discernment which prompted it was abundantly justified by General Sullivan's active and useful career.* About this time Mr. Jay prepared the letter To the oppressed Inhabitants of Canada, and that to the People of Ireland, both of which evince the deepest classic learning and religious patriotism. In the fall of 1775, he received a commission of "colonel of the second regiment of militia of foot, of the city of New York," which he accepted, but the pressure of his civil duties prevented any active military service, and he remained at his post in Congress. "Some time in the course of this year," says Mr. Jay's biographer, "probably about the month of November, Congress was informed that a foreigner was then in Philadelphia, who was desirous of making to them an important and confidential communication. This intimation having been several times repeated, a committee, consisting of Mr. Jay, Dr. Franklin, and Mr. Jefferson, was appointed to hear what the foreigner had to say. These gentlemen agreed to meet him in one o. the committee rooms in Carpenter's Hall. At the time appointed they went there, and found already arrived an elderly lame gentleman, having the appearance of an old wounded French officer. They told him they were authorized to receive his communication; upon which he said that his most Christian majesty had heard with pleasure of the exertions made by the American colonies in defence of their rights and privileges; that his majesty wished them success, and would, whenever it should be necessary, manifest more openly his friendly sentiment towards them. The committee requested to know his authority for giving these assurances. He answered only by drawing his hand across his throat, and saying, 'Gentlemen, I shall take care of my head.' They then asked what demonstrations of friendship they might expect from the king of France. 'Gentlemen,' answered the foreigner, 'if you want arms, you shall have them; if you want ammunition, you shall have it; if you want money, you shall have it.' The committee observed that these assurances were indeed important, but again desired to know by what authority they were made. 'Gentlemen,' said he, repeating his former gesture, 'I shall take care of my head!' and this was the only answer they could obtain from him. He was seen in Philadelphia no more. It was the opinion of the committee that he was a secret agent of the French court, directed to give these indirect assurances, but in such a manner that he might be disavowed if necessary. Mr. Jay stated that his communications were not without their effect on the proceedings of this Congress." In April of the next year, while attending in Congress, Mr. Jay was elected a member of the Colonial Convention or Congress of New York, in which assembly he took his seat on the twenty-fifth of May following. Here he remained during the rest of the year, constantly and actively engaged. On the thirty-first of May he reported a series of resolutions, calling on the people to elect deputies to a new convention, with power to establish a form of government. Those resolutions were adopted, when the elections were held, and he was returned to the new convention. On the arrival of Lord Howe and his army, in June, 1776, the convention adjourned to White Plains, a village about thirty miles north of New York. Here, on the ninth of July following, the new convention assembled. The same day the Declaration of Independence was announced to that body, and immediately referred to a committee, of which Mr. Jay was chairman. He "almost instanter" reported the subjoined resolution, which was unanimously adopted: "Resolted unanimously, That the reasons assigned by the Continental Congress for declaring these United Colonies free and independent States are cogent and conclusive, and that while we lament the cruel necessity which has rendered this measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other colonies in supporting it." On the seventeenth of July, Mr. Jay was appointed on a secret committee, for the purpose of obstructing the navigation of the Hudson, and harassing Lord Howe's fleet, a part of which had passed up that river. At this crisis, he displayed the greatest zeal and energy. He was sent by the committee to Connecticut, to obtain a supply of cannon and shot, and transport them to the river, with authority "to impress carriages, teams, sloops, and horses, and to call Life of John Jay, vol. 1, page 83. out detachments of the militia, and generally to do, or cause to be done at his discretion, all such matters and things as he may deem necessary or expedient to forward and complete the business committed to his care." Invested with this authority, he obtained conveyances, and in a short time delivered twenty cannon at West Point. In August, 1776, the convention appointed a committee to prepare and report a constitution for the State. Of this committee Mr. Jay was chairman, and its duty appears to have been assigned to him. On the twelfth of March, 1777, the committee submitted a plan of government, which, with several amendments, was adopted on the twentieth of April following. A short time before the final question on the constitution was taken, Mr. Jay was called to attend his dying mother, and thereby prevented from offering some amendments that he deemed important, and opposing others that had been made during his absence. In a letter written about this time, he expresses himself with great freedom on the hurried manner in which the business had been concluded, and pointed out his objections. "Though the birth of the constitution is," says he, "in my opinion premature, I shall, nevertheless, do all in my power to nurse and keep it alive; being far from approving the Spartan law, which encouraged parents to destroy such of their children as, perhaps by some cross accident, might come into this world defective and misshapen."