University of Virginia Library

THURSDAY, DECR 5TH. 1782

Mr. Lowel & Mr. Reed were elected Judges of the Court of
Appeals. Mr. P. Smith, of N. Jersey had the vote of that State;
and Mr. Merchant,[14] of Rhode Island the vote of that State.

The Resolutions respecting Vermont moved by Mr. McKean
on the [twenty-seventh] day of [November,] were taken into
Consideration. They were seconded by Mr. Hamilton, as entered
on the Journal of this day. Previous to the question on the

coercive clause, Mr. Madison observed that as the preceding
clause was involved in it, & the federal articles did not delegate
to Congress the authority about to be enforced, it would be proper
in the first place to amend the recital in the previous clause, by
inserting the ground on which the Authority of Congress had
been interposed. Some who voted against this motion in this
stage having done so from a doubt as to the point of order, it was
revived in a subsequent stage when that objection did not lie.
The objections to the motion itself were urged chiefly by the
Delegates from Rhode Island, and with a view in this as in all
other instances, to perplex & protract the business. The objections
were 1st. that the proposed insertion was not warranted by
the Act of N. Hampshire which submitted to the judgment of
Congress merely the question of jurisdiction. 2dly. That the Resolutions
of Aug: 1781, concerning Vermont, havg been acceded to by
Vermont, annulled all antecedent acts founded on the doubtfulness
of its claim to independence. In answer To the 1st. objn. the
Act of N. H. was read wch in the utmost latitude adopted the
Resolus. of Congress which extended expressly to the preservation
of peace & order & prevention of acts of confiscation by one
party agst another. To the 2d. objn it was answered 1st. that the
sd. Resons of Aug: being conditional not absolute, the accession
of Vermont cd not render them definitive; but 2dly. that prior to
this accession, Vermont havg in due form rejected the Resolns. and
notified the rejection to Congress, the accession could be of no
avail unless subsequently admitted by Congress, 3dly. that this
doctrine had been maintained by Vermont itself wch had declared
that inasmuch as the Resolns of Aug: did not correspond wth
their overtures previously made to Congress these had ceased to
be obligatory; wch act it was to be observed was merely declaratory,
not creative, of the annulment.

The original motion of Mr. McKean & Mr. Hamilton [was
agreed to] seven States voting for it; R. I. & N. J. in the negative.