John Jay Papers

Report on the Arrest of the Dutch Minister’s Servant, 24 March 1788

Report on the Arrest of the Dutch Minister’s Servant

[New York] Office for foreign Affairs 24th March 1788

The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter to him of the 18th December last from the Minister plenipotentiary of the United Netherlands,

Reports.

That in this Letter the Minister complains, that one of his Domestics had been arrested by a Constable of this City named John Wessel, in pursuance of a Warrant issued by John Wiley Esqr. one of the Alderman of the same.—

That on the 4th. January last he wrote the following Letter on the Subject to the Mayor of the City, Vizt.—

“Office for foreign Affairs 4th. January 1788

Sir

The Paper herewith enclosed is a Translation of a Letter in french dated the 18th. Ult: which I received from the Minister of the United Netherlands shortly before I returned to Town, the Day before Yesterday.—

As the Aggression of which he complains, is not the first of the kind which that Minister has experienced during his Residence here, he feels it very sensibly.—

I think it my Duty, Sir, to lay this Matter before you that proper Measures may be taken to satisfy the Minister, and to prevent the like Improprieties in future.—

I have the Honor to be &ca:

(signed) John Jay

The Honorable James Duane Esqr.
Mayor of the City of New York”

That in Answer to this he received the following, Vizt

“Office of Mayoralty 7th. January 1788

Sir

Yesterday I had the Honor of your Favor, enclosing a Copy of the Honorable Mr. Van Berckel’s Complaint of a Violation of his Privileges, as the Minister at this Court for the United Netherlands. I am now engaged in the Mayor’s Court which fully employs my Time and Attention, the Recorder who only could relieve me being absent. As soon as the Term ends I shall hope for a Conference with you on the Subject. In the mean Time I shall apprize Alderman Wiley of the Accusation, and recommend to him Conciliation, that we may be extricated from a Controversy which, if it becomes serious, cannot fail of proving highly disagreeable—perhaps disgraceful to a City with the Police of which I am so intimately connected.—

I have the Honor to be &ca:

(signed) Ja: Duane.—

Honorable John Jay Esqr.
Secretary for foreign Affairs”

That on the 10th. of the same Month he wrote to the Minister as follows, Vizt.—

“New York 10th. January 1788

Sir

The Letter you did me the Honor to write on the 18th Day of December last was transmitted to me whilst in the Country.—

On my Return to Town I wrote a Letter on the Subject of it to the Honorable Mr. Duane, and enclosed a Translation of your Letter; for as the Aggression complained of was committed in this City, it appeared to me proper that the Circumstances should be made known to its first Magistrate, in Order that Measures might be immediately taken, both for your Satisfaction and to prevent the like Improprieties in future.

The Mayor received the Application in the Manner becoming his Character and Office; but his whole Time being engaged by the Mayor’s Court, which is now sitting, a Day or two must elapse before it will be in my Power to give you any more particular Information on the Subject.—

I exceedingly regret that you should experience that Cause of Complaint from any of our Citizens. The present Instance doubtless originated in Ignorance, not in Design; but still as your official Rights were infringed, it is highly proper not only that you should assert them, but that proper Satisfaction be given you on that Head.

I have the Honor to be &ca:

(signed) John Jay

The Honorable the Minister
of the United Netherlands”

That he has since had sundry Conferences with the Mayor on the Subject, and that the Mayor appeared willing and desirous to do what might be right on the Occasion.

That the necessary Absence of the Mayor and Recorder, who were obliged to attend the Legislature at Poughkeepsie, has subjected the Progress of this Business to Delays, which he explained to the Minister in a Manner which he had Reason to think satisfactory.—

That he was induced to be at the Trouble of these informal Measures, in Hopes of being able to conclude the Business without the Interference of the national Government, which in his Opinion would tend to give it a greater Degree of Importance than it appeared to him to merit.—

That he nevertheless conceived it to be his Duty to inform Congress precisely of what had happened and been done, and therefore made the written Communications to them, which form the Subject of the Reference in Question.—

That the fœderal Government does not appear to him to be vested with any judicial Powers competent to the Cognizance and Judgment of such Cases, and therefore in his Opinion Congress can in the first Place only

Resolve that a Copy of the said Letter be transmitted to his Excellency the Governor of the State of New York, to the End that such judicial Proceedings may be had on the Complaint stated in it, as Justice and the Laws of Nations may require.—1

All which is submitted to the Wisdom of Congress—

John Jay

DS, DNA: PCC, item 81, 3: 51–55 (EJ: 3933). Endorsed: “Report / Secy for forn. Affairs / on letter Decr. 18th 1787 / from Minister of the United / Netherlands—complai / ning of breach of privilege / Entd. / Read March 25th. 1788 / Augt. 12th. 1788—a letter from Mr Jay / enclosing Judgment of the Mayors / court in the case of vessels— / Sepr. 10th. all the papers in that letter / transmitted to the Office fo. Affairs— / & letter Decr. 18th. 1787. from Mr V: Berckel / making complaint—to Mr Jay—”. LbkCs, DNA: PCC, item 124, 3: 166–71 (EJ: 4623); NNC: JJ Lbk. 3; JCC, description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends 34: 109–11.

1On this case, see Van Berckel to JJ, 18 Dec. 1787, and notes.

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