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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 --THURSDAY, APRIL 4, 1782
On motion of Mr. Clark [Samuel] Livermore, seconded by Mr. Livermore [Abraham] Clark,
Ordered, That the two papers referred to by the words "to wit," in the motion of yesterday, be fully entered in the journal as a part of that motion.2
[Note 2: 2 This motion, in the writing of Abraham Clark, is in the Papers of the Continental Congress, No. 36, I, folio 269.]
The papers are as follows:
"State Of Vermont, Charlestown, 16 October, 1781.
The governor and council having joined the general assembly in a committee of the whole, to take into consideration the report of3
[Note 3: 3 From this point the entries in the Journal are by George Bond.]
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the honorable Jonas Fay, Ira Allen and Bezaleel Woodward, esqrs. who were appointed by the legislature of this State, in the month of June last, to repair to the American Congress with powers to propose to, and receive from them terms for an union of this with the United States, &c.
His Excellency THOMAS CHITTENDEN, esq. in the chair:
The said agents laid before the committee the following papers, which were read by the Secretary in their order, viz.
The further consideration of the report being referred, adjourned till to-morrow morning nine o'clock.
October 17.
Met according to adjournment.
The committee proceeded to the consideration of the resolutions of Congress of the 20th day of August aforesaid, and other mentioned in the report of said agents, and after some time spent thereon, resolved, that in the opinion of this committee, the legislature cannot comply with the resolutions last referred to, without destroying the foundation of the present universal harmony and agreement that subsists in this State, and a violation of solemn compact entered into by articles of union and confederation.
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The further consideration of the report being postponed, adjourned to nine o'clock to-morrow morning.
October 18.
The committee having resumed the further consideration of the said report:
Resolved, That inasmuch as the resolutions of Congress of the 7th and 20th of August last, did by no means comport with, but entirely preclude any propositions made by our agents; it is therefore the opinion of this committee, that the propositions made by our agents to the committee of Congress on the 18th of August last, ought not in future to be considered as binding on the part of Vermont.
Resolved, That it be, and is hereby recommended to the legislature of this State, that their thanks be returned to their honourable agents for their good services in behalf of this State, on the business of their late mission to the Congress of the United States of America.
And this committee recommend to the legislature of this State, to remain firm in the principles on which the State of Vermont first assumed government; and to hold the articles of union which connect each part of the State with the other, inviolate; and for the further information and satisfaction of the honorable the Congress and the world, do recommend to the legislature to publish the following articles, which respect the admission of Vermont into the federal union, viz.
"Art. 1st. That the independence of the State of Vermont be held sacred, and that no member of the legislature shall give his vote or otherwise use his endeavours to obtain any act or resolution of assembly that shall endanger the existence, independence, and well-being of said State, by referring its independency to the arbitrament of any power.
"Art. 2d. That whenever this State becomes united with the American states, and there shall then be any disputes between this and any of the United States, the legislature of the State of Vermont will then (as they have ever proposed) submit to Congress or such other tribunal as may be mutually agreed on for the settlement of any such disputes."
And that the impartial world may be fully convinced of the good and laudable disposition of Vermont, and of her readiness to comply with any reasonable proposal, for the adjustment of the disputes respecting boundary lines between this and the neighbouring states
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of New Hampshire and New York, this committee further recommend to the legislature to make the following proposals to the said states of New Hampshire and New York respectively: that whereas disputes have arisen between the states of New Hampshire and Vermont relative to jurisdictional boundary lines, &c. the legislature of Vermont being willing and desirous, as much as in them lies, to promote unity and good accord between the two states, do propose to the State of New Hampshire, that all matters relating to the aforesaid dispute, shall be submitted to five or more judicious unprejudiced persons, who shall be mutually agreed on, elected and chosen by a committee of legislature on the part of each State respectively.
And that the states of New Hampshire and Vermont do pledge their faith, each to the other, that the decision had by the persons so elected, being made up in writing, signed by the president of such commissioners, and delivered to the secretary of each State respectively, shall be held sacredly binding on each of the said states of New Hampshire and Vermont for ever.
