John Jay of the City of New York Esquire being duly sworn on the holy Evangelists of Almighty God deposes and Says. That he received in a Letter dated the 17 Jany: instant and signed Brockholst Livingston a Paper purporting to be a Copy of an Affidavit of him the said Brockholst Livingston;1 in which making mention of a certain Paper given him to Copy, by this Deponent when in Spain, under an Injunction not to mention his Copying it to Mr. Carmichael, but which Injunction was not complied with, he says “that he ever viewed that Communication of very little Moment, and had since been told by Mr. Jay that he considered it in the same Light” and “that Mr. Jay had given him assurances never to mention or take any Notice of it.” This Deponent says that he does not remember nor does he believe that he ever made such Declaration or gave such Assurances to Mr. Livingston; but he does believe that had Mr. Livingston’s subsequent Behavior been tolerably proper, this Deponent would not have afterwards taken Notice of that Breach of Confidence. And this Deponent doth further say, and that very positively, that he did at the Time charge Mr. Livingston to his Face with that Violation of the Injunction aforesaid, and that the only Excuse which this Deponent remembers or believes that Mr. Livingston offered for it, was “that he thought it great nonsense or damned nonsense to keep such a Thing secret,” or words to that Effect.2

This Deponent admits that he did dismiss Mr. Livingston from his Family in the Month of February 1782 without giving him any Letters or Dispatches to carry with him to America—He further admits and says that he did at that Time write and send Dispatches and that he sent them by Mr. Stephen Codman a Merchant of Boston who set out with Mr Livingston from Madrid on or about the 7th. or 8th. Day of February 1782—3 But he this Deponent most positively says, that the Letters or Dispatches which he then wrote were not Copied by Mr. Livingston either in the whole or in part—and therefore that Mr. Livingston swore at least very adventurously when he swore that those very Dispatches were in his Hand writing. For the Letter which this Deponent then wrote to the President of Congress and which is dated 6th. February 1782 and which mentions its being sent by Mr. Codman, is now among the Files in the Office for foreign Affairs, and appears to be in this Deponents own Handwriting and another Letter which the Deponent then wrote to the then Secretary of the United States for foreign Affairs, and which is also dated 6th. February 1782 and was also sent by Mr. Codman, is likewise among the said Files, and appears to be in this Deponent’s own Handwriting.4

And this Deponent further saith That after becoming informed and ascertained a few Days before Mr. Livingston’s Departure that he had calumniated this Deponent to Mr. Codman, he this Deponent did determine no longer to bear with Mr. Livingston’s repeated and very offensive Improprieties, but to withdraw his Confidence from him, and also to tell him he might return to America, which this Deponent accordingly did tell him. Wherefore this Deponent is well persuaded and does declare, that to the best of his Knowledge, Remembrance, and Belief he did not afterwards give to the said Mr. Livingston any Letters or Dispatches or other Papers whatever to Copy. This Deponent further says that the only paper in Mr. Livingston’s Handwriting which is mentioned to have been enclosed with either of the said Letters, or which this Deponent has any Reason to believe was then sent or dispatched, is a Copy of a Letter from this Deponent to the President of Congress dated 3d. October 17815 and this Deponent from certain Circumstances about that Time written by this Deponent, and which he has very lately read and examined, is certain and positive that Mr. Livingston was employed by him to make the said Copy long before the Time that this Deponent had determined to dismiss him as aforesaid, and he does verily believe that the same was finished by Mr. Livingston prior to that Time; Besides as the said Copy consists of about seventy folio Pages it is not to be supposed that Mr. Livingston could have written it in the course of the few Days which intervened between the Determination aforesaid and his Departure. So that this Deponent does say and Declare to the best of his Knowledge, Remembrance and Belief, that the said Letters and Dispatches by him at that Time sent did not contain, include, or enclose a single Line written or copied by Mr. Livingston after the Determination of this Deponent to dismiss him as aforesaid.

