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That in answer to the remaining part of the letter, which represents that the state of New Hampshire was over-rated in the requisition made by Congress on the 2d of November last, and contains a return of its inhabitants, amounting to 82,200 only, the president of the said state be informed :
That as a valuation of land throughout the United States, which the in strument of confederation prescribes as the rule for apportioning the public burthens on the several states, was under present circumstances manifestly unattainable, Congress were obliged to resort to some other rule in fixing the quotas in the requisition of November last :
That the number of inhabitants in each state, having been a rule observed in previous requisitions of money, naturally presented itself as the most eligible one :
That as no actual numeration of the inhabitants of each state hath yet been obtained by Congress, the computed number which formed the basis of the first requisition made on the states the 29th of July, 1775, was adhered to:
That although the particular nuneration of the inhabitants of New Hampshire, as stated in the letter, should have been made with due accuracy, still a reduction of its quota in conformity thereto, might produce injustice to the other states; since the computation of July, 1775, may as far esceed their real number as it has been found to exceed that of New- Hampshire :
That if the justice of the application from New-Hampshire were less uncertain, it would at this season be impossible to superadd to the quotas of the other states, any deduction from that of New Hampshire, and to make such deduction without superadding it to the quotas of the other states, would leave a deficiency in the revenue which has been found on calculation, to be essential for the exigencies of the current year:
That the other facts stated by him in his letter, however well founded they may be, are not peculiar to New Hampshire, and if admitted for the purpose to which they are applied, would authorize and produce similar demands from other states :
That for these considerations, and more especially as the apportionment in question, if hereafter found to be erroneous, will be subject to correction, Congress cannot comply with the request made in behalf of New-Hampshire, and confide in the justice and public spirit of the said state for those exertions which may be necessary to prevent a deficiency in the public revenue.
å motion was inade by Mr. Livermore, seconded by Mr. Osgood, that the consideration of the report be postponed, in order to make way for the following resolution :
That 66,512 dollars be deducted from the sum set to the state of New-Hampshire by the resolution of the 2d of November last, as her quota of eight million of dollars for the service of the year 1782, it appearing that New Hampshire is over-rated that sum.
On the question for postponing, the yeas and nays being required by Mr. Livermore, N.-Hampshire, Mr. Livermore, ay >
Delaware, Mr. M'Kean,
no 2 Massachusetts, Mr. Patridge,
no Rhode-Island, Mr. Ellery,
S.-Carolina, Mr. Middleton,
no s New Jersey, Mr. Condict, ау
Georgia, Mr. 'Telfair,
no ) Pennsylvania, Mr. Clymer,
N. W. Jones, s
WEDNESDAY, April 3, 1782.
no no s
y JOURNALS OF CONGRESS, 1782.
Mr. Lovell, a delegate for Massachusetts, attended, and took his seat.
On a report of a committee, consisting of Mr. Cornell, Mr. Madison, Mr. Middleton, to whom was referred a resolution passed by the legislature of the state of South-Carolina, on the 14th of February, 1782,
Resolved, That the said resolution be referred to the commander in chief, to take order in the way he shall think most proper to carry the same into effect.
Ordered, That Mr. Motte have leave of absence.
A motion was made by Mr. Madison, seconded by Mr. Scott, in the following words:
Congress having by a resolution of the first instant, referred to a com mittee sundry papers received from Jonas Fay, &c. together with the other pa pers on the files of Congress, relating to the same subject, received since the 20th of August last: the yeas and nays having been required on the question, and of the papers so committed, such part only having been entered on the journal of the said day, as purports on the part of the New Hampshire Grants, a compliance with a preliminary requisition contained in the resolution of Congress of the 20th of August last, the proceedings of Vermont from the 16th to the 19th of October last, rejecting the same, and sundry resolutions of the state of New-York, of the 15th and 19th of November last, both included among the papers referred, being omitted ; and an entry on the journals thus partially stating the case, having a tendency to misinform and mislead the public judgment, as well as to defeat the purpose of calling for the yeas and nays, as aů. thorized by the 9th article of the confederation, and Congress having adjourned on the 2d instant, whilst the journal of the preceding day was under consideration, whereby the opportunity of then supplying the omission was lost :
Resolved, That the secretary bě authorized and directed to enter on the journal of the first instaut, as of the proceedings of that day, the said proceed. ings and the said resolutions of the state of New-York, which are in the words following, to wit:”
On the question to agree to this, the yeas and nays being required by Mr.
