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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 --WEDNESDAY, APRIL 17, 1782
The committee, consisting of Mr. [George] Clymer, Mr. [Daniel] Carroll, Mr. [Abraham] Clark, Mr. [Samuel] Livermore, and Mr. [Richard] Law, to whom was referred the letter of 31 March, from Jonas Fay and others, together with other papers on the files relating to the same subject, received since the 20th day of August last, delivered in a report, which being read,
A motion was made by Mr. [John Morin] Scott, seconded by Mr. [Samuel] Livermore.
That the first Tuesday in October next be assigned for the consideration of the report.
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And on this question the yeas and nays were required by Mr. [John Morin] Scott.
The report being as follows:
"That Congress on the 20 of August last, by a majority the votes of nine states, resolved as follows: 'on a re-consideration of the resolution respecting the people inhabiting the New Hampshire Grants, it was altered and agreed to as follows:
"'It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampshire and New York, contained in the resolutions of the 7th instant,
"'Resolved, That it be an indispensable preliminary to the recognition of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish 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 at the northwest corner of the State of Massachusetts; thence running twenty miles east of Hudson's river, so far as the said river runs northeasterly in its general course; then by the west bounds of the townships granted by the late government of New Hampshire, to the river running from South Bay to Lake Champlain; thence along said river to Lake Champlain; thence along the waters of Lake Champlain to latitude forty-five degrees north excepting a neck of land between Missiskoy Bay and the waters of Lake Champlain,' which resolution was re-considered and confirmed on the succeeding day, to wit, the 21 of the same month:
"That in the opinion of your committee, the competency of Congress to enter into the above resolutions was full and complete, the concurrent resolutions of the senate and assembly of the State of New York, of the 15th and 19th of November last, containing a protest against the authority of Congress in the matter notwithstanding, these concurrent resolutions in letter and in spirit, being undeniably incompatible
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with a legislative act of the said State of A preceding day, to wit, the 21st of October, 1779, wherein there is an absolute reference of the dispute between that State and the people of Vermont, respecting jurisdiction, to the final arbitrament and decision of Congress; and from which alone would result to Congress all the necessary authority herein:
"That on theday ofthe people residing in the district called Vermont, in considering the said acts of Congress of the 20 and 21 of August, did reject the propositions therein made to them, as preliminary to an acknowledgment of their sovereignty and independence, and admission into the federal union as appears by their proceedings on the files of Congress: but, that on a subsequent day, the aforementioned resolutions of the 20 and 21 of August, being unaltered and unrepealed, and the proposition therein contained in the opinion of your committee, still open to be acceded to, the said people did, in their general assembly, on the 22d of February last, enter into the following resolution:
"'That the west bank of Connecticut river, and a line beginning at the north west corner of the Commonwealth of Massachusetts, from thence northward twenty miles east of Hudson's river, as specified in the resolutions of Congress in August last, shall be considered as the east and west boundaries of this State:
"'And that this assembly do hereby relinquish all claims and demands to, and right of jurisdiction in and over, any and every district of territory without said boundary lines:'
"That in the sense of your committee, the people of the said district, by the last recited act, have fully complied with the stipulation, made and required of them in the resolutions of the 20 and 21 August, as preliminary to a recognition of their sovereignty and independence, and admission into the federal union of the states, and that the conditional promise and engagement of Congress, of such recognition
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and admission, is thereby become absolute and necessary to be performed; your committee therefore submit the following resolution:
"That the district or territory called Vermont, as defined and limited in the resolutions of Congress of the 20 and 21 of August, 1781, be, and it is hereby recognized and acknowledged by the name of the State of Vermont, as free, sovereign and independent; and that a committee be appointed to treat and confer with the agents and delegates from said State, upon the terms and mode of the admission of the said State, into the federal union."1
[Note 1: 1 This report, in the writing of George Clymer, is in the Papers of the Continental Congress, No. 40, II, folio 277.]
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So it passed in the negative.
A motion was been made by Mr. [Joseph] Montgomery, seconded by Mr. [William] Ellery,
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That the third Tuesday in June next be assigned for the consideration of the report:
On the question to agree to this motion, the yeas and nays being required by Mr. [John Morin] Scott,
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So the question was lost.
A motion was then made by Mr. [Arthur] Middleton, seconded by Mr. [Thomas] Bee,
That Monday next be assigned for the consideration of the report.
On the question to agree to this, the yeas and nays being required by Mr. [John Morin] Scott,
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So it passed in the negative.1
[Note 1: 1 On this day, according to the indorsement, was read a letter of April 15 from Adjutant General Edward Hand. It is in the Papers of the Continental Congress, No. 78, XII, folio 213.]
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