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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 --TUESDAY, MAY 23, 1780
Congress took into consideration the report of the Medical Committee, to whom was referred the letter from Governor Trumbull, of the 1st. inst.; and thereupon,
Resolved, That the director general, or in his absence, deputy director general, of the hospitals in the eastern district, be and he is hereby directed to hire a suitable house at or near the port of New London, in the State of Connecticut, for the reception of such sick American prisoners as shall, from time to time, be exchanged and landed in that neighbourhood; and that one senior surgeon or physician, and a suitable number of mates, be occasionally employed therein, as the number of sick shall increase or diminish.3
[Note 3: 3 This report, in the writing of Frederick A. Muhlenberg, is in the Papers of the Continental Congress, No. 22, folio 87.]
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Resolved, That the order of the day for taking into consideration the letter, of 16th instant, from the committee at headquarters, be postponed.
Mr. [William Churchill] Houston nominated Mr. Edward Fox for the office of commissioner of the chamber of accounts.
Agreeable to order, Congress took into consideration the following resolutions relative to the New Hampshire grant and the same being read, moved Mr. [John Morin] Scott, viz.
"Whereas Congress in and by certain resolutions, of the 24th day of September last, did, among other things, unanimously resolve to proceed on the first day of February then next without delay, to hear and examine into the disputes and differences relative to jurisdiction between the States of New Hampshire, Massachusetts bay and New York, respectively, or such of them who should pass laws for the purpose, on the one part, and the people of a certain district of country, commonly called the New Hampshire Grants, who claim to be a separate jurisdiction on the other; and after a full and fair hearing to decide and determine the same, according to equity; and Congress did thereby pledge their faith to execute and support their decisions and determinations in the premises; and did thereby also unanimously resolve that it was the duty of the people of the district aforesaid to abstain in the meantime from exercising any power over any of the inhabitants of the said district, who profess themselves to be citizens of, or owe allegiance to any, or either of the said states; and also that in the mean time the said three states ought, in the opinion of Congress, to suspend executing their laws over any of the inhabitants of the said district, except such of them as profess allegiance to, and confess the jurisdiction of the same, respectively. And further, that Congress would consider any violences committed against the tenor, true intent and meaning of the said resolution, as a breach of
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the peace of the Confederacy, which they were determined to keep and maintain. And whereas, Congress did thereby further unanimously resolve that, in their opinion, no unappropriated lands, or estates, which were, or might 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;
"And whereas, those of the people of the said district who assume to be a separate and independent State, by the stile and title of the State of Vermont, and to exercise a separate jurisdiction over the said district of country, independent of the States of New Hampshire, Massachusetts Bay and New York, having due notice of the said resolutionsof Congress, did in general assembly by them assumed to be held at Manchester, within the said district, on the 20th day of October last, resolve to support their right to independence at Congress and to the world, in the character of a free and independent state, and did then and there also in direct contradiction to the said resolutions of Congress, resolve to make grants of all, or any part of the unappropriated lands within their jurisdiction, that did should not interfere with any former grants.
"And whereas, altho' the said States of New Hampshire and New York, respectively, did before the said first day of February last, pass such laws, as aforesaid, and by their agent and delegate in Congress have ever since that day been and, declared themselves ready to support their respective rights in the premises before Congress; and the people of the said district have by their agents refused to submit their claim of independence to the decision of Congress; and in defiance of the resolutions aforesaid, have proceeded to grant such lands as aforesaid, and others by them deemed confiscated, and in divers instances exercised civil and military authority over the persons and estates of certain inhabitants within the said
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district who profess themselves to be citizens of, and to owe allegiance to the said State of New York.
