John Jay Papers

Address to the New York State Legislature, 28 January 1800

Address to the New York State Legislature

[Albany, 28 January 1800]

Gentlemen of the Senate and Assembly

You will I am persuaded join with me in deeply regretting, that the Topic which naturally rises first into view on this occasion, is the afflicting & unexpected Death of that virtuous and great man, who both in the Field and in the cabinet, in public and in private Life, attracted such an uncommon Degree of merited Esteem Confidence and admiration. His memory will be cherished by the wise and good of every nation; and Truth, triumphing over her adversaries, will transmit his Character to Posterity in all its genuine Lustre. His excellent Example and excellent admonitions still remain with us; and happy will that People be, whose Leaders imitate the one, and observe the other. But painful and important as our Loss is, and difficult as it may be to restrain the Effusions of our Sensibility, yet it is to be recollected that the Duties and Business for which we are assembled, have indispensable claims to attention. Let us therefore proceed to do fulfil those Duties, and to do that Business with the like laudable Fidelity Circumspection and Diligence, by which that real and eminent Patriot was so greatly distinguished—1

I take this early opportunity of laying before you a Resolution of the Legislature of Connecticut, signifying a Desire amicably to settle the Controversy mentioned in it; and appointing Commissioners on their part for the Purpose. This Resolution will doubtless be recieved with Respect and Cordiality. Such is the ^respectable^ Character of Connecticut, and so intimate are our mutual Relations, that a Controversy so singular in its origin, so irritating in its Prosecution, and so mischievous in its Tendency and Example, cannot in my opinion, be too soon extinguished by amicable and proper Stipulations with that State.2 I also lay before you certain Resolutions of the Legislature of Vermont. They propose an amendment to the Constitution of the united States, which, from the Importance of it, as well as from the Respect due to a Sister State, is entitled to mature Consideration—3

The Constitution of this State having with great wisdom committed the legislative, executive and judicial powers of Government, to three distinct Departments, I submit to your Consideration whether the recent Practice of annual gratuitous allowances by the Legislature, to the officers of the Executive and judicial Departments, can consist with that Independence by which alone the constitutional Ballance between all the Departments can be kept even, and their reciprocal checks on each other be preserved.4 The small Proportion which our important public Statutes bears to the numerous private ones passed for Individual, or for local and particular Purposes, has become remarkable. Might not the Claims of Individuals be for the most part heard examined and ascertained in some mode more easy to them, and less expensive to the State, than by the Legislature; and ought not Business of great and general moment, to precede that of less and limited Importance? It has not unfrequently happened, that the earlier part of the Session has been so far consumed in Debates, and in preparing & passing acts respecting these lesser matters, that much interesting public Business has been either too hastily dispatched towards the Conclusion of the Session, or been entirely relinquished and left unfinished. The Frequency of acts for private Incorporations, and the Difficulty of afterwards restraining or correcting the Evils resulting to the Public from unforeseen Defects in them, lead me to advert to the Prudence of passing them only under such Circumstances of previous publicity and Deliberation as may be proper to guard against the Effects of cursory and inaccurate Views and Impressions.5

Promising Theories are not always confirmed by Experience; and it is found that new Laws, however carefully framed, have sometimes proved to be less salutary than was expected; and even to be productive of greater Inconveniences than those against which they were intended to provide. Of this Description is the Act for the Trial of Causes to the amount of Ten pounds. The Evils arising from certain Defects in it are manifest, and are generally seen and acknowledged. The skilful and beneficial manner in which it has by a late Act been modified and adapted to the city of New York, leaves little Room to doubt but that it may likewise be so amended and modified, as to be well accommodated to every other part of the State; and the Execution of it rendered ^more^ easy and agreable to the magistrates.6 The Statute relative to Punishments being in a Course of fair Experiment, I will only suggest, whether it would not be more expedient, that Persons convicted of the impious and dangerous Crime of Perjury, and of assaults with Intent to commit Felonies of any kind, should recieve their punishment of Imprisonment in the State Prison, than in the common Goals; from which Escapes are more easily effected, and where the Taverns usually, and in my opinion unadvisedly permitted to be kept, lead to Irregularities and Corruption of morals.7 Notwithstanding the Care with which our Laws and Regulations relative to infectious Diseases, have been observed, yet our principal City has again been distressed by the Return of a very destructive one.— Whence it arises, is a question which still remains envolved in much obscurity: but as either of the two natural Causes to which it is generally ascribed, may be the true one, every further Mean which human Sagacity can devise, should be employed to remove or counteract them.— If however in this Instance, as in many others, Providence is accomplishing the Purposes of moral Government by the Instrumentality of second Causes, our future preservation from their calamitous Effects, will depend more on moral than municipal Reforms—8

As the Government most to be preferred, is that which procures to the People the greatest Degree of Justice, Security and rational Liberty, so by such a Government no Acts or Symptoms of Defiance to lawful Authority are viewed with Indifference. Experience shews that Impunity invites aggression, and that Licentiousness always derives Encouragement from Toleration. Feeling the force of these Reflections, I think it my Duty to press your Attention to the daring opposition which has repeatedly, and with singular Impunity, been made in the County of Columbia to the judicial authority of the State; and to the recent Indications of it which are detailed in the papers which I shall lay before you. The manner in which these Offences are perpetrated, renders the ordinary means of suppressing them, in several Respects inadequate. While we rejoice and with great Reason, in the general and encreasing Prosperity of the State, it is proper to reflect that, next to the kind providence of the Almighty, we owe this Prosperity to the Security with which Industry pursues its lawful objects and enjoys its Fruits. It is therefore of the last Importance that this Security be preserved, and that the regular administration of Justice which protects it be not interrupted. Whatever may be the Claims or Rights of contending Individuals, it is their Duty to meet each other in the proper Courts, and peaceably acquiesce in the Justice of their Country: and it is equally the Duty of the Government to protect the Citizens in the quiet Enjoyment of their Property and Rights; and to enforce Obedience and Submission to the Laws.—9

Altho’ the great and national Affairs of war and Peace do not belong to our Jurisdiction, yet such is their Importance to our immediate welfare and so great would be our Danger if any fallacious prospects of Peace should mislead us into a State of ill founded Security, that the very judicious and seasonable Remarks of our patriotic President on this Subject, cannot be too generally known, nor too strongly impressed. He reminds us that “at a Period like the present, when momentuous Changes are occurring, and every hour is preparing new and great Events in the political world—when a Spirit of war is prevalent in almost every nation, with whose affairs the Interests of the united States have any Connection, unsafe and precarious would be our Situation, were we to neglect the means of maintaining our just Rights.” From the same high & respectable authority we are given to understand that under existing Circumstances “nothing short of the power of repelling aggressions, will secure to our Country a rational Prospect of escaping the Calamities of war, or” (what would be still more calamitous) “national Degradation.10 The measures which have been taken pursuant to acts of this State, relative to these Subjects shall be mentioned in a future Communication: and it is evident from the preceding observations that our attention to them is not to be relaxed.11

Among other Objects which will present themselves to You, there is one which I earnestly recommend to your notice and Patronage— I mean our Institutions for the Education of Youth. The Importance of common Schools is best estimated by the good Effects of them where they most abound, and are the best regulated.12 The two Colleges in this State have from their extensive and encreasing utility, strong claims to the Care of the Legislature, and it appears to me that they should be enabled uniformly to answer the valuable purposes for which they were established. Our ancestors have transmitted to us many excellent Institutions, matured by the wisdom and Experience of ages: Let them descend to our Posterity, accompanied with others, which by promoting useful Knowledge and multiplying the Blessings of social order, and diffusing the Influence of moral obligations, may be reputable to us and beneficial to them.13

Conscious that the Sentiments which I have now expressed are prompted by the best motives and by an ardent Desire to advance the welfare of our common Country; and being persuaded that your Deliberations will be animated by similar Views and Dispositions, I indulge the pleasing Expectation, that the Results of this Session will correspond with the high Trust and Confidence reposed in us by our Constituents—

