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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, AUGUST 7, 1781
A memorial of Colonel James Livingston was read:
Ordered, That it be referred to the Board of War.
A memorial of Ryer Shermerhorn was read:
Ordered, That it be referred to the Board of Treasury.
Ordered, That the Board of War advance to Major Brahme such a sum as they judge necessary to enable him to leave town and proceed agreeably to the orders of his superior officer.
A report of the committee of the week was read; Whereupon,
Ordered, That a memorial of Jacob Schreiber; and
A petition of John Francis be referred to the Board of War.1
[Note 1: 1 This report, in the writing of James Duane, is in the Papers of the Continental Congress, No. 32, folio 211.
Livingston's memorial is in the Papers of the Continental Congress, No. 41, V, folio 234; Schermerhorn's memorial is in No. 42, VII, folio 107; Schreiber's memorial, dated August 6, 1781, is in No. 41, IX, folio 171; Francis's petition is in No. 42, III, folio 73.]
The committee, ∥consisting of Mr. Mathews, Mr. Varnum, Mr. Ellsworth, ∥ to whom were referred the letters of the 1st and 5 July, from the governor of New York, delivered in a report; Whereupon,
It appearing to Congress from the representation of Governor Clinton and other information, that commissions have been granted by the governor of the State of Connecticut, for the purpose of suppressing commerce from the enemy into that State, authorising the persons to whom those commissions are granted, among other things, to go on Long Island and other islands adjacent, and seize the goods and merchandize
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they should there find, the property of British subjects; and that the said commissions are attended with many abuses dangerous to the public, as well as distressing to citizens and friends of these United States, inhabiting the said islands, some of whom, under pretext of the powers contained in such commissions, have been plundered of their property, and otherwise evilly treated; and that the further continuance of the said commissions would impede the public service in that quarter; therefore,
Resolved, That the governor of the State of Connecticut be, and he is hereby, desired immediately to revoke the said commissions, by him granted, so far as they authorise the seizure of goods on Long Island, or other islands adjacent not being in elsewhere, on land not within the State of Connecticut.1
[Note 1: 1 This report, in the writing of Oliver Ellsworth, is in the Papers of the Continental Congress, No. 20, I, folio 381.]
The committee to whom was re-committed their report on the letter, of 20th June, from the president of New Hampshire, together with a motion relative to the subject, delivered in a report.
The committee to whom were referred the letter, of 24 May, from the legislature, and the letter, of 18 June, from the governor of Massachusetts, delivered in a report.
Congress took into consideration the report of the committee, ∥consisting of Mr. Sherman, Mr. McKean, Mr. Carroll, Mr. Varnum, Mr. Madison,∥ to whom was re-committed their report on the letter of 20 June, from the president of New Hampshire, together with a motion relative to the subject; and thereupon came to the following resolutions:
Whereas the states of New Hampshire and New York have submitted to Congress the decision of the disputes between them and the people inhabiting the New Hampshire Grants,
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on the west side of Connecticut river, called the State of Vermont, concerning their respective claims of jurisdiction over the said territory, and have been heard thereon; and whereas the people aforesaid claim and exercise the powers of a sovereign independent State, and have requested to be admitted into the federal union of the United States of America: in order thereto, and that they may have an opportunity to be heard in vindication of their said claim:1
[Note 1: 1 Another version of the preamble, without date, in the writing of Elias Boudinot, is in the Papers of the Continental Congress, No. 20, I, folio 17, and is as follows:
Whereas the people inhabiting a tract of Country bounded by the West bank of Connecticut River &c. &c. known by the name of Vermont have for a considerable time past claimed and exercised sovereign power and jurisdiction within the said tract of Country. And whereas the said tract of Country hath been formerly within the undoubted jurisdiction of the States of New Hampshire and New York by which States under the late Royal Agreement Government divers tracts of land have at different times previous to the above claim been granted to Citizens of each of Said States and ethers. And also whereas Congress taking the whole claims of all the above parties into serious consideration deliberation and considering the peculiar circumstances of the people inhabiting the said tract of land aforesaid and the present political necessities situation of these United States, and depending relying on the public spirit and firm attachment of the States of N. H. and N.Y. to this Union and their readiness to comply with every reasonable measure recommended by Congress for the good of the Union, in case their private property is fully secured, and other necessary and prudential terms firmly secured and agreed upon, do resolve that a Committee &c.]
