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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 21, 1782
On the report of a committee, consisting of Mr. [William] Ellery, Mr. [George] Clymer, Mr. [Elias] Boudinot, to whom was referred a letter of the 24 April, from the governor of Connecticut:
The Committee to whom two letters from Governor Trumbull, one directed to the President and the other to the Secretary of Congress, and both dated April 24th, 1782, were referred, report,
Resolved, That the executives of the several states be, and they are hereby authorised, on information of illegal intercourse, which hath taken place or shall take place between the captains of any private armed vessels belonging to these
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states and the enemy, or of any other real-conduct, to suspend the commission of such captains until the executive shall have examined into the offence; and if upon enquiry it shall appear that the information was well founded, they are requested to report their proceedings to the United States in Congress assembled, and in this case the commission shall stand suspended until Congress shall have taken order thereon.
That it be recommended to the Governors or Presidents of the respective states to whom commissions for private armed vessels shall be issued not to grant commissions but to citizens of their several states, and that each commission be endorsed by the Governor or President by whose command it shall be issued and countersigned by the Secretary of the State, and that no commission issued after the first Monday in July next be valid unless so signed and countersigned.1
[Note 1: 1 This report, in the writing of William Ellery, is in the Papers of the Continental Congress, No. 20, I, folio 335.]
On motion, and at the desire of the delegates of Georgia:
Resolved, That it be minuted on the Journal, that on their motion such part of the letter of the 11 January, 1782, from the assembly of Georgia, as respects the settlement of public accounts, was yesterday referred to the Superintendant of finance.
Mr. [John Morin] Scott, a delegate for the State of New York, delivered at the table two papers which he desired to have read; and the same being read, a motion was made by Mr. [John Morin] Scott, seconded by Mr. [Arthur] Middleton, in the following words:
"That the two papers which have been this day read in Congress, purporting to be certified by Robert Harpur, deputy secretary of the State of New York, as true copies of two certain original acts of the legislature of the said State lodged in the secretary's office of the said State: the one in the words and figures following, to wit,
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"AN ACT FOR PARDONING CERTAIN OFFENCES COMMITTED IN THE
NORTH-EASTERN PARTS OF THIS STATE. PASSED THE 14TH APRIL,
1782.
"Whereas divers inhabitants residing in the north-eastern parts of this State, who have heretofore denied the sovereignty and jurisdiction of the people of this State in and over that part of this State, and by their unwarrantable combinations, created commotions, to the great disturbance of the peace and tranquillity of this State, have by their humble petition to the legislature of this State, represented that they were seduced and misled by artful and designing men, from their duty and allegiance to this State: and have moreover professed a sincere repentance of their crimes and misdemeanors, and implored the clemency of government, and humbly entreated the passing of an act of indemnity, oblivion and pardon: and this legislature being disposed to extend mercy:
"Be it therefore enacted by the people of the State of New York, represented in senate and assembly, and it is hereby enacted by the authority of the same, that all such of the inhabitants of this State, who dwell and reside north of the north bounds of the State of Massachusetts continued to Hudson's river, east of Hudson's river, south of the latitude forty-five degrees north, and west of Connecticut river, are hereby acquitted, pardoned, released and discharged from all treasons, felonies and conspiracies whatsoever, at any time heretofore done and committed by them or any of them, against the people of the State of New York as sovereign thereof, or against the government and authority derived from or established by the said people; all capital, corporal or pecuniary punishment, fines and forfeitures, judgments and executions, to which they severally were liable in consequence of the crimes and offences aforesaid, are hereby remitted and discharged; and all and every the said persons shall be, and hereby are fully and wholly restored in person and estate, [to the same state and condition wherein they severally were at any time before the said crimes and offences were committed or perpetrated.
"And be it further enacted by the authority aforesaid, that no persons or persons whatsoever shall have the benefit of the said pardon, for the purpose of pleading the same against any charge of treason or other offence already found, or hereafter to be found, against them or any of them, for adhering to the king of Great Britain, the enemy of this State,]1 or for any murder; or that such
[Note 1: 1 The part in brackets was entered in the Journal by George Bond.]
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pardon shall be a bar to a conviction, judgment or execution for the said treason or other offence last mentioned, or for murder as aforesaid."
And the other of the said papers in the words and figures following, to wit,
"AN ACT FOR QUIETING THE MINDS OF THE INHABITANTS IN THE
NORTH-EASTERN PARTS OF THIS STATE. Passed 14th April, 1782.
