John Jay Papers

To John Jay from Richard Varick, 24 September 1798

From Richard Varick

New York Sept. 24. 1798

Dear Sir

On Saturday Evening last (by post) I had the honor of receiving your Excellency’s favor of the 17th.—1

It is true that the Attorney General2 was in Custody in his own House at the suit of Brockholst Livingston, who while in Town promised to forbear & when gone the Ca. Sa3 was issued.— The Business was adjusted last Monday & the Attorney General set off Express to Delaware Oyer & Terminer.

An Execution also issued agts. Thomas Cooper4 for the same Debts, he was not taken, but went up as an Express to Brockholst to settle it for the Attorney General & was to cross the River to Coldenham & to pass from there to Delaware County to attend the Attorney Generals Business unless Hoffman should appear at Coldenham at a certain Time.— That Execution is with drawn If Cooper is still absent it must be on Account of the fever which prevails in the Vicinity of his Office which is in Wall Street:— He is however much involved.— All this I have from Colo. Troup Yesterday.

I sought for the Sheriff but was told that his fears had driven him across the Hudson. He told Troup that the fever prevailed in his neighbourhood, his apprehensions had brought it nearer that it actually yet has been: but he is in plain English a poor dastardly money making Devil, unfit to hold the Office for this City.5

The Jail is yet free from fever & so are our Alms House & Bridwell where the Health Committee & police Office are now established.— the £10. Court is shut up & from motives of Humanity to the Debtors as well as our Officers I am not sorry for it.6

The City is indeed much afflicted.— The Numbers of Sick cannot be less than 800 or 1000 in the different parts & in many Instances the patients do not survive 48 or 36 Hours.

The Deaths of today

20th  . — 21 Men 16 Women— 3 Childn.— 34 of fever
21   . — 29 . . 14 . . . 2 . . . . 39 d°.
22   . — 28 . . 14 . . . 4 . . . . 41 d°.

Among the above I recollect Mr Goerck City Surveyor Mrs. Brevoort an Old Lady, Widow of Elias of Maiden Lane Mr Robt. Hyslop, Dr. Amasa Dingley & Gilbert Milligan, Archibald McLean printer.— Thomas Marwood Mercht. & George Doolit Architect who built the New York Bank.7

Dr Brooks is like to Die.— Dr. Gardner Jones Br. in Law to the Comptroller was taken ill on Friday Night & has laid very ill till this Morning when he is a little better: but I apprehend his Death.— Dr. John Bowne Hicks taken very violently Yesterday, but is somewhat better.—8

I shall write the Comptroller abt. Dr. G. Jones by next Post. I remain with Great Respect Your Excellencys most obedt Servt.

Rich. Varick

His Excellency Govr. Jay

The Mayrs. Court sat on Tuesday last & consisted of the Mayr. Sheriff Dy. Clerk, Cryer 2 Attorneys & 3 bye Standers.— Next Tuesday the Sessions are to meet & I expect no better Attendance, except the Recorder & an Ald[erma]n. to form the Court.

ALS, NNC (EJ: 09293).

1Letter not found.

2Josiah Ogden Hoffman.

3“Ca. Sa.” an abbreviation of the Latin legal term “Capias ad Satisfaciendum,” which translates roughly as a writ commanding an officer to place a person in custody until a claim is satisfied. For a full description of the term, see William Blackstone, Commentaries on the Laws of England in four books, 1st Worcester ed. (Worcester, 1790; Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of News-bank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ Early American Imprints, series 2: Shaw-Shoemaker, 1801–1819 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ description ends , series 1, no. 22365), 3: 414–17.

4Thomas Cooper (d. 1817) was a New York City lawyer.

5Jacob John Lansing. See editorial note “John Jay and the Yellow Fever Epidemics,” above; and JJ to James Morris, 18 Jan. 1799, Dft, NNC (EJ: 08984).

6“An ACT to amend an act for the more speedy recovery of debts to the value of ten pounds” which amended an earlier 1787 law, was passed by the New York legislature on 9 Apr. 1795. See N.Y. State Laws, 18th sess. (1795) description begins [New York State], Laws of the state of New-York. Eighteenth session (New York, 1795; Early Am. Imprints, series 1, no. 29189) description ends , 49–50; The ten pound act: that is to say, an act for the more speedy recovery of debts to the value of ten pounds … (Lansingburgh, 1795; Early Amer. Imprints, series 1, no. 29195).

7Casimir Thomas Goerck (c. 1755–98); Mrs. Brevoort was possibly Lea (Persel) Brevoort, who married Elias Brevoort (1715–75) of Maiden Lane; Robert Hyslop, merchant; Amasa Dingley, physician; Gilbert Milligan, physician; Archibald McLean, editor and proprietor of the New York Gazette; possibly George Doolittle, an Irish architect who emigrated to America.

8Either David or John Wallis Brooks; John Bowne Hicks (d. 1798).

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