From John Jay to Richard Peters, 11 September 1799
To Richard Peters
Albany 11 Sepr. 1799
Dear Sir
I have been favd. with your’s of the 23 Ult:1 and have conversed fully with the Comptroller2 on the Subject of the Claim of the State to quit Rent on your Land;3 and on the Reasons why you should be considered as a bona fide purchasor of the State, and therefore not liable to pay it.4 From his Statement it would seem that the State did no more relative to the Land than aid you in obtaining the Object of your Judgmt., and under that view of the Case, the Comptroller doubts whether the State ought in Equity and Fairness to be considered as having lost its Right to the Quit Rent. He has concluded to state the whole Matter to the Judge of the Exchequer (whose order is necessary to a Sale of the Land) and should he be of opinion that no quit Rent
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Richard Peters, by Ph. B. Wallace, c. 1800. (University Archives and Records Center, University of Pennsylvania) |
is due from you, no further proceedings will of Course be had. The 18th. of October next is appointed for this hearing before the Judge, at this place;5 and you will consider whether it may not be adviseable for you either to attend in person, or employ Counsel to manage the Business on your part— I am with great Esteem and Regard Dear Sir, Your most obt. Servt.
John Jay
The Honb. Richd. Peters Esqr
ALS, PHi: Peters (EJ: 01152). Addressed: “The Hon’ble Richd. Peters Esqr. / Judge of the United States for / Pennsylvania District. / Belmont—near / Bill Smiths Corner / Philadelphia”. Stamped: “ALBANY SEP”. Note: “17 / 21 / Thomas”. Endorsed: “… Belvidere Qt Rents”.
2. Samuel Jones.
3. The practice of collecting quitrent—a small annual payment from landowners—originated in New York during the colonial era and continued into the postrevolutionary period. For the origins and early practices associated with quitrent, see Beverly W. Bond, The Quit-Rent System in the American Colonies (New Haven, Conn., 1919).
4. RP sought JJ’s assistance with ending the practice of quitrent on a tract known as the Belvedere Patent, located in Cherry Valley in Otsego County.
5. Several quitrent cases were on the docket of the court of exchequer that convened in Albany on 18 Oct. 1799. Jacob Radcliff (Radclift, Radcliffe), a puisne justice of New York’s supreme court of judicature, presided over the proceedings. Albany Centinel, 10 Sept. 1799.
In his opening address before the New York State Legislature in January 1798, JJ urged lawmakers to reform existing laws concerning quitrent. Legislators responded by passing two bills during their session in support of this measure. Address to the New York State Legislature, 2 Jan. 1798, , 6: 608, and 610n5; “An ACT concerning Quit-Rents,” [16 Mar. 1798], and “An ACT to exonerate certain persons from paying arrears of quit-rent,” [5 Apr. 1798], N.Y. State Laws, 21st sess. (January 1798), 507, 511–13. Lawmakers passed an additional bill in 1800 for the purpose of providing relief to those who paid quitrent. “An ACT to revive the act entitled ‘An act to Exonerate certain persons from paying arrears of Quit-Rent,’ passed April 5th, 1798, and to extend the time for the settlement of Land,” [28 Feb. 1800], N.Y. State Laws, 23rd sess. (1800), 15–16.