* New York being now provided with a constitution, Mr. Jay was appointed chief justice of the Supreme Court, and soon after a member of the Council of Safety. On the ninth of September, the Supreme Court commenced its first term, and Judge Jay delivered the charge to the Grand Jury. The interest attached to this event was of the highest importance. The government under which the people had been reared, and which their habits and education had taught them to venerate and love, had been abolished, and a new one raised, amid the tumult of war, and in the presence of a haughty and victorious enemy. The success of the undertaking was by no means certain. Burgoyne, with a large army, had penetrated the north, and was approaching the Hudson at Albany, while another army was preparing to effect a junction with the first. Under these circumstances, John Jay, “with an unruffled mind and undaunted eye, looked forward to the end of his labors, with the full assurance of the righteousness of the cause and the favor of heaven." "It affords me, gentlemen," he said, "very sensible pleasure to congratulate you on the dawn of that free, mild, and equal government which now begins to rise and break from amidst those clouds of anarchy, confusion, and licentiousness, which the arbitrary and violent domination of the king of Great Britain had spread, in greater or less degrees, throughout this and the other American States. And it gives me particular satisfaction to remark, that the first fruits of our excellent constitution appear in a part of this State, whose inhabitants have distinguished themselves by having unanimously endeavored to deserve them. "This is one of those signal instances in which Divine Providence has made the tyranny of princes instrumental in breaking the chains of their subjects, and rendered the most inhuman designs productive of the best consequences to those against whom they were intended. "The infatuated sovereign of Britain, forgetful that kings were the servants, not the proprietors, and ought to be the fathers, not the incendiaries of their people, hath, by destroying our former constitutions, enabled us to erect more eligible systems of government on their ruins; and, by unwarrantable attempts to bind us, in all cases whatever, has reduced us to the happy necessity of being free from his control in any. "Whoever compares our present with our former constitution, will find abundant reason to rejoice in the exchange, and readily admit that all the calamities incident to this war, will be amply compensated by the many blessings flowing from this glorious revolution; a revolution which, in the whole course of its rise and progress, is distinguished by so many marks of the Divine favor and interposition, that no doubt can remain of its being finally accomplished. "It was begun and has been supported in a manner so singular, and I may say miraculous, that when future ages shall read its history, they will be tempted to consider a great part of it *Life of John Jay, vol. 1, page 69. 4 as as fabulous. What, among other things, can appear more unworthy of credit, than that in an enlightened age, in a civilized and Christian country, in a nation so celebrated for humanity, well as love of liberty and justice, as the English once justly were, a prince should arise, who, by the influence of corruption alone, should be able to seduce them into a combination to reduce three millions of his most loyal and affectionate subjects to absolute slavery, under pretence of a right, appertaining to God alone, of binding them in all cases whatever, not even excepting cases of conscience and religion? What can appear more improbable, although true, than that this prince, and this people, should obstinately steel their hearts and shut their ears against the most humble petitions and affectionate remonstrances; and unjustly determine, by violence and force, to execute designs which were reprobated by every principle of humanity, equity, gratitude, and policy-designs which would have been execrable, if intended against savages and enemies, and yet formed against men descended from the same common ancestors with themselves; men who had liberally contributed to their support, and cheerfully fought their battles, even in remote and baleful climates? Will it not appear extraordinary that thirteen colonies, the object of their wicked designs, divided by variety of governments and manners, should immediately become one people, and though without funds, without magazines, without disciplined troops, in the face of their enemies, unanimously determine to be free; and, undaunted by the power of Britain, refer their cause to the justice of the Almighty, and resolve to repel force by force? thereby presenting to the world an illustrious example of magnanimity and virtue scarcely to be paralleled. Will it not be matter of doubt and wonder, that, notwithstanding these difficulties, they should raise armies, establish funds, carry on commerce, grow rich by the spoils of their enemies, and bid defiance to the armies of Britain, the mercenaries of Germany, and the Bavages of the wilderness? But, however incredible these things may in future appear, we know them to be true, and we should always remember that the many remarkable and unexpected means and events, by which our wants have been supplied, and our enemies repelled or restrained, are such strong and striking