Resolved, That a committee of five be appointed to confer with such person or persons as may be appointed by the legislature of said Vermont people residing on the New Hampshire Grants, on the west side of Connecticut river, or by their representative body, respecting their claim to be an independent State, and on what terms it may be proper to admit them into the federal union of these states, in case the United States in Congress assembled shall determine to recognize their independence, and thereof make report:
And it is hereby recommended to the legislature of the said State of Vermont people of the territory aforesaid, or their representative body, to appoint an agent or agents to repair
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immediately to Philadelphia, with full powers and instructions to confer with the said committee on the matters aforesaid, and on behalf of the said people of Vermont, to agree upon and ratify terms and articles of union and confederation with the United States of America, in case they shall be admitted into the union; and the said committee are hereby instructed to give notice to the agents of the states of New Hampshire and New York, to be present at the conference aforesaid.1
[Note 1: 1 This report, in the writing of Roger Sherman, is in the Papers of the Continental Congress, No. 20, I, folio 11.]
The United States in Congress assembled convinced from long experience of the zealous exertions of New Hampshire and New York, that as they have already sacrificed much to the American cause, they will not suffer it even to languish through their means, and taking into consideration that a certain District called Vermont boundedis claimed by each of them in right of soil and government; that the inhabitants thereof oppose the demands of both, protesting,
That Vermont hath ever been-without the just limits of New Hampshire and New York, neither having at any time was formerly holden by New Hampshire not by charter but by the pleasure only of his Britannick Majesty:
That a Royal adjudication on the 20th day of July 1764 superseded the pretensions of New Hampshire in favor of New York, and was assented to on the part of the former.
That New York having regranted the lands in Vermont by virtue of such adjudication in prejudice of the settlers thereon under New Hampshire and Massachusetts Bay, their remonstrances against a political association with New York produced on the 24th day of July 1767 a prohibition from the Court of Saint James to any further grants by New York.
That they continued to remonstrate but nothing was finally decided at the æra of the American revolution until which event they had never submitted to New York, having always governed themselves by Committees and Conventions and that since that æra,
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they have persisted in self-government and opposition to New York; that the Legislature of Massachusetts Bay hath relinquished whatsoever right that State may have to Vermont upon condition that a like relinquishment be made by New Hampshire and New York.
And that the interests of independence, altho' the facts and doctrines urged by Vermont have in various manners been controverted by New Hampshire and New York, would acquire fresh energy by such their adoption of similar measures.
Resolved, That it be recommended to the Legislatures of the States of New Hampshire and New York respectively to declare the Inhabitants of the district called Vermont bounded as aforesaid unamesnable to any jurisdiction erected under their authority and to renounce all territorial pretensions claims thereto, but to refer to Congress to determine on what terms this concession shall take effect.
Resolved, That in case Congress shall recognize the independence of the said people of Vermont, they will consider all the lands belonging to New Hampshire and New York, respectively, without the limits of Vermont aforesaid, as coming within the mutual guaranty of territory contained in the Articles of Confederation; and that the United States will accordingly guarantee such lands, and the jurisdiction over the same, against any claims or encroachments from the inhabitants of Vermont or any other person or persons aforesaid.1
[Note 1: 1 This report, in the writing of Edmund Randolph and undated, is in the Papers of the Continental Congress, No. 20, I, folio 15.]
A letter, of 7, from E. Blaine, was read:
Ordered, That it be referred to the committee to whom was referred his letter of 20 July.
A letter, of 6, from Tho Forrest, lieutenant colonel of 4th regiment of artillery, was read:
Ordered, That so much thereof as relates to pay be referred to the Board of War; and that Lieutenant Colonel Forrest be informed his application for leave to resign ought to be made in the first instance to the Commander in Chief.
[Adjourned to 10 o'Clock to Morrow.]
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