John Jay Papers
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From John Jay to George Clinton, 25 September 1779, enclosing Resolutions of the Continental Congress

To George Clinton

[Philadelphia, 25 September 1779]

Dr Sir

Whether the Resolutions of Congress ^herewith enclosed of the 24th Inst.^ ^herewith enclosed^1 providing for the Settlement of all Disputes between you ^New York^ and your ^her^ Neighbours as well as revolted Subjects ^Citizens^ will please you as ^my Constituents^ as much as they do me is uncertain—nor am I convinced of the Propriety ^Prudence^ of my committing to Paper all the Reasons which induce me to think ^them^ (all Circumstances considered) perfectly right— Some of them however I shall communicate.

My first object ^on coming here^ was to prevail upon Congress to intermeddle ^interpose^ tho in the smallest Degree—well knowing that if they could once interfered tho ever so little, they might with more Ease be led to a further & more effectual Interposition—

When I first on ^Soon after^ my Arrival here I found the following Objections to an Interference with Vermont generally prevailing.

1 That Congress being instituted for the sole Purpose of opposing the Tyranny of Britain & afterwards for ^of^ establishing our Independence had no Authority to interfere in the particular Quarrels of any State— Hence it is without all their former Resolutions on the Subject were merely negative.

2 That the Confederation had not yet taken Place, & that the Business should be postponed ’till all the States had acceded, wh an Event then daily expected.

3d That that this ^it^ was an improper Season to interfere, and that the Attention of Congress ought not to be diverted from the general Objects of the War till the Restoration of Peace.

4 That harsh Measures against Vermont might induce them to join the Enemy, & encrease their Force—

5 That they possessed a strong Country were numerous warlike & determined & therefore that it would require more ^more^ Force ^wd be required^ to reduce them than could be spared from the general Defence—

These were ^some of^ the ostensible Objections— Besides which I had Reason to suspect the following private ones—

1st. That divers Persons of some Consequence in Congress and New England expected to advance their Fortunes by Lands in Vermont.

2d. That Vermont acquiring Strength by Time would become so formidable that their Independence would [illegible] after being actually established at length be ^independent, & afterwards^ acknowledged to be so.

3d That being settled by New England People & raised into Conseqence by New England Politics ^it^ would be a fifth New England State and become a valuable Accession of Strength those Conf. States ^both^ in ^& out of^ Congress—

4 That ancient Animosities between New York & New England naturally inclin’g the former to side with the middle & southern States, the less formidable she was the better & therefore the Loss ^or Separation^ of that Territory was ^rather^ to be wished for than opposed

These and many other Considerations of the like Nature induced me to postpone bringing on the Matter till I could have an opportunity of preparing the Way for it [both?] ^by^ acquiring a Knowledge of the Characters then in Congress &ca.

It is also proper to observe that the House was for the greater Part of the Winter ^so^ distracted & heated by Party Divisions on Points of great general Importance that it would have been ^improper &^ imprudent to have called upon Them to decide on this ^delicate^ Business I was charged with, till more temper and Calmness should ^had^ taken Place—when these began to appear the Subject was introduced, and you have had a Copy of the Resolutions proposed by New York on that occasion—2 Against them all the Objections before mentioned operated—with the additional one that it would be highly unjust ^& impolitic^ to determine against Vermont without ^previous^ Inquiry into the Merits of their Claims & giving them an opportunity of being heard— This Objection so far as it respected their claim to Independence was absurd tho plausible—but it was not to be overcome— And tho we might have carried a Resolution against it by a Slender Majority that Majority would have consisted of southern Members against a violent Opposition from New England them joined by Pennsylvania and Jersey divided ^& their adherents^. A Resolution carried under such circumstances wd. rather have encouraged than disheartned Vermont & was therefore ineligible.

Hence I conceived it to be expedient to join in and promote the Measure of appointing the ^a^ Com[mitte]e of Inquiry3—knowing that if Congress proceeded to inquire it would be a Ground for pressing them to go further and determine—especially as I was apprized that the Result of these Inquiries would be in our Favor.

The Committee you know never met had ^no^ formal meeting—it nevertheless had its Use— The individual Reports of the Members who composed it advanced our Cause, and even Mr. Witherspoon who was and is suspected by New York, made Representations in our Favor—

Your last Resolutions were of infinite Service they by evincing the Moderation Justice & Liberality ^and at the same Time the Spirit^ of the State,4 and ^[while?] on the other Hand^ the Law of Vermont for cro whipping cropping and branding your magistrates made an Impression greatly to their Disadvantage— Before these different Emotions should ^have time to^ subside I thought it prudent to ^as well as in obedience to our Instructions I^ pressd ^Congress^ from Day to Day to adopt such Measures as the ^public^ Exigencies called for, and not avoid permitting ^thereby prevent^ the Flames of civil War to ^from^ rage^g^

