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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, DECEMBER 5, 1782.
According to the order of the day, Congress proceeded to the election of two judges for the court of appeals in cases of capture; and the ballots being taken, Mr. John Lowell, and Mr. George Read were elected, the former having been nominated by Mr. [Samuel] Osgood, and the latter by Mr. [Thomas] Fitzsimmons.
Congress resumed the consideration of the report of the committee on the report of a committee on Governor Clinton's letter of the 16 of September, &c. as entered on the journal of the 14 of November last; and the same being postponed,
A motion was made by Mr. [Thomas] McKean, seconded by Mr. [Alexander] Hamilton, in the words following:
Whereas it appears to Congress, by authentic documents, that the people inhabiting the district of country on the west side of Connecticut river, commonly called the New Hampshire Grants, and claiming to be an independent State, in contempt of the authority of Congress, and in direct violation of their resolutions of the 24 of September, 1779, and of the 2 of June, 1780, did, in the month of September last, proceed to exercise jurisdiction over the persons and properties of sundry inhabitants of the said district, professing themselves to be subjects of, and to owe allegiance to the State of New York, by means whereof divers of them have been condemned to banishment, not to return on pain of death and confiscation of estate; and others have been fined in large sums and otherwise deprived of property; therefore,
Resolved, That the said acts and proceedings of the said people, being highly derogatory to the authority of the United States, and dangerous to the Confederacy, require the immediate and decided interposition of Congress, for the protection and relief of such as have suffered by them, and for preserving peace in the said district, until a decision shall
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be had of the controversy, relative to the jurisdiction of the same:
That the people inhabiting the said district claiming to be independent, be, and they are hereby, required, without delay, to make full and ample restitution to Timothy Church, Charles Timothy Phelps, Henry Evans, William Shattuck, and such others as have been condemned to banishment and confiscation of estate, or have otherwise been deprived of property since the first day of September last, for the damages they have sustained by the acts and proceedings aforesaid; and that they be not molested in their persons or properties, on their return to their habitations in the said district:
That the United States will take effectual measures to enforce a compliance with the aforesaid resolutions, in case the same shall be disobeyed by the people of the said district:
That no persons holding commissions under the State of New York, or under the people of the said district claiming to be independent, exercise any authority over the persons and properties of any inhabitants in the said district, contrary to the forementioned resolutions of the 24 of September, 1779, and the 2 of June, 1780:
That a copy of the aforegoing resolutions be transmitted to Thomas Chittenden, esq. of Bennington, in the district aforesaid, to be communicated to the people thereof.1
[Note 1: 1 This motion, in the writing of Alexander Hamilton, is in the Papers of the Continental Congress, No. 36, I, folio 479.
The following undated motion, in the writing of Hugh Williamson, is in No. 36, II, folio 89; it was negatived:
That the Secretary at War take order for causing to be delivered to Thomas Chittenden, Esq., the late Resolutions respecting the Inhabitants on the District of Country call'd the New Hampshire Grants west of Connecticut River, and that he take measures to inform himself particularly relative to the disposition of the said Inhabitants, their views and designs, and communicate such Information to Congress.]
A motion was made by Mr. [David] Howell, seconded by Mr. [Abraham] Clark, to strike out the following clause: "that the United States will take effectual measures to
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enforce a compliance with the aforesaid resolutions, in case the same shall be disobeyed by the people of the said district."
A motion was made by Mr. [James] Madison, seconded by Mr. [Thomas] McKean, that the question for striking out the clause be postponed until a question is taken on a motion for amending a previous part of the motion, by striking out the words "and dangerous to the confederacy, require the immediate and decided interposition of Congress," and in lieu thereof inserting "interposed in pursuance of the act passed on theday ofby the State of New Hampshire, and the act passed on theday ofby the State of New York, two of the states claiming the same, and for the purpose of preserving the peace and interests of the confederacy, require immediate and effectual measures:"
And on the question for postponing, the yeas and nays being required by Mr. [David] Howell,
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So the question was lost.
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On the question, shall the clause moved to be struck out stand.? the yeas and nays being required by Mr. [David] Howell,
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So it was resolved in the affirmative.
The motion for amending the former part of the original motion, as before recited, was then made by Mr. [James] Madison, seconded by Mr. [Thomas] McKean:
And on the question to agree to the amendment, the yeas and nays being required by Mr. [David] Howell,
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So the amendment was lost.
On the question to agree to the original motion, the yeas and nays being required by Mr. [David] Howell,
{table}
So it was resolved in the affirmative.
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