Calm repose and the sweets
of undisturbed retirement appear more
distant than a peace with
Britain.
It gives me pleasure, however, to reflect
that the period is approaching when we shall be
citizens of a better ordered State, and the spending
of a few troublesome years of our eternity in doing
good to this and future generations is not to be avoided
nor regretted. Things will come right, and
these States will yet be great and flourishing.
Letter to Washington
America should feel especially charitable
towards Louis the Great, called by Carlyle, Louis
the Little, for banishing the Huguenots from France.
What France lost America gained. Tyranny and intolerance
always drive from their homes the best: those
who have ability to think, courage to act, and a pride
that can not be coerced.
The merits possessed by the Huguenots
are exactly those which every man and nation needs.
And these are simple virtues, too, whose cultivation
stands within the reach of all. These are the
virtues of the farmers and peasants and plain people
who do the work of the world, and give good government
its bone and sinew. To a great degree, so-called
society is made up of parasites who fasten and feed
upon the industrious and methodical.
If you have read history you know
that the men who go quietly about their business have
been cajoled, threatened, driven, and often, when they
have been guilty of doing a little independent thinking
on their own account, banished. And further than
this, when you read the story of nations dead and
gone you will see that their decline began when the
parasites got too numerous and flauntingly asserted
their supposed power. That contempt for the farmer,
and indifference to the rights of the man with tin
pail and overalls, which one often sees in America,
are portents that mark disintegrating social bacilli.
If the Republic of the United States ever becomes
but a memory, like Carthage, Athens and Rome, drifting
off into senile decay like Italy and Spain or France,
where a man may yet be tried and sentenced without
the right of counsel or defense, it will be because
we forgot we forgot!
In moral fiber and general characteristics
the Huguenots and the Puritans were one. The
Huguenots had, however, the added virtue of a dash
of the Frenchman’s love of beauty. By their
excellent habits and loyalty to truth, as they saw
it, they added a vast share to the prosperity and
culture of the United States.
Of seven men who acted as presiding
officer over the deliberations of Congress during
the Revolutionary Period, three were of Huguenot parentage:
Laurens, Boudinot and Jay. John Jay was a typical
Huguenot, just as Samuel Adams was a typical Puritan.
In his life there was no glamour of romance.
Stern, studious and inflexibly honest, he made his
way straight to the highest positions of trust and
honor. Good men who are capable are always needed.
The world wants them now more than ever. We have
an overplus of clever individuals; but for the faithful
men who are loyal to a trust there is a crying demand.
The life of Jay quite disproves the
oft-found myth that a dash of Mephisto in a young
man is a valuable adjunct. John Jay was neither
precocious nor bad. It is further a refreshing
fact to find that he was no prig, simply a good, healthy
youngster who took to his books kindly and gained
ground made head upon the whole by grubbing.
His father was a hard-headed, prosperous
merchant, who did business in New York, and moved
his big family up to the little village of Rye because
life in the country was simple and cheap. Thus
did Peter Jay prove his commonsense.
Peter Jay copied every letter he wrote,
and we now have these copy-books, revealing what sort
of man he was. Religious he was, and scrupulously
exact in all things. We see that he ordered Bibles
from England, “and also six groce of Church
Wardens,” which I am told is a long clay pipe,
“that hath a goodly flavor and doth not bite
the tongue.” He also at one time ordered
a chest of tea, and then countermanded the order, having
taken the resolve to “use no tea in my family
while that rascally Tax is on having a
spring of good, pure water near my house.”
Which shows that a man can be very much in earnest
and still joke.
John was the baby, scarcely a year
old, when the Jay family moved up to Rye. He
was the eighth child, and as he grew up he was taught
by the older ones. He took part in all the fun
and hardships of farm life going to school
in Winter, working in Summer, and on Sundays hearing
long sermons at church.
We find by Peter Jay’s letter-book
that: “Johnny is about our brightest child.
We have great hopes of him, and believe it will be
wise to educate him for a preacher.” In
order to educate boys then, they were sent to live
in the family of some man of learning. And so
we find “Johnny” at twelve years of age
installed in the parsonage at New Rochelle, the Huguenot
settlement. The pastor was a Huguenot, and as
only French was spoken in the household, the boy acquired
the language, which afterwards stood him in good stead.
