4.

150

PUBLIC PAPERS OF GEORGE CLINTON.

in the power of the British. I think the Application should be made on the Ground of the supplementary Act; and, therefore, with such Advice as aforesaid. But another Question will then arise, to wit: whether such Application will be deemed an Act of the temporary Government; so as to give date for the Commence ment of its Existence at the End of sixty days therefrom; o whether it will be an extra Act, in its Nature preliminary to, an therefore, not an Act done, by the temporary Government as su under the Act instituting the same, and consequently having relation to the sixty days? I am clearly of the latter Opin This Opinion will. I apprehend be justified by a Comparison the two Acts; For.

1st The Title of the first Act is to provide for the tempor Government of the Southern parts of this State, ichenerer Enemy shall, abandon or be dispossessed of the same, and the Legislature can be reconvened. The scored Lines el shew to what Interval of Time the temporary Government necessarily & only apply.

2dly The preamble of the Act conveys exactly the same Contin

by expressly reciting that some Time will necessarily
between the Abandonment by, or dispossession o

the Southern districts, and the Meeting of t

after, and the Necessity of providin

peace, during that interval, as to gi

tunity for Election. Those two

Objects of the Act.

3dly then the enacting

ernment; and details su

exist in such Interval

donment by, or dispo

Ac

Ratifi

osts in

mentary Law makes my Reasoning amount to mathematical demonstration. For it provides "that such Convention or Conventions shall not continue in force for any longer time than, until the British Troops shall actually leave this State; i. e. to the Commencement of the temporary Government."

Thus, Sir, You have my Sentiments upon the two important Subjects of this Letter; a Summary of which is:

1st That some such proclamation as is inclosed should be immediately issued by your Excellency.

2dly That the three propositions above mentioned should be reduced to form, by such Advice as aforesaid.

3dly That the proclamation and three propositions should be distinctly reduced to writing and properly authenticated, and sent without a Moment's delay by some fit person to Sir Guy Carleton.

4thly That such person should be simply instructed to procure Leave of Sir Guy, to make full publication of the proclamation in such parts of the Southern district as are within his power, and to wait a short Time for his Answer; yet

5thly That he should also be instructed to make the first proposition, wait an Answer; if in the Negative make the second; and so with the third, asking an Answer in Writing to each. These Sentiments, Sir, I should have been verbally delivered had my health permitted my attendance at the former Meeting.

Upon the whole I beg leave to urge this business as a matter of the utmost Importance & most pressing Necessity should any delay take place, and the ill Consequences result from it at which I have hinted, those of us who are intrusted with the Execution of both Laws, may incur the Censure of our Constituents. Should your Excellency think proper to call an immediate Meet

ing, and my health will permit, I shall attend it. Should it be otherwise, this and my former Letter and their respective Inclosures will detail my Sentiments in full, on the so important Subjects.

I have the honor to be with great Respect & esteem, Your Excellency's most obedient Servant

Jno. Morin Scott.

P. S. As Mr. Benson is absent, I think Colonel Malcom is as proper a person as I know, to send; and from Conversation with him, I believe he will willingly go on the Business, should it be thought necessary.

His Excellency Governor Clinton.

By His Excellency &c.

A proclamation!

Whereas I have been well informed that many Subjects of this State, who during the War between these United States and Great Britain, have had their fixed Residence in parts of this State out of the British Lines, have on the prospect that a peace will speedily take place imprudently gone within the said Lines, and held Intercourse there, contrary to the duty of their Allegiance to this State, I do hereby strictly charge and require all such persons forthwith to return from within the said Lines; and that they and all other persons residing out of the said Lines in other parts of this State, hereafter abstain from going within the same without my License, until the final Ratification of a Peace shall be duly proclaimed within & by the Government of this State, and until the parts of the Southern district now within the said Lines, shall be evacuated by the said British Troops, as the delinquents may expect to answer for the contrary at their peril according to the Law of the Land Given &c

Messrs. Hamilton and Floyd Transmit to Governor Clinton the Resolutions of Congress Ratifying the Preliminary Treaty of

Peace.

Philadelphia, April 23d 1783

Sir, We have the honour to Inclose Your Excellency a Copy of the Resolution passed on the fifteenth Instant relative to a Ratification of the Preliminary Treaty, the Reception of the posts in

possession of the British troops, and the Surrender of the pris

oners.

We have this day Recd a Letter from Sir Guy Carleton proposing that Congress should appoint one or more persons to assist persons appointed by him to Superintend, all embarkations which shall take place towards an evacuation of New York, conformable to the Spirit of the 7th article of the Treaty, which will probably be Refered to the Commander in Chief.

Mr. Benson has made to us the Communication directed by your Excellency; it is possible Sir Guy's Reserve may have arisen from an unwillingness to enter into Stipulations with a particular State this present Letter has the air of Candour and good faith; but it is also possible there may be an intention of Delaying the Evacuation of the posts in hopes of influencing our measures with Respect to the British Adherents.

We also Communicate to your Excellency in Confidence, that there is a Doubt as to the true construction of the Preliminary Articles to wit: Whether the evacuation of the posts & the other matters mentioned in the 7th Article are to take place on the ratification of the preliminary; or Definitive treaty. This doubt, however, Congress are unwilling to bring into View; the measures taken by the enclosed Resolutions will bring Genl. Carleton to an Explanation-perhaps the Ambiguity of Sir Guy's Conduct may be attributed to the same doubt.

There is a frigate arrived from France which left Rochefort the 14th March. She brings little more than we have already had. It seems the Dutch had not yet made their peace, but the Count de Vergennes Considers the terms last offered by England as Reasonable Enough; and it is, therefore, probable that Matter will soon have been brought to a close.