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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, 21 November, 1782
The court met; present as before.
A motion was made by the agents for the State of Connecticut, in these words:
Trenton, New Jersey, November, 1732.
Court of Commissioners, case Pensylvania, v. Connecticut.
And now the agents of the State of Connecticut, unwilling to give any unnecessary delay, but considering the magnitude of this cause, its length and intricacy, and the high importance that it should be thoroughly investigated, and not only justly determined, but in a manner satisfactorily to the parties concerned; and the State of Pensylvania, not having yet filed any declaration or state of their claim in this court, whereby the agents for Connecticut can know what the demands of Pensylvania are, or what they have to answer to, and knowing that there are many exhibits and proofs which will be essentially necessary in the course of said cause, which we have not, nor hath it been in our power to procure, viz. a certain original deed from the Indians, of a large parcel of the lands in dispute, obtained from their chiefs and sachems at their council fire in Onondaga, in A.D. 1763, which is now in England, left there before the commencement
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of the present unhappy war, and which we have never since been able to obtain; and other necessary evidence and proofs, which on examination we find we are not at present possessed of, which may be wanted in the course of said trial, and not yet knowing what concessions may be made on the part of Pensylvania, do consent to proceed in the trial of said cause; at the same time reserving to ourselves the right of moving in any stage of said trial, to have the same postponed, as the nature and exigencies of the case may require, and that the agents for Pensylvania have on their part the same advantages, and that this motion be made parcel of the files of this honorable court.
E. Dyer,
W. 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 35.]
Whereupon, the agents for the State of Pensylvania moved as follows:
The agents of Pensylvania, in answer to the written motion preferred by the agents of Connecticut, do say, that they are now ready, and have been for some time, to exhibit their claim on the part of Pensylvania, but have been delayed by the expectation founded on the promise made in the presence of the court by the agents of Connecticut, to file their claim at the same time. Yet they say in answer to that part of the said motion which claims the right of moving in any stage of the trial to have the same postponed, that the court ought not to hear and admit any motion to postpone the trial after the same has begun and proceeded to a hearing of the merits of the cause; and of this they pray the opinion of the court.
Wm. Bradford, Jun.
Jos. Reed,
James Wilson,
Jona. D. Sergeant.2
[Note 2: 2 This motion of the Pennsylvania agents is in the Papers of the Continental Congress, No. 77, folio 37.]
21 November, 1782.
After argument the court adjourned till to-morrow ten of the clock.
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