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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, MAY 10, 1787
Congress Assembled present before.
A motion2 was made by [Mr. William] Pierce, seconded by Mr [William] Few for repealing the order3) passed Sept. 1st. 1786, and on the Question to agree to the motion, the Yeas and Nays4 being required by Mr [William] Pierce,
[Note 2: 2 Papers of the Continental Congress, No. 36, III, p. 289, in the writing of Mr. William Pierce.]
[Note 3: 3 Journals, vol. XXXI, p. 621.]
[Note 4: 4 There is a record of the yeas and nays taken on this day, in the writing of Roger Alden, in the Papers of the Continental Congress, No. 49, pp. 337 and 339.]
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So it was
Resolved, That the order passed on the first day Sept. 1786 in the words following, viz. "that when a Question is set aside by the previous question, it shall not be in order afterwards, formally or substantially to move the same, unless there shall be the same, or as many States represented in Congress", be, and the same is hereby repealed.
1A motion2 was made by Mr [Dyre] Kearny seconded by Mr [Samuel] Meredith, in the words following viz.
[Note 1: 1 From this point there is a skeleton draft of the proceedings of this day. in the writing of Roger Alden, in Papers of the Continental Congress, No. 49, pp. 333--335.]
[Note 2: 2 Papers of the Continental Congress, No. 36, III, p. 361, in the writing of Mr. Dyre Kearny, before changes were made.]
Resolved, That on the 16th. of the present month Congress will adjourn to meet on the second Monday in June next at the city of Philadelphia in the state of Pensylvania for the dispatch of public business And the President of Congress is hereby authorised and directed on the said 16th. day of May to adjourn Congress accordingly.
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This being objected to as not in order and the President calling for the Judgment of the House, the Question was stated by Mr [Rufus] King1 in the words following, viz.
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 355, in the writing of Mr. Rufus King in outline form.]
Is the motion of Mr Kearny in order? the same being in direct opposition to a clause of an Ordinance2 of Congress of the 23d day of Decr. 1784, in the words following, viz. That on the 24th. day of December instant Congress stand adjourned to meet at the city of New York, on the 11th. day of Jany 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.
[Note 2: 2 Journals, vol. XXVII, p. 704.]
On the Question the Yeas and Nays being required by Mr [Rufus] King,
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So the motion was set aside as being out of order.
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[Ordinance for the government of the Western Territory 1]
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 95--96. This was the print ordered on May 9, 1787. Reading the text with the lined type and omitting the bracketed portions gives the form in which the Ordinance stood after the debate of May 9. Reading the text with the bracketed portions and omitting the lined type gives the form, resulting from the debate of May 10 and July 9, in which it was recommitted on July 9, 1787. See April 26 and July 13, 1787.]
An Ordinance for the [temporary] government of the Western Territory [of the U S N W of the River Ohio, until some shall be divided into different States]
It is hereby ordained by the United States in Congress assembled, that there shall be appointed from time to time, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress.
There shall be appointed by Congress, from time to time, a secretary, whose commission shall continue in force for four years, unless sooner revoked by Congress. It shall be his duty to keep and preserve the acts and laws passed by the general assembly, and public records of the district, and of the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months, to the secretary of Congress.
There shall also be appointed a court, to consist of three judges, any two of whom shall form a court, who shall have a common law jurisdiction, whose commissions shall continue in force during good behaviour.
And to secure the rights of personal liberty and property to the inhabitants and others, purchasers in the said district [territory], it is hereby ordained, that the inhabitants of such districts [thereof] shall always be entitled to the benefits of the act of habeas corpus, and of the trial by jury.
The governor and judges, or a majority of them shall adopt and publish in the districts [territory aforesd.], such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district [inhabitants], and report them to Congress from time to time, which [laws] shall prevail [be in force] in said district [territory], until the organization of the general assembly, unless disapproved of by Congress; but afterwards the general assembly shall have authority to alter them as they shall think fit; provided, however, that said assembly shall have no power to create perpetuities.
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The governor for the time being shall be commander in chief of the militia, and appoint and commission all officers in the same, below the rank of general officers; all officers of that rank shall be appointed and commissioned by Congress.
Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary for the preservation of peace and good order in the same. After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall during the continuance of this temporary government, be appointed by the governor.
The governor shall, as soon as may be, proceed to lay out the district [said territory], into counties and townships, subject however to such alterations, as may thereafter be made by the legislature, so soon as there shall be 5000 free male inhabitants, of full age, within the said district [territory], upon giving due proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships as aforesaid, to represent them in general assembly; provided that for every 500 free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation encrease, until the number of representatives amount to 25, after which the number and proportion of representatives shall be regulated by the legislature; provided that no person shall be eligible or qualified to act as a representative unless he shall be a citizen of one of the United States, or have resided within such district [territory] three years, and shall likewise hold in his own right, in fee simple, 200 acres of land within the same; provided also, that a freehold, or life estate in fifty acres of land in the said district, if a citizen of any of the United States, and two years residence if a foreigner, in addition, shall be necessary to qualify a man as elector for the said representative.
The representatives thus elected, shall serve for the term of two years, and in case of the death of a representative or removal from office, the governor shall issue a writ to the county or township for which he was a member to elect another in his stead, to serve for the residue of the time.
