an opportunity of writing you these few lines. I am mortified to write you such letters, but that must be the case until Congress enable me to write more particularly and satisfactorily. You want answers to many questions, and, though I am not at a loss to form a judgment what they should be, yet my private sentiments and those of Congress may not coincide. With great and sincere esteem, &c., JOHN JAY. FROM JOHN ADAMS TO JOHN JAY. Grosvenor Square, June 16, 1786. Dear Sir, Two days ago I was honored with your letter of the 4th of May, in which another, of the 1st of the same month, is referred to; and as I hear there is a passenger expected from the packet, I hope to receive it from him when he arrives in town. Lord Caermarthen told me yesterday "that he had letters from Mr. Anstey, mentioning his civil reception." His Lordship said, too, that a "Minister Plenipotentiary would certainly be sent to Congress; that it was not from any coldness or want of respect to 'the United States that it had not been already done, but merely 'from the difficulty of finding a proper person; that he had received 'many applications, but they had been generally from persons who, 'he was sure, would not be agreeable in America, and, in some 'instances, from persons more suitable for a place in the customs than in the corps diplomatique." A long conversation ensued upon the subjects of the posts, debts, &c., little of which being new, is worth repeating. The policy of giving up the interest during the war, and of agreeing to a plan of payment by instalments, was again insisted on, from various considerations, particularly from the evident injustice of demanding interest for that period. It was urged that the claim of interest, in most cases, was grounded upon custom and the mutual understanding of the parties; but that it never had been the custom, nor had it ever been understood or foreseen, that an act of Parliament should be passed casting the American debtor out of the protection of the Crown, cutting off all correspondence, and rendering all intercourse criminal; for that was the result, and the legal construction, during the whole war. Here his Lordship fully agreed with me, and even outwent me in saying that "it was very true that, by construction "of the law of this land, it was high treason in a creditor in Great 'Britain to receive a remittance from his debtor in America during the war.' His Lordship added some slight expressions concerning the interest, and wished that the courts were open for recovering the principal. We might leave the interest for an after-consideration. In short, they waited only for some appearance of a disposition. The answer to my memorial of 30th November contained their true intentions. They sincerely meant to fulfil every engagement whenever they saw a disposition on our part. These expressions, you see, are somewhat oracular, but they conveyed so much meaning to me that I will no longer hesitate to recommend to Congress to take up this matter, and decide it at once. It would be going too far to point out the mode, but it may be suggested to require of all the States who have made laws irreconcilable to the treaty immediately to repeal them, declaring, at the same time, that interests upon book debts and simple contracts during the war cannot be considered as any part of the bona fide debts intended in the treaty. As to specialties, there may be, in some cases, more difficulty; yet I do not see but the same reasoning is applicable to all. The legal contract was dissolved by throwing us out of the protection of the Crown, and our subsequent assumption of independence, and had no existence until revived by treaty. Private honor and conscience are out of this question. Those who think themselves bound by these ties will do as they please; but I believe, under all the circumstances, few persons, even of the most delicate sentiments, will be scrupulous. If such a declaration should be made by Congress, candor will require that it should extend to both sides, to the British and refugee debtor to American creditors, as well as vice versa. If Congress should choose to avoid involving themselves in such a declaration, would it not be proper for individual States to do it; and in this case, I humbly conceive the laws ought to be repealed, and the question left to the judges and juries, who, upon the strictest construction of law, equity, and the treaty, may, in my opinion, in most cases, if not in all, deny the interest during the war to the creditor. In some of these ways relief must be had, or in none; for the Ministry here will never intermeddle in the business. If any one should ask, what was the intention of the contracting parties at the treaty? the answer must be, the treaty itself must determine; and any one who reads it may judge, as well as one of the Plenipotentiaries. The word "heretofore" was not used, in preference to the words "before the war," with any view of the interest, but to comprehend debts which had been contracted during the war. The intention was, no doubt, that whatever judges and juries should find to be a debt, should be recovered; and I believe that any man, acting in the character of either, will find it difficult to say, upon his oath, that interest during the war is bona fide due. Did any debtor, foreseeing the war, contract a debt, and pledge his faith to pay interest