And this Deponent says expressly that he did send those Dispatches by Mr. Codman who set out as aforesaid with Mr. Livingston on or about the 7th. or 8th. February 1782—This Deponent can prove and has proved that Mr. Vaughan was not then at Madrid but had gone to Cadiz where this Deponent has good Evidence to shew that he arrived and was before the 1st. January 1782 and from whence he did not in the meantime return to Madrid.6

This Deponent further says that had Mr. Vaughan been then in the Stead of Mr. Codman he would have given his Dispatches to him without Hesitation, for his opinion of that Gentleman, founded on strong Facts, was such, as to satisfy him of the Prudence of so doing.—

This Deponent further says that he did then consider, and has ever since considered and does now consider his Reasons for not then giving any Letters or Dispatches to Mr. Livingston to be proper and just and sufficient Reasons. And this Deponent did very explicitly specify the said Reasons to Mr. Livingston on the 16th. of January Instant in the Presence of four Members of Congress, and did also then produce good Evidence to shew that the Circumstance aforesaid of his having calumniated this Deponent was mentioned and urged to his Face shortly before his Departure from Madrid.

After this Deponent returned to America Mr. Livingston did behave towards him with Politeness and Attention and it is true that this Deponent did behave towards him with reserved Civility and Complaisance. This Deponent denies having then any Intention of not being on Terms with him. It is true that this Deponent did not then desire or chuse to be on very intimate Terms with him, for considering what had passed and that this Deponent had very little Confidence in Mr. Livingston’s Candor, he did not think it would be either proper or prudent—wherefore this Deponent did wish to be only on such Terms with him, and to preserve only such an appearance of a good Understanding with him as might be requisite to prevent Family Discord, and avoid the Necessity of having any Explanation on these Subjects with him or with others, and particularly with his Father whose Welfare and Happiness this Deponent very sincerely wishes to see preserved from and uninterrupted by domestic or other Troubles.

This Deponent says that since his Return to America he has visited Mr Livingston and invited him to his House, and that he has endeavored to serve him not only by giving him Business in the way of his Profession but by honest and sincere Endeavors to promote a Reconciliation between his Father and him,—But this Deponent also says that he afterwards did find it prudent and advisable to forbear having any other or further Concern with Mr. Livingston or with his affairs than could not be conveniently avoided.

As to what Mr. Livingston in his aforesaid Affidavit deposes respecting the Fidelity of his Conduct as this Deponent’s private Secretary, this Deponent saith that in the Opinion of this Deponent Mr. Livingston did not behave properly in that Capacity, Because independent of the Improprieties which this Deponent so long and so repeatedly experienced ^and bore^ from his Temper and his Tongue, this Deponent has proved and can prove that he did calumniate this Deponent even while he was his private Secretary and enjoying the Rights of Hospitality in this Deponent’s House—Because he did as this Deponent very lately heard him admit and confess, make and keep for his own private Use, and without this Deponent’s Consent, Copies of Letters between the Spanish Minister of State and this Deponent—thereby taking an undue advantage of the Confidence placed in him by this Deponent, and rendering this Deponent in a certain Degree responsible not only for the use which Mr. Livingston might make of those Copies but also for the unfortunate Accidents and Mistakes which might befall them, and the Discoveries and Consequences to the public, which might thence ensue—Because further this Deponent has proved and can prove that he did on a certain occasion get an American Gentleman who had come with Dispatches, to assist him in decyphering a Letter written in Cyphers which this Deponent had received and confided to Mr. Livingston to decypher whereby the said Gentleman unavoidably became acquainted with the Contents of that Letter. And this Deponent expressly says that he does not recollect that he ever did, but on the contrary is persuaded that he never did, authorize Mr. Livingston to employ any Person to assist him in decyphering Letters, except perhaps Mr. Carmichael, but even that this Deponent does not recollect any Instance of.

Particularly therefore for these Reasons and his Breach of Confidence before related this Deponent cannot admit, for he does not think, that Mr. Livingston behaved properly or faithfully as his private Secretary—And further this Deponent saith not.—

Sworn the 25th Day of January 1786—before me

Ri. Morris7

Mr Jay says that he never did suspect nor say that he thought Brockholst Livingston Esqr was not well attachmened to the American Cause, on the contrary he did always believe him to be well attached—It was not therefore for any such Reason that he did let Mr Livingston go from his Family to America without any Dispatches or Letters from him—but that it was for other & personal Reasons which he then thought & still thinks to be good ones, and from which he would under similar Circumstances always act the same part ^and fully sufficient to establish the Propriety of that Measure^—8