N.-Hampshire, Mr. Livermore,
Pennsylvania, Mr. Smith,
Delaware, Mr. Dickinson,
Maryland, Mr. Hanson,
Mr J. Jones,
S.-Carolina, Mr. Middleton,
N. W. Jones,
After the yeas and nays were taken, a dispute arose, whether the two papers referred to should be entered after the words “to wit;" and it being con. tended, on the one hand, that the papers were handed in with the motion, and ought to be considered as part of the motion, and on the other hand, this being objected to, the secretary desired direction on the matter, but after debate, the house adjourned without giving any direction respecting the entry.
THURSDAY, April 4, 1782. On motion of Mr. Liverinore, seconded by Mr. Clark,
Ordered, That the two papers referred to by the words "to wit,” in the motion of yesterday, be fully entered in the journal as a part of that motion.
The papers are as follows:
“STATE OR VERMONT, CHARLESTOWN, 16th of Oewber, li8i. The government and council having joined the general assembly in a committee of the whole, to take into consideration the report of the honorable Jonas Fay, Ira Allen and Bezaleel Woodward, esqrs. who were appointed by the legislature of this state, in the month of June last, to repair to the American Congress with powers to propose to, and receive from them terms for an union of this with the United States, &c.
His Excellency THOMAS CHITTENDEN, esq. in the chair : The said agents laid before the committee the following papers, which were read by the secretary in their order, viz.
1st and 2d. A copy of their letter to the president of Congress, of the 14th of August last, enclosing a duplicate of their commission.
3d. The resolutions of Congress of the 7th and 8th of August last. 4th. Brigadier-general Bellows and associates' petition to New-Hampshire, 25th May, 1781. 5th. Petition of the select men of Swanzy to New Hampshire, June 9th, 1781. 6th. Hon. Mesheck Wear's letter, to be laid before Congress, dated 2uth June, 1781.
7th. Messrs. Duane and Ezra L'Hommedieu's memorial and prayer to Congress of the 3d day of August, 1781; together with Ira Allen and Stephen R. Bradley, esquires' remonstrance to Congress, dated September 22d, 1780.
8th. Resolve of Congress, dated 17th August, 1781.
10th. Questions proposed to the agents of Vermont by the committee of Congress, August 18th, 1781.
11th. The foregoing questions, with the answers annexed. 12th. Resolutions of Congress of the 20th August, 1781.
The further consideration of the report being referred, adjourned till to-morrow morning nine o'clock.
October 17. Met according to adjournment.
The committee proceeded to the consideration of the resolutions of Congress of the 20th day of August aforesaid, and other papers mentioned in the report of said agents, and after some time spent thereon, resolved, that in the opinion of this committee, the legislature can. not comply with the resolutions last referred to, without destroying the foundation of the present universal harmony and agreement that subsists in this state, and a violation of solemn compact entered into by articles of union and confederation.
The further consideration of the report being postponed, adjourned to nine o'clock tomorrow morning.
Resolved, That inasmuch as the resolutions of Congress of the 7th and 20th of August last, did by no means comport with, but entirely preclude any propositions made by our agents ; it is therefore the opinion of this committee, that the propositions made by our agents to the committee of Congress on the 18th of August last, ought not in future to be considered as binding on the part of Vermont.
Resolved, That it be, and is hereby recommended to the legislature of this state, that their thanks be returned to their honourable agents for their good services in behalf of this state, on the business of their late mission to the Congress of the United States of America.
And this committee recommend to the legislature of this state, to remain firm in the prin. ciples on which the state of Vermont first assumed government; and to hold the articles of union which connect each part of the state with the other, inviolate ; and for the further information and satisfaction of the honorable the Congress and the world, do recommend to the legislature to publish the following articles, which respect the admission of Vermont into the federal union, viz.
Art. 1st. That the independence of the state of Vermont be held sacred, and that no member of the legislature shall give his vote or otherwise use his endeavours to obtain any act or resolution of assembly that shall endanger the existence, independence, and well-being of said state, by referring its independency to the arbitrament of any power.
Art. 2d. That whenever this state becomes united with the American states, and there shall then be any disputes between this and any of the United States, the legislature of the state of Vermont will then (as they have ever proposed) submit to Congress or such other tribunal as may be mutually agreed on for the settlement of any such disputes.
