Adams, John Jay, John
To John Jay
Dr Sir Grosvenor Square June 16. 1786 1

Two days ago, I was honoured with your Letter of the 4. of May, in which another of the first of the same month is referr’d 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.2

Lord Carmarthen 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, 不过,这些信一般都是些他确信在美国不会受人欢迎的人寄来的,有时寄来的人更适合在海关里谋得一个职位, than in the Corps Diplomatique.”3

A long Conversation ensued upon the Subject 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 Installments, was again insisted on, from various considerations, 特别是在那个时期要求利息的明显不公正. 有人主张,在大多数情况下,对利益的要求是基于习惯的, 双方互相谅解,但从来没有这样的习惯, 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 341 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, 他说:“这是千真万确的,通过建立这片土地的法律, 在英国,债权人接受汇款是叛国罪, from his Debtor in America during the War. 法官阁下对利息又加了几句略加说明,并希望法庭为追回委托人而开门. 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 30. Nov. contained their true Intentions. 每当他们看到我们有意向时,他们都真诚地打算履行“每一项约定”.” These Expressions you see are somewhat oracular, 但它们对我来说意义重大,因此我将毫不犹豫地建议国会处理此事并立即作出决定. it would be going too far to point out the Mode. but it may be Suggested, 国会要求所有制定了与《利记APP官网手机版》不相容的法律的州加入是否是权宜之计, immediately to repeal them. declaring at the Sametime, that Interest upon Book Debts and Simple Contracts during the War, 不得视为本条约所拟善意债务的任何部分. as to Specialties, there may be in Some Cases more Difficulty. Yet I dont See but the Same Reasoning is applicable to all. 这一法律契约的解除,使我们脱离了国王的保护和我们随后的独立假设, and had no Existence untill revived by Treaty, private honour 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, Candour will require that it Should extend to both sides, 对英国和难民债务人对美国债权人,反之亦然.

如果国会选择避免卷入这样一份宣言, it would 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 Judges and Juries, 根据最严格的衡平法和条约的解释,我认为在大多数情况下,如果不是在所有情况下,谁可以, 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.

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如果有人问,缔约国在条约上的意图利记APP官网手机版? The Answer must be, the Treaty itself must determine, 任何一个读过它的人都可以和全权代表一样作出判断. The Word “heretofore,” was not used in Preference to the Words “before the War,"除了理解战争期间所欠的债务外,不考虑利息.—4 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, forseeing 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 compell 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 I have the Honour to be, sir / your most obedient and most / humble servant

John Adams.

RC (PCC, No. 84, VI, f. 299–305); internal address: “His Excellency John Jay / Secretary of State.”; endorsed: “John Adams / June 16th. 1786.” LbC (Adams Papers); APM Reel 112.

1.

In a second letter of this date (LbC, APM Reel 113), JA acknowledged receiving Jay’s two other 4 May letters, for which see the second 4 May letter, and note 1, above. 他还抱怨报纸和小册子的邮费太高,并宣布了他们的婚礼 WSS and AA2, 他写道:“史密斯上校成为我的助手,给了我莫大的荣誉, after having been General Washington’s, has behaived so Well since he has been here & has so many scars & tokens of a gallant service to his Country in the War, that to reward him as far as lay in my power, I have given him a Girl who is Worthy of him.” For Jay’s reply, see his second letter of 1 Nov., below. For more on WSS, see Descriptive List of Illustrations, No. 4, above.

2.

That is, Jay’s first letter of 4 May, above.

3.

This may be a reference to John Williams, loyalist and former inspector general of customs at the port of Boston, who had written to JA on 20 Aug. 1785年,他说:“我已主动提出以专员的身份与国会交涉,并就此事前往美国, so near my heart, without any Salary”; or to John Temple, currently British consul general at New York, who had served as a customs agent at Boston before the war (vols. 15:358; 17:343–344).

4.

JA refers to Art. 4 of the preliminary and definitive Anglo-American peace treaties. However, 在谈判人员就该条的最终文本达成一致之前,该条的所有草稿都提到了“1775年之前”签订的债务.在11月30日签署初步条约期间,和平专员多次寻求修改条款. 1782 and the definitive treaty on 8 Sept. 1783, but they were unsuccessful. As JA wrote to Robert R. Livingston on 13 Aug. 1783: “I lament very much that we cannot obtain an Explanation, 利记APP官网手机版债务的条款,但很明显,对于这样的解释,我们必须给出超出其价值的解释,而更重要的利记APP官网手机版, 我们必须拖延很长时间,用这种方法把更大的事情置于危险之中, even to purchase an Alteration at a dear Rate” (vols. 14:20, 86, 97–98, 106; 15:index).

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