John Jay Papers
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From John Jay to Peter Jay Munro, 2 March 1812

To Peter Jay Munro

Bedford 2 March 1812

Dear Peter

It is said that the manufacturing Company at Mamaroneck, have applied to the Legislature for an Act to empower them (on paying Damages) to overflow and drown as much of the adjacent Farms, and without the Consent of the owners, as may be necessary to make a Pond, that will afford a more ample Supply of water, than they can otherwise obtain there. The Country abounds in plentiful Streams— Why did they not fix on one that would answer their Purpose?—

When a Piece of Ground is wanted for a use important to the State, I know that the State has a Right to take it from the owner, on paying the full value of it. But certainly the Legislature has no Right to compel a Freeholder to part with his Land to any of his Fellow-Citizens; nor to deprive him of the use of it, in order to accommodate one or more of his neighbours, in the Prosecution of their particular Trade or Business. Such an act, by violating the Rights of Property, would be a most dangerous Precedent.—

The Injury which the Pond would doubtless do to the Health of the neighbourhood, deserves attention— but interesting as it is, I think it of less Importance, than that of exposing, by such an Act, the Rights of Property to Invasion & Disturbance— It may be said, that the Pond, by facilitating manufactures, will be a productive of good to the Public— but, will it not produce more Loss than Gain, if any of the essential Rights of Freemen are to be sunk in it.—

If the company want any thing belonging to their neighbours, let them, like all others, obtain it by voluntary and not compelled purchase— It would be strange if the Legislature, appointed to guard our equal Rights, should be prevailed upon, to furnish means for such Compulsion—

These Remarks are made on the Supposition that what I have heard may possibly be true— but to me it appears so extraordinary, that I am inclined to suspect that it has not been fully & fairly represented— Be so good as to inform me what the application made by the Company to the Legislature really is—1 I am Dear Peter your affte. uncle

John Jay

Peter Jay Munro Esqr.

ALS, NNMus (EJ: 00554). Dft, NNC (EJ: 09404); WJ, 2: 348–49.

1See WJ to JJ, 11 Feb. 1812, above.

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