And that the impartial world may be fully convinced of the good and laudable disposition of Vermont, and of her readiness to comply with any reasonable proposal, for the adjustment of the disputes respecting boundary lines between this and the neighbouring states of NewHampshire and New-York, this committee further recommend to the legislature to make the following proposals to the said states of New Hampshire and New-York respectively : that whereas disputes have arisen between the states of New-Hampshire and Vermont relative to jurisdictional boundary lines, &c. the legislature of Vermone being willing and desirous, as
much as in them lies, to promote unity and good accord between the two states, do propose to the state of New-Hampshire, that all matters relating to the aforesaid dispute, shall be submitted to five or more judicious unprejudiced persons, who shall be mutually agreed on, clected and chosen by a committee of legislature on the part of each state respectively.
And that the states of New-Hampshire and Vermont do pledge their faith, each to the other, that the decision had by the persons so elected, being made up in writing, signed by the president of such commissioners, and delivered to the secretary of each state respectively, shall be held sacredly binding on each of the said states of New-Hampshire and Vermont for ever.
And that proposals of the same tenor be also made to the legislature of New-York.
And this committee do further recommend, that nine persons be elected commissioners by the legislature on the part of Vermont, to treat with commissioners to be elected on the part of New-Hampshire and New-York respectively, for the adjusting the aforesaid jurisdictional boundary lines.
And that they be commissioned by his excellency the governor, and the faith of this state be by him pledged, in behalf of the state, that the decision thus had, shall in future be held as sacredly binding on the part of Vermont.
The committee further recommend to the legislature, that the proceedings of this committee, be officially transmitted to the Congress of the United States; and that they be enclosed in a letter, under the signature of his excellency the guvernor, and directed to the president of Congress.
And this committee do further advise the legislature to recommend to the authority in every part of the state, to remain firm in the support of government, and the punctual execution of the laws, not withstanding the various measures taken to create divisions and discord.
The commissioners chosen for the above purpose, the honorable Elisha Paine, Jonas Fay, Ira Allen and Peter Olcott, esqrs. Daniel Jones, esq. colonel Gideon Warren, Phineas Whiteside, esq. colonel Joseph Caldwell and Ezra Stiles, esq.
Resolved, That it be an instruction to the said commissioners, that they prepare and make the necessary defence in the premises, and that they introduce the said matters to NewHampshire and New-York, in such way as to them shall appear best.
October 19, 1781. Voted that this committee be dissolved.
(Signed) BEZA WOODWARD, clerk of committee. “State of Vermont, in General Assembly, Charlestown, October 19, 1781. The aforesaid report being read and question being put, it was unanimously approved and accepted.
(Signed) ROSWELL HOPKINS, Clerk. In council, 19th October, 1781. Read and concurred.
(Signed) JOSEPH FAY, Secretary." “ State of New-York, in Senate and Assembly, the 15th and 19th days of November, in the 6th year
of the independence of the said state, 1781 : Resolved, That it appears from sufficient evidence that Congress did by their act of the 24th of September, 1779, inter alia, earnestly recommend to the states of New-Hampshire, Massachusetts-Bay and New-York, to pass laws expressly authorizing Congress to hear and determine all differences between them relative to their respective boundaries, in the mode prescribed by the articles of confederation; and also by express laws for the purpose to refer to the decision of Congress all differences or disputes between them relative to jurisdiction, which they might respectively have with the people of the district called the New-Hampshire Grants; and also to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the said states respecting titles to lands lying within the said district, and also that Congress did thereby pledge their faith, after a full and fair hearing of all the said differences and disputes, to decide and determine the same according to equity, and carry into execution and support their determinations and decisions in the premises.
Resolved, That it appears from the like evidence, that at the time of passing the said act, and for above a century and an half before, to wit, from the first settlement of the colony of New-York, now the state of New York, the said colony and this state included by most indubitable right and title, both of jurisdiction and property, all the lands among others to the Westward thereof, lying north of the north bounds of the Massachusetts-Bay up to the latitude of 45 degrees north, and extending between those boundaries from Hudson's river to Connecticut river, including the waters of the northern lakes, and other waters within those boundaries: that the above extent of territory, which includes the district called the NewHampshire Grants, was by a decree of the British king, to whom the sovereignty thereof as parcel of the colony of New-York belonged, made in his privy council the 20th day of July, 1764, between the colonies of New-York and New.Hampshire, declared to be parcel of the said colony of New-Fork: that in consequence thereof the government of the colony of New-Hampshire, expressly ceded and relinquished all claim and title of jurisdiction to the
above territory: that thereupon the same was, by acts of legislation of the colony of NewYork, formed into counties, and such parts thereof as were settled were represented in the legislature of that colony : that they were also represented in the provincial Congress and convention of this state of New-York, received aids from them as parcel of this state both before and after the declaration of the independence of these United States; assisted by their representatives in forming the constitution of this state, and fully submitted to the jurisdiction thereof till in the year 1777.
