John Jay Papers
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James Duane: Journal of Proceedings of the New York Agents for the Settlement of the New York–Massachusetts Lands Dispute, [10–11 December 1784]

James Duane: Journal of Proceedings of
the New York Agents for the Settlement of the
New York-Massachusetts Lands Dispute

[Trenton, New Jersey 10–11 December 1784]1

Trenton December 1784
At a Conference at Mr. Jays on Fryday Evening the 10th Decr present all the Agents from New York & Mr Wilson

The List proposed by Massachusetts was taken into Consideration. They name   Gentlemen from Virginia alone   from   from  2  

It is observable ^was observed^ that while we have [illegible] given them scope ^in our List to choose for a Choice from each of^ them all the States they have in theirs confined us to   States only.

That with respect to Virginia: The New Y She sets up her claims under ^by her Constitution founded her territorial Rights on^ the ancient Charter to    which comprehends a very great part of the Country of the Six Nations— That the Claim of New York Covers the Country of the 6 Nations and consequently a great part of the Jurisdiction reserved for ^by^ Virginia by in her late Cession to the United States:3 and that it cannot be a pleasing Office to the Citizens of that State to pass a Judgement which might interfere with the Constitutional Claims of their Country.

That With respect to Connecticut there is such a similarity between her Claims against Pensylvania & the Massach. Claims against New York that her Citizens cannot be presumed to be free from Prejudice some Degree of Prejudice—4

That New Hampshire has an existing Controversy with New York which has been debated brought to a formal hearing before Congress:5

That upon the whole only Mr. Harison of all the Names Gent. proposed by Massach. can be agreed to consistan[t]ly with the Duty which we owe to our State—

It is therefore unanimously agreed that a new proposition be made to the Mass. Agents (to witt)

That each State ^the Agents on both sides respectively^ name two Gent from every State excepting New York & the Massach. which will make the number 44 and the Delegat Agents alternately strike out one till the number shall be reduced to 22 And that from these an Attempt be made to constitute Judges by Consent

And Mr. Duane is [expre?] appointed to communicate this proposition.

Mr. Duane accordingly made The said proposition to the Gentlemen of the Massach—

Saturday the 11th A.M.

Mr. Duane reported the Answer of the Masss Agents to the above proposition (to witt) That they expected that the Agents from New York would furnish them with a new List of 13 Gent. according to the former ^first^ Agreemt— That they would take it into Consideration and if it produced no Effect they would make us a proposition—

We thereupon formed a new List of the following Gent and Mr. Duane at the request of the Agents communi delivered it to the Mass. Agents.6

Nathaniel Green Rhode Island
John [Coxe?] & } New Jersey
Judge Smith
George Reede Delaware
Thomas Johnson } Maryland
Rob. H. Harrison
Charles Carrol
Thomas Stone
William Nelson Virginia
William Hooper } North Carolina
Abner Nash
John Penn
Edward Rutledge South Carolina7

AD, in the hand of James Duane, NHi: Duane (EJ: 11816). Only those portions of Duane’s journal covering events in which JJ participated have been included.

1For the previous notes of the proceedings of the New York agents, see Journal of the Proceedings of the New York Agents for Negotiating the New York-Massachusetts Land Dispute, [4–9 Dec. 1784], above.

2Spaces left blank in manuscript.

3On Virginia’s western land claims, see JJSP, 1 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay: Volume 1, 1760–1779 (Charlottesville, Va., 2010) description ends : 678, 679n2, 719, 719n2; 2: 208, 311n11, 387–88, 390n4.

4On the present state of the dispute between Connecticut and Pennsylvania over the land claims of Connecticut settlers in the Wyoming Valley, see JJ to Elbridge Gerry, 19 Feb. 1784, and notes, above; and LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 22: 113–14, 127, 173–75, 213, 506.

5On the dispute between New York and New Hampshire over Vermont lands, see JJSP, 1 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay: Volume 1, 1760–1779 (Charlottesville, Va., 2010) description ends : 554, 566–67n2, 590, 626n1, 691, 692–95.

6The list below appears on a separate page in the Duane Papers.

7For the continuation of Duane’s journal covering his meetings with Sullivan and Lowell, the Massachusetts agents who were not members of Congress, see LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 22: 58–60. For the subsequent proposals presented by Massachusetts and New York on 23 Dec. 1784 nominating commissioners or judges for settling the two states’ rival land claims, see LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 22: 83–84.

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