And that proposals of the same tenor be also made to the legislature of New York.
And this committee do further recommend, that nine persons be elected commissioners by the legislature on the part of Vermont, to treat with commissioners to be elected on the part of New Hampshire and New York respectively, for the adjusting the aforesaid jurisdictional boundary lines.
And that they be commissioned by his Excellency the Governor, and the faith of this State be by him pledged, in behalf of the State, that the decision thus had, shall in future be held as sacredly binding on the part of Vermont.
The committee further recommend to the legislature, that the proceedings of this committee, be officially transmitted to the Congress of the United States; and that they be enclosed in a letter, under the signature of his Excellency the Governor, and directed to the President of Congress.
And this committee do further advise the legislature to recommend to the authority in every part of the State, to remain firm in the support of government, and the punctual execution of the laws, notwithstanding the various measures taken to create divisions and discord.
The commissioners chosen for the above purpose, the honorable Elisha Paine, Jonas Fay, Ira Allen and Peter Olcott, Esqrs. Daniel
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Jones, Esq. Colonel Gideon Warren, Phineas Whiteside, Esq. Colonel Joseph Caldwell and Ezra Stiles, Esq.
Resolved, That it be an instruction to the said commissioners, that they prepare and make the necessary defence in the premises, and that they introduce the said matters to New Hampshire and New York, in such way as to them shall appear best.
October 19, 1781.
Voted that this committee be dissolved.
(Signed) Beza: Woodward,
Clerk of Committee.
State of Vermont, in General Assembly, Charlestown, October 19, 1781.
The aforesaid report being read and question being put, it was unanimously approved and accepted.
(Signed) Roswell Hopkins, Clerk.
In council, October 19th, 1781. Read and concurred.
(Signed) Joseph Fay, Secretary.1
[Note 1: 1 This paper is in the Papers of the Continental Congress, No. 40, II, folios 65--75.]
State of New York, in Senate and Assembly, the 15th and 19th days of November, in the 6th year of the independence of the said State, one thousand seven hundred and eighty-one:
Resolved, That it appears from sufficient evidence that Congress did by their act of the 24th of September, one thousand seven hundred and seventy-nine, inter alia, earnestly recommend to the states of New Hampshire, Massachusetts Bay and New York, to pass laws expressly authorising Congress to hear and determine all differences between them relative to their respective boundaries, in the mode prescribed by the Articles of Confederation; and also by express laws for the purpose to refer to the decision of Congress all differences or disputes between them relative to jurisdiction, which they might respectively have with the people of the district called the New Hampshire Grants; and also to authorise Congress to proceed to hear and determine all disputes subsisting between the grantees of the said states respecting titles to lands lying within the said district, and also that Congress did thereby pledge their faith, after a full and fair hearing of all the said differences and disputes, to decide and determine the same according to equity, and carry into execution and support their determinations and decisions in the premises.
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Resolved, That it appears from the like evidence, that at the time of passing the said act, and for above a century and an half before, to wit, from the first settlement of the colony of New York, now this State of New York, the said colony and this State included by most indubitable right and title, both of jurisdiction and property, all the lands among others to the westward thereof, lying north of the north bounds of the Massachusetts Bay up to the latitude of 45 degrees north, and extending between those boundaries from Hudson's river to Connecticut river, including the waters of the northern lakes, and other waters within those boundaries: that the above extent of territory, which includes the district called the New Hampshire Grants, was by a decree of the British king, to whom the sovereignty thereof as parcel of the colony of New York belonged, made in his privy council the 20th day of July, one thousand seven hundred and sixty-four, between the colonies of New York and New Hampshire, declared to be parcel of the said colony of New York: that in consequence thereof the government of the colony of New Hampshire, expressly ceded and relinquished all claim and title of jurisdiction to the above territory: that thereupon the same was, by acts of legislation of the colony of New York, formed into counties, and such parts thereof as were settled were represented in the legislature of that colony: that they were also represented in the provincial Congress and convention of this State of New York, received aids from them as parcel of this State both before and after the declaration of the independence of these United States; assisted by their representatives in forming the constitution of this State, and fully submitted to the jurisdiction thereof till in the year one thousand seven hundred and seventy-seven.
