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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 --MONDAY, JANUARY 28, 1782.

Journals of the Continental Congress, 1774-1789
MONDAY, JANUARY 28, 1782.

Mr. T[homas] Rodney and Mr. [Thomas] McKean, delegates for the state of Delaware, attended, and took their seats.

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The committee, consisting of Mr. J[oseph] Jones, Mr. [Elias] Boudinot, Mr. [Ezekiel] Cornell, to whom was referred a letter of 14 instant from E. Hazard, inspector of dead letters, accompanied with two letters directed to Arthur Lee, esq. made report; Whereupon,

The Committee to whom were referred part of the letter of Eben. Hazard of the 14th of this month respecting dead letters, with the inclosures report,

That it appears to your Committee the packet of letters directed to Arthur Lee Esq. was advertised agreeably to the rules of the Post office by Peter Baynton Comptroller, in the Pensylvania Packet of October the 11th 1781. That Mr Lee previous to the advertisement was informed of the said letter, and refused to pay the postage saying, "he imagined it was a duplicate of what he had already received."

That the Comptroller aforesaid did on the 14[th] of this month deliver the said Packet, as a dead letter to Eben. Hazard for his inspection. Whereupon the Committee are of opinion,

Resolved, That Ebenezer Hazard, in transmitting the packet of letters directed to Arthur Lee, esq. to the President of Congress, for the information of this body, hath done his duty:

Ordered, That the said packet be referred to the Superintendant of finance.¹

[Note 1: 1 This report, in the writing of Joseph Jones, is in the Papers of the Continental Congress, No. 19, III, folio 77.]

A report of a committee, consisting of Mr. [Edmund] Randolph, Mr. [Elias] Boudinot, and Mr. [Arthur] Middleton, was taken into consideration; Whereupon,

In order that the President may be relieved from that load of the business with which he is unnecessarily incumbered, that the officers at the head of the several boards executive departments lately established, may be enabled to execute the duties required of them, and that business may be conducted with regularity and despatch,

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Resolved, That it shall be the business of the Secretary--

• 1st. To transmit to the Superintendant of finance, all papers referred to him by Congress; as well as an authenticated copy of every act, ordinance and resolution of Congress touching the finances of the United States and particularly of those which relate to supplies, the expenditure of public money or the settlement of public accounts: to the Secretary at War, all papers referred to him by Congress; as well as an authenticated copy of every act, ordinance and resolution touching his department and particularly of those which relate to military preparations or the land forces of the United States and: to the Secretary or agent of marine, or to the person entrusted with the duties of the office of Secretary or agent of marine, all papers referred to him by Congress; as well as an authenticated copy of every act, ordinance or and resolution touching his department and particularly those which relate to naval preparations and maritime matters: and to the Secretary for foreign affairs, all papers referred to him by Congress; as well as an authenticated copy of every act, ordinance and resolution of Congress touching his department and particularly of those which relate to the intercourse between the U. S. and foreign nations or which it may be necessary to communicate to the Ministers of these United States at foreign courts.
• 2d. To return such answers as Congress shall direct to be given to the memorials petitions and communications: To keep a daily register account of all memorials, petitions and communications received by Congress, noting therein their object and the steps taken respecting them; and lay the said account or register every day, on the table of Congress for the inspection of the members.
• 3. To return such answers as Congress shall direct to be given to the memorials, petitions and communications, except where Congress shall judge it proper that the same

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  be given by their President, or where it shall be the duty of any of the executive departments to return such answers:

• 4th. To attend Congress during their sessions, and, in their recess, to attend the committee of the states, to read the public despatches, acts, ordinances and reports of committees, and to make the proper entries in the journals; to authenticate all acts and proceedings not specially directed to be authenticated by their President; and to keep a register of all treaties, conventions and ordinances:
• 5th. To cause to be made and laid upon the table for every State represented in Congress, a copy of every ordinance or report upon a matter of importance, and not of a secret nature, for the consideration of which a day is assigned:
• 6th. To keep the public seal, and cause the same to be affixed to every act, ordinance or paper, which Congress shall direct:
• 7th. To superintend the printing of the journals and publications ordered by Congress:
• 8th. To keep a book in which shall be noted in columns, the names of the several members of Congress, the State which they represent, the date of their appointments, the term for which they are appointed, and the date of leave of absence.

Resolved, That so much of the act of 22 March, 1777, as directs that attested copies of resolutions coming within the purview of this act, be sent to the President, to be transmitted by him, be, and hereby is repealed.

Resolved, That the salary of the Secretary of the United States in Congress assembled, be three thousand dollars per annum.

Referred to the Supt. to report That the salary of the deputy Secretary be dollars per an.¹

[Note 1: 1 This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 23, folio 89.]

The report of the committee respecting the New Hampshire Grants, was debated and referred to a grand committee.