Resolved, That it appears of record, that notwithstanding the above clear and conclusive evidence of right on the part of this state of New-York to the territory above described, including as aforesaid the New-llampshire Grants, and though the legislature of this state might therefore consistently with the strictest justice, have asserted their dignity and sovereignty over the district of the New Hampshire Grants : yet they respectfully adopting the sentiments of Congress, that it was essential to the interest of the whole confederacy, carefully to avoid all intestine dissentions and maintain domestic peace and good order, acquiesced in the submission recommended by the said act of Congress, and accordingly on the 21st day of October, 1779, passed a law of this state for that purpose.
Resolved, That it satisfactorily appears that in consequence of said law, the agents thereby appointed to manage the controversy on the part of this state, at very great public expense collected the necessary evidence to support the facts asserted in the second above mentioned resolution ; and that after many and repeated delays, they were at length, on the 19th day of September, 1780, in the presence of all the parties interested, (except the state of Massachusetts-Bay, who had not passed the necessary act of submission) indulged with an hearing before Congress; in the course of which such evidence as above mentioned was produced on the part of this state, as in the opinion of the agents of this state fully proved to Congress, the several facts contained in the said second above mentioned resolution, and that on the 27th day of the same month, all parties being present (except the state of MassachusettsBay, and Messrs. Allen and Bradley, agents for the people of the New Hampshire Grants, claiming to be a separate independent jurisdiction, who though duly notified then declined any further attendance) the state of New Hampshire who had also submitted by their legislative act, had an hearing in Congress in support of their claim to the jurisdiction over the district called the New-Hampshire Grants: that this state has on their part fully complied with every requisite contained in the said act of Congress, of the 24th day of September, 1779, and has accordingly from that day to this, abstained from the grant of any lands within the said district, and also from the exercise of jurisdiction over any of the inhabitants of the said district, who had not acknowledged the same, that on the contrary the revolted inhabitants of the said district having arbitrarily erected themselves into a separate and independent state, unrecognized as such until this day, by this state, or the other United States, and having framed a government, they have passed laws, granted lands, and exercised civil and military authority over the persons and property of those inhabitants, who profess themselves to be subjects of this state, in manifest subversion of the right of sovereignty and property of this state, and in direct contempt and infringement of several acts of Congress: that although they had contented themselves with the exercise of jurisdiction principally up to a line running nearly parallel to Hudson's river, at 20 miles distant therefrom, until the month of June last; yet at that time, notwithstanding the censure and prohibition of Congress and in contempt of their recommendation and authority, by an act of their usurped government, they extended a jurisdictional claim over all the lands situate north of the north line of the state of Massachusetts, and extending the same to Hudson's river, then cast of the centre of the deepest channel of said river to the head thereof, from thence east of a north line, being extended to latitude 45 degrees, and south of the same line including all the lands and waters to the place where the said pretended state then assumed to exercise jurisdiction, inserting at the same time in their said act a clause not to exercise jurisdiction within their jurisdictional claims for the time being: that of all these matters Congress have been fully apprized, and though repeatedly solicited thereto by the delegates of this state, have not hitherto made any decision and determination of the said controversy according to equity, as by their said act of the 24th day of September, 1779, they pledged themselves, and by the law of this state they were authorized to do: that to put an end to this delay so injurious to the jurisdiction of this state, so subversive of its interests, peace and polity, so promotive of a repetition of those violent acts of usurped civil and military authority, which in the judgment of Congress declared in their resolution of the 2d of October, 1780, were highly unwarrantable and subversive of the peace and welfare of the United States, and from which they require the peopie inhabiting the said grants to desist, until the decision and determination of Congress in tie premises, they have actually presumed to exercise sovereign authority and jurisdiction, to the full extent of their jurisdictional claim, by appointing civil and military officers, making kevies of men and money, rescuing delinquents from the hands of justice of this state, at the expense of the blood and the loss of the life of one of the subjects of this state, in the execution of his lawful duty, and forbidding the officers of justice of this state to execute their offices as appears from the papers attendant on his excellency the governor's speech, and other duc information, that anong these to shew the actual exercise of jurisdiction by the