay: With Selections from His Correspondence and Miscellaneous Papers (2 vols.; New York, 1833) description ends 1: 250–51; HPJ, description begins Henry P. Johnston, ed., The Correspondence and Public Papers of John Jay (4 vols.; New York, 1890–93) description ends 3: 210, 211. Enclosures: requisition of Congress of 2 Aug., and the ordinance for the regulation of Indian affairs of 7 Aug. (JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 31: 461–65, 490–93). On JJ’s use of codes and ciphers, see JJSP, description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (3 vols. to date; Charlottesville, Va., 2010—) description ends 2: 7–13.

1See JJ to TJ, 14 July 1786, above; and TJ to JJ, 12, 22, 23 (above), two of 27, and one of 31 May, PtCs, DLC: Jefferson (EJ: 10120–10126); PTJ, description begins Julian T. Boyd, Charles T. Cullen et al., eds., The Papers of Thomas Jefferson (41 vols. to date; Princeton, N.J., 1950–) description ends 9: 514–16, 561–63, 582–90, 600.

2This passage is underlined and marked “cypher” in the margin in the Dft; it is encoded in the LbkC, then decoded below with the notation “Explication.”

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