Resolved, That it appears of record, that notwithstanding the above clear and conclusive evidence of right on the part of this State of New York to the territory above described, including as aforesaid the New HampShire Grants, and though the legislature of this State might therefore consistently with the strictest justice, have asserted their dignity and sovereignty over the district of the New Hampshire Grants; yet they respectfully adopting the sentiments of Congress, that it was essential to the interest of the whole Confederacy, carefully to avoid all intestine dissentions and maintain domestic peace and good order, acquiesced in the submission recommended by the said Act of Congress, and accordingly on the 21st day of October, one thousand seven hundred and seventy-nine, passed a law of this State for that purpose.
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Resolved, That it satisfactorily appears that in consequence of said law, the agents thereby appointed to manage the controversy on the part of this State, at very great public expence collected the necessary evidence to support the facts asserted in the second above mentioned resolution; and that after many and repeated delays, they were at length, on the 19th day of September, one thousand seven hundred and eighty, in the presence of all the parties interested, (except the State of Massachusetts Bay, who had not passed the necessary act of submission) indulged with an hearing before Congress; in the course of which such evidence as above mentioned was produced on the part of this State, as in the opinion of the agents of this State fully proved to Congress, the several facts contained in the said second above mentioned resolution, and that on the 27th day of the same month, all parties being present (except the State of Massachusetts Bay, and Messrs. Allen and Bradley, agents for the people of the New Hampshire Grants, claiming to be a separate independent jurisdiction, who though duly notified then declined any further attendance) the State of New Hampshire who had also submitted by their legislative act, had an hearing in Congress in support of their claim to the jurisdiction over the district called the New Hampshire Grants: that this State has on their part fully complied with every requisite contained in the said Act of Congress, of the 24th day of September, one thousand seven hundred and eighty, and has accordingly from that day to this, abstained from the grant of any lands within the said district, and also from the exercise of jurisdiction over any of the inhabitants of the said district, who had not acknowledged the same, that on the contrary the revolted inhabitants of the said district having arbitrarily erected themselves into a separate and independent State, unrecognized as such until this day, by this State, or the other United States, and having framed a government, they have passed laws, granted lands, and exercised civil and military authority over the persons and property of those inhabitants, who profess themselves to be subjects of this State, in manifest subversion of the right of sovereignty and property of this State, and in direct contempt and infringement of several acts of Congress: that although they had contented themselves with the exercise of jurisdiction principally up to a line running nearly parallel to Hudson's river, at twenty miles distant therefrom, until the month of June last; yet at that time, notwithstanding the censure and prohibition of Congress and in contempt of their recommendation and authority by an act of their usurped government, they extended a jurisdictional
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claim over all the lands situate north of the north line of the State of Massachusetts, and extending the same to Hudson's river, then east of the centre of the deepest channel of said river to the head thereof, from thence east of a north line, being extended to latitude forty-five degrees, and south of the same line including all the lands and waters to the place where the said pretended State then assumed to exercise jurisdiction, inserting at the same time in their said Act a clause not to exercise jurisdiction within their jurisdictional claims for the time being: that of all these matters Congress have been fully apprized, and though repeatedly solicited thereto by the delegates of this State, have not hitherto made any decision and determination of the said controversy according to equity, as by their said Act of the 24th day of September, one thousand seven hundred and seventy-nine, they pledged themselves, and by the law of this State they were authorised to do: that to put an end to this delay so injurious to the jurisdiction of this State, so subversive of its interests, peace and polity, so promotive of a repetition of those violent acts of usurped civil and military authority, which in the judgment of Congress declared in their resolution of the 2d of October, one thousand seven hundred and eighty, were highly unwarrantable and subversive of the peace and welfare of the United States, and from which they require the people inhabiting the said grants to desist, until the decision and determination of Congress in the premises, they have actually presumed