John Jay Papers
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From John Jay to Thomas Mifflin, 6 September 1796

To Thomas Mifflin

New York 6th September 1796

Sir

I have been favored with your Excellency’s Letter of 27th July containing a number of Papers respecting certain Intruders on the Lands of Pennsylvania, and intimating a wish that such measures may be taken as our Law should warrant to restrain and punish their assembling in or retreating to this State — I should have written to you sooner but waited for the Result of certain Enquiries which were making in those Quarters.1

The union of the States has introduced Relations between each of them far more intimate and diversified, than those which exist between distinct nations. Hence has been produced a State of things not contemplated in all its Combinations, by the Law of Nations or by the Common Law, nor does this subject appear to me to have been as yet minutely attended to, nor ^or^ provided for either by our National Legislature or by the Legislatures of the different States.

The union having occasioned new relative Duties and Interests between its members, considered even in their separate & individual capacities, new Laws are necessary to define and enforce the performance of those duties— The Case stated in your Letter appears to belong to this Class, and there is Reason to doubt whether the law of this State as it now stands can take Cognizance of it, especially if the Persons alluded to conduct themselves with caution— But these however are Questions which it is not within my Department to express any opinion upon. I nevertheless assure you with great Truth, that I shall always be ready to do whatever may properly depend upon me, on any occasion that may occur, to restrain and punish those who attempt to disturb the Peace or violate the Rights of any ^of^ the other States.

I expect that our Attorney General will return to Town in about Ten Days— If you think it proper, I will put these papers into his hands, with directions to do whatever may be proper on the subject of them— I mention this because as you communicated them to me in Confidence, I feel a Hesitation about making this or any other use of them without your permission. I have the Honor to be with great Respect your Excellency’s most obedient and humble Servant,

John Jay

His Excellency Thomas Mifflin Esqr. Governor of the State of Pennsylvania

LS, NNGL (EJ: 90535). Endorsed: “1796 6th. September: From / His Excellency / John Jay Esqr. / Governor of the State of / New York in answer to / Govr. Mifflins Letter respecting / Intrusions on Penna: Land by / Connecticut Claimants”. LbkC, N: Governor’s Lbk. 1 (EJ: 03036).

1Letter not found. Mifflin’s endorsement of JJ’s letter indicates that his letter referred to his concerns over residents of Connecticut who claimed title (and disputed title held by settlers from Pennsylvania and New York) for land in the “Connecticut Gore,” the territory on the New York-Pennsylvania border.

The controversy over these lands arose due to a title dispute between New York and Connecticut over a strip of land in what is now Steuben County, N.Y. The land, 8 miles wide (northsouth) and 240 miles long (east-west) was above the New York-Pennsylvania line and below the Massachusetts-Connecticut line (if extended). Connecticut claimed title to this land, like the Western Reserve, under its 1662 “sea-to-sea” charter. Settlers from New York, Pennsylvania, and Connecticut settled in the area. In 1795, Connecticut sold the Gore to Jeremiah Halsey and Andrew Ward, in exchange for the duo finishing the new state house in Hartford. Halsey and Ward formed the Connecticut Gore Land Company and began granting titles to settlers. On 8 Feb. 1796, JJ wrote to the New York State Senate that “certain persons under pretence of title from a neighbouring state… were by improper practices endeavouring to draw into question the jurisdiction, and to excite opposition to the lawful authority of this state over this tract.” JJ directed the state attorney general, Josiah Ogden Hoffman, to investigate, and he presented those papers to the legislature. In response, the legislature issued a resolution to protect New York’s claims. However, the Gore Company upon hearing this, preempted New York’s action by bringing their own ejectments against the New York claimants in U.S. Circuit Court for the District of Connecticut, arguing that the land in question was under Connecticut’s jurisdiction. Justice Cushing presided, with the Connecticut claimants represented by James Sullivan and Theophilus Parsons. The New York defendants were represented by Hoffman and AH. Indeed, the legal case of the New Yorkers was entirely directed and paid for by New York State. Concurrently, New York and Connecticut attempted to resolve the matter out of court. Matters of borders and of legal jurisdiction, state and federal, were clearly the larger issues at stake in this dispute. Eventually, after much negotiation and a separate suit between the two states before the Supreme Court, Connecticut ceded claim to the Gore in exchange for the Western Reserve lands (now northeastern Ohio). DHSC description begins Maeva Marcus et al., eds., The Documentary History of the Supreme Court of the United States, 1789–1800 (8 vols.; New York, 1985–2007) description ends , 8: 178–270 and LPAH description begins Julius Goebel Jr. and Joseph Smith, et al., eds., The Law Practice of Alexander Hamilton (5 vols.; New York: 1964–81) description ends , 1: 657–73; N.Y. Senate Journal, 19th sess. (1796) description begins [New York State], Journal of the Senate of the state of New-York. At their nineteenth session, begun and held at the City-Hall, of the city of New-York, on Wednesday, the sixth of January, one thousand seven hundred and ninety-six (New York, 1796; Early Am. Imprints, series 1, no. 30871) description ends , 34, 44, 45, 50–51, 68. See Josiah Ogden Hoffman to JJ, 14 Dec. 1797, below; JJ to Jonathan Trumbull Jr., 4 Dec. 1799, Dft, NNC (EJ: 08998); and JJ’s Address to the New York State Legislature, 28 Jan. 1800, ADS, PHi: Gratz (EJ: 01135); PtD, New-York Gazette, 3 Feb.; Argus, Greenleaf’s New Daily Advertiser and Spectator (both New York), 5 Feb.; Massachusetts Mercury (Boston), 7 Feb.; Newburyport Herald, 7 Feb.; Greenleaf’s New York Journal, 8 Feb.; Universal Gazette (Philadelphia), 13 Feb. 1800; N.Y. Assembly Journal, 23rd sess. (1800) description begins [New York State], Journal of the Assembly of the state of New-York; at their twenty-third session, began and held at the city of Albany, the twenty-eighth day of January, 1800 (Albany, [1800]; Early Am. Imprints, series 1, no. 38084) description ends [28 Jan. 1800], 5–7; N.Y. Senate Journal, 23rd sess. (1800) description begins [New York State], Journal of the Senate of the state of New-York; at their twenty-third session, began and held at the city of Albany, the twenty-eighth day of January, 1800 (Albany, [1799]; Early Am. Imprints, series 1, 38085) description ends [28 Jan. 1800], 4–6; NYGM description begins State of New York, Messages from the Governors comprising Executive Communications to the Legislature and other Papers relating to Legislation from the Organization of the First Colonial Assembly in 1683 to and including the Year 1906 vol. 2 1777–1822 (Albany, 1909) description ends , 2: 448–54.

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