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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 --WEDNESDAY, DECEMBER 8, 1784.
Congress assembled: Present as yesterday.
This being the day assigned for the appearance of the states of Massachusetts and New York, agreeable to the resolution of the 6th instant, and the United States in Congress assembled being informed, that the agents for the said states are now attending,
Ordered, That they be admitted.
The agents appeared accordingly, and produced their respective credentials, which were read as follows:
CREDENTIALS OF THE AGENTS FOR THE STATE OF MASSACHUSETTS.
Commonwealth of Massachusetts, in Senate, 11th November, 1784.
Whereas the legislature of this Commonwealth, by their petition to Congress, on the 27th day of May last past, alleged that certain lands to which the State of New York set up a claim, were the just and proper right of this Commonwealth, and Congress having given notice thereof to the said State, and appointed the first Monday of December next, to proceed in the premises, as by the Article of Confederation and perpetual union is directed:
Resolved, That the honorable John Lowell and James Sullivan, esqrs. with the delegates who shall actually represent this Commonwealth in Congress, on the first day of December next, or the major part of the persons before mentioned, be, and they hereby are constituted the lawful agents of this State, and are authorised and empowered, with such agent or agents as are or may be empowered therefor, on the part and behalf of the State of New York, to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the claims of the same state and of this Commonwealth, to the lands mentioned and described in the petition aforesaid: and in case the said State of New York shall neglect to attend by their agent or agents at the time appointed therefor by Congress; or if attending, the agent or agents of the said State and of this Commonwealth, cannot agree to appoint by joint consent, commissioners or judge for the purpose aforesaid, then the said agents of this Commonwealth, or the major part of
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them, are hereby authorised and empowered, to do and transact all matters and things whatsoever, which, by the said Articles of Confederation and perpetual union, are made necessary to be done and transacted on the part of this Commonwealth, for the appointment of commissioners or judges for the purpose aforesaid.
Sent down for concurrence, Samuel Adams, President. In the House of Representatives, November 11, 1784.
Read and concurred, Samuel A. Otis, Speaker.
Approved, John Hancock.
True Copy Attest:John Avery, jun, Secretary.1
[Note 1: 1 The credentials of the Massachusetts agents are in the Papers of the Continental Congress, No. 65, II, folio 233.]
CREDENTIALS OF THE AGENTS FOR THE STATE OF NEW YORK.
The People of the State of New York, by the grace of God, free and independent, to all to whom these presents shall come, send greeting: Know ye, That we having inspected the original acts of the legislature of our said State, remaining in our secretary's office, do find there a certain act passed the 12th day of November, 1784, in the words and figures following, to wit: "An act to appoint agents or commissioners for vindicating the right and jurisdiction of this state, against the claims of the Commonwealth of Massachusetts, pursuant to the Articles of Confederation and perpetual union of the United States. Whereas the United States of America in Congress assembled, at the city of Annapolis, on the third day of June last, did make and publish a certain act in the words following, that is to say: 'By the United States in Congress assembled, in the city of Annapolis, on the third day of June, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the independence of the United States of America, to the legislative authority of the State of New York, it is hereby made known, that pursuant to the ninth of the Articles of Confederation and perpetual union, the legislature of the Commonwealth of Massachusetts, have presented a petition to Congress in the words following: To the United States in Congress assembled, the petition of the legislature of the Commonwealth of Massachusetts sheweth, That whereas James the First, late King of Great Britain, by his Letters Patent, bearing date at Westminster, the 3d day of November, in the 18th year of his reign, granted unto the council established at
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Plimouth, in the county of Devon, and Kingdom of Great Britain, commonly called the council for planting, ruling and ordering and governing of New England, in America, all that part of America, lying and being in breadth from forty to forty-eight degrees of northerly latitude, and of length of and within all the breadth aforesaid, throughout the main lands from sea to sea, to hold the same to themselves, their successors and assigns for ever. And whereas the said council established at Plimouth, by their deed indented under their seal, dated the 19th day of March, in the third year of the reign of Charles the first, late king of Great Britain, did bargain, sell, enfeoff, alien and confirm, unto Sir Henry Roswell and his associates, and to their heirs and assigns, all that part of New England in America, which lieth and extendeth between a great river called Merrimack, and a certain other river there called Charles river, being the bottom of a bay there called Massachusetts Bay, and also all those lands lying within three English miles to the southward of the southernmost part of the said bay, and extending thence northward in latitude to the northward of every part of the said river Merrimack, and in the breadth of latitude aforesaid, extending throughout all the main land in longitude westwardly to the southern ocean And the said legislature in their claim herein described, do aver, that the point or place situate three miles south of the bay called Massachusetts Bay, is a point or place situate in forty-two degrees of northern