port. And now, having taken "all the measures," says our author, "dictated by human prudence, congress submitted their cause, with prayer and fasting, unto HIM without whose blessing the wisdom of man is folly, and his strength weakness;" and the 20th July, 1775, was thus solemnly observed throughout the colonies.

A little characteristic trait here occurs of another kind. It being reported to Jay by the colonel commandant at New York, (McDougal,) that commissions in the militia "went a begging," because "men of rank and influence refused to serve in it," Jay immediately wrote back soliciting rank for himself, and thus became "Colonel of the Second Regiment of Foot of the City of New York." But higher civil trusts withheld him from pursuing a military career. On the 29th November, congress entrusted to a secret committee, of which Mr. Jay was chairman, the high and unlimited charge of a discretionary correspondence" with the friends of America in Great Britain and Ireland, and other parts of the world," making Mr. Jay, in point of fact, the representative of the revolutionary government to all foreign powers. The mys terious stranger whose message to congress had dictated its appointment is an anecdote we have ourselves heard from the mouth of Jay. We here refer our readers to it in his son's narrative. (P. 40.)

This event paved the way for direct communication with the French government, and led, after a short interval, to Deane's appointment by the committee, with power to negotiate a loan in that country, Of the two subsequently-appointed and more openly-energetic committees of Congressone "for repressing domestic disaffection," the other "for fitting out privateers," Jay was, also, of both a leading member, and the report from the latter came from his pen. But in the midst of these unintermitted congressional labors, a more imperative demand for his services arose within his own state. During his absence, he had been elected a delegate from the city and county of New York to a new provincial convention, called for the purpose of "preparing a State Constitution." This convention met without him, but, finding themselves involved in many deep questions, both of law and policy, and feeling the need of his wise and prudent counsels in their critical course, they proceeded to recall him (which, as delegated by the convention, they had a right to do,) from his attendance on congress, to their aid. In

obedience to this call, however unwillingly, on the twentyfifth of May, Mr. Jay appeared and took his seat in the convention-finding himself already placed at the head of the committee on whose deliberations the whole action of the convention depended. With characteristic fidelity he devoted himself to the task, and, within six days, as their chairman, reported a series of resolutions which were adopted by the convention, recognizing the insufficiency of their own actual powers and authority, and recommending to the province a new convention, to be elected with power to establish a new form of government. On the ninth of July, the new and empowered convention met, the old continuing in session up to that day- Mr. Jay being again returned member for the city. Their new session opened under higher as well as fairer auspices, for the DECLARATION OF INDEPENDENCE, passed on the fourth, was, on that day, (ninth of July,) received from Philadelphia by the convention. To that high document, as is well known, Mr. Jay's name appears not, through this, his imperative absence; yet is no one of its signers' fame, we may confidently say, thereon stamped more legibly or deeply. It was an act matured before it spoke out, and Jay's spirit was in it. On its reception by the convention, a committee was appointed to report upon it, and Jay unanimously placed at its head. The report was made instanter, and as unanimously adopted, declaring the reasons for the act "cogent and conclusive"-that the convention "approve the same," and will support it "at the risk of lives and fortunes." This equivalent pledge, subsequently so nobly redeemed, is still preserved, in Jay's own hand-writing, among the archives of the State of New York, and, as well observed by his biographer, may surely be set in balance against the incidental fact of the absence of his name from the instrument itself. The day following this patriotic report in favor of the action of congress, brought forth from Jay an equally characteristic one in opposition to them. The case was this: in the nomination of the officers of a battalion raised under the authority of the New York Convention, congress had usurped a power not given to it; and usurpation, from whatever quarter, Jay was always ready to denounce, and that in no measured terms with but the lofty courtesy, in this case, that the "convention entertained too high an opinion of the virtue and integrity of congress to apologize for a freedom of speech becoming freemen."

The war having now begun, by the enemy's possession of New York and Lord Howe's hostile fleet passing up the Hudson, nothing remained for the New York Convention but to suspend its civil and assume its military labors-as undefined as they were novel for such body. This was done by organizing a "standing committee," with unlimited, and therefore, supreme executive authority. Of this committee, Jay became a leading member. His reported draft of a constitution, made the first of August to the convention, was then remanded until more peaceful times; while, for still more efficient action, the standing committee was again resolved into a new and more formidable body, under the fearful title of a "Committee for inquiring into, detecting, and defeating all conspiracies which may be formed in this state against the liberties of America;" having power "to send for persons and papers"-"to call out detachments of the militia""to apprehend, secure, or remove persons whom they might judge dangerous to the safety of the state"-"to make drafts on the treasury, to enjoin secrecy on their members and the persons they employed, and to raise and officer two hundred and twenty men, and to employ them as they saw fit." Of this tremendous engine of tyranny, Mr. Jay was made prime mover, being chosen by the committee their permanent chairman. Well was it for American fame, as well as liberty, that such a weapon was placed in safe hands; it was such, as in other times and countries, had seldom failed to desecrate as well as desolate society. Its first step was to put forth a plain, strong preamble and resolutions, both from Mr. Jay's pen. The minutes of this committee, still extant, attest equal vigor and moderation. Never, per