The pastor reported favorably, and
when fifteen, young Jay was sent to King’s College,
which is now Columbia University, kings not being popular
in America.
Doctor Samuel Johnson, who nowise
resembled Ursa Major, was the president of the College
at that time. He was also the faculty, for there
were just thirty students and he did all the teaching
himself. Doctor Johnson, true to his name, dearly
loved a good book, and when teaching mathematics would
often forget the topic and recite Ossian by the page,
instead. Jay caught it, for the book craze is
contagious and not sporadic. We take it by being
exposed.
And thus it was while under the tutelage
of Doctor Johnson that Jay began to acquire the ability
to turn a terse sentence; and this gained him admittance
into the world of New York letters, whose special guardians
were Dickinson and William Livingston.
Livingston invited the boy to his
house, and very soon we find the young man calling
without special invitation, for Livingston had a beautiful
daughter about John’s age, who was fond of Ossian,
too, or said she was.
And as this is not a serial love-story,
there is no need of keeping the gentle reader in suspense,
so I will explain that some years later John married
the girl, and the mating was a very happy one.
After John had been to King’s
College two years we find in the faded and yellow
old letter-book an item written by the father to the
effect that: “Our Johnny is doing well
at College. He seems sedate and intent on gaining
knowledge; but rather inclines to Law instead of the
Ministry.”
Doctor Johnson was succeeded by Doctor
Myles Cooper, a Fellow of Oxford, who used to wear
his mortarboard cap and scholar’s gown up Broadway.
In young Jay’s veins there was not a drop of
British blood. Of his eight great-grandparents,
five were French and three Dutch, a fact he once intimated
in the Oxonian’s presence. And then it was
explained to the youth that if such were the truth
it would be as well to conceal it.
Alexander Hamilton got along very
well with Doctor Cooper, but John Jay found himself
rusticated shortly before graduation. Some years
after this Doctor Cooper hastily climbed the back
fence, leaving a sample of his gown on a picket, while
Alexander Hamilton held the Whig mob at bay at the
front door.
Cooper sailed very soon for England,
anathematizing “the blarsted country”
in classic Latin as the ship passed out of the Narrows.
“England is a good place for
him,” said the laconic John Jay.
So John Jay was to be a lawyer.
And the only way to be a lawyer in those days was
to work in a lawyer’s office. A goodly source
of income to all established lawyers was the sums
they derived for taking embryo Blackstones into their
keeping. The greater a man’s reputation
as a lawyer, the higher he placed his fee for taking
a boy in.
In those days there were no printed
blanks, and a simple lease was often a day’s
work to write out; so it was not difficult to keep
the boys busy. Besides that, they took care of
the great man’s horse, blacked his boots, swept
the office, and ran errands. During the third
year of apprenticeship, if all went well, the young
man was duly admitted to the Bar. A stiff examination
kept out the rank outsiders, but the nomination by
a reputable attorney was equivalent to admittance,
for all members knew that if you opposed an attorney
today, tomorrow he might oppose you.
To such an extent was this system
of taking students carried that, in Seventeen Hundred
Sixty-eight, we find New York lawyers alarmed “by
the awful influx of young Barristers upon this Province.”
So steps were taken to make all attorneys agree not
to have more than two apprentices in their office
at one time. About the same time the Boston newspaper,
called the “Centinel,” shows there was
a similar state of overproduction in Boston.
Only the trouble there was principally with the doctors,
for doctors were then turned loose in the same way,
carrying a diploma from the old physician with whom
they had matriculated and duly graduated.
Law schools and medical colleges,
be it known, are comparatively modern institutions not
quite so new, however, as business colleges, but pretty
nearly so. And now in Chicago there is a “Barbers’
University,” which issues diplomas to men who
can manipulate a razor and shears, whereas, until
yesterday, boys learned to be barbers by working in
a barber’s shop. The good old way was to
pass a profession along from man to man.
And it is so yet in a degree, for
no man is allowed to practise either medicine or law
until he has spent some time in the office of a practitioner
in good standing.
In the Catholic Church, and also in
the Episcopal, the novitiate is expected to serve
for a time under an older clergyman; but all the other
denominations have broken away, and now spring the
fledgling on the world straight from the factory.