proofs of the interposition of Heaven, that our having been hitherto delivered from the threatened bondage of Britain, ought, like the emancipation of the Jews from Egyptian servitude, to be for ever ascribed to its true cause, and instead of swelling our breasts with arrogant ideas of our prowess and importance, kindle in them a flame of gratitude and piety, which may consume all remains of vice and irreligion. "Blessed be God! the time will now never arrive when the prince of a country, in another quarter of the globe, will command your obedience and hold you in vassalage. His consent has ceased to be necessary to enable you to enact laws essential to your welfare; nor will you, in future, be subject to the imperious sway of rulers, instructed to sacrifice your happiness, whenever it might be inconsistent with the ambitious views of their royal master.” After referring to the perfection of the new Constitution, and the general satisfaction it afforded to the people, he continued: "Adequate security is also given to the rights of conscience and private judgment. They are, by nature, subject to no control but that of the Deity, and in that free situation they are now left. Every man is permitted to consider, to adore and to worship his Creator in the manner most agreeable to his conscience. No opinions are dictated; no rules of faith prescribed; no preference given to one sect to the prejudice of others. The constitution, however, has wisely declared, that the 'liberty of conscience, thereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.' In a word, the convention, by whom that constitution was formed, were of opinion, that the Gospel of CHRIST, like the ark of God, would not fall, though unsupported by the arm of flesh; and happy would it be for mankind if that opinion prevailed more generally. "But let it be remembered, that whatever marks of wisdom, experience and patriotism there may be in your constitution, yet, like the beautiful symmetry, the just proportions, and elegant forms of our first parents, before their Maker breathed into them the breath of life, it is yet to be animated, and till then, may indeed excite admiration, but will be of no use-from the people it must receive its spirit, and by them be quickened. Let virtue, honor, the love of liberty and of science be, and remain, the soul of this constitution, and it will become the source of great and extensive happiness to this and future generations. Vice, ignorance, and want of vigilance, will be the only enemies able to destroy it. Against these provide, and, of these, be for ever jealous. Every member of the State ought diligently to read and study the constitution of his country, and teach the rising generation to be free. By knowing their rights, they will sooner perceive when they are violated, and be the better prepared to defend and assert them. 66 'This, gentlemen, is the first court held under the authority of our constitution, and I hope its proceedings will be such, as to merit the approbation of the friends, and avoid giving cause of censure to the enemies of the present establishment." As a judge of the Supreme Court, Mr. Jay was prevented by the Constitution of the State, from occupying any other office, except that of delegate to Congress on a special occasion. A special occasion was afforded when the dispute originated between the people of Vermont and the Legislature of New York; and he was elected on the 10th of November, 1778. In December following, he took his seat in Congress, and, on the resignation of Mr. Laurens, three days after, was elected in his place as President of that body. Here he remained until the twenty-seventh of September, 1779, when he was appointed Minister Plenipotentiary to Spain. On the twentieth of October he sailed, in company with M. Gerard, the French minister, on board the American frigate Confederacy. A few days out, the frigate was dismasted in a terrific storm, and with difficulty reached Martinico about the middle of December. From this place he sailed ten days after his arrival, and landed at Cadiz on the twenty-eighth of January, 1780. Mr. Jay lost no time in going to Madrid. On his arrival at that place he discovered that the Spanish government were not inclined to enter into negotiations with him; and that although that government was at war with our common enemy, she was not disposed even to acknowledge our independence, unconditionally. While in this situation, he learned that Congress had resolved upon a singular expedient for raising funds, (on the presumption of the success of his mission,) by drawing on him for the payment of large sums at six months' sight. These bills soon were presented; and Mr. Jay accepted them; becoming personally responsible for a greater portion of them.† Mr. Adams was appointed, in 1779, as sole minister plenipotentiary for peace, and at the same time to make a treaty of commerce with Great Britain. In 1781, Mr. Jay, Mr. Franklin, Mr. Laurens, and Mr. Jefferson, were associated with Mr. Adams, by Congress, in the commission for peace, and Mr. Adams' commission to negotiate a treaty of commerce was annulled. Early in the summer of 1782, having been informed of his appointment as commissioner, Mr. Jay left Madrid and arrived at Paris. Dr. Franklin was the only member of the commission at Paris on his arrival. Mr. Adams still remained at Amsterdam, Mr. Jefferson in America, and Mr. Laurens was in England, worn down with ill-health, debating whether he had not better return to the United States rather than proceed to Paris. Mr. Jay and Dr. Franklin, therefore, undertook the "skirmishing" business of the negotiation. In