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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 --TUESDAY, APRIL 10, 1787.
Congress Assembled, present Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Delaware, Virginia, North Carolina and Georgia.
2A motion 3was made by Mr [Dyre] Kearny, seconded by Mr [William] Blount.
[Note 2: 2 A draft of the proceedings of this day in the writing of Roger Alden in is Papers of the Continental Congress, No. 36, IV, pp. 13, 14 and 16.]
[Note 3: 3 Papers of the Continental Congress, No. 36, III, p. 347, in the writing of Mr. Dyre Kearny.]
Resolved, That on the last friday in the present month, Congress will adjourn to meet on the first Monday in June next at the city of Philadelphia in the State of Pensylvania, and the President of Congress is hereby authorised and directed on the said last friday in the present Month to adjourn Congress to the said first Monday in June next to meet in the city of Philadelphia, in the State of Pensylvania, and that the Secy. of Congress, and the heads of the several Departments, take order for the removal of the books and papers belonging to their respective Officers to the said city of Philadelphia.
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A motion was then made by Mr [James Mitchel] Varnum to amend the motion be striking out the words, "at the city of Philadelphia in the State of Pensylvania", and in lieu thereof to insert, "Newport in the State of Rhode Island and Providence plantations"
And on the question to agree to this amendment, the Yeas and Nays1 being required by Mr [James Mitchel] Varnum,
[Note 1: 1 A record of this vote and that on the following motion, in the writing of Roger Alden, is in Papers of the Continental Congress, No. 55, p. 179.]
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So it passed in the negative.
A Motion was then made by Mr [Rufus] King to amend the motion by striking out the following words, "at the city of Philadelphia, in the State of Pensylvania, and to meet in the said city of Philadelphia in the state of Pensylvania, and that the Secretary of Congress and the heads of the several departments take order for the removal of the books and papers belonging to their respective Offices to the said city
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of Philadelhphia", so that it read, Resolved that on the last friday in the present month Congress will adjourn to meet on the first monday in June next, and the President of Congress is hereby authorised and directed on the said last friday in the present month to adjourn Congress to the said first Monday in June next.
And on the Question, shall these words stand the Yeas and Nays being required by Mr [Dyre] Kearny,
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So it was resolved in the Affirmative.
A Motion was then made by Mr [Rufus] King to strike out the following words, "on the last friday in the present month," and when the question was about to be put, the Yeas and Nays being required, the determination thereof was put off till tomorrow, by the State of Massachusetts.
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On motion of Mr [Abraham] Clark1 seconded by Mr [William] Grayson,
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 343. See Journals, vol. XX, p. 480.]
Resolved, That the right of a State under the 22d Article of the rules of the house, to put off the decision of a question, shall be construed to relate only to the final question, on the entire Ordinance, or proposition depending, and not to any motion for amendment.
[Report of Committee on memorial of J. Porter2]
[Note 2: 2 Papers of the Continental Congress, No. 19, V, p. 209, in the writing of Mr. Abraham Clark. Read April 10, 1787. See March 27, 1787 and May 22, 1788.]
The Come consisting of Mr. [Abraham] Clark Mr [Rufus] King and Mr. [William] Pierce, to whom was referred the Memorial of John Porter late Major in the 6th. Massachusetts Battalion belonging to the Army of the United States, report,
That having examined the Case of the sd. John Porter, it appears that on the 12th. day of October 1782, he was, by order of the Commander in Chief tried by a Court-Martial for Absenting himself from his Regiment and going beyond sea without proper permition, and that in Consequence thereof, he was Sentenced to be discharged the Service of the United States.
That Considering the Case of Mr. Porter, and the Circumstances attending his discharge, your Committee, while they approve of the Sentence of the Court-Martial, as necessary for preserving Strict discipline in the Army, cannot but consider his offence as Arising principly from Mistake and Accident, and not from a design to Abandon or injure the Service, as it appears he had ever before Supported the Character of a good Officer, whereupon
Resolved that Major Porter be Considered as meriting the Approbation of Congress for his long and faithful Services in the Army untill the time of his Absence which Occasioned his dismission, but that the priviledges and emoluments granted to those who continued in the Service to the end of the War cannot be Allowed to him.3
[Note 3: 3 April 10, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 144, the following committee was appointed:
Mr. William Irvine, Mr. James Madison and Mr. Abraham Clark on a letter from J. M. P. Legras to General Wilkinson, February 3, 1787, read April 10, together with an enclosed memorial of the inhabitants of St. Vincennes to the Legislature of Kentucky. French originals with English translations. Papers of the Continental Congress, No. 48, pp. 301, 305, 307--314. This was the same committee as that of March 29 on other Illinois papers. Mr. Irvine was replaced by Mr. Nathan Dane, on April 18, 1787. Report rendered May 7, 1787.
Also according to the Committee Book the following matters were referred:
Memorial of Joseph Lewis, April 9, 1787, read April 10, for wages and prize money. Papers of the Continental Congress, No. 41. V, p. 432. Referred to the Commissioner for Marine Accounts to report. Report rendered April 12, 1787.
Memorial of Joseph Howell, received April 5, 1787, respecting the reduction of his salary. Referred to the Board of Treasury to report.
Motion of Mr. William Pierce respecting certificates issued to officers of the line of Georgia. Referred to the Board of Treasury to report.
Resolution, copied verbatim, of the Board of Treasury from its report, read March 26, 1786, on case of Captain Thomas Machin, was referred to the Commissioner for Army Accounts to take order.
According to indorsement was read:
Petition of Clocy Jervis, wife of Charles Jervis, April 9, 1787, for the latter's pay as a soldier. Papers of the Continental Congress, No. 42, IV, pp. 88--89.]
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