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<h1>REPORT TO CONGRESS</h1>

Office for foreign Affairs 3 January 1786

The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of 4th November last from his Excellency the Governor of Massachusetts to the Delegates of that Commonwealth in Congress [illegible]

Reports

That this Letter states in Substance that divers Effects had by Orders of the British Commanders in Chief been taken from the Inhabitants, not as the Property of Enemies, but of Persons under their Protection, under the Idea that the former Ownership continued, and the greater Part of which was expressly engaged to be restored by those Commanders.

That the latter Clause in a British Act of Parliament passed the 29th November 1774 creates legal Impediments to those Owners recovering in due Course of Law the Value of their Effects so taken.

That considering the peculiar Circumstances of this Subject, the Spirit and real Intention of that Clause, the Times and general Purposes that produced it, the Legislature is induced to believe that if Congress would instruct their Minister at the Court of London to move this Subject, properly digested, to that Court, the Governments of that Nation would so far reconsider their former Doings on it, as to remove those Impediments, or make some other Provision, whereby Right and Justice shall be done to the Parties and Individuals more immediately concerned.

If Congress make any Application to the British Court on this Subject it can only be either for Justice or for Favor -- the latter will doubtless be

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out of Question.

If for Justice, two Questions arise, first whether their application can be supported on that Ground, and secondly whether it will probably be successful if it can be so supported.

The Clause recites that "Whereas before the passing of this Act divers Persons, Vessels, Cargoes and other Effects may have been seized, detained, damaged, or destroyed, in Pursuance of Orders, Regulations, Restrictions and Limitations, heretofore issued and established by the Commanders in Chief of his Majesty's Forces in North America, or by Persons acting under their Authority for the public Service and for suppressing the Rebellion in North America."

It then enacts "that all such Acts, Matters and Things shall be deemed and are hereby declared to be legal, to all Intents and Purposes whatever: And that all Actions etc. for or by Reason of any Act, Matter or Thing advised, commanded, appointed or done, with Respect to such Orders and Regulations by the said Commanders in Chief or by any Person acting under their Authority shall be discharged and made void."

May it not be questioned whether this Act can be construed to invalidate the Engagements or Promises of the Commanders to make Restoration?--or in other Words, can Effects taken under such Engagements be considered as coming within the view and Provision of the Statute which from the Nature of it must be construed strictly?

If the Court and their Judges should adopt this Idea, the Matter will naturally remain as it now is, and the Application would produce nothing except perhaps an Opinion that it was premature.

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If on the other Hand they should consider all these Cases as within the Act, might they not answer that all military Violences and Injuries on both Sides were done away by the Peace, and that as these Cases were not provided for in it, they must remain as they then were?

May they not also answer, that we pass Laws in some of the States impeding British Creditors from recovering their Debts as stipulated by the Peace; and that in another we pass Laws authorizing Actions at Law for Damages done during the War by military Order: and that while such Acts continue, such Applications should be postponed.

Admit that Justice demands of them to remove the Impediments in Question, is it probable that they would do it.

A Judgement of the Temper of the Nation in general, and of their Parliament in particular, may be formed from Mr. Adams Letters -- And they, in the Opinion of your Secretary, represent it in a Point of View so unfavorable, as to promise no Success to such an Application, [ ] of their Officers might be deeply affected by the Loss of that Indemnity, which they now hold on the Faith of Government and it is not likely that they will open their Treasury, and compensate the Sufferers in Question out of it, when so many Refugees, for whom they are bound to provide, are daily importuning them for Money.

For these and a Variety of Reasons, your Secretary thinks it not probable that such an Application would be successful; and he also thinks that Congress should never demand or ask for even Justice, while they have great Reason to apprehend a Refusal, unless in Cases where they may be able and determined to compel a Compliance by Force or Retaliation.

If a Period should arrive when both Countries shall be disposed to

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do away whatever may be mutually offensive or disagreeable, it is not improbable that in the moment of that good Humour, they might do something for the Sufferers under Consideration -- but that Period is not yet arrived.

