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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, SEPTEMBER 24, 1779
Congress took into consideration the resolutions reported from the committee of the whole, which were agreed to as follows:
Whereas, on the first day of June last, Congress, by a certain resolution, reciting "that whereas divers applications had been made to Congress on the part of the State of New York, and of the State of New Hampshire, relative to disturbances and animosities among inhabitants of a certain district known by the name of the New Hampshire Grants," praying their interference for quieting thereof, did resolve, "that a committee be appointed to repair to the New Hampshire Grants and enquire into the reasons why they refuse to continue citizens of the respective states which heretofore exercised jurisdiction over the said district; for that, as Congress are in duty bound, on the one hand, to preserve inviolate the rights of the several states, so, on the other, they will always be careful to provide that the justice due to the states does not interfere with the justice which may be due to individuals: that the said committee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all differences, and prevent divisions and animosities so prejudicial to the United States:" and did farther resolve, "that the farther consideration of this subject be postponed until the said committee shall have made report."
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And whereas it so happened that a majority of the committee appointed in pursuance of the afore-mentioned resolution, did not meet in the said district, and therefore have never executed the business committed to them, or made a regular report thereupon to Congress:
And whereas the animosities aforesaid have lately proceeded so far, and risen so high as to endanger the internal peace of the United States, which renders it indispensably necessary for Congress to interpose for the restoration of quiet and good order.
Ordered, That the said committee be discharged.
And whereas one of the great objects of the union of the United States of America is the mutual protection and security of their respective rights; and whereas it is of the last importance to the said union, that all causes of jealousy and discontent between the said states should be removed; and therefore that their several boundaries and jurisdictions be ascertained and settled: and whereas disputes at present subsist between the states of New Hampshire, Massachusetts Bay, and New York, on the one part, and the people of a district of country called New Hampshire Grants, on the other, which people deny the jurisdiction of each of the said states over the said district, and each of the said states claim the said district against each other as well as against the said people, as appertaining in the whole or in part to them respectively:
Resolved, unanimously, That it be, and hereby is, most earnestly recommended to the states of New Hampshire, Massachusetts Bay, and New York, forthwith to pass laws expressly authorizing Congress to hear and determine all differences between them relative to their respective boundaries, in the mode prescribed by the articles of confederation, so that Congress may proceed thereon by the first day of February next at the farthest: and further, that the said
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states of New Hampshire, Massachusetts Bay, and New York, do, by express laws for the purpose, refer to the decision of Congress all differences or disputes relative to jurisdiction, which they may respectively have with the people of the district aforesaid, so that Congress may proceed thereon on the said first day of February next, and also to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the several states aforesaid, with one another or with either of the said states, respecting title to lands lying in the said district, to be heard and determined in the mode prescribed for such cases by the articles of confederation aforesaid: and further, to provide that no advantage be taken of the non-performance of the conditions of any of the grants of the said lands, but that further reasonable time be allowed for fulfilling such conditions.
Resolved, unanimously, That Congress will, and hereby do, pledge their faith to carry into execution and support their decisions and determinations in the premises, in favour of whichsoever of the parties the same may be, to the end, that permanent concord and harmony may be established between them, and all cause of uneasiness removed.
Resolved, unanimously, That Congress will, on the said first day of February next, proceed, without delay, to hear and examine into the disputes and differences relative to jurisdiction aforesaid, between the said three states respectively, or such of them as shall pass the laws before-mentioned on the one part, and the people of the district aforesaid who claim to be a separate jurisdiction on the other; and, after a full and fair hearing, will decide and determine the same according to equity; and that neither of the said states shall vote on any question relative to the decision thereof. And Congress do hereby pledge their faith to execute and support their decisions and determinations in the premises.