haps, was such irresponsible power more justly or gently exercised. After some months, however, its powers and duties were again merged and modified by the creation of a new committee entitled the "Council of Safety," immediately after the appointment of which the convention itself dissolved, leaving in its hands absolute sovereignty, with power of life and death, and the control of all military operations in the state. Such was this new form of dictatorship; but a Cincinnatus was at its head; and, what is more, a Christian. Without such guard it had been a fearful tyranny. Among the anecdotes recorded of the spirit in which this irresponsible power was wielded, our author gives one. Having reason to believe that an over-zealous committee-man had exercised

his power with unjustifiable severity, Mr. Jay procured a vote of censure against him. On receiving from him, however, subsequently, though in anger, a satisfactory vindication of himself, Jay instantly replied, "You are right, and I was wrong; I ask your pardon." The committee-man, overpowered, exclaimed, in grasping his hand, "I have often heard that John Jay was a great man, and now I know it!"- p. 87.

But a crisis had now arrived, and the state of the country, under the rapid progress of the British arms, admitted of no half measures. In this moment of gloom and dismay, Jay resumed his pen and in an address, "the most animating and thrilling," says his biographer, and we agree with him, "that ever flowed from it, called on his countrymen to awaken to a sense of their danger, and to discharge the duties they owed to themselves, their country, and their God. This call came forth in the name of the New York Convention, shortly before their dissolution; and, although addressed but to their constituents, was taken up and adopted, by a resolution in the general congress, earnestly recommending it to the serious perusal and attention of the inhabitants of the United States;" ordering it, further, "to be translated and printed in the German language, at the expense of the continent." Journals of Congress. As in all he ever wrote or said, Jay's argument was here built on religion. "Rouse, brave citizens; do your duty like men. The holy gospels are yet to be preached to these western regions, and we have the highest reason to believe that the Almighty will not suffer slavery and the gospel to go hand in hand. It cannot, it will not be."

By such words did Jay seek to infuse into the hearts of others his own stern resolves and high hopes-ever the sterner and the higher as fortune darkened over his country. We commend its perusal to modern patriots, in order that they may learn how, in the most tumultuous times, patriotism may be elevated into piety, dignified by virtue, and consecrated by religion. "Let a general reformation of manners take place," are among its closing words; "let universal charity, public spirit, and private virtue be inculcated, encouraged, and practised. Unite in preparing for a vigorous defence of our country, as if all depended on your own exertions. And when you have done all things, then rely upon the good providence of God for success, in full confidence

that, without his blessing, all our efforts will inevitably fail." -p. 25. That these were not, with Jay, "words of rhetoric" to catch the religious mind of the people, we quote a passage from a private letter, about this time, to a friend who, like himself, was tried with domestic misfortune: "Despondency, however, ill becomes a man; I hope I shall meet every severe stroke of fate with firmness and resignation, though not with sullen indifference. It gives me consolation to reflect that the human race are immortal, and that my parents and friends will be divided from me only by a curtain which will be soon drawn up, and that our great and benevolent Creator will (if I please) be my guide through this vale of tears to our eternal and blessed habitation."-Letter to R. L. Livingston.

Hitherto, Jay's position has been that of a revolutionary leader, with an influence uncontrolled but by personal character, though never, surely, was such unregulated power lodged in safer hands. But we come, now, to behold him in stations more congenial to him-wielding power under the guidance and limitation of law. The New York Convention dissolved not till it had framed a constitution for the state. On the twelfth of March, 1777, as chairman of the committee, Mr. Jay reported the plan complete. By it the right of suffrage was, in several instances, restricted to freeholders-it being a favorite maxim with Jay, "that they who own the country ought to govern it." Immediately upon its adoption, at which Mr. Jay was not present, being in attendance on a dying mother, the convention proceeded to abrogate their revolutionary powers, appointing Mr. Jay Chief Justice, “ad interim," until the new government could be constitutionally organized, thus transferring to him the judicial, as it had already done, in its "Council of Safety," the executive government of the state. This interregnum continued from March to September, 1777-his judicial office necessarily vacating his seat in congress. But, in proceeding to organize the state government, a new test came up to try Jay's self-denial-the proffer of the highest rank in it. He was solicited to allow his name to be held up for governor; and, before answer received, was so nominated. To such call, how many patriots of our day, may we estimate, would make the reply which follows, namely: "In my opinion, I can be more useful in the place I now hold, and therefore, though the other is far more respectable as well as lucrative, yet, sir, the regard due to the public good induces me to decline this promotion."-Vol. ii., p. 12.