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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 --THURSDAY, DECEMBER 23, 1784.
Congress assembled: Present as yesterday.
An ordinance for carrying into execution the resolutions of the 20 instant, and for fixing upon a place for the residence
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of Congress, until suitable buildings shall be erected for their accommodation, being moved by Mr. [Elbridge] Gerry, seconded by Mr. [David] Howell, and the same being read a first time,
On the question,
Resolved, That it be taken up for a second reading.
Agreeable to order, the ordinance being taken up for second reading, and the following paragraph being under debate: "That for this purpose three commissioners be appointed with full powers to lay out a district of not less than two nor exceeding three miles square, on the banks of either side of the Delaware, not lower than Lamberton, nor more than six miles above it, for a foederal town."
A motion was made by Mr. [Samuel] Hardy, seconded by Mr. [James] Monroe, to strike out the words, "on the banks of either side of the Delaware, not lower than Lamberton, nor more than six miles above it;" and in lieu thereof to insert, "at Georgetown, on the Potomac."
And on the question to agree to this amendment, the yeas and nays being required by Mr. [Samuel] Hardy,
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So it passed in the negative.
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Sundry amendments being made, when the following paragraph was under debate, viz.
"That on theday ofnext, Congress stand adjourned to meet aton theday offollowing, for the despatch of public business; and that the sessions of Congress be held at the place last mentioned, until the buildings aforesaid shall be ready for their reception."
A motion was made by Mr. [William Churchill] Houston, seconded by Mr. [David] Howell, to strike out the words, "That on theday ofnext, Congress stand adjourned to meet aton the day offollowing, and that the sessions of Congress be held at the place last mentioned," and in lieu thereof insert, "And that Congress shall continue to hold their sessions at Trenton."
And on the question to agree to this, the yeas and nays being required by Mr. [William Churchill] Houston,
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So it passed in the negative.
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A motion was then made by Mr. [Samuel] Hardy, seconded by Mr. [Richard Dobbs] Spaight, to fill up the blank after "meet at," with the word "Philadelphia." And on the question to agree to this, the yeas and nays being required by Mr. [Joseph] Gardner,
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So the question was lost.
A motion was then made by Mr. [William] Ellery, seconded by Mr. [David] Howell, to fill the blank with the words "city of Newport in the state of Rhode Island and Providence Plantations." And on the question to agree to this, the yeas and nays being required by Mr. [William] Ellery.
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So it passed in the negative.
A motion was made by Mr. [David] Howell, seconded by Mr. [Richard Dobbs] Spaight, to fill the blank with "the city of New York." And on the question to agree to this, the yeas and nays being required by Mr. [David] Howell,
{table}
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So it was resolved in the affirmative.
The other blanks being filled,
Ordered, That the ordinance be read a third time.
The ordinance being accordingly read a third time, was agreed to as follows:
Be it ordained by the United States in Congress assembled, that the resolutions of the 20th instant respecting the erecting buildings for the use of Congress, be carried into effect without delay; that for this purpose, three commissioners be appointed, with full powers to lay out a district, of not less than two nor exceeding three miles square, on the banks of either side of the Delaware, not more than eight miles above or below the lower fails thereof, for a foederal town; that they be authorised to purchase the soil, or such part of it as they may judge necessary, to be paid at proper instalments; to enter into contracts for erecting and completing, in an elegant manner, a foederal house for the accommodation of Congress, and for the executive officers thereof; a house for the use of the President of Congress, and suitable buildings for the residence of the Secretary of Foreign Affairs, Secretary at War, Secretary of Congress, Secretary of the Marine, and officers of the Treasury; that the said commissioners be empowered to draw on the treasury of the United States for a sum not exceeding one hundred thousand dollars, for the purpose aforesaid; that in choosing a situation for the buildings, due regard be had to the accommodation of the states, with lots for houses for the use of their delegates respectively; that on the 24th day of December instant Congress stand adjourned to meet at the city of New York, on the eleventh Day of January following, for the dispatch of public business, and that the sessions of Congress be held at the place last mentioned, until the buildings aforesaid shall be ready for their reception. Done, &c.
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Resolved, That the President draw an order on the treasurer for five hundred dollars, in favor of the Secretary of Congress, for contingent expences, he to be accountable.
[Report of Mr. James Monroe, Mr Charles Pinckney Mr William
Houstoun, Mr John Jay, Mr Gunning Bedford Mr Samuel Hardy,
Mr Elbridge Gerry, Instructions to Minister to Represent United
States at Madrid.]
Sir,
As you will be furnished with the instructions given your Predecessor Mr. Jay in his negotiations with the Court of Spain which fully investigate the right of the United States to the territory within their lines, and to the navigation of the Mississippi in virtue of their independence of Great Britain, and of the injustice of any claim founded on the part of Spain, upon conquest from Great Britain of the territory which belonged to them, it will be unnecessary to add any thing to what those instructions contain.
But if a claim founded on the principles of the revolution was questionable, the late treaties between Great Britain and the United States and Great Britain and Spain respectively have determined the bounds to which their respective rights extend. By the 2nd article of the treaty between Great Britain and the United States it is stipulated that the line which bounds the United States after it reaches the Mississippi shall extend "along the middle of the said river until it intersects the northermost part of the 31 degree of north latitude; thence south by a line to be drawn due East from the determination of the line last mentioned on the latitude of 31 degrees North of the Equator to the middle of the River Apalachicola or Latahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's river, and thence down along the middle of St. Mary's River to the Atlantic Ocean," and the 8th. article stipulates that, "the navigation of the River Mississippi from its source to the ocean, shall forever remain free and open to the subjects of Great Britain and the citizens of the U.S." If by the principles of the Revolution the United States had not already acquired the fights which these articles stipulate they remained of course in Great Britain; the Treaty of Paris in 1763 gave them to her, and she never relinquished them until the as therefore,
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she had already ceded these points to the U. S. as one of the conditions of the peace. Treaty with the U.S. In her subsequent Treaty, therefore, with Spain, Great Britain could only convey what she retained, which could induce no restriction or qualification had she wished it on the right which had already accrued to the United States and the accession of Spain to a Treaty with her upon these conditions under which she now claims what she holds, must be considered as an acknowledgement of the right in the United States.
The Bounds, therefore, as limited in said treaty between Great Britain and the United States, with the right of the navigation of the Mississippi, from its source to the ocean, with those rights which appertain to that of navigation are in any treaty you may enter into, to be expressly stipulated to the United States without which indeed you are to enter into no treaty.1
[Note 1: 1 This report, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 25, II, folio 369. The indorsement and Committee Book, No. 186, show that it was read on this day. A note in Committee Book, No. 191, says: "filed being rendered unnecessary by arrival of Gardoqui and appointment of Mr. Jay to negotiate with him." See post, June 28, 1785.
On this day, as the indorsement states, was read a letter of December 20, from John Dickinson, President of Pennsylvania. It was referred to Mr. [Hugh] Williamson, Mr. [Joseph] Gardner, and Mr. R[obert] R. Livingston. On January 25, 1785, Mr. [Zephaniah] Platt was substituted for Livingston. The indorsement further states that the letter was reported on and January 28 referred to Mr. [Hugh] Williamson, Mr. [Archibald] Stewart and Mr. [Samuel] Hardy. It is in No. 69, II, folio 479.
Also, resolutions of the General Assembly of Pennsylvania offering the State House for the accommodation of Congress. It is in No. 46, folio 135,]
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