Upon the whole Matter your Secretary is of Opinion, that Copies of these Papers should be transmitted to Mr. Adams; that he be instructed to sound the British Minister on the Subject, but not to bring forward any formal Demand or Representation on the Subject, unless from preceding Circumstances, he shall be induced to think, that it would have a favorable Issue; it being the Intention of Congress to refer the Time and Manner of doing it to his Prudence and Discretion.

All which is submitted to the Wisdom of Congress.

JOHN JAY

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From JOHN ADAMS

Grosvenor Square, London, 4 January 1786

Dear Sir,

A day or two after the receipt of your Letter of November 1st and that of President Lee, which came with it, I wrote to the archbishop of Canterbury, by Colonel Smith, for an Hour when I might have the Honour to pay my Respects to his Grace, and was answerd very politely that he would be glad to have the Honour of seeing me, next day, between Eleven and twelve. Accordingly I went Yesterday and was very agreably received, by a venerable and candid Prelate, with whom I had before only exchanged Visits of Ceremony.

I told his Grace that at the desire of two very respectable Characters in America, the late President of Congress and the present secretary of State for the department of foreign affairs. I had the honor to be the Bearer to his Grace of a Letter from a Convention of Deligates from the Episcopal Churches in most of the southern States, which had been transmitted to me open, that I might be acquainted with its Contents. That in this Business however I acted in no official Character, having no Instructions from Congress nor indeed from the Convention, but I thought it most respectful to them, as well as to His Grace to present the Letter in Person. The Archbishop answered, that all that he could say at present, was that he was himself very well disposed to give the satisfaction desired, for he was by no means one of those, who wished that contentions should be kept up between the two Countries,

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or between one Party and another in America, but on the Contrary was desirous of doing every thing in his power to promote Harmony and good Humour. I then said that if his Grace would take the trouble of reading two Letters, from Mr. Lee and Mr. Jay, he would perceive the motives of those Gentlemen in sending the Letter to my Care. I gave him the Letters which he read attentively and returned, and added that it was a great satisfaction to him to see, that Gentlemen of Character and Reputation, interested themselves in it, for that the Episcopalians in the United States, could not have the full and compleat Enjoyment of their religious Liberties, without it, and he subjoined that it was also a great satisfaction to him, to have received this visit from me, upon this occasion and he would take the Liberty to ask me, if it were not an improper Question, whether the interposition of the English Bishops would not give uneasiness and dissatisfaction in America.

I replyed that my answer could be only that of a private Citizen, and in that capacity I had no scruple to say that the people of the United States in general were for a liberal and generous toleration. I might indeed employ a stronger word and call it a right and the first right of Mankind to worship God, according to their Consciences and therefore that I could not see any reasonable Ground for Dissatisfaction and that I hoped and believed there would be none of any consequence.

His Grace was then pleased to say that Religion in all Countries especially a Young one, ought to be attended to, as it

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was the foundation of Government. He hoped the Characters which should be recommended would be good ones. I replied that there were in the Churches in America able men of Characters altogether irreproachable and that such and such only I presumed would be recommended.

I then rose to take my Leave, and his Grace then asked me, if he might be at liberty to mention that I had made him this Visit on this occasion. I answered, Certainly if his Grace should judge it proper.

Thus Sir I have fulfilled my Commission and remain as usual, Your Sincere friend and most obedient Servant,

JOHN ADAMS
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LS in MHi: Adams. Addressed: "His Excellency John Jay, etc., etc., etc." Endorsed: "...ansd. 4 May 1786." JAW, VIII, 361-62.

1JA to Archbishop of Canterbury, 2 Jan. 1786,

2Convention of Delegates of the Protestant Episcopal Church of the Southern States to JA,

3For his efforts, JA was thanked by the Convention. See David Griffith to JA, 26 June 1786, enclosing a resolution of the Convention; William White to JA, 28 June 1786; and David Griffith, William Smith, William White, Francis Hopkinson, and Samuel Powel to JA, 28 June 1786, JAW, VIII, 403-05.

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