In the critical battles that lay ahead in the state of New York, the pro-ratification party, or Federalists, counted themselves fortunate in being able to draw upon Jay’s literary and forensic ammunition. On 31 January 1788 Egbert Benson proposed to the state assembly the selection of the same number of convention delegates as state assemblymen by “all free male citizens of the age of...
2From John Jay to Sarah Livingston Jay, 21 June 1788 (Jay Papers)
A Gentleman now in Town, and who will set out for New York in about an Hour, gives me an opportunity of writing you a few Lines. The Convention assembled with unusual Punctuality. There ^are^ not more than two Members, that I recollect, absent, and the ^House^ have entered on the Business with great assiduity & Regularity. As yet their Proceedings and Debates have been temperate, and...
3Extract from Francis Childs’s Debates, 23 June 1788 (Jay Papers)
[Below is the initial convention speech by John Jay on Art. I, sec. 2, cl. 3, supporting the ratio of one representative to 30,000 persons. JJ stresses areas of agreement, such as the need for a strong, energetic federal government, and distinguishes between state and federal concerns.] The honorable Mr. Jay. I will make a few observations on this article, Mr. Chairman, though I am sensible it...
M r . Jay— One or two Remarks have not been mentioned— It is agreed that a Strong energetic Fœderal Gov t . is necessary— Hence we are [to] believe that it believed such a Gov t . is practicable. Yet a Gent[leman] has given us to understand that a Strong energetic federal Gov t . extending so far as this does is impracticable and the Country inadequate for it— If this Gov t . must have the...
5From John Jay to George Washington, [post 24 June 1788] (Jay Papers)
Your obliging Letter of the 8 Inst. found me at this Place— I thank you for the interesting Circumstances mentioned in it. The complection of our Convention is such as was expected— They have hitherto proceeded with Temper & moderation, but there is no Reason to think that either Party has made much Impression on the other. The Leaders in opposition seem to have more extensive views than their...
6Extracts from Francis Childs’s Debates, 25 June 1788 (Jay Papers)
[Samuel Jones moves to amend Art. I, sec. 4, concerning the time, place, and manner of elections of Senators and Representatives. JJ defends the Constitutional provision giving Congress the power to make or alter regulations by the state legislatures and to “prevent the dissolution of the Union.”] The honorable Mr. Jay said that as far as he understood the ideas of the gentleman [Samuel...
M r . Jay— It does not appear that there is at present a Disposition to consider farther at present the Clause or Amendm t . But let it be considered that this Country if the Gov t . Organized will be under the Controul and direction of the national Gov t as the State Officers are under the Controul of the State Gov t — Should the State interfere in or regulate the Election of State officers—...
8From John Jay to Henry Remsen Jr., 27 June 1788 (Jay Papers)
I have had the Pleasure of rec gv . your Favor of the 18 Inst. with the news Papers. Let S r . John have the enclosed Letter without Delay. I leave it open for your Information, and that you may make a Copy to enter in the Book of Letters. Our Affairs here go on slowly but with more Temper than I expected. The Issue however appears so uncertain as that no very probable Conjectures respecting...
9To John Jay from John Vaughan, [before 27 June] 1788 (Jay Papers)
I have perused with Singular pleasure some thoughts on the Constitution addressed to the State of NYk & was expressing my Sentiments to our good friend D r Franklin—who observed that if you was the Author (as Said) he thought it incumbent upon you to put your name to it—to give it additional Weight at this awful Crisis I call it awful because a rejection in your State would be productive of...
10From John Jay to John Vaughan, 27 June 1788 (Jay Papers)
I have considered the Hint suggested in your Letter of the my long, and I may say habitual respect for the Sentiments of D r . Franklin, at first inclined me to adopt them relative to the Subject in Question. Further Consideration induced me to suspect that he has estimated the Influence of my opinions beyond their Value— If the Reasoning in the Pamphlet you allude to is just, it will have...
11Extracts from John McKesson’s Notes of Debates, 30 June 1788 (Jay Papers)
[ JJ participates in the debate on Art. I, sec. 8, par. 1, setting forth the taxing powers of the federal government. John Williams’s proposed amendment of 26 June would prohibit Congress from laying an excise on goods of American manufacture and bar direct taxes without first levying a requisition on the states. JJ also insists on further discussion of concurrent jurisdiction in response to...
12Extract from Francis Childs’s Debates, 1 July 1788 (Jay Papers)
The hon. Mr. Jay rose, and said that he would confine himself to a few remarks, as the question had been pretty fully debated. He begun with a description of the general characteristics of a government proper for the United States. It had, he said, been justly laid down, that a government, which was to accomplish national purposes, should command the national resources. Here a question had...
13Extract from John McKesson’s Notes of Debates, 1 July 1788 (Jay Papers)
[ JJ resumes his analysis of the taxation amendment, avowing he can see “no possible impropriety in the general government having access to all the resources of the country.” ] M r . Jay So much said & so well said Shall add a few Hints The Mode Business is to consider the mode which will best secure their General Happiness & particular Happiness— These Gov ts . should be so constructed as not...
14Extracts from John McKesson’s Notes of Debates, 2 July 1788 (Jay Papers)
[ JJ details his objections to John Lansing’s amendment placing a limit on Congress’s power to borrow money “without the assent of two thirds of the members of both houses present.” JJ differentiates between the powers of the lower house in money matters and that of the Senate in treaty making. In case of war, “will it be wise to put it in the power of five Men to disarm the Continent.” News...
