John Jay Papers
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https://founders.archives.gov/documents/Jay/01-04-02-0176

To John Jay from the Governor of New York (George Clinton), 20 July 1786

From the Governor of New York (George Clinton)

New York 20th. July 1786

Sir

In Compliance with your Letter of the 3d: of May last,1 I have the Honor to transmit you inclosed, Extracts from the Journals of the Assembly, of this State,2 containing the Information required and am, with the highest Respect Sir Your Most Obedt Servt.

Geo: Clinton

The honble. John Jay Esquire

LS, with enclosed extracts, DNA: PCC, item 67, 2: 531, 534–38 (EJ: 5136). Endorsed. LbkC, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 2: 439–43 (EJ: 2020).

1See JJ to the Governor of New York, 3 May 1786, LbkC, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 2: 281 (EJ: 1928). This was a circular letter sent to the governors of each state, inquiring about their compliance with the peace treaty. See also JJ to the President of Delaware, LS, DeHi (EJ: 582); JJ to the President of Pennsylvania, LS, PHi (EJ: 1126); JJ to the Governor of Connecticut, LS, MWA (EJ: 2617). On state violations of the treaty of peace, see Extracts from John Jay’s Report on Violations of the Treaty of Peace, 13 Oct. 1786, below.

2The enclosed extracts from the New York assembly minutes of 31 Jan., and 31 Mar. 1784, included copies of resolutions of the senate, concurred in by the assembly, declining to conform to Article 5 of the peace treaty as follows:

“Resolved, (if the Honorable the House of Assembly concur therein) that it appears to this Legislature, that in the progress of the late War, the Adherents of the King of Great Britain, instead of being restrained to fair and mitigated Hostilities, which are only permitted by the Laws of Nations, have cruelly massacred without Regard to Age or Sex, many of our Citizens, and wantonly desolated and laid Waste, a very great Part of this State, by burning not only single Houses and other Buildings in many Parts of this State, but even whole Towns and Villages, and destroying other property throughout a great extent of Country, and in Enterprizes which had nothing but Vegeance for their object”.

“And that in consequence of such unwarrantable Operations, great Numbers of the Citizens of this State, have, from affluent Circumstances been reduced to Poverty and Distress—”

“Resolved, That it appears to this Legislature, that divers ^of the^ Inhabitants of this State, have continued to adhere, to the King of Great Britain, after these States were declared free and Independent; and persevered in aiding the said King, his Fleets and Armies, to subjugate these United States to Bondage.”

“Resolved, That as on the one Hand, the rules of Justice do not require, so on the other, the public Tranquility will not permit, that such Adherents, who have been attainted, should be restored to the Rights of Citizenship.”

“And that there can be no reason, for restoring Property, which has been confiscated or forfeited, the more especially, as no Compensation is offered, on the Part of the said King, and his Adherents, for the Damages sustained by this State and its Citizens, from the Desolation aforesaid.”

“Resolved therefore, That while this Legislature entertain the highest Sense of national Honor, of the Sanction of Treaties, and of the Deference ^which^ is due to the advice of the United States in Congress Assembled, they find it inconsistent with their Duty to comply with the Recommendation of the said United States, on the subject Matter of the fifth Article of the Definitive Treaty of Peace.”

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