University of Virginia Library

TUESDAY, DECR 3.

After a verbal report of the Committee above mentioned, who
acquainted Congress that in conference with Mr. Livingston he
professed a willingness to remain in office till the 1st of Jany, to
give time for the choice of a Successor, Mr. McKean proposed
the Resolution which stands on the Secret Journals; several
alterations having been made however in the course of its consideration.
With respect to the Preamble particularly, a change
took place. As it was first moved it recited as the ground of
the resignation the incompatibility of the office of foreign Affairs
with the Chancellorship of N. Y. To this recital it was objected
by Mr. Madison, that such a publication of preference of the
office of Chancellor of a particular State to the office of foreign
Affairs under the U. S., tended to degrade the latter. Whereupon
the Preamble on the Journal was substituted. In the
course of this business the expediency of augmenting the salary
was suggested, but not much supported. Mr. Howel & Mr. Clark
opposed it strenuously.

The Report of the Committee on the case of Vermont mentioned
on Thursday the 14 of Novr. was called for by Mr.
McKean, & postponed on his motion to make way for a set of
Resolutions declaring that as Vermont in contempt of the
authority of Congress & their Recommendations of—1799,[11]
exercised jurisdiction over sundry persons professing allegiance
to the State of N. Y., banishing them and stripping them of their
possessions, the former be required to make restitution &c. and
that in case of refusal or neglect Congress will enforce the same,
&c. A motion was made by Mr. Clark 2nd by Mr. Howel to
strike out the latter clause; in favor of which it was said that
such a menace ought to be suspended until Vermont should refuse

to comply with the Requisition, especially said Mr. Howel as the
present proceeding being at the instance of Phelps & other exiles,
was an ex parte one.

Against the motion for expunging the clause, it was observed
that a requisition on Vermont without such a menace wd have no
effect, that if Congress interposed they ought to do it with a
decisive tone; that as it only enforced restitution in cases where
spoliations had been committed and therefore was conditional,
the circumstance of its being ex parte was of no weight, especially
as Congress cd not call on Vermt to appear as a party after her
repeated protestations agst appearing.

On this occasion, Mr. Carroll informed Congress that he had
entirely changed his opinion with regard to the policy requisite
with regard to Vermt being thoroughly persuaded that its leaders
were perfidious men & that the interest of the U. S. required
their pretensions to be discountenanced; that in this opinion he
was not a little confirmed by a late conversation with Genl Whipple
of N. Hampshire at Trenton in which this Gentleman assured him,
that the Governing party in Vermont were perfidiously devoted
to the British interests & that he had reason to believe that a
British Com̃ission for a Govr of that district had come over
& was ready to be produced at a convenient season. Some of
the members having gone out of Congress & it being uncertain
whether there would be more than six States for the clause, an
adjournment was moved for & voted.

The proceedings on this subject evinced still more the conciliating
effect of the territorial cession of N. York, on several
States & the effect of the scheme of an ultra-montane State within
Pennsa, on the latter State. The only States in Congress which
stood by Vermont were Rhode Island, which is supposed to be
interested in lands in Vermt, and N. Jersey whose Delegates were
under instructions on the subject.