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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, OCTOBER 17, 1782
According to order, the committee, consisting of Mr. [John] Rutledge, Mr. [John] Witherspoon, Mr. [James] Duane and Mr. [Turbett] Wright, to whom were referred the letter of
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19 August, from the Commander in Chief, and the proceedings of the British court-martial on the trial of Lippincut, for the murder of Captain Huddy, delivered in their report, which was read, and Thursday next assigned for the farther consideration of it.
The Committee, [consisting] of Mr. [John] Rutledge, Mr. [John] Witherspoon, Mr. [James] Duane, Mr. [Turbett] Wright and Mr. McKean, to whom were referred the letter of 19 August from the Commander in Chief, and the proceedings on the trial of Lippincut for the murder of Captain Huddy, submit the following Resolution:
On Considering the correspondence between the Commander in Chief and Sir Guy Carleton, relative to the Murder of Captain Joshua Huddy, together with the Proceedings of a Court Martial on Captain Richard Lippincut for the said offence,
Resolved, That there does not appear from the said correspondence or proceedings to be any sufficient reason why the Commander in Chief should recede from the determination expressed in his Letter of theto Sir H. Clinton, several letters to Sir Henry Clinton and Sir Guy Carleton but that he be and is hereby, directed to suspend the Execution of the said Determination fordays, in order to give the British General a further opportunity of saving the innocent by surrendering the guilty.1
[Note 1: 1 This report, in the writing of John Rutledge, is in the Papers of the Continental Congress, No. 19, VI, folio 403.
The following, in the writing of Turbett Wright, and undated, is in No. 36, IV, folio 197:
Resolved, That notwithstanding Congress are clearly of opinion that the acquittal of Lippincut by the court martial is not by any means justifiable even upon the facts therein set forth proved and found by the court, yet as it appears the same court on that trial found that the killing of Huddy was in consequence of verbal orders given by Gov. Franklin and others called of the board of refugees who they declare acted without and had no authority therein which tho' it by no means excuses or justifies Lippincut in his act in executing Huddy yet it clearly shows that Gov. Franklin and others were guilty of the murther of Huddy, and though General Carlton supposes that Lippincut is excusable in a military view as he acted by order of those superior to him, which necessarily involves those who gave the orders in the guilt, therefore in order to prove the sincerity of the professions made by Generals Clinton, Robertson and Carlton that General Washington be requested to apply to General Carlton immediately to send to him -- Alexander and -- now within his command that justice may be done on the offenders; and that he send also to Great Britain, where it is said Governor Franklin is absconded, requesting -- to apprehend said Franklin and send him in safe custody to America that he may be proceeded with in a course of justice for supposed murther of Captain Huddy, and that in the meantime -- a British officer be held in safe custody in order to answer by way of retaliation for the murther of Captain Huddy if the aforesaid requisitions to General Carlton are not complied with.]
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On the motion of Mr. [James] Madison, seconded by Mr. [James] Duane,
Resolved, That the Secretary for Foreign Affairs inform the several ministers of the United States in Europe that it is the desire and express direction of Congress that they transmit full and frequent communications as well of their proceedings with the courts at which they respectively reside as of those which relate to negotiations for peace, and also of all such other transactions and events as may in any manner concern the United States.1
[Note 1: 1 This resolution, in the writing of James Madison, is in the Papers of the Continental Congress, No. 36, I, folio 405. It was also entered in the manuscript Secret Journal, Foreign Affairs.]
The Committee to whom was referred the letter of Govr. Clinton together with the Deposition of Joel Bigalow relative to certain acts of Hostility which had taken place in the County of Cumberland by an armed force under the orders of Ethan Allan beg leave to report:
That it appears to them from the said letter and deposition, that disturbances have arisen in a certain District called the New Hampshire Grants claiming to be an Independent Sovereign State under the denomination by the stile of the State of Vermont which State District together with the States of New Hampshire and New York, have voluntarily submitted their claims to the decision of Congress as the supreme arbiter by formal acts of their respective legislatures, and that the said dispute is now depending before Congress on which no final decision has been reached, undecided.
Your Committee therefore do not think themselves at liberty to advise any measure to be taken by Congress which might prejudge such determination decision as Congress may think proper to take on the matter thus submitted to them.
But your Committee esteem it highly necessary for the welfare of the Union, and for giving vigor to the operations of the United force of America against the common enemy that internal peace should be preserved as well between the respective members of the Union as within each District thereof and therefore submit the following Resolution:
Resolved, That Congress recommend to the Inhabitants of the District called the State of Vermont to desist from Committed. all measures which may tend to the disturbance of
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the peace and tranquillity of the Union, which if not strictly adhered to must inevitably produce the most serious consequences as well to the Union in general as to the good people inhabiting the said State.
And in order that an effectual stop may be put to further animosities and disturbances among the States of New York, New Hampshire and Vermont and the people claiming to be Citizens of those States your Committee recommend the following resolve, viz.
Resolved, that Friday, sevennight be appointed to take into consideration and finally to determine the dispute concerning the Jurisdiction of the said District called the New Hampshire Grants.
Resolved, That tomorrow week be appointed to take into consideration and finally to determine on the report of the Committee of the 17th. April last relating to the dispute concerning the Jurisdiction of the said District called the New Hampshire Grants.1
[Note 1: 1 This report, in the writing of Theodorick Bland, except the last paragraph, which is in the writing of John Hanson, is in the Papers of the Continental Congress, No. 40, II, folio 343. It is indorsed: "Vermont paper; Montgomery, Bland, Carroll, Dyer, Witherspoon. Report delivered 15 October, 1782, read 17. Wednesday, 30 October, assigned for consideration."
On folio 319 is a copy of the first resolution, with a statement that it was referred to Mr. [John] Rutledge, Mr. [Samuel] Osgood and Mr. [David] Howell.
On this day, according to the indorsement, was read a report from a committee to the General Assembly of Maryland, and referred to the Secretary at War. It is in No. 70, folio 517.]
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