It would not I believe have been difficult to have obtained what you some among you would call very spirited and pointed Resolutions, but wh[ich] in my opinion would have been ^very^ imprudent ones because ^among other Reasons^ they wd. not have been unanimous—

I shall now proceed to copy the Resolutions in [one Column & set off in each?] my Reasons for thinking them proper on the other ^You will find the Recitals and particular Resolutions numbered in the margin of the Copy herewith enclosed, from 1 to 13— To [for each of them I have?]^5 I shall trouble you with a few explanatory Remarks on each of them—under Heads numbered in like Manner. [illegible]

1 & 2— These [was an?] Recitals was ^were^ inserted to shew the Reason why Congress now proceed without the Report of the Com[mitte]e, after having resolved to postpone the further Consideration of the Subject till such their Report should be made—

3— This Recital justifies the Facts set forth in your Representations, and in Case an Appeal to the public shd become necessary, may be used with advantage to New York.

4 This Recital destroys the Doctrine that the union union ^(independent of the Articles of Confederation)^ had no other object than Security against foreign Invasions—

5— This Recital is calculated to impress the People with an Opinion of the Reasonableness ^& Policy^ of the Requisition or Recommendation which follows, and therefore will the more readily induce these States to adopt the Measures recommended to them—

6 You may enquire for what Reasons I consented to this Recital ^solution^, as it puts New York ^Massachusetts & New Hampshire^ and New York on a Footing ^with New York^ whereas I well knew that New York alone had a Right to claim Jurisdiction over Vermont. my Reasons were these— Vermont extends over Connecticut River into the acknowledged Jurisdiction of New Hampshire—as to Massachusetts, the Recital ^Resolution^ ^Recital^ admits only her Claim not her Title—and it ^is^ as Impossible to deny the Existence of Claims when made as it is to prevent them— Their Delegates pointedly asserted ^& insisted on^ the Claim of Massachusetts, and it appeared to me expedient to provide for a speedy Determination of all Claims against us, however un ill founded— You may further ask why Vermont was Made a Party? The The Reason is this that by being allowed a Hearing the Candor and Moderation of Congress may be rescued from Imputations Aspersions and that these being ^People^ after having been fully heard may have nothing to ^say or^ complain of in Case the Decision of Congress be agt them—of which I have no Doubt—

7 It is true that by this Resolution the Merits of former settlements with these States will be again the Subject of Inquiry Discussion and Decision—and therefore it may at first Sight appear improper—but these Settlements will still remain strong Evidence of our Rights however objectionable they may be represented to be by those States nor will Congress be easily prevailed upon to annul them, because in that Case all their Boundaries wd. be afloat. And ^Besides^ in my Opinion it is much better for New York to have ^gain^ a permanent peace with their neighbours by submitting to these Inconveniences, than by by an impol[it]ic Adherence to ^what may be^ their ^Strict^ Rights, and to the ^a^ Rigid Observance of the Dictates of Dignity & Pride remain exposed to perpetual Dissensions and Encroachmt.— Peace and established Boundaries ^under our Circumstances^ are I think almost inestimable—

8— The Reason ^for^ this Reason is assigned in last sentence of ^under^ the 6th. Head

9— For the same Purpose of preserving the Appearance of Equality in Claims, whatever Difference there may be in Titles, the three States are blended mentioned in this Recommendation. The object of it is a Settlement of all disputes respecting interfering Grants, in Case Vermont should be abolished, and that District in Part or in the whole adjudged to either of the three States

10 I am sure ^you will admit my Prudence in consenting giving your voice for^ this Resolution requires no Elucidation

11 As it was not clear that ^absolutely certain that^ New Hampshire would p and Massachusetts would pass the Laws in Question, and as I was sure that New York would, It appeared to me highly expedient that to provide by this Resolution that the Hearing ^Dispute^ between New York and Vermont should be determined, whether the other two States came in or no— And least the former Guaranty contained within 10 Resolution might be construed to be contingent and to depend on ^the Event of^ all the three States adopting the Measures recommended to them, it is here repeated— You will ^observe^ that neither of the three States are to vote on the Decision—

12 On the Plan of hearing Vermont this Resolution however inconvenient became indispensable. Care however has been taken ^in it^ to exempt every Person from their Jurisdiction who profess Allegiance to either of the three States— But you will say Why to the three States— Why not to New York only from whom they revolted and under whose actual Jurisdiction they last were— Because it would have clashed with the Equality of Claims before mentioned, and without the least opposition to which wd. have prevented these Resolutions from being unanimous—a Circumstance in my opinion infinitely more valuable than the Preservation of useless Etiquette— And further Because the District ^is^ here so described as to extend over the River and affect New Hampshire— In a Word the necessity of this Resolution was so obvious that there was no avoiding it—its Inconveniences will be temporary and if the Principles laid down in it are observed will not be very great—especially as Congress have determined a Violation of it to be a Breach of the Peace of the Confederacy, and ^wh^ and have declared their Resolution to maintain it