The general assembly shall consist of the governor, a legislative council, to consist of five members, to be appointed by the United
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States in Congress assembled, to continue in office during pleasure, any three of whom to be a quorum, and a house of representatives, who shall have a legislative authority complete in all cases for the good government of said district [territory]; provided that no act of the said general assembly shall be construed to affect any lands the property of the United States, and provided further, that the lands of the nonresident proprietors shall in no instance be taxed higher than the lands of residents.
All bills shall originate indifferently either in the council or house of representatives, and having been passed by a majority in both houses, shall be referred to the governor for his assent, after obtaining which, they shall be complete and valid; but no bill or legislative act whatever, shall be valid or of any force without his assent.
The governor shall have power to convene, prorogue and dissolve the general assembly when in his opinion it shall be expedient.
The said inhabitants or settlers shall be subject to pay a part of the federal debts, contracted, or to be contracted, and to bear a proportional part of the burthens of the government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states.
The governor, judges, legislative council, secretary and such other officers as Congress shall at any time think proper to appoint in such district [territory], shall take an oath or affirmation of fidelity [and of office]; the governor before the president of Congress, and all other officers before the governor; [according to the form] prescribed on the 27th day of January, 1785, to the secretary at War, mutatis mutandis.
Whensoever any of the said states shall have of free inhabitants as many as are equal in number to the one thirteenth part of the citizens of the original states, to be computed from the last enumeration, such state shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states; provided the consent of so many states in Congress is first obtained, as may at that time be competent to such admission.
Resolved, That the resolutions of the 23d of April, 1784, be, and the same are hereby annulled and repealed.
The order of the day was called by the State of Massachusetts, for the third reading of the Ordinance for a temporary government of the western territory,1 and being postponed.
[Note 1: 1 See May 9, 1787, for second reading. See July 9, 1787.]
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A motion 1 was made by Mr [Dyre] Kearny seconded by Mr [William] Blount in the words following, viz.
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 361, in the writing of Mr. Dyre Kearny. This is the same motion as that previously offered, but with the addition of the final clause with a different quill.]
Resolved, that on the 16th. of the present month, May, Congress will adjourn to meet on the second Monday in June next at the city of Philadelphia in the state of Pensylvania for the dispatch of public business. And the President of Congress is hereby authorised and directed on the said 16th. day of May to adjourn Congress accordingly, anything in the Ordinance of the 23d. of Decr. 1784 contained, to the contrary notwithstanding.
A motion2 was then made by Mr [Henry] Lee, seconded by Mr [Daniel] Huger to postpone the motion before the house to take up the following, viz.
[Note 2: 2 Papers of the Continental Congress, No. 36, III, pp. 357--358, in the writing of Mr. Henry Lee. The original motion states the second was by Mr. Carrington and in Alden's draft of the proceedings, Carrington's name was first written and then crossed off.]
"Whereas the convenient and due administration of the government of the United States requires that a permanent situation most central to all parts of the Union be established for holding the sessions of Congress,
Resolved, That the board of Treasury take measures for erecting the necessary public buildings for the accommodation of Congress at Georgetown on the Potowmac river so soon as the soil and jurisdiction of the said town are obtained, and that on the completion of the said buildings that Congress adjourn their sessions to the said federal town.
Resolved, That the States of Maryland and Virginia be allowed a credit in the requisition of 1787 and in the arrearages due on past requisitions for such sums of money which they may respectively furnish towards the erection of the said buildings."
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On the question to postpone for the purpose abovementioned, the Yeas and Nays being required by Mr [Henry] Lee,
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So the Question was lost.
A motion1 was then made by Mr [Henry] Lee seconded by Mr [Edward] Carrington to amend the motion before the house by adding the following words,
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 359, in the writing of Mr. Henry Lee. The original motion and Alden's draft of the proceedings state that Mr. Huger seconded the motion.]
That the board of treasury take order for the payment of all just expences which the Officers of the United States, may be involved in by the adjournment of Congress before the expiration of the Year.
And on the question for Amendment the Yeas and Nays being required by Mr [Henry] Lee
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So the Question was lost.
A motion1 was then made by Mr [Edward] Carrington seconded by Mr [Nathan] Dane to amend the motion before the house, by striking out "the 16th. of the present month", and "second Monday in June next", and insert "the 10th. of Oct. next" and "the 30th of the same."
[Note 1: 1 There is indication of this motion on the original motion in Papers of the Continental Congress, No. 36, III, p. 361.]
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On the question to agree to the Amendment, the Yeas and Nays being required by Mr [Edward] Carrington
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So the Question was lost.
A motion was then made by Mr [Nathan] Dane to amend the motion by striking out "on the second Monday in June next", and the question being lost the words were struck out.1
[Note 1: 1 May 10, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, pp. 149--150, the following were referred:
Letter of Nathaniel Cutting to President of Congress, dated and read May 10, 1787, requesting appointment as consul at Havre de Grace. Papers of the Continental Congress, No. 78, VI, pp. 327--328. Referred to the Secretary for Foreign Affairs to report.
The report of the Secretary of Congress on an inscription to General Montgomery was referred to the Secretary to take order to transmit to the Governor of New York. This inscription is entered in the Committee Book by Roger Alden and another copy by Thomson is wafered in. See April 26 and May 7, 1787.]
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