Report on a Letter from the Governor of Massachusetts, 16 August 1785
Report to Congress on a Letter from the Governor of Massachusetts
Office for foreign Affairs 16th. August 1785
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of the 8th. Instant from his Excellency the Governor of Massachusetts, to the Delegates of that Commonwealth in Congress—Reports
That in his Opinion the Answer of the Governor to Captain Stanhope’s1 first Letter was perfectly proper, that the Captain’s Reply was highly disrespectful and being so, that such Measures ^might have been^ adopted as the Laws may prescribe for asserting the Dignity of Government in such Cases.—
He is further of opinion that two Things are essential to the Respectability of Government. (1) That it should be always in the Right, and (2) that it should never be opposed or ill treated with Impunity. To these Ends its own internal Power (in such Cases as the present) is, or ought to be adequate, and therefore a Recurrence to a foreign Sovereign to resent and punish Affronts to such Government, committed under its Eye, and within its Jurisdiction, appears to your Secretary ^a departure from^ that self Respect, which on such Occasions should invariably be observed, except indeed where such Indignities are offered by Ambassadors.—
If these Principles are well founded, then it will follow as a necessary Consequence, that no Complaint ^or Application for Redress^ should be made by Congress to his britannic Majesty on the Subject in Question.
But as America and Britain are at Peace, and in that Sense Friends, it is to be presumed that Disrespect to the one, from Officers of the other, must be offensive to the Sovereign of such Officers; inasmuch as such Conduct tends to irritate and alienate the good Will of the other. Under this View of the Matter, your Secretary thinks it would be proper to transmit these Papers to the Minister of the United States at the Court of London, and to instruct him to communicate them to the british Minister and to assure him—
- (1) That nothing but a Desire to avoid encreasing the Irritation which the late War ^[in margin] may have produced in^ the two Nations could have restrained the Governor from resenting the indecent Conduct of Capt. Stanhope in a severe and exemplary Manner
- (2) To assure him that Congress are persuaded that such Behaviour must give no less Displeasure to his Majesty, than it does to them—and that as all Sovereigns must in a certain Degree be affected by the Conduct of their Servants, Congress think that the Justice due to his Majesty, calls upon them to lay this Information before him.—
- (3) That Congress flatter themselves that this Instance of Delicacy and Moderation will be ascribed to its proper Motives, and considered as evincive of a Desire to prevent Animosity and promote mutual good Will.
Your Secretary also thinks it would be proper to transmit a Copy of this Report to the Governor of Massachusetts, and to assure him that Congress consider the Dignity of each of the States as inseperably connected with that of the Union; and therefore that it shall on every Occasion experience their Care and Attention.—All which is submitted to the Wisdom of Congress—
John Jay
DS, DNA: PCC, item 81, 353–56 (EJ: 3850). Endorsed: “Report of Secy for forn. Affrs. / on a letter of 8th. Aug 1785 / from the Governor of / Massachusetts—” LbkCs, with enclosures, DNA: PCC, item 124, 1: 125–27, 128–39 (EJ: 4522); NNC: JJ Lbk. 3. Enclosures: James Bowdoin to the Massachusetts Delegates, 8 Aug.; Captain Stanhope to Bowdoin, 1, 2 and 3 Aug.; Bowdoin to Stanhope, 1 and 3 Aug. 1785 ( 29: 637–45).
1. Captain Henry Stanhope, commander of the British frigate Mercury, had complained to Governor Bowdoin on 1 Aug. that he and his crew had been assaulted and insulted by a mob during their stay in Boston; he wanted protection from further insult and the ringleaders of the mob brought to justice. Bowdoin attributed the hostility Stanhope encountered to local resentment of British trade policy. When Bowdoin merely referred Stanhope to the courts of law for redress of any injuries received, Stanhope wrote an insulting letter declaring the response inadequate and proclaiming that there was no nation “not even the Ally of these States, that would not most severely reprobate either the want of energy in government or disinclination of the Governor to correct such notorious insults to public characters, in which light only we can desire to be received.” Declaring Stanhope’s responses insolent, Bowdoin referred the case to the state’s congressional delegates, asserting that unless it were properly resented: “every british Officer of every british vessel, however insignificant, will whenever an opportunity shall offer, insult the government of every State in the Union; and that a tameness under insult must, in the estimation of all Foreigners, effectually destroy the national character and importance of the United State.” Congress referred the case to JJ to report. His report and the enclosed letters were read in Congress on 18 Aug. Congress agreed to the report and ordered a copy to be sent to the executives of the various states. 29: 637–47; 22: 575–76, 583–84. JJ also sent a copy to JA in his letter of 6 Sept., below.