"And whereas Congress for these and other reasons, convinced of the necessity of bringing the said controversy concerning the premises to a full and fair hearing, examination, decision and determination, from which they have hitherto been prevented, for want of the actual representation in Congress of a sufficient number of states not interested in the said controversy, did, on the 17th instant, order that the President write to the executives of the states of Delaware and Maryland (being the two states now actually unrepresented in Congress) to send forward immediately, and to keep up a representation in Congress, as matters of the highest importance are now before them, On the consideration of all and singular the premises,
"Resolved, Therefore, That the people inhabiting within the said district of country have in the aforesaid acts and transactions been, and by the perpetration of similar acts and transactions, or any others, contrary to the tenor, true intent and meaning of the above in part recited resolutions of Congress, will be guilty of a breach of the peace of the Confederacy of the United States of North America.
"Resolved, That these United States are bound to protect every of the said states in the full enjoyment of their rights and property against every usurpation or invasion whatsoever.
"Resolved, That in any future determination of the controversy in the premises by Congress concerning the property of soil within the said district by any other persons in the mode prescribed by such other parts of the said resolutions as are not herein above recited, all grants of land by the assumed government or authority of the people of the said district; and also all grants of land by the respective governments of the States of New Hampshire, Massachusetts Bay
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and New York, posterior to the said resolutions of Congress of the 24th day of September last, for any lands within the said district and prior to such determination as aforesaid, ought to be deemed, esteemed, taken and adjudged to be absolutely null and void.
"Resolved, That Congress will as soon as a sufficient number of these United States uninterested in the said controversy, to be determined by Congress, shall be actually represented, take up the same as the order of the day, and will proceed without delay to hear, examine and finally decide and determine the same, and will, pursuant to their said former resolutions, execute and support such their decision and determination."1
[Note 1: 1 These resolutions and the preamble, in the writing of John Morin Scott, are in the Papers of the Continental Congress, No. 40, I, folio 333.]
A motion was made by Mr. [William] Ellery, seconded by Mr. [Samuel] Holten, that the same be postponed.
And on the question for postponing, the yeas and nays were required by Mr. [John Morin] Scott,
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So it passed in the affirmative.
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A motion was then made by Mr. [Thomas] Burke, seconded by Mr. A[llen] Jones, in the words following, viz. "That the lands contained within the limits of the United States are, and of right ought to be under the jurisdiction of some one or other of the thirteen United States, and of no other power, and are and of right ought to be under the foederal protection of the United States; and that the United States in Congress assembled are bound to employ the common forces and common powers in support of the jurisdiction of any of the said states, whenever the same shall be invaded or infringed."1
[Note 1: 1 This motion, in the writing of Thomas Burke, is in the Papers of the Continental Congress, No. 36, I, folio 79a.]
It was moved by Mr. [John] Fell, seconded by Mr. [William Churchill] Houston, to refer the above motion to a committee of three.
And on the question for referring, the yeas and nays were required by Mr. [William] Ellery,
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So it was resolved in the affirmative.
The members chosen, Mr. [William Churchill] Houston, Mr. [James] Henry and Mr. [Thomas] Burke.
Mr. [John Morin] Scott, a delegate from the State of New York, laid before Congress an affidavit of Jonathan Hunt, of
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Hinsdale, purporting "that he had been credibly informed and verily believes that the assumed government of the New Hampshire Grants, called Vermont, intends immediately after the first of June next to put their laws in execution over the persons and estates of the inhabitants of the said grants, and to exact from them an oath of allegiance to their pretended State", &c; Whereupon,1
[Note 1: 1 This affidavit is in the Papers of the Continental Congress, No. 40, I, folio 337.]
Ordered, That the affidavit, together with the copy of a letter to his Excellency Governor Clinton, dated Brattlesborough, 2d May, 1780, and signed "By order of the committee from eleven towns, Samuel Minott, chairman," be referred to the above committee, and that they make report to morrow.
On the question for referring the above papers, the yeas and nays were required by Mr. [William] Ellery,
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So it passed in the affirmative.
The Committee of Foreign Affairs delivered in a report.
Adjourned to 10 o'Clock to Morrow.
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