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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, APRIL 23, 1784.
Congress assembled: Present, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina and South Carolina.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell,
Resolved, That to-morrow be assigned for electing a commissioner to negotiate with the Indians, in the room of Mr. Stephen Higgenson, who has declined that office.
On motion of Mr. [Jacob] Read, seconded by Mr. [Edward] Hand,
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Resolved, That to-morrow be assigned for electing a commissioner to negotiate with the Indians, in the room of Mr. Nathaniel Greene, who was decline that office.
Congress resumed the consideration of the report of a committee, on a plan for a temporary government of the Western territory.
A motion was made by Mr. [Eldridge] Gerry, seconded by Mr. [Hugh] Williamson, to amend the report by inserting after the words "but not of voting," the following clause:
That such measures shall be taken by Congress as may from time to time be necessary for and consistent with not inconsistent with the articles principles of the confederation are shall be reserved for and shall be taken by Congress to preserve peace and good order among the settlers in any of the said new States, previous to their assuming a temporary government as aforesaid.1
[Note 1: 1 This motion, in writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 36, IV, folio 563.]
"That measures not inconsistent with the principles of the Confederation, and necessary for the preservation of peace and good order among the settlers in any of the said new states, until they shall assume a temporary government as aforesaid, may, from time to time, be taken by the United States in Congress assembled.
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Richard Dobbs] Spaight, to postpone that amendment, in order to take up the following:
That until such time as the settlers aforesaid, shall have adopted the constitution and laws of some one of the original states as aforesaid, for a temporary government, the said setllers shall be ruled by magistrates to be appointed by the United States in Congress assembled , and under such laws and regulations as the United States in Congress assembled, shall direct.
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On the question to postpone for the purpose aforesaid, the yeas and nays being required by Mr. [Jacob] Read,
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So the question was lost.
The amendment of Mr. [Elbridge] Gerry being adopted, the report as amended was agreed to as follows:
Resolved, That so much of the territory ceded or to be ceded by individual states to the United States, as is already purchased or shall be purchased of the Indian inhabitants, and offered for sale by Congress, shall be divided into distinct states, in the following manner, as nearly as such cessions will admit; that is to say, by parallels of latitude, so that each State shall comprehend from south to north north to south two degrees of latitude, beginning to count from the completion of thirty one the forty fifth degree forty-five degrees north of the equator; and by meridians of longitude, one of which shall pass through the lowest point of the rapids of Ohio, and the other through the western cape of the mouth of the Great Kanhaway: but the
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territory eastward of this last meridian, between the Ohio, Lake Erie and Pensylvania, shall be one State whatsoever may be its comprehension of latitude. That which may lie beyond the completion of the 45th degree between the said meridians, shall make part of the State adjoining it on the south: and that part of the Ohio, which is between the same meridians coinciding nearly with the parallel of 39° shall be substituted so far in lieu of that parallel as a boundary line.
That the settlers on any territory so purchased, and offered for sale, shall, either on their own petition or on the order of Congress, receive authority from them, with appointments of time and place, for their free males of full age within the limits of their State to meet together, for the purpose of establishing a temporary government, to adopt the constitution and laws of any one of the original States; so that such laws nevertheless shall be subject to alteration by their ordinary legislature; and to erect, subject to a like alteration, counties, townships, or other divisions, for the election of members for their legislature.
That such temporary government shall only continue in force in any State until it shall have acquired twenty thousand free inhabitants when [That when any such State shall have acquired twenty thousand free inhabitants, on] giving due proof thereof to Congress, they shall receive from them authority with appointments of time and place, to call a convention of representatives to establish a permanent constitution and government for themselves. Provided that both the temporary and permanent governments be established on these principles as their basis:
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That whensoever any of the said states shall have, of free inhabitants, as many as shall then be in any one the least numerous of the thirteen Original states, such State shall
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be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states; provided nine states agree to such admission, according to the reservation of the eleventh of the Articles of Confederation. the consent of so many states in Congress is first obtained as may at the time be competent to such admission. And in order to adapt the said Articles of Confederation to the state of Congress when its numbers shall be thus increased, it shall be proposed to the legislatures of the states, originally parties thereto, to require the assent of two-thirds of the United States in Congress assembled, in all those cases wherein, by the said articles, the assent of nine states is now required, which being agreed to by them, shall be binding on the new states. Until such admission by their delegates into Congress, any of the said states, after the establishment of their temporary government, shall have authority to keep a member in Congress, with a right of debating but not of voting.
[That measures not inconsistent with the principles of the Confederation, and necessary for the preservation of peace and good order among the settlers in any of the said new states, until they shall assume a temporary government as aforesaid, may, from time to time, be taken by the United States in Congress assembled.]
That the preceding articles shall be formed into a charter of compact; shall be duly executed by the President of the United States in Congress assembled, under his hand, and the seal of the United States; shall be promulgated; and shall stand as fundamental constitutions between the thirteen original states, and each of the several states now newly described, unalterable [from and after the sale of any part of the territory of such State, pursuant to this resolve] but by the joint consent of the United States in Congress assembled, and of
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the particular State within which such alteration is proposed to be made.1
[Note 1: 1 The report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 30, folio 55. The portions in brackets are not in Jefferson's draft, which, according to the indorsement, was rendered March 24. A printed copy showing the alterations made during the debate, is on folios 53 and 57½. The words lined out so appear on this printed copy and not in the Journal. This printed copy with the manuscript alterations was passd April 23.
On this day, as the indorsement indicates, was read a letter of April 15, from Oliver Wolcott and Richard Buffer. It is in No. 56, folio 101.
Also, a letter of April 17, 1784, from Benjamin Harrison, Governor of Virginia. It is in No. 71, II, folio 371.
Also, a letter of March 31 from Stephen Higginson. It is in No. 78, XII, folio 299.
Also, a letter of March 31 from Oliver Wolcott. It is in No. 78, XXIV, folio 463.]
On the question to agree to the foregoing, the yeas and nays being required by Mr. [Richard] Beresford,
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So it was resolved in the affirmative.
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