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The Committee to whom was referred the report of a Com[tee] on certain letters and papers relative to the people inhabiting the District of Country commonly known by the name of New Hampshire Grants report as follows:

Congress having resolved on the seventh day of August last that in case they should recognize the independence of the people of Vermont they would 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 incroachments from the inhabitants of Vermont aforesaid and having on the twentieth day of the same month required as an indispensible preliminary to the recognition of the independence of the people inhabiting the territory aforesaid and their admission into the federal Union the relinquishment of all demands of lands or jurisdiction on the East side of the West Bank of Connecticut River and on the West side of a line beginning on the North West Corner of the State of Massachusetts thence running twenty miles East of Hudson's River so far as the said River runs North Easterly in its general course, then by the West bounds of the township granted by the late Government of New Hampshire to the river running from South Bay to Lake Champlain thence along the said river to Lake Champlain thence along the waters of Lake Champlain to the latitude of forty five degrees North excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain.

And the people inhabiting the territory aforesd. not having as yet made the relinquishment requited but attempting to establish jurisdiction over part of the lands guarantied to the States of New York and New Hampshire.

And it being the desire of Congress indispensably necessary to bring all disputes respecting the jurisdiction of the people residing within the district commonly known by the name of the New Hampshire Grants the territory aforesaid to a speedy issue.

Resolved, That a Commissioner be appointed whose duty it shall be to repair to the district aforesaid and to communicate to and enforce upon the inhabitants thereof the following Resolutions:

Resolved, That the district of territory commonly called by the name of the New Hampshire Grants by what name soever it may be called be and shall be bounded Westward by a line beginning at the

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North West corner of the State of Massachusetts thence running Northward twenty miles East of Hudson's River so far as the said river runs North Easterly in its general course, then by the west boundary line of the Township granted by the late Government of New Hampshire to the river running from South Bay to Lake Champlain, thence along the said River to Lake Champlain, thence along the waters of Lake Champlain to latitude forty-five degrees North, including a neck of land between the Missiskoy Bay and the waters of Lake Champlain, North by Latitude forty five degrees North then Eastward by the West Bank of Connecticut River from forty five degrees North to the Northern Boundary Line of the State of Massachusetts, and Southward by the said Northern boundary of the State of Massachusetts, from the said West bank of Connecticut River to the Northwest corner above mentioned.

That in case the inhabitants residing in the district limits aforesaid shall within two months one month from the date hereof by an authenticated Act recognize the above described boundaries to be the limits and extent of their claim and shall accede to the Articles of Confederation and perpetual Union between the States of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia as agreed to in Congress on the 15[th] day of November, 1777, and shall thereupon appoint Delegates on their behalf with full powers, instructions and positive orders immediately to repair to Congress and to sign the said Articles of Confederation and afterwards to represent them in the United States in Congress Assembled, their said Delegates shall be admitted to sign the same and thereupon the inhabitants of the above described District shall be acknowledged a free sovereign and independent State, by what name soever they shall choose to be called, and shall be considered as a component part of the federal Union and entitled to the advantages thereof.

But in case they do not immediately desist from attempting to exercise jurisdiction over the lands guaranteed to New Hampshire and New York aforesaid and shall not within the time above limited comply with the terms specified in the foregoing propositions, Congress will consider such neglect or refusal as a manifest indication of designs hostile to these United States and the forces thereof will be employed against them accordingly that all their former pretensions

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and applications heretofore made for admission into the federal Union were fallacious and delusive, and that thereupon the forces of these States will be employed against them accordingly.

Resolved, That it be and hereby it is earnestly recommended to the States of New Hampshire and New York respectively to pass acts of indemnity in favour of all such persons residing without the limits above described who shall have taken part with the inhabitants residing within the same against the government of either of those States, upon their quietly and peaceably submitting themselves to the Government and Jurisdiction of those respective States to which they severally belong.¹

[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 40, II, folio 237.]

Congress proceeded to the election of two auditors in the treasury department; and, the ballots being taken, Mr. William Geddes, and Mr. John Dyer Mercier were elected, the former having been nominated by Mr. [John] Hanson, and the latter by Mr. [Edward] Telfair.

Congress proceeded to the election of a postmaster general; and, the ballots being taken, Mr. Ebenezer Hazard was elected, having been previously nominated by Mr. [Roger] Sherman: Mr. James Bryson was elected assistant or clerk to the postmaster general, having been previously nominated by Mr. [Abraham] Clark.

Ordered, That the report of the Board of Admiralty, respecting a vessel dispatched by Mr. Parsons with news of the capture of St. Eustatius be referred to the Superintendent of Finance to report.

That the Superintendent of finance report the salary to be allowed to the deputy secretary of Congress.

That a letter, of 25, from the Superintendent of finance be referred to the Secretary for foreign affairs, who is to consult the judges of the court of appeals and report.²

[Note 2: 2 These three orders were entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.
The letter, of January 25, from the Superintendent of Finance is in the Papers of the Continental Congress, No. 137, I, folio 305.
On this day, as the indorsement indicates, was presented the Representation of the Townships of Guilford and Brattleborough, Cumberland Co., New York, by Seth Smith, their agent, dated January 28, 1782. It is in No. 40, II, folio 191.]

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