latitude, two minutes north; and that the place, point or boundary aforesaid, of three miles to the northward of every part of the river Merrimack, is a place or point situate in forty-four degrees northern latitude fifteen minutes north; and that by the grant aforesaid, the said Sir Henry Roswell and his associates became seized of all the lands before described and contained in the grant aforesaid, of the said council established at Plimouth; and that the same grant was confirmed to the said Henry Roswell and his associates, by the said king Charles, by his letters patent, dated in the fourth year of his reign; and that the said Sir Henry Roswell and his associates, were immediately, upon the making the grant aforesaid, by the said council, in the actual seizin and possession of all the lands aforesaid, and for many years held the same under the name and title of the Governor and Company of Massachusetts Bay in New England; and that such proceedings and possessions have been done and had, respecting the territory aforesaid
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granted to the said Sir Henry Roswell and his associates, and such subsequent grants have been made of the same, that all the said territory is now the just and proper right of the Commonwealth aforesaid, and all this the said legislature are ready to verify. "And whereas the State of New York have set up a claim to some part of the land before mentioned, and it being highly necessary to have the same claim brought to an immediate decision, they do therefore in behalf of the said Commonwealth, most solemnly request the United States of America in Congress assembled, that commissioners may be appointed, for enquiring into and determining upon the claim aforesaid of the said legislature, and that such other proceedings respecting the premises may be had, as are by the foederal government of the said United States in such cases made and provided; and that the first Monday in December next is assigned for the appearance of the said states of Massachusetts and New York by their lawful agents, at the place in which Congress shall then sit, to proceed in the premises as by the said Articles of Confederation and perpetual union is directed.' 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 James Duane, John Jay, Robert R. Livingston, Egbert Benson and Walter Livingston, esqrs. shall be, and they hereby are declared to be agents for this State, in the controversy between this State and the said Commonwealth of Massachusetts, in the said recited act of the United States in Congress assembled mentioned; and the said James Duane, John Jay, Robert R. Livingston, Egbert Benson and Walter Livingston, esqrs. or any two or more of them, are hereby authorised and directed, on the day and place for that purpose in the said act limited, and at such other times and places as the occasion shall require, in behalf of this State, to appear before the said United States in Congress assembled, in order by the joint consent of them the said agents or any two or more of them, and the agents on the part of the said Commonwealth of Massachusetts, to appoint commissioners or judges to constitute a foederaI court for hearing and determining the controversy aforesaid; and if it shall so happen, that the agents for the said State of New York and Commonwealth of Massachusetts respectively, shall not agree by joint consent in appointing commissioners or judges to constitute such court, then it shall and may be lawful to and for the said agents on
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the part of this State, or any two or more them, and they or any two or more of them are hereby authorised and required to proceed in behalf of this State to the appointment of such commissioners or judges, in the manner and form1 directed and prescribed in and by the said Articles of Confederation and perpetual union, and also to appear before the said commissioners or judges when lawfully constituted, and there to represent this State, and to manage, vindicate and defend the rights and jurisdiction thereof, against the claim of the said Commonwealth of Massachusetts, by all lawful ways and means, with full power and authority, to employ such council learned in the law, and such sollicitors as they shall think necessary to enable them more effectually to discharge the trust reposed in them by this act. And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the secretary of the State of New York, and the clerk of the City and County of Albany, or their respective deputies, and for the respective clerks of the senate and assembly of this State, to produce on the hearing of the controversy aforesaid, and for that purpose to convey out of the State all such original papers remaining in their respective orates, as by the agents herein appointed to manage the controversy aforesaid, on the part of this State, or any two or more of them, shall be judged necessary for the better manifestation of the boundaries and jurisdiction of this State: Provided always, and be it further enacted by the authority aforesaid, that this act, or any article, clause, matter or thing herein contained, shall not extend or be deemed, construed, adjudged or taken to annul, alter, or in any wise affect certain articles of agreement made and concluded upon the 18th day of May, in the year of our Lord one thousand seven hundred and seventy-three, between commissioners appointed by an act of the legislature of the late colony of New York, and commissioners appointed by an act of the legislature of the late colony of Massachusetts Bay, nor to annul, alter or in any wise affect a certain instrument in writing, bearing date the 18th day of May, in the year last aforesaid, under the hands and seals of the then governors of the said colonies of New York and Massachusetts Bay respectively, signifying their approbation of the said agreement, nor any act or proceeding in pursuance of the said articles of agreement,
[Note 1: 1 From this point the entry in the Journal is in the writing of Benjamin Bankson.]
