The Works of Thomas Jefferson: Volume 3, Correspondence and Papers 1780 – 1782 – Paul Leicester Ford, Thomas Jefferson
The political theories and usages originated or adopted by Thomas Jefferson have shown such persistence and permanence in their value to our people and government as to demonstrate a far deeper and broader principle underlying them than is always recognized. In popular estimation, Jefferson stands as the founder of the Democratic party, and the developer of the theory of State Rights; and on these foundations are based the so called “Jeffersonian principles,” and the respect and acceptance, as well as the criticism and contravention, accorded to them. To meet the need of an edition of the writings of Thomas Jefferson, that embraces all his lifetime, this work has been undertaken. Not content with relying upon the Jefferson MSS. in the Department of State, from which, substantially, the former editions were compiled, the present editor, while making full use of the records of the Department, has obtained many interesting documents from the papers of Jefferson still in the hands of his descendants; the papers of the Continental Congress; the archives of the State of Virginia; the files of the French Foreign Office; the private papers of Washington, Adams, Madison, Monroe, Steuben, and Gates; as well as from many state archives, historical societies, and private collections throughout the country. This is volume three out of twelve, covering the years 1780 to 1782.
The Works of Thomas Jefferson: Volume 3, Correspondence and Papers 1780 – 1782.
Format: eBook.
The Works of Thomas Jefferson: Volume 3, Correspondence and Papers 1780 – 1782.
ISBN: 9783849653880.
Excerpt from the text:
Wmsburg, Feb. 9, 1780Sir,—
Your Excellency’s letter enclosing that of Mr. Scott to President Reed, and the President’s to the Delegates of Pennsylvania in Congress, together with the resolutions of your honorable body recommending to both States to forbear granting lands within their disputed territory came safely to hand. I immediately availed myself of an opportunity, which occurred at that time, to Pittsburg, of taking measures to prevent any disorders on the part of our people, having had no other information on the subject than what was communicated in the letters before mentioned. I am uninformed whether any actual breach of the peace has taken place. As Mr. Scott however mentions nothing but the proceedings of the Commissioners for settling disputed titles under this Commonwealth, I rather hope that that is the only act which has been the subject of uneasiness. Our assembly finding that, in defiance of their endeavours to discourage and prevent the settling our Western Country, people were removing thither in great numbers, appropriating lands of their own authority, and meditating to hold them by force, after propositions, made and rejected at several sessions, for legalizing those settlements, at length found it necessary to give way to the torrent, and by their act of May 1779 to establish a land office. The irregular claims and settlements which in the mean time had covered that Country were become so extensive that no prudent man could venture to locate a new claim, and so numerous that in the common administration of justice it would have engrossed the whole time of our ordinary courts for many years to have adjusted them. So multifarious were they, at the same time, that no established principles of law or equity could be applied for their determination; many of them being built on customs & habits which had grown up in that Country, being founded on modes of transmission peculiar to themselves, and which, having entered almost into every title, could not be absolutely neglected. This impressed on the minds of the assembly the necessity of sending special Commissioners to settle, on the spot, & without delay, those various claims, which being once cleared away would leave the residuary Country open to the acquisition of other adventurers. The Western Counties were accordingly laid off into Districts for this purpose, and the arrangement being general, included the territory on the Waters of the Ohio claimed by the State of Pennsylvania. Whether the Assembly did not advert to this circumstance, or took for granted that the Commissioners would never consider a law of this State as meant to be applied to those who professed themselves the Citizens of another, & had been freely admitted so to profess themselves by our Government, or whether they relied that the term of one year, within which they provided that no grant should issue on any judgment of the Commissioners would give them time for the settlement of our disputed territory, or at least to provide for the peace of their Citizens within it, is not within my province or power to say. This however I can say, that from an intimate knowledge of their cordial desire to settle this claim with them amicably, no motive, inconsistent with that, entered into the transaction. In fact the execution of this Commission, guarded as its effects are by a twelve monts [sic] delay of the grants, appears to be as peaceable & inoffensive as the mission of so many astronomers to take the longitude or latitude of the several farms. There is indeed a clause in the act of Assembly which might, on first view, be thought to leave an opening for the introduction of force. It is that which sais [sic] that judgment be rendered, if posses be forcibly detained by the party against whom it is, restitution may be made by the Commissioners or by any justice in like manner as might be done in the case of lands holden by grant actually issued: a Clause very necessary in our other Western Country; but not at all applicable to that part of it claimed by the State of Pennsylvania. By the laws of this Commonwealth (the same in this instance with the English law) even in the case of lands holden under actual grant, no restitution can be made after three years peaceable possession, a term much shorter than that of any bona fide possessions in the disputed territory. The latest of these must be of six or seven years continuance, the present dispute having so long subsisted. The expediency & necessity therefore of the general measure of establishing this temporary Court, I doubt not but Congress will perceive, and tho’ it is to be wished that the disputed territory had been exempted from this jurisdiction, in order to avoid everything which might give jealousy or uneasiness to a Sister State, or which might lead them into an apprehension that we meant to do any act which sh’d wound the amity between us; yet I hope when Congress contemplates it’s effects, they will be sensible that it only amounts to a settlement on paper of the rights of individuals derived from this State and that no mans possession or quiet can be disturbed in consequence of any proceedings under it, until our Legislature which meets in May next shall have had time to settle finally with them this unfortunate dispute, or otherwise to provide against the evils they have apprehended. On my part nothing has been, or shall be omitted for preservation of the peace of that country. Besides the injunctions which, as far as the laws would authorize, I have urged to those the exercise of whose offices might lead to any thing disagreeable, or whose personal character and influence might aid in the preservation of peace, I shall avail myself of such other measures as may tend to the same object. The law having admitted grants to be sued out in cases where there were no contending claims of individuals, I inquired at the proper office whether, previous to the receipt of the resolutions of Congress, any such might have issued for land in the Counties of Yohogania, Monongahela & Ohio, they being the Counties part of which are claimed by the State of Pennsylvania. I found that eight such had issued, under what particular circumstances they are I am not able to discover. I am happy however that the law has left it in my power to comply with the recommendations of Congress, by withholding my signature from any other grants within those Counties, which I shall strictly do, and rest its approbation on the general Assembly and the motives which led to it.
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