Papers of John Adams, volume 18

To John Adams from John Jay, 18 August 1786 Jay, John Adams, John

From John Jay

Dr. Sir New York 18th: August 1786

I have the Honor of transmitting to you herewith enclosed, a Copy of a Report on the Case of the Brig Jane and Elizabeth of Portsmouth in New Hampshire seized by a british man of War at Barbadoes; together with Copies of the Papers on that Subject annexed to it.—1

The Conduct of the Captain of the Boreas as stated in these Papers appears very exceptionable, but unfortunately for the Brig, her Attempt to pass as a british Vessel by means of false Papers was equally so.—

This Business therefore must be submitted to your Discretion, for as on the one Hand it would be improper to support the Cause of the Brig further than it may appear just, so on the other it ought to be asserted as far as it may be right.—

The Owners doubtless have Correspondents in London who will probably apply to you on the Subject; and it is intended by this Report to leave you at perfect Liberty to give them such Advice and such official Countenance and Aid, as may appear to you to be proper.—2

With great and sincere Esteem and Regard / I am, Dr Sir, / Your most obt. & hble: Servt.

John Jay—

RC and enclosures (Adams Papers); internal address: “The Honorable John Adams Esquire / Minister Plenipoteny. of the United / States at the Court of London”; enclosure endorsed by WSS: “the Case of the Brigg / Jane & Elizabeth / inclosed in Letter of Augst. / 18th. 1786. from Mr. Jay.”

There were four enclosures with this letter. The first, which Jay summarizes, comprised his 5 Aug. report to Congress on the case of the brig Jane and Elizabeth and Congress’ response of 8 Aug. ( JCC , 31:501). The second was New Hampshire governor John Sullivan’s request that Congress consider the vessel’s seizure and take appropriate action. The third was a petition to Congress by James and William Sheafe requesting its interposition to obtain the return of their “property ravished from them by the hand of power.”

These first three enclosures indicated that the Jane and Elizabeth, Capt. John Fraser, sailed from Portsmouth, N.H., on 9 Feb. with a cargo of lumber for Tobago and, in the course of the voyage, put into the island of Barbados. There, on suspicion of seeking to land the lumber under false papers in violation of the Navigation Act, the vessel was seized by Capt. Horatio Nelson, then commanding the 28-gun frigate Boreas. The fourth enclosure was a 16 March affidavit done at Barbados by Fraser, George Marshall, and Andrew Stavers, giving their account of the case.

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A fifth document with this letter in the Adams Papers was clearly not an enclosure, and its source is unknown. It is a letter from James and William Sheafe to John Langdon, New Hampshire governor before and after Sullivan. It was written sometime after 18 Aug., maybe as late as 1788 when Langdon returned as governor, for the two men mentioned Jay’s letter to JA but indicate their decision not to pursue their case any further in British courts.

JA apparently took no action regarding the Jane and Elizabeth until 21 Jan. 1788, just prior to his departure from England. Then, in a letter to the Marquis of Carmarthen of that date, he enclosed the documents received from Jay for the “Consideration of His Majestys Ministers” (PRO:FO 4, State Papers, vol. 6, f. 37–54). A docketing on JA’s letter indicates that the enclosures, which have not been found, were sent to the Admiralty on 25 January. But the case had been considered prior to JA’s presenting the matter to Carmarthen, for with his letter in the PRO are two reports by the Admiralty concerning the Jane and Elizabeth dated 2 Aug. 1786 and 5 July 1787. Both observed that the conduct of Nelson and the vice admiralty court at Barbados were irregular, but they did not recommend restoration of or compensation for the vessel.

To John Adams from John Jay, 19 August 1786 Jay, John Adams, John

From John Jay

Dr. Sir New York. 19th: August 1786

I wrote to you on the 7th: of last Month, and also on the 18th: of this enclosing some Papers respecting an american Vessel seized at Barbadoes by a british Man of War.1 I have been honored with yours of 16th. 25th. and 28th. May and 6th. June last, which with the Papers accompanying them were immediately laid before Congress.—

The Situation in which the Want of an adequate Representation had for many Months placed Congress, put it out of their Power to decide on several of my Reports, some of which were founded on your Letters. These Delays oblige me to leave those Letters unanswered, and to leave you without Instructions on Points on which I think you should be furnished with the Sentiments of Congress.—

We daily expect to receive the Treaty with Portugal. {I have advised that new commissons be Issued to you and Mr. Jefferson.}2

You will herewith receive the late Requisition of Congress, their Ordinance for the Indian Department and several other printed Papers.3 A Vessel for London has just touched here, and given me 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 tho’ I am not at a Loss to form a Judgement of what they should be, yet my private Sentiments and those of Congress may not coincide.—

With great and sincere Esteem and Regard, I am, Dr Sir, / Your most obedient Servt.

John Jay— 429

RC (Adams Papers); internal address: “Hoñble John Adams Esquire / Minister Plenipoy. of the U.S. / at the Court of London”; endorsed: “Mr Jay 19. August / recd. 12. October 1786.”

In his 7 July letter (Adams Papers), Jay noted that he had received and sent to Congress the commissioners’ 25 April letter and its enclosures, above, and WSS’s 11 April letter ( Dipl. Corr., 1783–1789 , 3:22), with which were enclosed Paul R. Randall’s 17 Feb. letter to JA , above, and John Lamb’s 16 Feb. letter, for which see note 1 to Randall’s letter. Jay also mentioned his 6 June letter to JA , above, and asked JA to forward a letter to Richard Hanson Harrison at Cádiz. He did not, however, mention enclosing any documents regarding the case of the brig Jane and Elizabeth, for which see his 18 Aug. letter, and notes, above.

The decoded passage, in WSS’s hand, was written below Jay’s signature. Jay had proposed that the joint commission be renewed in an 11 May report to Congress, but no action was taken ( JCC , 30:261–262).

The enclosures have not been found, but for Congress’ 2 Aug. requisition from the states and its 7 Aug. “Ordinance for the Regulation of Indian Affairs,” see JCC , 31:459–465, 490–493.