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Subject Area: Political Theory
Topic: The American Revolution and Constitution

DRAFT OF A REPORT ON THE MEMORIAL OF ZEBULON BUTLER AND OTHERS 1 - Thomas Jefferson, The Works, vol. 4 (Notes on Virginia II, Correspondence 1782-1786) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 4.

Part of: The Works of Thomas Jefferson, 12 vols.

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DRAFT OF A REPORT ON THE MEMORIAL OF ZEBULON BUTLER AND OTHERS1

jeff. mss.

c. c.

ROUGH DRAFT

[January 23, 1784]

The Commee to whom were referred the petn of Zebulon Butler & others claimt under the State of resolutions of the General assembly of Connecticut private soil in this & the letter & proclamation of Govr Trumbul desiring that a court may be instd for determing the a revision of the sentence of the Judges formerly Connect. of the private right of soil within the territory Westwd of appointed to hear & finally determine the controversy the Delaware, lately in controversy betw. the 2d sd states between that state & the state of Pennsylvania con of Connecticut & that of Penna & complaing that they are disturbed in cerning the boundaries & jurisdiction of the sd States their sd right by others claiming under the sd state of on the Western side of the Delaware, also that a Penna & praying that a Ct may be instd. for determg the Court may be instituted for determining the said rights; and the resolns of the G A of Conn & lre private right of soil within the sd territory & proclamn of Govr. Trumbul praying in like mannr the instn of such a court and further notifying that the sd state of Connecticut claims jurisdiction over all the lands between Pennsylvania & the Missisipi from 41° to 42° 2″ Northern latitude. and the petition of Zebulon Butler & others inhabitants within the territory late in dispute between the sd states complaining that they are disturbed in their private right of soil & praying in like manner the institution of a court for determining the same, have agreed to the following report resoln.

It appears to your Commee that the controversy between the states of Pennsylva & Connecticut for the territory on the Western side of Delaware river alledged to be within both their boundaries was originated in Congress so early as the 5 day of Octob. 1775, and was frequently & much agitated therein from that time to the 3d. day of Nov. 1781.

That the state of Pennsva did then petition Congress that the same might be determined according to the 9th. Art. of the Confedn.

That Congress did thereon on the 14th. day of the same month direct a notification to the state of Connecticut of the petition from Pennsylvania and assign a day for proceeding thereon.

That the same was regularly proceeded on according to the 9th. Art. of the Confedn and that the judges met at Trenton on the 12th. day of Nov. 1782 to hear and determine the same.

That a fair, full & patient hearing of the parties by their agents, was given and mature consideration had by the sd court from the sd 12th. day of Nov. day by day without intermission till the 30th. day of Dec. when final sentence was pronounced: that this sentence was with the unanimous concurrence of the sd judges.

That no improper biass or conduct in the judges or any of them is suggested or supposed or even suggested.

That the sd 9th. Article of the Confedn declares that the sentence of such a court shall be final & conclusive

Resolved therefore that the sd sentence ought not to be revised.

Resolved that a court should be instituted according to the sd 9th. Art. of the Confedn for determining the private right of soil so far as the same is by the sd article submitted to the determination of such court.

Resolved that the 4th. Monday in June next be assigned for the appearance of the sd states of Connecticut & Pennsylvania and parties by their lawful agents at the place in which before Congress or the Commee of the states wheresoever they shall be then sitting.

Resolved that the form of the notice be as follows, to be transmitted by the secretary To the claimants of the private right of soil within the territory heretofore claimed by the state of Connecticut but adjudged to belong to the state of Pennsylvania by the sentence of a federal court pronounced at Trenton on the 30th. day of December 1782 To the Legislative and Executive authorities of the state of Pennsylvania

It is hereby made known that pursuant to the 9th article of the Confederation the Legislative & Executive bodies of the state of Connecticut and sundry individuals claiming private right of soil under the state of Connecticut of the said state have made application to Congress relating within the territory Westward of the Delaware late in dispute between the sd state & that of Pennsylvania have made application to Congress stating that they sd individuals and others claiming lands under grants from the sd state of Connecticut have been disturbed in their said right of soil by others claiming under grants from the state of Pennsylva and praying for the institution of a court for determining the private right of soil in pursuance of the sd 9th. article of the Confedn; and that the 4th. Monday in June next is assigned for the appearance of the Connecticut & sd states of Pennsylvania and Connecticut parties by their lawful agents before Congress or a Commee of the states wheresoever they shall be then sitting, to proceed in the premises as by the sd Confedn is directed.

By order of Congress

Charles Thomson

Secretary

Resolved that the sd notice be transmitted by the Secretary to the Executives of the states of Connecticut & Legislative powers of the state of Pennsylva with a request that they take proper measures for serving the same on the parties interested under their states respectively.

The Commee having not had time to go through so much of the papers referred to them as relates to the claim of the sd state of Connecticut to territory Westward of the state of Pennsylvania beg further time for that purpose.

FAIR COPY

The Commee to whom were referred the petition of Zebulon Butler & others claiming under the state of Connecticut private right of soil within the territory Westward of the Delaware lately formerly in controversy between the said state & that of Pennsylvania and lately determined by a court constituted & appointed agreeably to the 9 Articles of Confederation and perpetual union to be within the jurisdiction of the State of Pennsylvania, complaining that they are disturbed in their said right by others claiming under the said state of Pennsylvania and praying that a court may be instituted under the 9th. article of the Confederation for determining the sd right: Also the resolutions of the General assembly of Connecticut & the letter & proclamation of Govr. Trumbull, desiring in like manner the institution of such a court; and further notifying that the said state of Connecticut claims jurisdiction over all the lands between Pennsylvania & the Misissipi from 41° to 42° 2″ Northern latitude have agreed to the following resolutions

Resolved that a court be instituted according to the said ninth article of the Confederation for determining the private right of soil within the said territory so far as the same is by the sd article submitted to the determination of such a court

Resolved That the 4th Monday in June next be assigned for the appearance of the parties by their lawful agents before Congress or the Commee of the states wheresoever they shall be then sitting.

Resolved That the form notice of the assignment of the sd day be given to the parties in the following form

To the claimants of the private right of soil within the territory Westward of the Delaware heretofore in controversy between the states of Connecticut & Pennsylvania and adjudged to the latter by the sentence of a federal court of Pennsylva &c. pronounced at Trenton on the 30th. day of Decemb. 1782.

It is hereby made known that sundry individuals claiming private right of soil under the state of Connecticut within the said territory have made application to Congress stating that they have been disturbed in their said right of soil by others claiming under the state of Pennsylvania & praying for the institution of a court for determining the said private right of soil in pursuance of the 9th. article of Confederation: and that the 4th. Monday in June next is assigned for the appearance of the parties by their lawful agents before Congress or a Commee of the states wheresoever they shall be then sitting, to proceed in the premises as by the Confederation is directed. By order of Congress. Charles Thomson, Secretary.

Resolved that the sd notice be transmitted by the Secretary to the Executives of the states of Connecticut & Pennsylvania with a request that they take proper measures for having the same served on the parties interested under their states respectively.

The Commee having not had time to go through so much of the matters referred to them as relates to the claim of the sd state of Connecticut to territory Westward of the state of Pennsylvania beg further time for that purpose.

[1 ]The fair copy, presented to Congress, is endorsed “No. 71. Report of Mr. Jefferson, Mr. Lee, Mr. Williamson, on the meml. of Zebulon Butler & others. Read. Passed Jan 23, 1784.” As adopted, it was slightly modified. Cf. text in Journals of Congress, under Jan. 23, and April 24, 1784.