John Jay Papers

To John Jay from Richard Varick, 10 January 1798

From Richard Varick

New York January 10, 1797[8]. 7 OClock P.M.1

Sir

I have the Honor of once more troubling Your Excellency & perhaps calling a Moments Attention from more important public Concerns, to inform You of a Measure proposed to the Common Council of this City this Day by the Recorder & myself & by them unanimously adopted, to wit,

We have discovered by Experience that the public Business of the Sessions could not be dispatched in four Terms only of 7 Days; & none of the Magistrates have for some Time past appeared Willing to sit & try any Man at a Justices or Bridewell Court. And I having expressly declared that I will much rather resign my Office than again sit in a Court where Myself & my Brethren may stand accused before the Assembly of this State by the Perjury of any Rascal in the Community or be the Object of private Prosecution thro the contemptible & officious Zeal of even an Alexander Hamilton himself; the Recorder & myself agreed during the late Sessions to apply to the Common Council & induce them to apply to the Legislature at this Sitting for two additional Terms for our Sessions to wit, on the 1st. Tuesdays in April, June, August, October, Decr. & February, so as to avoid New Years day, the 1st. Day of May & 4th. July.—

2.— That a public prosecutor may be appointed for this City only &

3rdly. That the Bridewell may by Law be declared the Criminal Goal of this City & the prisoners be subject to the Keeper of the Bridewell, whereby we shall avoid great Expences in Maintaining Pris[one]rs. & the Expence of Watchmen to secure the Sheriffs Debtors & give Room to those who are imprisoned for Debt.2

The Representation to the Legislature was prepared & agreed to without Difficulty & will go up by this Conveyance to Mr. Comptroller to come into the Senate under his Auspices & that the Bill may be drawn by his correct Hand.—3

In Case we shall obtain a District Attorney I think it but a Discharge of my public Duty to mention to Your Excellency, that Mr Colden4 has for 3 or 4 Sessions conducted Mr. Hoffman’s Business & to the entire Satisfaction of the Court. His Zeal, Application & Information on the subject of public prosecutions is not to be surpassed by those of Any Gentleman at the Bar & as a Gentleman & Citizen he has equal Claims to any of the Younger Gentlemen of the Bar.

It would also be very eligible if the present Health Commissioners, especially Oothout and Abramse could be prevailed on to continue in Office.— The State will probably make some Compensation to them & they have a Claim ^on^ & I doubt not but they will receive some Compensation for their Services from the Corporation.— We have been silent hitherto lest our Conduct may stifle the Generosity of the Legislature. What I have expressed with Respect to the Commiss[ione]rs. of Health more strongly applies with Respect to Dr. Bailey, who notwithstanding his Oddities, has many very valuable Traits of an excellent public Officer. He dose do his Duty, where others are Mealy mouthed I shall urge the Corporation to consider his Merits & services after the State have first paid his Actual Expenditures & compensated his public Services to the Community at large exclusive of this City, which I hope will be better considered than last hinted.5

The Corporation have agreed with Mangin our Engineer & Goerck, two of the City Surveyors6 for an accurate Map, from present Measuration of all the City to the Whitestone, with Elevation &ca. for $3,000, so that I hope soon to hear if not to see, of something effectual being projected about the Canal from the Hudsons River to the fresh Water Pond. It works heavily & I cannot envy the Appointment by the State of Commissioners to regulate that Part of the City.

I am persuaded that Your Excellency will be as weary of reading my two Letters7 as I am at this Moment of writing I therefore beg leave to close by Requesting My Respects to Mrs. Jay & the Ladies & by Wishing You all the Compliments of this Season & many very happy Years—

Rich. Varick

His Excellency The Governor.

ALS, NNC (EJ: 09292).

1Varick misdated this letter “1797”.

2The three provisions were approved by the Common Council on 10 Jan. 1798. MCCNYC description begins Minutes of the Common Council of the City of New York, 1784–1831 (19 vols.; New York, 1917) description ends , 2: 428–29.

3The state legislature addressed these issues by passing a pair of laws on 2 Mar. 1798: “An ACT concerning the Court of General Sessions of the Peace, and the Gaol for Offenders, in and for the city and county of New-York,” and “An ACT more effectually to discover and apprehend offenders in the city of New-York,” N.Y. State Laws, 21st sess. (January 1798) description begins [New York State], Laws of the state of New-York, passed at the twenty-first session of the Legislature, begun and held at the city of Albany, the second day of January, 1798 (Albany, 1798; Early Am. Imprints, series 1, no. 34215) description ends , 280–82, 282–86.

4Cadwallader D. Colden (1769–1834), was appointed as district attorney for New York’s 1st District in 1798.

5Oothout resigned in 1799; the rest stayed on. On the Health Commissioners and the Health Officer, as well as concerns about water supply, see the editorial note “John Jay and the Yellow Fever Epidemics,” above.

6Joseph F. Mangin and Cassimer T. Goerck worked as city surveyors in New York. Longworth’s American Almanack description begins Longworth’s American almanack, New-York register, and city directory for the twenty-second year of American independence. Containing most things useful in a work of this kind. Embellished with a view of the new theatre (New York, 1797; Early Am. Imprints, series 1, no. 32386) description ends , 189, 292.

7Second letter has not been found.

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