M r Jay Factions may prevail—as in Holland— this 1/3 may prevent a benef l . Loan— will promote wars— has been attended, with bad effects—in G. Britain— more important, to form this check, than under the confed n — ^[ in margin ] M r . Jay. in republics^ In Rep. govt s . sentiments under three divis[ion] s — suppose two contend g
16From John Jay to John Adams, 4 July 1788 (Jay Papers)
I congratulate you my dear Sir! most cordially on your Return to your native Country, and am greatly pleased with the Reception you have met with— You deserve well of your country, and I am happy to find that the acknowledgment of your Services is not left solely to Posterity. our Convention is still sitting. The opposers of the Constitution have proposed many amendments. As yet we proceed...
17From John Jay to Francis Corbin, 4 July 1788 (Jay Papers)
Two Days ago I had the pleasure of rec g your obliging Letter of the 16 th ., and this morning that of the 25 Ult. The accession of Virginia made an ^ was ^ is an Event most welcome to our Fœderalists, and it cannot fail to make a deep Impression on the other Party. Our Convention proceeds with singular Temper and Moderation. The opposition however ^still^ continues very inflexible, and to...
18From John Jay to George Washington, 4[–8] July 1788 (Jay Papers)
I congratulate you my dear Sir! on the Adoption of the Constitution by Virginia. That Event has disappointed the Expectations of Opposition here, which nevertheless continues pertinacious. The unanimity of the southern District, and their apparent Determination to continue under the Wings of the union operates powerfully on the Minds of the opposite Party. The Constitution constantly gains...
19From John Jay to Sarah Livingston Jay, 5 July 1788 (Jay Papers)
Col. W. S. Livingston who brought us the news of the adoption of the Constitution by Virginia, is about setting out—and I will not let him go without a few Lines for You— Yesterday was a Day of Festivity, and both the Parties united in celebrating it. Two Tables, but in different Houses were spread for the Convention— the two Parties mingled at each Table— and the Toasts, (of which each had...
20Extract from Francis Childs’s Debates, 11 July 1788 (Jay Papers)
[On 10 July Lansing proposed a threefold scheme of amendments: 1) explanatory; 2) conditional; and 3) recommendatory, and followed with a proposal that an informal committee of both parties make accommodations to reach a quick decision. JJ was named to a committee of fourteen, but since Antifederalist members insisted on conditional amendments and he would not accept a form of ratification...
M r . Jay A proposition That the Constitution should be so far ratified as to go into Operation except as to certain parts which should not operate until a Convention Not admissable It called on Congress to admit this State into Congress upon Conditions not contained in that Constitution Could this have been admitted What Powers will this Congress have— Can they change any Article of it— Will...
M r . Jay. We were sent to promote gen l . good—to forget we belong to party— Reason first and then decide— This const[itution], the work of freemen, of patriots— it merits Candid attention.—though not to pin our faith— Consid n : This Cons n . consid[ere] d . by ten Conventions— The best men of every State—wise— objecti[on] s . but 11 Verdicts in its favour— though not full evidence—yet...
M r . Jay. Have not misapp[lie] d .— the levying of taxes in a diff[eren] t . way—&— the hands of Congress tied— Congress will have no power to suspend any power—^[ in margin ] how have they power to accept?^ how can they lay taxes on other State and not on others— tie hands of Congress, when said they will not exercise them— a rejection under another name— ride to N.Y or go afoot— black coat...
M r . Jay. Went to the Committee disposed to accomd n .—pro[position] s . were received dictated— These not comm[ende] d . as a Basis of agreem t . AD , N : Melancton Smith’s notes; DHRC John P. Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber, and Margaret A. Hogan, eds. Documentary History of the Ratification of the Constitution (28 vols. to date; Madison, Wis., 1976–)
[Melancton Smith moved to amend John Jay’s motion for ratification to have the Constitution ratified on condition that a convention be called to recommend amendments and until then limiting the service of militia outside the state, and barring Congress from regulating the time, place, and manner of elections, or levying excise taxes on American products, except liquors, or direct taxes without...
Jay— It must be evident from the prop[osition] s — that they wish to accommodate—& pledge themselves to endeavor an Amend[men] t — does not this weigh—to unite all our force— is it not certain that the cond[ition] s . will render our admittance into the Union uncertain— all has been said, that can be—that the cond[ition] s . will amount to a rejection—declare that they think it will destroy...
27Extract from John McKesson’s Notes of Debates, 15 July 1788 (Jay Papers)
M r . Jay We are endeavouring to agree— Gen t See we have brot forth valuable Amendm ts . Cannot the Conditional Amendments be paired down so that we may agree We honestly think Congress must reject such an Adoption—Cannot we endeavour further to Accommodate— The Gentlemen have advanced for Accomodation— We have now advanced for Accommodat[ion]. AD , NHi : McKesson’s notes ( EJ : 13422 ); DHRC...
28Extract from Jonathan Elliot’s Debates, 16 July 1788 (Jay Papers)
[ JJ joined the debate in support of John Sloss Hobart’s motion for adjournment, urging the delegates to return home and consult their constituents about the changed situation. The motion to adjourn is defeated.] The hon. Judge Hobart brought forward a motion for adjournment. On this motion large debates took place, in which Mr. Hobart , Mr. Duane , Mr. Lansing , Jr. Jay , the Chancellor , Mr....
Jay— ment[io] ns a few reasons [for adjournment]— Lans g . supposes it would increase heats— some weight at first sight— this will depend on the temper with which we go home— if we go with an intention to investigate—it will have a different effect— the southern [counties] wish an adoption unlimited— the North wish conditions— if we go home and carry the proper information from both...
Jay— no difficulty—first take a vote &c a as Ham[ilton]—… Jay— cannot be before us till after the quest n —… Jay— out of order—quest n . must be first taken on the Resolution—… Jay— thinks the Gen t . is in order— he thinks we should adj[our] n —& wants to give his reasons— the state—is this— A mode of adoption is on the table— we think it would be injurious & therefore wish an adj[ournmen] t...