Several other of his children having
sorely disappointed him, Peter Jay seemed to center
his ambitions on his boy John. So we find him
paying Benjamin Kissam, the eminent lawyer, two hundred
pounds in good coin of the Colony to take John Jay
as a ’prentice for five years. John went
at it and began copying those endless, wordy documents
in which the old-time attorney used to delight.
John sat at one end of a table, and at the other was
seated one Lindley Murray, at the mention of whose
name terror used to seize my soul.
Murray has written some good, presentable
English to the effect that young Jay, even at that
time, had the inclination and ability to focus his
mind upon the subject in hand. “He used
to work just as steadily when his employer was away
as when he was in the office,” a fact which the
grammarian seemed to regard as rather strange.
In a year we find that when Mr. Kissam
went away he left the keys of the safe in John Jay’s
hands, with orders what to do in case of emergencies.
Thus does responsibility gravitate to him who can shoulder
it, and trust to the man who deserves it.
It was in Kissam’s office that
Jay acquired that habit of reticence and serene poise
which, becoming fixed in character, made his words
carry such weight in later years. He never gave
snapshot opinions, or talked at random, or voiced
any sentiment for which he could not give a reason.
His companions were usually men much
older than he. At the “Moot Club”
he took part with James Duane, who was to be New York’s
first continental mayor; Gouverneur Morris, who had
not at that time acquired the wooden leg which he
once snatched off and brandished with happy effect
before a Paris mob; and Samuel Jones, who was to take
as ’prentice and drill that strong man, De Witt
Clinton.
Before his years of apprenticeship
were over, John Jay, the quiet, the modest, the reticent,
was known as a safe and competent lawyer Kissam
having pushed him forward as associate counsel in various
difficult cases.
Meantime, certain chests of tea had
been dumped into Boston Harbor, and the example had
been followed by the “Mohawks” in New York.
British oppression had made many Tories lukewarm,
and then English rapacity had transformed these Tories
into Whigs. Jay was one of these; and in newspapers
and pamphlets, and from the platform, he had pleaded
the cause of the Colonies. Opposition crystallized
his reasons, and threats only served to make him reaffirm
the truths he had stated.
So prominent had his utterances made
his name, that one fine day he was nominated to attend
the first Congress of the Colonies to be held in Philadelphia.
In August, Seventeen Hundred Seventy-four,
we find him leaving his office in New York in charge
of a clerk, and riding horseback over to the town of
Elizabeth, there joining his father-in-law, and the
two starting for Philadelphia. On the road they
fell in with John Adams, who kept a diary. That
night at the tavern where they stopped, the sharp-eyed
Yankee recorded the fact of meeting these new friends
and added, “Mr. Jay is a young gentleman of
the law ... and Mr. Scott says a hard student and a
very good speaker.”
And so they journeyed on across the
State to Trenton and down the Delaware River to Philadelphia,
visiting, and cautiously discussing great issues as
they went. Samuel Adams, too, was in the party,
as reticent as Jay. Jay was twenty-nine and Samuel
Adams fifty-two years old, but they became good friends,
and Samuel once quietly said to John Adams, “That
man Jay is young in years, but he has an old head.”
Jay was the youngest man of the Convention, save one.
When the Second Congress met, Jay
was again a delegate. He served on several important
committees, and drew up a statement that was addressed
to the people of England; but he was recalled to New
York before the supreme issue was reached, and thus,
through accident, the Declaration of Independence
does not contain the signature of John Jay.
In Seventeen Hundred Seventy-eight,
Jay was chosen president of the Continental Congress
to succeed that other patriotic Huguenot, Laurens.
The following year he was selected as the man to go
to Spain, to secure from that country certain friendly
favors.
His reception there was exceedingly
frosty, and the mention of his two years on the ragged
edge of court life at Madrid, in later years brought
to his face a grim smile.
Spain’s diplomatic policy was
smooth hypocrisy and rank untruth, and all her promises,
it seems, were made but to be broken. Jay’s
negotiations were only partially successful, but he
came to know the language, the country and the people
in a way that made his knowledge very valuable to
America.
By Seventeen Hundred Eighty-one, England
had begun to see that to compel the absolute submission
of the Colonies was more of a job than she had anticipated.