John Jay

ADS, PHi: Gratz (EJ: 01135). PtD, New-York Gazette, 3 Feb.; Argus, Greenleaf’s New Daily Advertiser, and Spectator (both New York), 5 Feb.; Massachusetts Mercury (Boston), 7 Feb.; Newburyport Herald, 7 Feb.; Greenleaf’s New York Journal, 8 Feb.; Universal Gazette (Philadelphia), 13 Feb. 1800. E, Connecticut Courant (Hartford), 3 Feb.; Columbian Centinel (Boston), 8 Feb.; Centinel of Liberty (Georgetown), 11 Feb.; Independent Gazetteer (Worcester), 11 Feb.; United States Chronicle (Providence), 13 Feb. 1800. N.Y. Assembly Journal, 23rd sess. (1800) [28 Jan. 1800], 5–7; N.Y. Senate Journal, 23rd sess. (1800) [28 Jan. 1800], 4–6. NYGM, 2: 448–54. For the responses of the legislature to JJ’s address, see N.Y. Assembly Journal, 23rd sess. (1800) [1 Feb. 1800], 39–40, and N.Y. Senate Journal, 23rd sess. (1800) [1. Feb. 1800], 18–19. Newspaper printings of the legislative responses included Albany Gazette, 6 Feb.; New-York Gazette, 10 Feb.; Argus, Greenleaf’s New Daily Advertiser (New York), 11 Feb.; and Greenleaf’s New York Journal, 12 Feb. 1800.

1JJ refers here to the death of GW on 14 Dec. 1799. For more on the public commemoration of GW’s death, see Robert Troup to JJ, 23 Dec. 1799, and JJ to Troup, 28 Dec. 1799, both above; Samuel Miller to JJ, 20 Jan. 1800, above; and JJ to Miller, 28 Feb. 1800, below; and the editorial note “New York Mourns the Death of Washington,” above.

2On the resolution of the Connecticut legislature, see JJ to Jonathan Trumbull Jr. (private), 4 Dec. 1799, and notes, above. For the passage of “An Act relative to the controversy between this state and the state of Connecticut” in the state assembly, see N.Y. Assembly Journal, 23rd sess. (1800), 110–11, and 116. The act was passed on 28 Feb. 1800, and authorized JJ to appoint three commissioners to settle the controversy over lands in New York called the Gore over which Connecticut claimed jurisdiction. N.Y. State Laws, 23rd sess. (1800), 14–15; NYGM, 2: 449n2.

3In the Spectator of New York, this reads as “and our attention”. On 5 Nov. 1799, the Vermont General Assembly passed a resolution supporting a proposed amendment to the Constitution: “That the Electors of President and Vice-President, in giving in their votes, shall respectively distinguish the person whom they desire to be President, from the one they desire to be Vice-President, by annexing the words President, or Vice-President, as the case may require, to the proper name voted for.” In case of a tie, senators would choose the winner. A journal of the General Assembly of the state of Vermont. Begun and holden at Windsor, October tenth, one thousand seven hundred and ninety nine (Windsor, 1799; Early Am. Imprints, series 1, 36616), 153.

4The state legislature passed “An Act for the payment of Certain Officers of Government, and for other purposes,” on 8 Apr. 1800, providing for supplemental payment to the Council of Revision. Although the Council of Revision vetoed the bill because the compensation was qualified as temporary rather than permanent, the state legislature successfully overrode the veto. See N.Y. State Laws, 23rd sess. (1800), 285–94; and JJ’s Message to the New York State Assembly, 8 Apr. 1800, NYGM, 2: 460–61.

5The response of the State Assembly on the issue of reducing the time spent on private acts of the legislature read as follows:

The impediments to passing statutes of a public nature created by the numerous private laws which employ so large a portion of the time and attention of the legislature, are too obvious to escape your notice. If any arrangement can be made, with due regard to the rights of our constituents, by which the business of a less and more limited importance can be postponed to that of great and general moment, and the claims of individuals heard, examined and ascertained, in some mode or easy to them and less expensive to the State than by the Legislature, we will adopt it with alacrity.

The difficulty of duly estimating the consequences of acts for private incorporations, and the danger of restraining or correcting the evils which may result from them, render it prudent to guard against the effects of cursory views, and impressions, by previous publicity and deliberation.

N.Y. Assembly Journal, 23rd sess. (1800) [1 Feb. 1800], 39.

6The act relating to the trial of small causes, passed 16 Feb. 1797, was amended by “An Act concerning certain debts and demands in the City of New-York, and to amend an act entitled ‘An act concerning the recovery of debts and demands to the value of ten pounds in the City of New-York,’” passed 21 Mar. 1800. N.Y. State Laws, 23rd sess. (1800), 60–66.