during the continuance of it? Let this be proved, and a judge or juror would compel payment. But probably there is not one such case. The war may be considered as one of those accidents bona fide not expected or foreseen, against which equity will always give relief. With great and sincere esteem, &c., JOHN ADAMS. FROM JOHN ADAMS TO JOHN JAY. London, June 27, 1786. Sir, I have received the letter you did me the honor to write me on the 1st of May, and the pleasure of Congress signified in it shall be strictly observed. You will perceive, by my letter of the 4th of March, that it was my determination to make no reply to his Lordship's answer of the 28th of February, to the memorial of the 30th of November, until I should receive the orders of Congress. As we hear that the vessel which carried out that despatch sprung aleak at sea, put into Lisbon, and did not sail from thence till late in April, I do myself the honor to enclose a duplicate of Lord Caermarthen's letter of 28th February, and of the representations of the merchants enclosed in it. With great respect, &c., JOHN ADAMS. FROM JOHN ADAMS TO JOHN JAY. London, July 15, 1786. Sir, On Wednesday, the 13th, the Marquis of Caermarthen informed me that Captain Stanhope, of the Mercury man-of-war, to use his Lordship's own words, "had received a severe rap over the knuckles 'from the Lords of the Admiralty, for his conduct at Boston. His 'Lordship had received a letter from Lord Howe, accompanied with 'a long, dull letter from Captain Stanhope, which, instead of being 'a justification of his conduct, was rather an aggravation of it." His Lordship then called in his under Secretary of State, Mr. Frazier, and ordered the letter from the Admiralty to be brought to him, which he read to me. It informed him that the Lords of the Admiralty had called upon Captain Stanhope for his justification of his conduct to Governor Bowdoin, and had received from him the letter enclosed, for the information of his Majesty, which their Lordships, however, thought no apology; that their Lordships had accordingly signified to Captain Stanhope their sensible displeasure at his conduct; and as the Mercury had been ordered home from the American station, their Lordships would take special care that he should be no longer continued in that service. The Secretary of State was pleased to say, further, that he would speak to Lord Sidney concerning the affair of the eastern line, that Sir Guy Carleton might have instructions concerning it before he went out. His Lordship was asked if any appointment had been made of a Minister Plenipotentiary to the United States, and answered, not yet. With great respect, &c., JOHN ADAMS. FROM JOHN ADAMS TO JOHN JAY. London, July 30, 1786. Dear Sir, I have received the letter you did me the honor to write me on the 6th of June, with the ratification of the treaty with Prussia. As the term limited is near expiring, I shall go over to Holland, or send Colonel Smith to make the exchange. Mr. Penn, a member of the House of Commons, whose character is well known in America and in England as a steady friend to our country will be the bearer of this, and will be able to acquaint you with the present disposition of this Court and nation; and I believe his information, although a British subject and Senator, will not be materially different from mine. I cannot but lament from my inmost soul that lust for paper. money which appears in some parts of the United States. There will never be any uniform rule, if there is a sense of justice, nor any clear credit, public or private, nor any settled confidence in public men or measures, until paper money is done away. It is a great satisfaction to me to learn that you have received, in my letter of the 4th March, the answer of this Court to the memorial respecting the posts. As that is a despatch of more importance than all others you have received from me, I shall be anxious to know your sentiments upon it. You will not expect me to answer Lord Caermarthen's letter, nor to take any further steps concerning it until I shall receive the orders of Congress. I wish for the instructions of that august body concerning a requisition in their name for the negroes-whether I am to demand payment for them, at what prices, and for what number. With great regard, &c., JOHN ADAMS. FROM JOHN ADAMS TO JOHN JAY. London, July 31, 1786. Dear Sir, Paul Randall, Esquire, who has been with Mr. Lamb to Algiers, will have the honor to deliver this letter, in order to lay before Congress the earliest information of all that has come to his knowledge in the course of his journeys and voyages. He proposes to return without loss of time to New York. He has conducted, as far as I can judge, with prudence and fidelity, and has merited a recommendation to Congress. His salary will be paid him by Mr. Lamb, if arrived in New York, out of the moneys remaining in his hands. Mr. Lamb has drawn upon me for three thousand two hundred and twelve pounds twelve shillings sterling, and his bills for that sum have been accepted and paid. He will account with Congress for the expenditure of it, and pay the balance into their Treasury. Mr. Randall was at some small expense for clothing, which it will be but reasonable to allow him. There are, it seems, at Algiers one-and-twenty prisoners taken on board the two American vessels. Mr. Lamb has left some money |