News of victories was duly sent to the “mother
country” at regular intervals, but with these
glad tidings were requests for more troops, and requisitions
for ships and arms.
The American army was a very hard
thing to find. It would fight one day, to retreat
the next, and had a way of making midnight attacks
and flank movements that, to say the least, were very
confusing. Then it would separate, to come together Lord
knows where! This made Lord Cornwallis once write
to the Home Secretary: “I could easily defeat
the enemy, if I could find him and engage him in a
fair fight.” He seemed to think it was
“no fair,” forgetting the old proverb which
has something to say about love and war.
Finally, Cornwallis got the thing
his soul desired a fair fight. He was
then acting on the defensive. The fight was short
and sharp; and Colonel Alexander Hamilton, who led
the charge, in ten minutes planted the Stars and Stripes
on his ramparts.
That night Cornwallis was the “guest”
of Washington, and the next day a dinner was given
in his honor.
He was then obliged to write to the
Home Secretary, “We have met the enemy, and
we are theirs” but of course he did
not express it just exactly that way. Then it
was that King George, for the first time, showed a
disposition to negotiate for peace.
As peace commissioners, America named
Franklin, John Adams, Laurens, Jay and Jefferson.
Jefferson refused to leave his wife,
who was in delicate health. Adams was at The
Hague, just closing up a very necessary loan.
Laurens had been sent to Holland on a diplomatic mission,
and his ship having been overhauled by a British man-of-war,
he was safely in that historic spot, the Tower of
London.
So Jay and Franklin alone met the
English commissioners, and Jay stated to them the
conditions of peace.
In a few weeks Adams arrived, still
keeping a diary. In that diary is found this
item: “The French call me ‘Le Washington
de la Négociation’: a very
flattering compliment indeed, to which I have no right,
but sincerely think it belongs to Mr. Jay.”
Jay quitted Paris in May, Seventeen
Hundred Eighty-four, having been gone from his native
land eight years. When he reached New York there
was a great demonstration in his honor. Triumphal
arches were erected across Broadway, houses and stores
were decorated with bunting, cannons boomed, and bells
rang. The freedom of the city was presented to
him in a gold box, with an exceedingly complimentary
address, engrossed on parchment, and signed by one
hundred of the leading citizens.
Jay spent just one day in New York,
and then rode on horseback up to the old farm at Rye,
Westchester County, to see his father. That evening
there was a service of thanksgiving at the village
church, after which the citizens repaired to the Jay
mansion, one story high and eighty feet long, where
a barrel of cider was tapped, and “a groce of
Church Wardens” passed around, with free tobacco
for all.
John Jay stood on the front porch
and made a modest speech just five minutes long, among
other things saying he had come home to be a neighbor
to them, having quit public life for good. But
he refused to talk about his own experiences in Europe.
His reticence, however, was made up for by good old
Peter Jay, who assured the people that John Jay was
America’s foremost citizen; and in this statement
he was backed up by the village preacher, with not
a dissenting voice from the assembled citizens.
It is rather curious (or it isn’t,
I’m not sure which) how most statesmen have
quit public life several times during their careers,
like the prima donnas who make farewell tours.
The ingratitude of republics is proverbial, but to
limit ingratitude to republics shows a lack of experience.
The progeny of the men who tired of hearing Aristides
called The Just are very numerous. Of course
it is easy to say that he who expects gratitude does
not deserve it; but the fact remains that the men
who know it are yet stung by calumny when it comes
their way.
That fine demonstration in Jay’s
honor was in great part to overwhelm and stamp out
the undertone of growl and snarl that filled the air.
Many said that peace had been gained at awful cost,
that Jay had deferred to royalty and trifled with
the wishes of the people in making terms.
And now Jay had got home, back to
his family and farm, back to quiet and rest.
The long, hard fight had been won and America was free.
For eight years had he toiled and striven and planned:
much had been accomplished not all he hoped,
but much.
He had done his best for his country,
his own affairs were in bad shape, Congress had paid
him meagerly, and now he would turn public life over
to others and live his own life.
All through life men reach these places
where they say, “Here will we build three tabernacles”;
but out of the silence comes the imperative Voice,
“Arise, and get thee hence, for this is not thy
rest.”