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which have been done and performed since the settlement of the said jurisdiction line, by commissioners and surveyors appointed as well on the part of this State, while the colony of New York, as on the part of the State or Commonwealth of Massachusetts, while the colony of Massachusetts Bay, respecting the running and marking in part the jurisdiction line in the said articles of agreement described; nor any act or proceeding which is now doing and performing, or shall be done and performed by the commissioners and surveyors appointed on the part of this State, and on the part of the State or Commonwealth of Massachusetts, to complete the said jurisdiction line, according to the true intent and meaning of the said articles of agreement. And be it further enacted by the authority aforesaid, that a certain act of the legislature of this State, entitled 'An act to empower the Congress of the United States, of America, to determine all controversies relative to certain lands in the counties of Cumberland, Gloucester, Charlotte and Albany, commonly called the New Hampshire Grants,' passed the 21st day of October, 1779, so far as the same act respects claims or boundaries in controversy between this State and the State or Commonwealth of Massachusetts Bay, be, and the same hereby is repealed." All which we have caused, by these presents, to be exemplified. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said State of New York to be hereunto affixed. Witness our trusty and well beloved George Clinton, esq. our governor of our said State, general and commander in chief of all the militia, and admiral of the navy of the same, at our city of New York, the 1st day of December, in the year of our Lord one thousand seven hundred and eighty-four, and of our independence the ninth.
George Clinton."1
[Note 1: 1 The credentials of the New York agents are in the Papers of the Continental Congress, No. 75, folio 167.
At this point Charles Thomson resumes the entries in the Journal.]
The credentials being read, the agents withdrew; Whereupon,
Ordered, That the Secretary furnish the agents of each party with copies of the credentials of the other, and that they appear again on Friday next; and that they then inform
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the United States in Congress assembled, whether they have any, and what objections, to the credentials produced.
The committee, consisting of Mr. [David] Howell, Mr. [Egbert] Benson, Mr. [Samuel] Holten, Mr. [James] Monroe and Mr. [Gunning] Bedford, appointed to revise the system of the War Office, and report such alterations as they may judge necessary, reported the draught of an ordinance, which was read a first time:
Ordered, That Wednesday the 15 of this present month be assigned for a second reading.
Ordered, That the election of a Secretary at War be postponed, until the United States in Congress assembled shall have determined on the Ordinance for regulating the War Office.
The Committee of the week [Mr. Charles Pinckney, Mr. Joseph Platt Cooke and Mr. William Gibbons] beg leave to report, that the petition of James Heard respecting the settlement of the accounts of Col. Lee's legion and of James Manning and several others late Serjeants in the light dragoons be referred to the Secretary at War as soon as such an appointment shall take place. 1
[Note 1: 1 This report, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 32, folio 577. The indorsement states that it was passed on this day.
The petition of James Heard was read this day. It is in the Papers of the Continental Congress, No. 42, III, folio 469.
Also, a petition from James Rumsey. It was referred to Mr.[Egbert]Benson,Mr. [Hugh] Williamson, Mr. [William Churchill] Houston and Mr. [Pierce] Long. Committee Book, No. 186, shows that the committee was renewed January 17, 1785.
Also, a letter of November 25 from the Marquis Lafayette to John Jay. It is in No. 156, folio 396.]
And that the memorial of James Warren respecting the settlement of his accounts with the Commercial Committee and other matters therein contained be referred to a special Committee.1
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