7JJ’s suggestion as to the punishment of perjury was adopted by the legislature in “An Act for the relief of the Creditors of persons imprisoned in the State prison otherwise than for life, for altering the punishment for certain offenses, for more effectually providing against escapes from the said Prison, and for other purposes respecting the same,” passed 25 Mar. 1800. N.Y. State Laws, 23rd sess. (1800), 105–11.

8JJ refers here to the yellow fever epidemic of 1799. A sanitation law enacted by the legislature on 25 Feb. 1799, provided for health commissioners empowered to order sanitary measures and clearance of “nuisances. The cause of the spread of the fever, environmental or contagious, was then being strongly debated. See the editorial note “John Jay and the Yellow Fever Epidemics,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 6: 345–60.

9For JJ’s earlier actions in response to unrest in Columbia County, see his Message to the New York State Senate, [22 Feb. 1798], and notes, and his Proclamation on the Livingston Land Riots, [1 Mar. 1798], JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 6: 616–17, 617–19. JJ received a letter from Henry Livingston, recounting continued threats and acts of violence, including arson, against his tenants. These lessees held properties recovered from previous occupants by a judicial ruling in favor of Livingston. Livingston to JJ, [before 25 Jan. 1800], above.

A separate round of unrest arose in Columbia County in October 1799 after a circuit court decision upheld the claims of JJ’s friend Peter Van Schaack and others to a tract known as the Mawighnunk Patent. The current occupants resisted with violence and assaulted a group of surveyors sent by Van Schaack. See Brooke, Columbia Rising, 212.

After receiving affidavits from the governor’s office about protests in Columbia County, the state legislature formed a joint committee to resolve the dispute. See N.Y. Senate Journal, 23rd sess. (1800), 16; and N.Y. Assembly Journal, 23rd sess. (1800), 36; NYGM, 2: 456.

Popular pressure on the government intensified throughout February as protesters sent a series of petitions to state lawmakers. The petitioners countered the charges leveled against them by the governor, and also accused Attorney General Josiah Ogden Hoffman of hindering an official investigation into the land disputes. N.Y. Assembly Journal, 23rd sess. (1800), 44, 105, 115.

Thomas Morris, a member of the joint committee, prepared a bill for the State Senate on 18 Feb. designed “to compel submission to the judicial authority of the state.” Morris’s bill was read a first time and ordered to be read a second, but no further action was taken. N.Y. Senate Journal, 23rd sess. (1800), 34. In early April, the legislature adopted a bill introduced by John W. Schermerhorn, an assemblyman from Rensselaer County, which called for the disputants to have their claims settled through legal arbitration. See “An Act for settling the Disputes and Controversies between Persons claiming to be Proprietors of a Patent called Mawighnunk and the Possessors of the Lands in the Town of Canaan,” N.Y. State Laws, 23rd sess. (1800), 229–37.

10JA message to Congress of 3 Dec. 1799, Journal of the House, 3: 528.

11The appropriation bill passed on 7 Apr. 1800 included provisions for the transportation of artillery pieces to New York City and the collection and storage of weaponry and ammunition. N.Y. State Laws, 23rd sess. (January 1800), 291, 293. For more on the administrative measures to prepare against hostile actions, see the editorial note “Defending New York,” JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 6: 398–416.

12The state legislature passed the common school law on 9 Apr. 1795. This act supported schools through an appropriation of 20,000 pounds annually for five years. The Assembly proposed to revive the law in April after it had expired, but this proposal was rejected by the Senate. N.Y. Assembly Journal, 23rd sess. (January 1800), 199–200, 221; Albany Gazette, 10 Apr. 1800.

13For more on Columbia College and Union College and New York’s educational institutions during Jay’s governorship, see Report of the Regents to the New York Legislature, [6 Mar. 1797], JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (6 vols. to date; Charlottesville, Va., 2010–) description ends , 6: 530–36; [5 Mar. 1799], D, NNC (EJ: 13186); Albany Centinel, 19 Mar.; Albany Gazette, 22 Mar.; Commercial Advertiser (New York), 25 Mar.; Mercantile Advertiser, 26 Mar.; New-York Gazette, 26 Mar.; Spectator, (New York), 27 Mar.; Daily Advertiser, 28 March 1799; N.Y. Assembly Journal, 22nd sess., 2nd meeting (1799), 193–95; and Report of the Regents to the New York State Legislature, 20 Mar. 1800, below.

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