From John Jay to George Clinton, 5 October 1779, enclosing Draft Act on Vermont, 24 September–5 October 1779
To George Clinton
Pha. 5. Octr 1779
Dr. Sr
In a Conference with ^some of^ the Delegates of New Hampshire and Massachusets Bay it was agreed that I shd. draw the Draft of a Bill for carrying into ^Effect^ the Resolutions of Congress relative to our Disputes with Vermont & with each other.
I now enclos The enclosed Draft is of has been perused and approved ^of^ by them, and they have promised to transmit a Copy of it to their respective States and to press their immediate Attention to the Subject1
It appeared to me expedient that the several Acts to be passed by thos for this Purpose by the three States shd. be nearly similar, lest variances which might be deemed important, should create Delay & Dispute. You will perceive that the Act in Question is very general, granting ^to Congress^ in express Terms the Powers asked for in the Resolutions. I ^also^ thought it most adviseable to be content with the Description of the ^Powers^ contained in the Resolutions, & ^not^ by New ones hazard Alterations or Deviations that might open other Fields for Discussions. [illegible] you this Circumstance that I am sr you may ^I mention^ For this Reason the Act in Question is made very general, granting in express Terms the Powers req asked for my [by] Congress & referring to the Resolutions for a Description of them. with very sincere Regard & Esteem I am Dr Sr your most obt Servt
J. J.
Gov Clinton
[Enclosure]
Draft Act on Vermont
[Philadelphia, 24 September–5 October 1779]
An Act for carrying ^complying with^ and carrying into Effect the Recommendations contained in certain Resolutions of the Congress of the united States of America of the 2 Day of 1779
Whereas the Congress of the united States of America did on the Day of last past, unanimously enter into certain Resolutions in the Words following vizt {Here insert Resolutions Verbatim} and whereas the sd. Congress did on the Day of unanimously enter into a certain other Resotn. in the Words follg to wit (here insert resotn. repealg one & substitg another Clause—)
And whereas ^the^ aforesaid Resolutions ^& Recommendation^ appears to be ^are^ have been be are founded on Principles on Liberal Pr equal Justice and true Policy, and to have for their Object the Establishment of perpetual Harmony Friendship & mutual Confidence between the States therein named, which it is no less the Desire than the Interest of this State to promote
Be it enacted by the
and it is hereby enacted by the Authority of the same, that all the Powers and Authorities which in and by the sd Resolution ^which^ this ^it
is recommended to or requested of this State in & by the said^ Resolutions to vested ^in^ and ^or^ grant to the said Congress shall be and hereby are absolutely and vested in and granted ^there^ to the same as fully and amply as if the same were here again ^particularly^ enumerated and described. ^2d.^ And ^further that^ this Act shall be always construed in a Sense most Liberal and most advancive of the ^Design^ true Intent & Meaning of the sd. Resolutions. ^1st^ And all such ^that the^ Decisions & Determinations which shall be made in the Premisses in Virtue ^pursuance^ of the Powers & Authorities hereby granted ^[in margin] shall be final and conclusive between the Parties & ^be^ obligatory on this State ^and the People thereof^ so far as the ^said Decisions ^& Determinations or any or^ other of them^ shall respect the same or any Part thereof.^
And it is hereby further enacted by the Authority afd. That no Advantage shall be taken by this State of the non performance of the Conditions ^in any^ of the Grants of Land in the said Resolutions referred to, but that further Time be given to fulfil the same ^respectively^ towit the like Term ^until the Expiration of^ six Years to be computed from the Publication of this Act—
Dft, NNC (EJ: 7616). Endorsed. Enclosure: Draft Act on Vermont, Dft, NNC (EJ: 12809). Endorsed: “Dr Bill—resg Vermont”.
1. One of JJ’s final acts as a New York delegate was to press Congress to make a final determination of the Vermont dispute and to draft a resolution for the New York legislature committing the state to abide by the decision of Congress. New York adopted a revised resolution on 21 Oct. 1779, but neither New Hampshire nor Massachusetts, the other parties to the controversy, followed suit. The act as passed contained additions and changes but did incorporate many of the phrases found in JJ’s draft. “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,” Laws of the State of New York (Poughkeepsie, 1782), 3rd sess., chap. 24, 91–92 ( , no. 17630).
2. Here and below, spaces left blank in manuscript.