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And whereas it is essential to the interest of the whole confederacy, that all intestine dissentions be carefully avoided, and domestic peace and good order maintained:
Resolved, unanimously, That it is the duty of the people of the district aforesaid, who deny the jurisdiction of all the afore-named states, to abstain in the mean time from exercising any power over any of the inhabitants of the said district who profess themselves to be citizens of, or to owe allegiance to, any or either of the said states' but that none of the towns, either on the east or west side of Connecticut river, be considered as included within the said district, but such as have heretofore actually joined in denying the jurisdiction of either of the said states, and have assumed a separate jurisdiction which they call the State of Vermont. And further, that in the opinion of Congress, the said three states aforenamed ought, in the mean time, to suspend executing their laws over any of the inhabitants of the said district, except such of them as shall profess allegiance to, and confess the jurisdiction of, the same respectively. And further, that Congress will consider any violences committed against the tenor, true intent and meaning of this resolution as a breach of the peace of the confederacy, which they are determined at every Hazard and with the whole Power of the United States to keep and maintain. and consequently must and will treat as open enemies all such of the People of the said District as shall violate the same. And to the end, that all such violences and breaches of the public peace may be the better avoided in the said district, it is hereby recommended to all the inhabitants thereof, to cultivate harmony and concord among themselves, to forbear vexing each other at law or otherwise, and to give as little occasion as possible to the interposition of magistrates.
Resolved, That the Commander in Chief be and hereby is authorized to provide that until the Decision of Congress in the Premises, the
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public Peace be kept in the said District according to the true Intent and Meaning of the above Resolution. And that all officers and soldiers in the service of the United States be particularly cautious not to interfere in any Disputes in the said District without express orders from Congress or the Commander in Chief.
Resolved, unanimously, That in the opinion of Congress, no unappropriated lands or estates which are or may be adjudged forfeited or confiscated, lying in the said district, ought, until the final decision of Congress in the premises, to be granted or sold.
Ordered, That copies of the aforegoing resolutions be sent by express to the states of New York, New Hampshire, and Massachusetts Bay, and to the people of the district aforesaid, and that they be respectively desired to lose no time in appointing their agent or agents and otherwise preparing for the hearings aforesaid.1
[Note 1: 1 These resolutions, in the writing of John Jay, are in the Papers of the Continental Congress No. 40, I, folios 289 and 292.]
The aforesaid resolutions being read over, and a question taken to agree to the whole,
Resolved, unanimously in the affirmative.
Congress resumed the consideration of the report of the committee on the letter of 23 August from General Washington, and the papers therein enclosed; Whereupon,
Resolved, That the thanks of Congress be given to his Excellency General Washington, for ordering, with so much wisdom, the late attack on the enemy's fort and works at Powles Hook.
Resolved, That the thanks of Congress be given to Major General Lord Stirling, for the judicious measures taken by him to forward the enterprize and to secure the retreat of the party.
Resolved, That the thanks of Congress be given to Major Lee, for the remarkable prudence, address and bravery displayed by him on the occasion; and that they approve the
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humanity shewn in circumstances prompting to severity, as honourable to the arms of the United States, and correspondent to the noble principles on which they were assumed.
Resolved, That Congress entertain a high sense of the discipline, fortitude and spirit manifested by the officers and soldiers under the command of Major Lee, in the march, action and retreat; and while with singular satisfaction they acknowledge the merit of these gallant men, they feel an additional pleasure by considering them as part of an army, in which very many brave officers and soldiers have proved, by their cheerful performance of every duty under every difficulty, that they ardently wish to give the truly glorious examples they now receive.
Resolved, That Congress commend the conduct of Major Clark, Captains Handy, Forsyth, Reed, McClean, Smith, Crump, Wilmot, Rejected Sept. 23 Bradford and Rudolph, and of Lieutenants Armstrong and Reed, who properly improved the several opportunities afforded them of serving their country, and acquiring Honor themselves.
Resolved, That Congress justly esteem the military caution so happily combined with daring activity by Lieutenants M'Callister and Rudolph, in leading on the forlorn hope.
