have taken place. The motion was lost, six States only being for it. (See page 281.)

With respect to the main question, it was agreed on all sides, that it was indispensable to the safety of the United States that a traitorous intercourse between the inhabitants of Vermont and the enemy should be suppressed. There were, however, two modes proposed for the purpose, viz: the direct and immediate interposition of the military force, according to the report; and, secondly, a reference in the first instance to the acting authority in Vermont, to be followed, in case of refusal or neglect of justice on the offenders, by an exertion of compulsive measures against the whole body.

In favor of the first mode it was said, that it would be the only effectual one, and the only one consistent with the part Congress had observed with regard to Vermont; since a reference to the authority of Vermont, which had itself been suspected and accused, would certainly be followed at the best by a mere mock trial; and would, moreover, be a stronger recognition of its independence than Congress had made or meant to make.

In favor of the second mode it was alleged, that the body of the people in Vermont were well attached to the Revolution; that a sudden march of military force into the country might alarm them ; that if their rulers abetted the traitors, it would disgrace them in the eyes of their own people, and that Congress would be justified in that event to "split Vermont up among the other States." This expression, as well as the arguments on this side, in general, came from Mr. HOWELL, of Rhode Island, whose

object was to render the proceedings of Congress as favorable as possible to the independence of Ver

mont.

In order to compromise the matter, Mr. ARNOLD moved that the Commander-in-chief should be directed to make a previous communication of his intentions, and the evidence on which they were founded, to the persons exercising authority within the district in question.

It was suggested by Mr. MADISON, as a better expedient, that he should be authorized to make the communication, if he should deem it conducive to the more certain apprehension of the suspected persons.

The Delegates from New York said, they would agree, that after the apprehension should have been effected, the Commander might give notice thereof to the persons exercising authority in Vermont.

It was finally compromised as it stands on the Journal.

In the course of the debate, Mr. CLARK informed Congress, that the Delegates of New Jersey could not vote for any act which might oppose force to the authority of Vermont, the Legislature of that State having so construed the resolutions of the seventh and twentieth of August, as to be incompatible therewith, and accordingly instructed their Delegates.

The communication directed to the States on this occasion, through the Commander-in-chief, was objected to by several members, as an improper innovation. The object of it was to prevent the risk of discovery, if sent before the plans which might be

taken by General Washington were sufficiently advanced, of which he was the proper judge."

THURSDAY, NOVEMBER 28TH.

No Congress.

[Mr. Livingston, Secretary of Foreign Affairs, called upon me, and mentioned his intention to resign in a short time his office; observing, that as he ultimately was decided to prefer his place of Chancellor in New York to the other, and the two had become incompatible by the increase of business in the former, he thought it expedient not to return to Philadelphia, after a visit to New York which was required by this increase. In the course of conversation, he took notice that the expense of his appointment under Congress had exceeded his salary about three thousand dollars per annum. He asked me, whether it was probable Mr. Jefferson would accept the vacancy, or whether he would accept Mr. Jay's place in Spain, and leave the vacancy to the latter. I told him, I thought Mr. Jefferson would not accept it himself, and doubted whether he would concur in the latter arrangement; as well as whether Congress would be willing to part with Mr. Jay's services in the negotiations of peace; but promised to sound Mr. Jefferson on these points by the first opportunity.]

No Congress until

MONDAY, DECEMBER 2D.

The Secretary of Foreign Affairs resigned his office, assigning as a reason, the increase of business in his office of Chancellor of New York, whereby it was become impossible for him to execute the duties of both; informing Congress at the same time, as a rule for providing for his successor, that his expenses exceeded his salary upwards of three thousand dollars per annum. The letter of resignation was com

mitted to Mr. McKEAN and Mr. OSGOOD.

TUESDAY, DECEMBER 3D.

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 first of January, 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 New York. 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 United States, 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. HowELL and Mr. CLARK opposed it strenuously.

The report of the Committee on the case of Vermont, mentioned on Thursday, the fourteenth of November, was called for by Mr. McKEAN, and postponed, on his motion, to make way for a set of resolutions, declaring that as Vermont, in contempt of the authority of Congress and their recommendations of 1799, exercised jurisdiction over sundry persons professing allegiance to the State of New York, 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, seconded by Mr. HOWELL, 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. HOWELL, as the present proceeding, being at the instance of Phelps and 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 would 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 has been committed, and therefore was conditional, the circumstance of its being ex parte was of no weight, especially as Congress