to exercise sovereign authority and jurisdiction, to the full extent of their said jurisdictional claim, by appointing civil and military officers, making levies of men and money, rescuing delinquents from the hands of justice of this State, at the expence of the blood and the loss of the life of one of the subjects of this State, in the execution of his lawful duty, and forbidding the officers of justice of this State to execute their offices as appears from the papers attendant on his Excellency the Governor's speech, and other due information, that among these to shew the actual exercise of jurisdiction by the usurped government of the said grants, by the stile and title of the State of Vermont, over the territory contained within the said jurisdictional claim, is the copy of a certain proclamation, bearing date the 18th day of July, one thousand seven hundred and eighty-one, purporting to be under the seal of the said pretended State, signed by Thomas Chittenden, who stiles himself their governor, which, after divers falsities and absurdities therein contained, asserts that commissions both civil and military had then been lately issued by the supreme authority
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of the said pretended State, to persons chosen agreeable to the laws and customs thereof, in the several districts and corporations within the limits of the above mentioned western or jurisdictional claim, strictly requires, charges and commands all persons of whatsoever quality or denomination residing within the said western claim of jurisdiction, to take due notice of the laws and orders of the said pretended State, and to govern themselves accordingly, on pain of incurring the penalties therein contained, and strictly requires, charges and commands all magistrates, justices of the peace, sheriffs, constables, and all other civil and all military officers, to be active and vigilant in executing the laws aforesaid, without partiality.
Resolved, That the legislature of this State is greatly alarmed at the evident intention of Congress, from political expedience, as it is expressed in a letter from his Excellency the President of Congress, to his Excellency the Governor of this State, of the 8th of August last, and as is evinced in their acts of the 7th and 20th of the same month, enclosed therein, to establish an arbitrary boundary, whereby to exclude out of this State the greatest part of the territory described in the second resolution above mentioned, belonging most unquestionably to this State as part, parcel and member thereof, and to erect such dismemberment possessed by the revolted subjects of this State, into an independent State, and as such to admit them into the federal union of these United States, especially as the two last mentioned acts seem to express the sense of Congress, that the territories of this State, by the Articles of Confederation, are, and as in fact and truth they are by the 2d and 3d articles thereof guaranteed, and still more especially as by a proviso in the 9th article, it is provided that no State shall be deprived of territory for the benefit of the United States.
Resolved, That it is the sense of the legislature, that Congress have not any authority by the Articles of Confederation in any wise to intermeddle with the former territorial extent of jurisdiction or property of either of these United States, except in cases of disputes concerning the same between two or more states in the union, nor to admit into the union even any British colony except Canada, without the consent of nine states, nor any other State whatsoever, nor above all to create a new State by dismembering one of the thirteen United States without their universal consent.
Resolved, That in case of any attempt by Congress to carry into execution their said acts of the 7th and 20th of August last, this legislature,
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with all due deference to Congress, are bound in duty to their constituents to declare the same an assumption of power in the face of the said act of submission of this State, and against the clear letter and spirit of the 2d, 3d, 9th and 11th articles of the Confederation, and a manifest infraction of the same, and do therefore hereby solemnly protest against the same.
Resolved, That a copy of these resolutions be forthwith made and certified by the president of the senate, and the speaker of the assembly, in presence of his Excellency the Governor, who is hereby requested to attest the same with the great seal of this State, and transmit it without delay to Congress, to the end that the same may be entered on their journals, or filed in their archives in perpetuam rei memoriam; and that another copy so certified as aforesaid, be delivered to the delegates of this State for their use and guidance, and that they be, and hereby are expressly directed and required to enter their dissent on every step which may be taken in and towards carrying the said two last mentioned acts of Congress into execution.1
[Note 1: 1 Here Charles Thomson resumes the entries in the Journal.
The New York paper is in the Papers of the Continental Congress, No. 40, II, folios 105--118.]
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