"Be it enacted by the people of the State of New York, represented in senate and assembly, and it is hereby enacted by the authority of the same, that all charters, patents or grants for lands within this State, lying within the following bounds, to wit, beginning at a certain point in the west bank of Connecticut river, where the boundary line between the states of Massachusetts and New Hampshire, if continued across the said river, would intersect the said west bank, and running from the said point along the west bank of Connecticut river to the latitude of forty-five degrees north, thence westerly in the said latitude to the west side of Missisqua Bay, in Lake Champlain, thence westerly in the said latitude to the east bank of the waters of the said lake, thence southerly along the east bank of the said lake and the waters thereof, to the most southerly point where any of the grants heretofore issued or made by the late government of the late colony of New Hampshire come to the said lake, thence along the south and west bounds of the said grants, or as the said grants are now held or possessed under such grants, so far south as to meet with a line continued from the first mentioned boundary, between the states of Massachusetts and New Hampshire, through the said place or point of beginning, thence easterly by the said continued line as aforesaid to the said place or point of beginning, made or issued by the government of the late colony now State of New Hampshire, and which were made or issued prior to any charter, patent or grant for the same lands, heretofore made or issued by the government of the late colony now State of New York, or by the government of any other colony, shall be, and hereby are ratified and confirmed to the respective grantees, their heirs and assigns forever; and every such prior charter, patent or grant is hereby declared to be as legal and valid, to all intents, constructions and purposes whatsoever, as if the same had been made or issued under the great seal Of the said late colony of New York, or had been made or issued under the great seal of this State, and as such may be given and shall be allowed in
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evidence in every court of record within this State: and no such charter, patent or grant hereby ratified and confirmed as aforesaid, shall be deemed void, or in any wise injured, by reason of the nonperformance of any condition or proviso therein contained, or by reason of the non-payment of any quit-rent therein reserved, any law, usage or custom to the contrary thereof notwithstanding: provided always, that any person or persons who heretofore held or claimed lands under grants from the late colony of New Hampshire, who have afterwards obtained grants for the same lands, either to themselves or to others in trust for them, under the late colony of New York, operating as a confirmation thereof, in such case or cases such person or persons, or their assignees, shall be deemed forever hereafter to hold the said lands by the latter title.
"And whereas, many of the inhabitants residing within the district of country above described, did, in or about the year one thousand seven hundred and seventy-seven, declare themselves an independent people, and did assume a government under the name, stile or title of the government of the State of Vermont, or of the State of Vermont, and the said assumed government hath made grants of lands within the said territory:
"Be it further enacted by the authority aforesaid, that all charters, patents or grants of lands so made or issued before the passing of this act, and which were made or issued prior to any charter, patent or grant for the same lands heretofore made or issued by the government of the late colony of New York, shall be, and hereby are ratified and confirmed to the respective grantees, their heirs and assigns for ever; and such charters, patents or grants are hereby declared to be as legal and valid to all intents, constructions and purposes whatsoever, as if the same had been made or issued by the government of this State, and as such may be given and shall be allowed in evidence in any court of record within this State; and no such charter, patent or grant so ratified and confirmed as last aforesaid, shall be deemed void or in any wise injured by reason of the non-performance of any condition or proviso therein contained, or by reason of the nonpayment of any quit-rent therein reserved, any law, usage, or custom to the contrary notwithstanding.
"And be it further enacted by the authority aforesaid, that all persons now actually occupying, possessing and improving lands within the said district of country, or who did at any time before the passing of this act, actually occupy, possess and improve lands therein, not heretofore granted by any late colony, shall be, and they and their
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legal representatives respectively are hereby confirmed in such their respective possessions and improvements, and shall have and receive patents therefor from the government of this State, without paying for such patent any fee or reward, the expence of surveying such lands excepted: provided that no such patent as last aforesaid shall issue for more than the quantity of five hundred acres of land, and where such occupant, possessor or improver, or legal representatives, shall not have possessed the said quantity of five hundred acres of land, he or she shall respectively be allowed and granted such additional quantity of land, out of any vacant unappropriated lands, lying contiguous to such possession, as shall be equal to the deficiency.
"And whereas, it is the intention of the legislature, that such parts of this act as relate to quieting or confirming titles and possessions within the district of country as aforesaid, should not take effect, and that the inhabitants residing within the said district of country should not have the benefits thereby intended, unless they should agree to renounce the said assumed government and return to their allegiance to the government of this State:
"Be it therefore further enacted by the authority aforesaid, that upon application of commissioners or agents authorised and appointed by the inhabitants residing in the said district of country, or by the inhabitants of any town or towns, or district or districts therein, to the person administering the government of this State for the time being, touching or concerning the ratifying, confirming and quieting any titles to or possessions of lands within the district aforesaid, in cases not provided for by this act, and of and concerning the mode, manner, terms and conditions agreeable to and on which the inhabitants within the district of country aforesaid, shall agree to renounce the said assumed government, and acknowledge allegiance to the government of this State, it shall and may be lawful for the person administering the government of this State for the time being, by and with the advice and consent of the council of appointment, to appoint and commissionate, under the great seal of this State, three commissioners, to meet, confer and agree with such commissioners or agents authorised and appointed by the said inhabitants of the said district of country, or by the inhabitants of any town or towns, or district or districts therein, on all and singular the matters and things above-mentioned, and all compacts, agreements and acts entered into, made or done by the said commissioners to be appointed on behalf of this State, or any two of them, of or concerning the
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premises, shall be finally conclusive and binding on the government of this State: provided nevertheless, that nothing in this act contained shall be construed to authorise the said commissioners to agree to cede or relinquish the jurisdiction of this State over the district of country aforesaid, or any part thereof, to any people, assemblies of people, or person or persons whatsoever, or to consent or agree that any part of the constitution of this State shall be altered or changed.