13. This Resolution needs no Comment the Policy and Justice of it being ^extremely^ evident

I have nothing further to add ^Anxious to avoid a Moments Delay in sending you these Resolutions I have not time by this opportunity of adding any thing further^ than that upon this occasion I have proceeded with Deliberation ^acted according to the best of my Judgment^ after having maturely considered and well weighed the Force and Tendencies of every Consideration and Circumstance aff affecting the great Business ^in Question^— When I first recd. my special Commission I did not apprehend that this Matter was in a ^more^ positive manner confided to me than to my Colleagues, tho some of them considered it in that Light— The Commission vestd me with no further Powers than what any other of your Delegates possessed nor was any Matter given more particularly in Charge to me than to the others by ^the^ Legislature. Their last late Instructions however speake a different Language— I am satisfied to be viewed in that Light and ^that is^ to be the responsible Man & provided the Measures I adopt are not thwarted I am confident of that I shall be able to bring all these Matters to a happy Conclusion

I hope however that this will not be considered as a Hint for my being continued in the Delegation, to which neither ^I assure you^ nothing but an adherence to the ^Resolutions &^ Principles of action I pro adopted and professed at the Be Commencement of the War, would induce me to remain here at the Expence of Health Interest ^as well as^ Property, [illegible] for tho I shall always be ready to serve my Country when called upon, I shall always be happy to find it consistent with my Duty to remain [ever?] a private Citizen. I am Sir Your Most Obedient Servant

John Jay

P.S. I forgot to mentioned that Mr Phelps has been enoculated, & therefore cannot ^could not^ be the Bearer of these Dispatches—6 Be pleased to advert to this Distinction between Laws & Resolutions, and that the former are preferable in the general Estimation— I have very often been asked why our Legislature prefer passed Resolutions rather than Acts respecting ^for quieting^ Possessions in the Grants. Some suspected there was Finesse in it—

[Enclosure]
Resolutions of the Continental Congress

In Congress 24th Septr 1779.

1 Whereas on the first Day of June last Congress by a certain Resolution, reciting that “Whereas divers applications had been made to Congress on the part of the State of New York and of the State of New Hampshire relative to Disturbances, & animosities among Inhabitants of a certain District known by the name of “the New Hampshire Grants” praying their Interference for quieting thereof did resolve “that a Committee be appointed to repair to the New Hampshire Grants & enquire into the reason why they refuse to continue Citizens of the respective States which heretofore exercised Jurisdiction over the said District; for that as Congress are in duty bound on the one hand to preserve inviolate the Rights of the several States, so on the other they will always be careful to provide that the Justice due to the States, does not interfere with the Justice which may be due to Individuals.

That the said Committee confer with the said Inhabitants, & that they take every prudent measure to promote an amicable Settlement of all Differences & prevent Divisions & Animosities so prejudicial to the United States and did further resolve that the further Consideration of this subject be postponed until the said committee shall have made report.”

2 And whereas it so happened that a Majority of the Committee appointed in pursuance of the aforementioned Resolutions did not meet in the said District and therefore have never executed the Business committed to them, or made a regular Report thereupon to Congress, Ordered that the said Committee be discharged.

3 And Whereas the animosities aforesaid have lately proceeded so far and & risen so high as to endanger the internal Peace of the United States which renders it indispensably necessary for Congress to interpose for the Restoration of quiet and good order.

4 And Whereas one of the great objects of the Union of the United States of America is the mutual Protection and Security of their respective Rights.

5 And Whereas it is of the last Importance to the said Union that all Causes of Jealousy & Discontent between the said States should be removed, and therefore that their several Boundaries and Jurisdiction be ascertained and settled.

6 And whereas Disputes at present subsist between the States of New Hampshire, Massachusetts Bay & New York on the one part, and the People of a District of Country called New Hampshire Grants on the other, which People deny the Jurisdiction of each of the said States over the said District; and each of the said States claim the said District against each other as well as against the said People, as appertaining in the whole or in part to them respectively.

7th Resolved unanimously, That it be and hereby is most earnestly recommended to the States of New Hampshire, Massachusetts Bay & New York forthwith to pass Laws expressly authorising Congress to hear & determine all Differences between them relative to their respective Boundaries in the mode prescribed by the Articles of Confederation so that Congress may proceed thereon by the First Day of February next at farthest.

8 And further that the said States of New Hampshire, Massachusetts Bay & New York do by Express Laws for the Purpose refer to the decision of Congress all Differences or Disputes relative to Jurisdiction, which they may respectively have with the People of the District aforesaid, so that Congress may proceed thereon on the said first day of February next.

