To John Jay from Peter Augustus Jay, 14 January 1809
From Peter Augustus Jay
New York 14 Jany. 1809
Dr. Papa
I have this instant recd. a letter from Judge Van Ness of which the following is a Copy— Your Affect. Son
P. A. J.
Albany 10 Jany. 1809
Dear Sir
I have taken the liberty to obtain from ^through^ you some important Information from your Father relative to the Construction of the ninth Article of the Treaty negociated by him with the British Government— There is a Difference of Opinion respecting it in a Case depending altogether on that Article of the treaty— It is said on the one hand that the provision in the treaty extends only to permit Aliens who have purchased lands by permission or under the Authority of our State Governments to sell or devise the same & in such Cases to transmit them to their heirs though Aliens by Descent.
On the other hand it is contended that the treaty not only embraces the Case above specified but that it equally validates all purchases made by Aliens without permission or authority from the state Governments.-
Will you do me the favor to get for me from your father his Ideas on this Subject and communicate them to me as soon as you conveniently can—I hope this Request may not be considered indelicate or improper. A Valuable property depends on that Question & that is my Apology for troubling your Father on the Subject—1 With Respect & Esteem I am Your Obt St.
W. W. Van Ness
P. A. Jay Esqr.
ALS, NNC (EJ: 06139). Addressed: “John Jay Esqr. / Bedford”. Endorsed: “… and—17 Jan. 1809 / ab[ou]t. 9th. art. british Treaty”. For JJ’s reply, see his letter of 17 Jan. 1809, below.
William W. Van Ness (1776–1823), of Claverack served as an associate justice on the New York State Supreme Court (1807–22). Prior to his time on the bench, Van Ness served in the New York State Assembly (1804–6).