"And be it further enacted by the authority aforesaid, that nothing in this act contained shall be deemed, construed or taken to restore any person or persons, or his or their heirs, to his or their estate within the said district of country, who now stand attainted by the government of this State for adherence to the king of Great Britain, or whose estate or estates have or shall become confiscate for such adherence by virtue of any law of this State;"
Be committed to a special committee to report thereon:1
[Note 1: 1 This motion, in the writing of John Morin Scott, is in the Papers of the Continental Congress, No. 36, I, folio 303. The Acts are in 40, II, folio 289.]
And on the question for commitment, the yeas and nays being required by Mr. [John Morin] Scott,
{table}
So the question was lost.
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The Secretary at War, to whom was referred a letter of 14 April, 1782, from Colonel Van Schaick, having reported, as his opinion,
War Office, May 2nd, 1782.
Sir,
It appears by Col. Van Schaick's letter to his Excellency General Washington, which has been before Congress and referred to me, that he supposes himself superseded by Colonel Hazen, and therefore he cannot longer command his regiment.
Although the States, by the Articles of Confederation, delegated to Congress the power of appointing general officers to command the army without limitation to any particular State, yet they have generally confined those appointments to the different States, in some proportion to the number of men they have been requested to raise, and I am convinced that experience has fully evinced its policy and justice. This from the nature of our service, has frequently brought into the field general officers, who, at the commencement of the war, were junior field officers, while old Colonels have been excluded. Had not this mode been adopted, and that of appointing seniors preferred, Congress would have been greatly circumscribed, and most if not all the appointments been within certain States.
The necessity of dispersing the general officers through the United States, and the right each State had to its share has been so fully impressed on the minds of senior Colonels, that they have generally acquiesced in the measure.
Colonel Van Schaick's is one of those cases to remedy which there are no means without establishing such principles as will involve us in perplexities from which we cannot with facility be extricated, for there are already two general officers in the State of New York, and to increase the number will enhance the public expences, and open a door for numerous applications on the grounds Colonel Van Schaick has rested his claim.
I am therefore of opinion that he cannot be with the general good of the service, though he is justly meritorious officer; but that in consideration of his he be suffered to retire, and be entitled to such be enjoyed by officers retiring under the 3rd. and 21t. of Oct. 1780.
Should Congress approve of these sentiments they will please to resolve,
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That Colonel Van Schaick, in consideration of his long services, be permitted to retire, and that he be entitled to all the emoluments which shall be enjoyed in future by officers who retired under the resolves of Congress of the 3 and 21 of October, 17802.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 149, I, folio 291.]
The question to agree to this, passed in the negative.
The Committee of the week [Mr. John Lowell, Mr. Turbett Wright, Mr. Thomas Smith] report That the letter of Jacob Hiltzheimer, respecting the depreciation of money of the new emission formerly paid him for his services be referred to the Superintendent of Finance.
That the letters from the clerks of the office of accounts requesting an increase of their salaries, be referred to the committee on the salaries of the civil list.
That the memorial of Perle Cherlent relating his services in Canada in which he alledged that he had a Captain's commission and his sufferings in consequence thereof and praying relief, be referred to the Secretary at War.2
[Note 2: 2 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 32, folio 355. The indorsement shows that it was passed this day.
The letter from the clerks (Cornelius Comegys, William Ramsey, William Simmons, George Hopes, Guilliam Aertsen, and Seines Dundas), dated May 18, is in No. 78, VI, folio 115. The indorsement shows that it was referred to Mr. [Ezekiel] Cornell, Mr. [John Morin] Scott and Mr. [Philemon] Dickinson.]
The Committee of the Week report, That the petition of Andrew Pepin, praying for the payment of the whole or of part, of a certificate granted to him for the arrears of his pay lie on the table, and that the petitioner be informed that his request cannot at present be complied with it being improper to pay any individual in preference to others in like circumstances passed.3
[Note 3: 3 This report, in the writing of Thomas Smith, is in the Papers of the Continental Congress, No. 32, folio 359. It is undated but belongs to this period. The petition of Andrew Pepin is in No. 41, VIII, folio 162.]
The Committee of the Week report,
That the Petition of John Blake, praying that the balance due to him for supplies of money may be paid, be referred to the Superintendent of Finance.4
[Note 4: 4 This report, in the writing of John Lowell, is in the Papers of the Continental Congress, No. 42, I, folio 285, and indorsed: "Not acted upon." It is undated, but the petition of John Blake, dated Philadelphia, May 21, 1782, is on folio 282, and, according to the indorsement. was read the same day.]
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