Letters of Delegates to Congress: Volume 24
Nathan Dane to Caleb Davis

Sir,

New York

June the 12th 1787.

I had the honor of receiving the Secretary's letter of the 25th Ulto. accompanied with an extract from the Honble. Mr Sedgwick's letter of the 17th Ulto. both relative to the late conduct of the rebels, who have fled from Massachusetts into this State; and the former requesting the Delegates to communicate to his Excellency Governor Clinton the extracts of Mr. Sedgwick's letter. As my Colleagues were at Philadelphia, I immediately made that communication, and had some convirsation with Governor Clinton on the subject of it. I have since seen him and the Attorney General together on the same subject. They appeared to be clearly of opinion, that the laws of this State, take cognizance of the offences of those rebels, who, in armed parties, or in a hostile manner, make incursions into Massachusetts, or bring from that Commonwealth its Inhabitants, or their effects into this State, in the lawless manner mentioned, and amply to provide for the punishment of those offences; as also for the punishment of the Citizens of this State, who conceal, aid or encourage those incursions or hostile proceedings.(1) They appeared also to be fully impressed with a sense of the pernicious consequences of suffering men who seem to possess but imperfect ideas of the true principles, blessings and sacred rights of society, by time to acquire and Strengthen habits so hostile and injurious to order and good government.

They assured me, the Ascertainment of facts only was wanting to this Government's taking prompt and effectual measures to prevent the further progress of the evils and crimes complained of. The rebels have connexions in this State, and no doubt, friends who conceal, protect and countenance them; but they are supposed to be so dispersed about in private families, and they, and their friends, so far concealed, that no military force, at present, can be brought to act, to any valuable purpose against them. The best measures, therefore to be adopted, are supposed to be, those of decidedly carrying the laws of this State into execution, and to direct the Courts of law, Magistrates, Jurors, &c. as early as may be to ascertain facts, so as to form particular charges against individuals among the rebels and their abettors, guilty of the offences before mentioned, and to prosecute them without delay. Directions, I understand, were sometime since, given to this purpose, and will be further urged immediately. Information received from that part of the Country, upon examination, is often found to be erroneous, and for want of particular information of offences committed by known individuals, those Courts and Officers cannot, it seems, proceed effectually to punish them. Tho well disposed, there is, perhaps, in this, as in all, especially elective Governments popular or timid feelings in many Officers, that induce them to be less prompt in executing the laws against offenders in Cases like the present. As soon as charges can be fixed on individuals, they will, I am assured, be arrested, this must reduce the offenders to order and due obedience to Government, or force them to collect together; if the latter the magistrates have been assured of having a sufficient force immediately collected and ordered out to subdue opposition. The Government of this State appears to be disposed, to co-operate with the Government of Massachusetts on the present Occasion, and any evidence of facts, it was observed, tending to fix the crimes complained of, and cognizable by the laws of this State, upon the proper individuals, should receive every degree of Attention. Perhaps, officers and individuals in Massa. acquainted with the characters and particular crimes of these armed parties can furnish evidence of certain facts, So as to expedite the operation of the laws of this State. I conceive it is understood as well by this State, as by Massachusetts, that all the crimes committed in this State are punishable by those laws, and that the perpetrators of crimes in Massachusetts, fleeing to this State, when charged and demanded on the principles of the Confederation, must be taken up by this State and conveyed to that. The Governor of this State has ample powers in the present Case---;and I feel Strongly impressed with this beleif, that every Government in the union must highly resent the conduct of armed parties, not only become open Enemies to the governments lately established by their's and the common consent of the people, but also mere robbers. Nor does it fail to excite the attention of those Governments to see men collected and armed against them, and attempting to give law in an extensive and Strong Country---;men well known to pay but little respect to rights and obligations, religious or civil, whose armed connexions seem to form their hopes and importance, & who may become very troublesome to the other parts of the Confederacy, if not early brought back to their duty.

With the Greatest Esteem and respect, I am your affect freind & Most Obedt. hum. servant, Nathn. Dane

P.S. Conceiving that Governor Clinton has made lately official Communications to our Governor on this subject and given him all the information useful or important on it, in answer to our Governor's letter &c in my letter to Gov. Hancock(2) I have only mentioned that I made the communications requested, &c but lest the Case may be otherwise, I have thought it best to state to you and two or three friends in private letters these facts and any measures proper may be taken.

RC (MHi: Davis Papers).
1 For the efforts of Massachusetts officials to enlist the support of New York against the Shaysite fugitives who had fled the state, see Massachusetts Delegates to James Bowdoin, March 4, 1787; and Bowdoin and Temple Papers (MHS Colls.), pp. 171--;72, 186--;87.
2 See the following entry.

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