From John Jay to John Temple, 5 July 1786
To John Temple
Of. for for. Af. 5th. July 1786
Sir
I have recd. and laid before Congress the Letter You did me the Honor to write on the 7 Ultimo—1 on returning to Town from Philadelphia last Saturday I found that this Letter had during my absence been referred to me to report and I shall without Delay report upon it2 as soon as some preceding References shall be dispatched—
Forgery of every kind are ^is^ doubtless unjustifiable, doubtless base as well as criminal and merits Punishments & Nations who ^& Governments which^ connive at or encourage it ^impair their own Dignity &^ corrupt the Morale of their People—
Whether your Information respecting the ^Practice of^ counterfeiting mediterranean Papers at Phi[ladelphi]a. is well or ill founded merits Inquiry—I wish it had been accompanied with at least ^some Evidence, if^ only such a Degree of Evidence ^it^ as to render it ^might^ create strong Probability and afford Ground for just Suspicion. Public ^& extraordinary^ Measures for detecting and punishing Crimes, presuppose always imply their a Belief of their Existence ^a Presumption that they exist^, and therefore tend to fix ^establish^ Imputations ^which may prove unjust and^ injurious to the object of them. In my opinion therefore should Government should observe great ^caution &^ Delicacy on on such occasions—mere suspicion is very slender proof of Guilt, and though perhaps it should sometimes prompt silent Inquiry, yet it should I think it can very rarely be a proper Foundation for such open & decided Proceedings tha ^as^ must induce a Presumption ^naturally cause and diffuse Opinion^ that there was at least strong circumstantial ^if not direct^ Proof of the Fact in Question of ^Criminality—^
To protect Innocence and punish offences are among the Great Ends of Government
As an Individual I can readily presume and believe ^am persuaded^ that you credit the Intelligence you have recd., and it is very probable that the same Circumstances which render lead you to credit it wd. if known have the same Influence on others. But really Sir I really and sincerely think that no Man ^or class of Citizens^ in a free Country ought to be affected in his ^their^ Persons prop ^Reputation^ Liberties or Property by naked Information agt. him unsupported by any kind of Evidence nor in my opinion ought that no Government ^ought^ to presume, that crimes a criminal Practices of any particular kind prevail ^in any particular Place^ until such ^some^ circumstantial or other Indications & Symptoms of it appear.
I can easily concieve that your Information may be very direct and particular, and yet so ^recd. &^ circumstanced that as not to permit you to communicate it in Detail. It is not my wish to learn from you more Particulars than you can with propriety communicate; but I assure you Sir it would give me pleasure to pursue and cooperate in any proper Measures that may be calculated to detect and suppress the Practice you complain of ^mention^3 With great Esteem & Regard I have the Honor to be Sir Your most obt. & hble Servt.
John Temple Esqr The Consul General of his britannic Majesty
Dft, NNC (EJ: 5853); C, DNA: PCC, item 80, 3: 253–54 (EJ: 290); LbkCs, , 2: 393–95 (EJ: 1992); PRO: FO 4/4 (EJ: 5052).
1. On 7 June Temple reported that British Mediterranean passes were being counterfeited at Philadelphia, but could be distinguished from valid ones and therefore would not protect American seamen from capture and enslavement. ALS, DNA: PCC, item 92, 561–62, 564 (EJ: 1065); LbkC, , 2: 362–63 (EJ: 1978); C, PRO: FO 4/4 (EJ: 5051, 5052); 6: 29.