And now the war was over, peace was
concluded; but war leaves a country in chaos.
The long, slow work of reconstruction and of binding
up a nation’s wounds must follow. America
was independent, but she had yet to win from the civilized
world the recognition that she must have in order to
endure.
Jay was importuned by Washington to
take the position of Secretary of Foreign Affairs,
one of the most important offices to be filled.
He accepted, and discharged the exacting
duties of the place for five years.
Then came the adoption of the Federal
Constitution, and the election of Washington as President
of the United States.
Washington wrote to Jay: “There
must be a Court, perpetual and Supreme, to which all
questions of internal dispute between States or people
be referred. This Court must be greater than
the Executive, greater than any individual State,
separated and apart from any political party.
You must be the first official head of the Executive.”
And Jay, as every schoolboy knows,
was the first Chief Justice of the Supreme Court of
the United States. By his sagacity, his dignity,
his knowledge of men, and love of order and uprightness,
he gave it that high place which it yet holds, and
which it must hold; for when the decisions of the
Supreme Court are questioned by a State or people,
the fabric of our government is but a spider’s
web through which anarchy and unreason will stalk.
In Seventeen Hundred Ninety-four,
came serious complications with Great Britain, growing
out of the construction of terms of peace made in Paris
eleven years before.
Some one must go to Great Britain
and make a new treaty in order to preserve our honor
and save us from another war.
Franklin was dead; Adams as Vice-President
could not be spared; Hamilton’s fiery temper
was dangerous no one could accomplish the
delicate mission so well as Jay.
Jay, self-centered and calm, said
little; but in compliance with Washington’s
wish resigned his office, and set sail with full powers
to use his own judgment in everything, and the assurance
that any treaty he made would be ratified.
Arriving in England, he at once opened
negotiations with Lord Grenville, and in five months
the new treaty was signed.
It provided for the payment to American
citizens for losses of private shipping during the
war; and over ten million dollars were paid to citizens
of the United States under this agreement.
It fixed the boundary-line between
the State of Maine and Canada; provided for the surrender
of British posts in the Far West; that neither nation
was to allow enlistments within its territory by a
third nation at war with another; arranged for the
surrender of fugitives charged with murder or forgery;
and made definite terms as to various minor, but none
the less important, questions.
A storm of opposition greeted the
treaty when its terms were made known in America.
Jay was accused of bartering away the rights of America,
and indignation meetings were held, because Jay had
not insisted on apologies, and set sums of indemnity
on this, that and the other.
Nevertheless, Washington ratified
the treaty; and when Jay arrived in America there
was a greeting fully as cordial and generous as that
on the occasion of his other homecoming.
In fact, while he was absent, his
friends had put him in nomination as Governor of New
York. His election to that office occurred just
two days before he arrived, and when he landed his
senses were mystified by hearing loud hurrahs for
“Governor Jay.”
When his term of office expired he
was re-elected, so he served as Governor, in all,
six years. The most important measure carried
out during that time was the abolition of slavery
in the State of New York, an act he had strenuously
insisted on for twenty years, but which was not made
possible until he had the power of Governor, and crowded
the measure upon the Legislature.
Over a quarter of a century had passed
since John Adams and John Jay had met on horseback
out there on the New Jersey turnpike. Their intimacy
had been continuous and their labors as important
as ever engrossed the minds of men, but in it all
there was neither jealousy nor bickering. They
were friends.
At the close of Jay’s gubernatorial
term, President Adams nominated him for the office
of Chief Justice, made vacant by the resignation of
Oliver Ellsworth. The Senate unanimously confirmed
the nomination, but Jay refused to accept the place.
For twenty-eight years he had served
his country served it in its most trying
hours. He was not an old man in years, but the
severity and anxiety of his labors had told on his
health, and the elasticity of youth had gone from
his brain forever. He knew this, and feared the
danger of continued exertion. “My best
work is done,” he said; “if I continue
I may undo the good I have accomplished. I have
earned a rest.”
He retired to the ancestral farm at
Bedford, Westchester County, to enjoy his vacation.
In a year his wife died, and the shock told on his
already shattered nerves.
“The habit of reticence grew
upon him,” says one writer, “until he could
not be tricked into giving an opinion even about the
weather.”