Resolved, That a brevet of lieutenant colonel be given to Major Postponed Lee
Resolved, That a brevet and the pay and subsistance of captain be given to Lieutenant McCallister and to Lieutenant Rudolph.
Resolved, That the sum of two one hundred dollars for every prisoner be put into the hands of Major Lee, to be by him distributed among the Sergeants, Drums Rank File non-commissioned officers and soldiers &c. of his Detachment, in such manner as the Commander in Chief shall direct.1
[Note 1: 1 This report, in the writing of John Dickinson, is in the Papers of the Continental Congress, No. 19, VI, folio 269*. The first four paragraphs were agreed to on September 23.]
Resolved, That a medal of gold, emblematical of this affair, be struck, under the direction of the Board of Treasury, and presented to Major Lee.
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Resolved, That the brevet and the pay and subsistence of captain, be given to Lieutenant M'Callister and to Lieutenant Rudolph respectively.
A motion having been made, that the sum of one hundred dollars for every prisoner be put into the hands of Major Lee, to be by him distributed among the non-commissioned officers and soldiers of his detachment, in such manner as the Commander in Chief shall direct:
On the question to agree thereto, the yeas and nays being required by Mr. [John] Jay,
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So the states were equally divided, and the question lost.
On motion of Mr. [William] Atlee, seconded by Mr. [Henry] Laurens,
Resolved, That the sum of fifteen thousand dollars be put into the hands of Major Lee, to be by him distributed among
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the non-commissioned officers and soldiers of the detachment he commanded at the attack and surprise of Powles Hook, in such manner as the Commander in Chief shall direct.
A letter of Major Aug. des Epiniers was read, praying, as circumstances prevented his making use of the leave of absence which Congress were pleased to grant him in December last, that the same be now renewed:1 Whereupon,
[Note 1: 1 This letter is in the Papers of the Continental Congress, No. 78, VII, folio 261.]
Resolved, That Major Aug. des Epiniers have leave of absence for six months, to commence from the time of his leaving America.
On motion of Mr. [James] Mercer, seconded by Mr. [James] Forbes,
Resolved, That the pay and subsistence of captains be allowed to Lieutenants Gibbons and Knox, the officers who led on the forlorn hope in the late attack on Stoney Point, and also to Mr. Archer, the bearer of the general's letter and volunteer aid, to commence from the date of their respective commissions of brevets, voted by Congress the 26 day of July last.
A letter, of 18, from General Washington, was read:2
[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 152, VIII, folio 27.]
At a Board of War, September 19, 1779.
Present: Col. Pickering and Mr. Peters.
The Board beg leave to report,
That the Chevalier de Colombe who holds the rank of Captain in the service of the United States, has served in quality of Aid de Camp first to the Marquis de la Fayette, and the last campaign to the Baron de Kalb. That he has been three campaigns in America and has produced ample testimonies of his good conduct. He was left in America for public purposes by the Marquis, and was not fortunate enough to obtain promotion at the time the others of the Marquis's family received their brevets. He appears to be a worthy man and much in the confidence of the Marquis, who has wrote for him to return to France; previous to which he is desirous of receiving the Brevet of
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major, and requests Congress will put him on a footing with those Officers who received their promotion on their departure to France.
If Congress shall be of opinion that an exception to the Resolve as to granting of Brevets should be made in his case we take the liberty of reporting,
That Captain le Chevalier de Colerobe, having served with reputation in the armies of the United States for three Campaigns, receive the Brevet rank of Major, as a testimony of the good opinion Congress entertain of his Merit and Services.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 147. II, folio 481. It bears the following endorsement: "September, 24, 1779. A question taken on the resolution for granting a Brevet of Major to Capt Colombe, 8 ayes 3 Noes lost; the resolution of 20th February, 1779, requiring the votes of nine States."]
Congress proceeded in the consideration of foreign affairs, and some time being spent thereon,
Adjourned to 10 o'Clock to Morrow.
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