9 And also to authorise Congress to proceed to hear & determine all Disputes subsisting between the Grantees of the several States aforesaid with one another or with either of the said States respecting Title to Lands lying in the said District to be heard and determined in the mode prescribed for such Cases by the Articles of Confederation aforesaid: And further to provide that no Advantage be taken of the Non-performance of the Condition of any of the Grants of the said Lands, but that further reasonable Time be allowed for fulfilling such Conditions.

10 Resolved unanimously That Congress will and hereby do Pledge their Faith to carry into Execution & support their Decisions & Determinations in the Premises in favour of whichsoever of the Parties the same may be, to the end that permanent Concord & Harmony may be established between them, & all cause of uneasiness removed.

11 Resolved unanimously, that Congress will on the said first Day of February next proceed without Delay to hear & examine into the Disputes & Differences relative to Jurisdiction aforesaid between the said three States respectively, or such of them as shall pass the Laws before mentioned on the one Part & the People of the District aforesaid who claim to be a separate Jurisdiction on the other; And after a full and fair hearing will decide & determine the same according to Equity, and that neither of the said States shall vote on any question relative to the Decision thereof. And Congress do hereby pledge their Faith to execute & support their Decisions & Determination in the Premises.

And Whereas it is essential to the Interest of the whole Confederacy that all intestine Dissentions be carefully avoided & domestic Peace & good Order maintained.

12 Resolved unanimously That it is the Duty of the People of the District aforesaid who deny the Jurisdiction of all the aforenamed States to abstain in the meantime from exercising any Power over any of the Inhabitants of the said District who profess themselves Citizens of or to owe Allegiance to any or either of the said States: But that none of the Towns either on the East or West side of Connecticut River be considered as included within the said District, but such as have heretofore actually joined in denying the Jurisdiction of either of the said States, and have assumed a separate Jurisdiction, which they call the State of Vermont. And further that in the opinion of Congress the said three States afore-named ought in the mean time to suspend executing their Laws over any of the Inhabitants of the said District except such of them as shall profess Allegiance to and confess the Jurisdiction of the same respectively.— And further that Congress will consider any violences committed against the Tenor true Intent & meaning of this Resolution as a Breach of the Peace of the Confederacy which they are determined to keep and maintain: And to the end that all such violences & breaches of the public Peace, may be the better avoided in the said District; It is hereby recommended to all the Inhabitants thereof to cultivate Harmony & Concord among themselves to forbear vexing each other at Law or otherwise & give as little occasion as possible to the Interposition of Magistrates.

13 Resolved unanimously, That in the Opinion of Congress, no unappropriated Lands or Estates which are or may be adjudged forfeited or confiscated lying in the said District, ought until the final Decision of Congress in the Premises to be granted or sold.

Ordered, That Copies of the aforegoing Resolutions be sent by express to the States of New York New Hampshire and Massachusetts Bay, and to the People of the District aforesaid; and that they be respectively desired to loose no time in the appointing their Agent or Agents & otherwise preparing for the hearings aforesaid.

The aforesaid Resolution being read over and a Question taken to agree to the whole,

Resolved unanimously in the affirmative.

Extract from the minutes.

Cha. Thomson, Sec’y.

Dft, NNC (EJ: 12804). Endorsed. Enclosure: reprinted from Doc. Hist. N.Y. State description begins Edmund B. O’Callaghan, The Documentary History of the State of New York (4 vols.; Albany, N.Y., 1851) description ends , 4: 596–98.

1JJ also enclosed copies of the resolutions in letters to Thomas Chittenden, governor of Vermont, to Meshech Weare, president of New Hampshire (EJ: 1528), and to Jeremiah Powell, president of the Council of Massachusetts. LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 13: 546; DNA: PCC, item 14, 189.

3See JJ to Clinton, 1 June 1779, LbkC, DNA: PCC, item 14, 121–22 (EJ: 1392); LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 13: 3.

4See JJ to Clinton, 27 Aug. 1779, and notes, above.

5Although the original manuscript copy enclosed has not been found, it was probably the text used by Edmund B. O’Callaghan for his Documentary History and is reprinted. It is the only text of Congress’s 24 Sept. resolves to which JJ’s numbers “from 1 to 13” correlate. LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 13: 546.

6For additional background, see the reports of 14 and 21 Sept. by Charles Phelps, the special messenger who delivered the 27 Aug. instructions to New York’s delegates (NN: Emmet Collection; Doc. Hist. N.Y. State description begins Edmund B. O’Callaghan, The Documentary History of the State of New York (4 vols.; Albany, N.Y., 1851) description ends , 4: 598–600). JJ subsequently questioned some of Phelps’s maneuvers in negotiations with congressmen; Phelps was in fact also paid by the state of Massachusetts for “unwearied attention” to that state’s claims. See JJ to Clinton, 7 Oct. 1779, and notes, LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 14: 38–41.

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