And so he lived out his days as a
partial recluse, deep in problems of “raising
watermelons, and sheep that would not jump fences.”
He worked with his hands, wore blue jeans, voted at
every town election, but to a great degree lived only
in the past. The problems of church and village
politics and farm life filled his declining days.
To a great degree his physical health
came back, but the problems of statecraft he left
to other heads and hands.
His religious nature manifested itself
in various philanthropic schemes, and the Bible Society
he founded endures even unto this day. These things
afforded a healthful exercise for that tireless brain
which refused to run down.
His daughters made his home ideal,
their love and gentleness soothing his declining years.
Death to him was kindly, gathering
him as Autumn, the messenger of Winter, reaps the
leaves.
No one has ever made the claim that
Jay possessed genius. He had something which
is better, though, for most of the affairs of life,
and that is commonsense. In his intellect there
was not the flash of Hamilton, nor the creative quality
possessed by Jefferson, nor the large all-roundness
of Franklin.
He was the average man who has trained
and educated and made the best use of every faculty
and every opportunity. He was genuine; he was
honest; and if he never surprised his friends by his
brilliancy, he surely never disappointed them through
duplicity.
He made no promises that he could
not keep; he held out no vain hopes.
As a diplomat he seems nearly the
ideal. We have been taught that the line of demarcation
between diplomacy and untruth is very shadowy.
But truth is very good policy and in the main answers
the purpose much better than the other thing.
I am quite willing to leave the matter to those who
have tried both.
We can not say that Jay was “magnetic,”
for magnetic men win the rabble; but Jay did better:
he won the confidence and admiration of the strong
and discerning. His manner was gentle and pleasing;
his words few, and as a listener he set a pace that
all novitiates in the school of diplomacy would do
well to follow.
To talk well is a talent, but to listen
is a fine art. If I really wished to win the
love of a man I’d practise the art of listening.
Even dull people often talk well when there is some
one near who cultivates the receptive mood; and to
please a man you must give him an opportunity to be
both wise and witty. Men are pleased with their
friends when they are pleased with themselves, and
no man is ever so pleased with himself as when he
has expressed himself well.
The sympathetic listener at a lecture
or sermon is the only one who gets his money’s
worth. If you would get good, lend your sympathy
to a speaker, and if, accidentally, you imbibe heresy,
you can easily throw it overboard when you get home.
John Jay was quiet and undemonstrative
in speech, cultivating a fine reserve. In debate
he never fired all his guns, and his best battles were
won with the powder that was never exploded. “You
had always better keep a small balance to your credit,”
he once advised a young attorney.
When the first Congress met, Jay was
not in favor of complete independence from England.
He asked only for simple justice, and said, “The
middle course is best.” He listened to
John Adams and Patrick Henry and quietly discussed
the matter with Samuel Adams; but it was some time
before he saw that the density of King George was
hopeless, and that the work of complete separation
was being forced upon the Colonies by the blindness
and stupidity of the British Parliament.
He then accepted the issue.
During those first days of the Revolution,
New York did not stand firm, as did Boston, for the
cause of independence. “The foes at home
are the only ones I really fear,” once wrote
Hamilton.
First to pacify and placate, then
to win and hold those worse than neutrals, was the
work of John Jay. While Washington was in the
field, Jay, with tireless pen, upheld the cause, and
by his speech and presence kept anarchy at bay.
As president of the Committee of Safety
he showed he could do something more than talk and
write. When Tories refused to take the oath of
allegiance he quietly wrote the order to imprison or
banish; and with friend, foe or kinsman there was
neither dalliance nor turning aside. His heart
was in the cause his property, his life.
The time for argument had passed.
In the gloom that followed the defeat
of Washington at Brooklyn, Jay issued an address to
the people that is a classic in its fine, stern spirit
of hope and strength. Congress had the address
reprinted and sent broadcast, and also translated
and printed in German.
His work divides itself by a strange
coincidence into three equal parts. Twenty-eight
years were passed in youth and education; twenty-eight
years in continuous public work; and twenty-eight
years in retirement and rest.
As one of that immortal ten, mentioned
by a great English statesman, who gave order, dignity,
stability and direction to the cause of American Independence,
the name of John Jay is secure.