John Jay to John Tabor Kempe, 27 December 1771

[New York, 27th December 1771]

Sir

Your Doubts respecting Faulkners Declaration appear well founded, and the Remarks contained in your Letter judicious. 1 I concieve the Charge of his having robbed the Company imports no more than a Breach of Trust–€”if so, it would be hazardous to insert those Counts: if we recover Damages it will be on the other, I am therefore for resting the Cause upon them, and think the Partnership should ^ not ^ appear from the Declaration.

I must now Sir! call your Attention to another Subject.

M r . Bloomer, you know, engaged me as Counsel with M r . Duane and yourself in the Action you commenced for Recovery of his Salary. The Cause is now almost ripe for a Determination, and I have not been consulted in any one Stage of the Suit. 2 Had it been a mere Matter of usual Compliment, I should have expected from the Attorney General–€™s Politeness: The Neglect however would then have produced no Complaint; for tho Civility often gives Pleasure, a contrary Deportment is seldom of sufficient Importance to create Concern.

But Sir! in the present Case, as you was the Complainants Sollicitor I expected some little Attention, not from the Attorney Generals Acquaintance with the Rules of Politeness, but the Rules of Business; and allow me to remark that a Deviation from the latter is sometimes a Violation of both. The Cause I confess would have recieved little Advantage from my Aid. it would nevertheless have been but decent to have gratified your Client, & treated the Person he retained as his Counsel, with common Respect.

Your Conduct at least represents me in an insignificant Point ^ of View ^ and the more so, as your general Behaveour is deemed candid & polite; it therefore calls for an Explanation–€”to remain silent would argue little Spirit or little Regard for Reputation–€”Imputations which no Gentleman will either merit, or with Impunity permit–€”I am Sir your humble Serv t .

John Jay–€”

To John T. Kempe Esq r