July, Mr. Richard Oswald was empowered by the King of England "to treat, consult of, and conclude, with any commissioner or commissioners named, or to be named by the thirteen colonies or plantations in North America, and any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or truce with the said colonies or plantations, or any part thereof." On the seventh of August, this commission was communicated to Mr. Jay and Dr. Franklin; the former thought that the expression of the commission did not acknowledge the independence of the United States, and insisted that it would be an acquiescence in that idea, if they should treat under the denomination of colonies. "I told the minister," he says, "that we neither could nor would treat with any nation in the world on any other than an equal footing." This difficulty being obviated by the reception of a new commission, from England, describing the constituents of Mr. Jay *Life of John Jay, vol. 1, page 106, et seq. + Flander's Lives of the Chief Justices. First series, pp. 276-328. and Dr. Franklin, as the Thirteen United States of America; the negotiation commenced, and, on the thirtieth of November, 1782, the provisional articles agreed upon were signed by Oswald on the one part and the four American commissioners on the other, Mr. Adams and Mr. Laurens having arrived at Paris pending the negotiation. The value of Mr. Jay's services in this important transaction cannot be overestimated. On the sixteenth of May, 1784, Mr. Jay left Paris, and on the twenty-fourth of July, arrived at New York. "At length," he said in a letter to a friend, "I am arrived in the land of my nativity; and I bless God that it is also the land of light, liberty, and plenty. My emotions cannot be described." * His fellow-citizens received him on his return with expressions of admiration and esteem. The corporation of New York presented to him an address accompanied with the freedom of the city, "as a public testimony of the respectful sentiments we entertain towards you, and as a pledge of our affection, and of our sincere wishes for your happiness." On the meeting of the State Legislature in the fall, they appointed Mr. Jay a delegate to Congress, and on the sixth of December he took his seat in that assembly, which was convened at Trenton. A short time after, he accepted the position as Secretary of Foreign Affairs, to which place he had been appointed previous to his return to America. The prominent feature of this portion of his course was the renewal of negotiations with Spain, and the formation of the federal constitution. After the convention at Philadelphia had submitted the constitution to the people, a strong and violent opposition manifested itself. In this state of the public mind, Mr. Jay, associated with Hamilton and Madison, vindicated the proposed plan of government, in the essays entitled The Federalist, "equally admirable for the depth of its wisdom, the comprehensiveness of its views, the sagacity of its reflections, and the fearlessness, patriotism, candor, simplicity and elegance with which its truths are uttered and recommended."† In these papers, he discussed the dangers to be apprehended from foreign influence and power, and the authority of the Senate in making treaties. In June, the convention of the State of New York, authorized to adopt or reject the federal constitution, met at Poughkeepsie. Of this convention Mr. Jay was a member, and the services he rendered were signal and important. The new Congress assembled on the fourth of March, 1789, and a few days after, Washington was elected President of the United States. After the passage of the Judiciary Bill, Mr. Jay was offered, by the President, a choice of the offices under the government. Expressing a preference for the Chief Justiceship, he was nominated, and on the twenty-sixth of September, 1789, was confirmed by the Senate. "In nominating you for the important station which you now fill," wrote President Washington, "I not only acted in conformity to my best judgment, but I trust I did a grateful thing to the good citizens of the United States; and I have a full confidence, that the love which you bear to our country, and a desire to promote the general happiness, will not suffer you to hesitate a moment to bring into action the talents, knowledge and integrity which are so necessary to be exercised at the head of that department, which must be considered as the keystone of our political fabric."‡ Mr. Jay's decisions, while he remained on the bench, evince a power of analysis, great logical acquirements, and a ready apprehension of principles. § The next important service rendered by Mr. Jay, was the negotiation of the treaty with Great Britain, in 1794. He was appointed commissioner, and sailed from New York in May, and on the fifteenth of June arrived at London. Lord Grenville, a son of the celebrated George Grenville, was the negotiator on the part of Great Britain. The negotiation progressed favorably, as will be seen by the following, written by Mr. Jay to Washington, early in August: "Our prospects become more and more promising as we advance in the business A treaty of commerce is on the carpet. . . . The King observed to me the other day, 'Well, sir, I imagine you begin to see that your mission will probably be successful.'-'I am happy, may it please Life of John Jay, vol. 1, page 183. .... + Kent's Commentaries. The particular numbers of The Federalist, written by Mr. Jay, are given at page 126, ante. Washington to Jay, enclosing the latter's commission, 5th October, 1789. Washington's Writings, vol. 10, page 36. Flander's Chief Justices, page 385. |