| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --Tuesday, 19 November, 1782
The court met pursuant to adjournment. Present, the honourable William Whipple, president; Welcome Arnold, William Churchill Houston, Cyrus Griffin and David Brearley, esquires.
John Neilson, esquire, took the oath of office as clerk of the court.
Proclamation was made for all persons concerned to attend the court and be heard.
William Bradford, jun. Joseph Reed, James Wilson, and Jonathan Dickinson Sergeant, esquires, appearing as agents, and Henry Osborne, esquire, as solicitor for the State of Pensylvania, produced their credentials and powers as recited in the journals of Congress, in these words:
(Here follows the powers as recited in the Journal of Congress of the 16 July, 1782:)
Which being read, were accepted by the court, and their appearance accordingly entered for the State of Pensylvania.
Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires appearing as agents for the State of Connecticut, produced their credentials and powers as they here follow:
Be it known, that we, the governor and company of the (L. S.) State of Connecticut, in America, have authorised, constituted and appointed, and by these presents do constitute, authorise and appoint the honorable Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires our agents, procurators and attorneys, in our name and behalf to appear, and us to represent, before the honorable court of commissioners, constituted, appointed and commissioned by the Congress of the United States, pursuant to the ninth Article of Confederation to be holden at Trenton, in New Jersey, on the twelfth day of November instant and at all other times and places where said court may be holden, to hear, judge and determine the controversy subsisting between the State of Pensylvania and the State of Connecticut, respecting the title, jurisdiction, possession and claim, to a certain territory of country, contained within the bounds and limits of the royal charter and patent of Charles the second, to the Governor and company of claimed by the State of Pensylvania. by these presents give and grant to our
Page 10 | Page image
said agents and attorneys, the said Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esquires, or either two of them, full and ample powers of attorney and procuration, for us and in our name and stead to pursue, implead, answer and defend, in all and singular, the questions, matters and things that shall be moved, or any way come before said court, relative to the controversy aforesaid; and to solicit, move, act and transact, in all things whatsoever which shall be found requisite and fitting, on the part of us the said Governor and company of the State of Connecticut, as fully and in as ample a manner as we ourselves might or could do, until final judgment shall be had and rendered in the premises. And we do hereby engage to hold good and valid in the law, what our said attorneys shall do in the premises in pursuance of the powers herein given to them, and the instructions they may, from time to time, receive from us, and to ratify and confirm the same, with power to employ counsel learned in the law as they shall judge needful. In testimony whereof, the governor has signed these our letters of attorney and procuration, and caused the seal of our said State to be affixed to them.
Done at Lebanon, in our said State, this first day of November, in the year of our Lord one thousand seven hundred and eighty-two, and in the seventh year of the independence of the United States of America.
Jonathan Trumbull.
By his Excellency's command:
George Wyllys, Secretary.1
[Note 1: 1 The original is in the Papers of the Continental Congress, No. 77, folio 25.]
Which being read, were accepted by the court, and their appearance accordingly entered for the State of Connecticut.
A motion was made by the agents for the State of Connecticut, that the petition preferred by the executive council of the State of Pensylvania to the United States in Congress assembled, praying that a court might be appointed for deciding the controversy subsisting between the said State and the State of Connecticut, or an authentic copy thereof, should be produced and read; which after argument was over-ruled by the court.
A motion in writing was then offered by the agents of the State of Connecticut, in the words following:
Trenton, November, A.D. 1782.
State of New Jersey, ss.t.
At a court of commissioners for the trial of the cause between the States of Connecticut and Pensylvania, relative to the jurisdiction
Page 11 | Page image
and property in certain lands lying west of Delaware river, within the charter boundaries of said States.
The agents for the State of Connecticut, saving to themselves all advantages of other and further defence in said cause, beg leave to suggest, inform, and give the court to understand that there are many persons who are tenants, in possession of the lands in controversy, holding, improving and claiming large quantities of said land, under titles from the States of Pensylvania and Connecticut respectively, particularly the two large companies of Delaware and Susquehanna, consisting of more than two thousand persons, many of whose people are in, possessing, improving and holding large tracts of said lands in controversy, under title from the State of Connecticut, whose titles under said States respectively win be materially affected by the decision in this case, yet have not been cited or any way legally notified to be present at said trial to defend their titles respectively, which, by the rules of proceeding in a course of justice, ought to be done before any farther proceedings are had in said case; and thereupon said agents move this honorable court to cause said companies of Delaware and Susquehanna, and other tenants in possession, holding under title from either of said states, to be duly cited in some proper and reasonable manner, to appear and defend at said trial, if they see cause, before any farther proceedings are had in said cause; and of this they pray the opinion of this honorable court.
E. Dyer,
Wm. S. Johnson,
J. Root,
Agents for Connecticut.1
[Note 1: 1 This motion of the Connecticut agents is in the Papers of the Continental Congress, No. 77, folio 29.]
After argument, the court adjourned till to-morrow ten of the clock
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |