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Jay asked then the chancellor and the justices of the New York Supreme Court for their opinion, but they refused to give it, claiming that to give opinions was outside the scope of their constitutional duties.
Maynard died on August 28, 1832, of cholera while preparing in New York City to attend the session of the Court for the Correction of Errors (then the highest court in the State, composed of the Chancellor, the Supreme Court justices and the State Senate); and was buried at the Hamilton College Cemetery in Clinton, NY.