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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, SEPTEMBER 27, 1787.
Congress assembled, present as before.
According to Order Congress resumed the Consideration of the form of a Constitution3 for the United States of America framed and transmitted to Congress by the Convention of the States held at Philadelphia pursuant to the Resolve of the twenty first day of February last. And a motion4 being made by Mr R[ichard] H[enry] Lee seconded by Mr [Melanction] Smith in the words following "Resolved That Congress after due attention to the Constitution under which this body exists and acts find that the said Constitution in the thirteenth Article thereof limits the power of Congress to the amendment of the present confederacy of thirteen states, but does not extend it to the creation of a new confederacy of nine states; and the late Convention having been
[Note 3: 3 See September 20, 1787. This subject was first considered September 26, and was acted on September 28, 1787.]
[Note 4: 4 Papers of the Continental Congress, No. 36, III, p. 377, in the writing of Mr. Richard Henry Lee.]
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constituted under the authority of twelve states in this Union it is deemed respectful to transmit and it is accordingly ordered that the plan of a new federal constitution laid before Congress by the said convention be sent to the executive of every state in this Union to be laid before their respective legislatures."
A motion was made by Mr [Abraham] Clarke seconded by Mr [Nathaniel] Mitchel to postpone the consideration of that Motion in order to take up the following "That a copy of the Convention of the several states with their resolution and the letter accompanying the same be transmitted to the executives of each state to be laid before their respective legislatures in order to be by them submitted to conventions of delegates to be chosen agreeably to the said resolutions of the Convention".
On the question to posptone for the purpose above mentioned the yeas and nays being required by Mr R[ichard] H[enry] Lee
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So it was resolved in the affirmative.
On motion of Mr [Edward] Carrington seconded by Mr [William] Bingham the motion of Mr [Abraham] Clarke was postponed to take into consideration the following motion viz "Congress proceeded to the consideration of the Constitution for the United States by the late Convention held in the City of Philadelphia and thereupon resolved That Congress do agree thereto and that it be recommended to the legislatures of the several states to cause conventions to be held as speedily as may be to the end that the same may be adopted ratified and confirmed.
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[Motion of Mr. Dane on new constitution 1]
[Note 1: 1 Papers of the Continental Congress, No. 36, III, pp. 375--376, in the writing of Mr. Dane. It is indorsed by Thomson as of October 1787, which is evidently an error.]
Whereas Congress sensible that there were defects in the present Confederation; and that several of the States were desirous that a Convention of Delegates should be formed to consider the same, and to propose necessary alterations in the federal Constitution; in February last resolved that it was in their opinion expedient that a Convention of the States should be held for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several legislatures, such alterations and provisions therein, as should when agreed to in Congress, and be confirmed by the States, render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union.
And whereas it appears by Credentials laid before Congress, that twelve States appointed Delegates who assembled in Convention accordingly, and who did on the 17th. instant, by the unanimous consent of the States then present in convention agree upon, and afterwards lay before Congress, a Constitution for the United States, to be submitted with the to a convention of Delegates, chosen in each State by the people thereof, under the recommendation of its legislature, for their Assent and ratification which constitution appears to be intended as an entire system in itself, and not as any part of, or alteration in the Articles of Confederation; to alterations in which Articles, the deliberations and powers of Congress are, in this Case, constitutionally confined, and whereas Congress cannot with propriety proceed to examine and alter the said Constitution proposed, unless it be with a view so essentially to change the principles and forms of it, as to make it an additional part in the said Confederation and the members of Congress not feeling themselves authorised by the forms of Government under which they are assembled, to express an opinion respecting a System of Government no way connected with those forms; but conceiving that the respect they owe their constituents and the importance of the subject require, that the report of the Convention should, with all convenient dispatch, be transmitted to the several States to be laid before the respective legislatures thereof therefore
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Resolved that there be transmitted to the supreme executive of each State a copy of the report of the Convention of the States lately Assembled in the City of Philadelphia signed by their deputies the seventeenth instant including their resolutions, and their letter directed to the President of Congress.
[Report of Secretary of Congress on letter of T. Barclay 1]
[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 62. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 168, the letter and accounts were referred to the Board of Treasury. See September 25, 1787.]
Office of Secy of Congress
Sept. 27 1787
On the letter of 25 June last from Mr. T. Barclay containing observations on the Accots of Logoanere and Co.
The Secy of Congress reports that the letter of 25 June 1787 from Mr T. Barlcay with the accots. which accompany it be transmitted to the Board of treasury.
[Letter of Secretary at War regarding troops 2]
[Note 2: 2 Papers of the Continental Congress, No. 150, II, pp. 525--526, read September 27, 1787. The original return is on p. 521. See September 28 and October 3, 1787.]
War Office September 26, 1787.
Sir: I have the honor to submit to Congress a return of the number of noncommissioned officers and privates in the service of the United States, and a statement of the periods of their services.
As the greater part of the force on the Ohio will be discharged in the course of the ensuing year it is proper that Congress should be apprized thereof in order that such seasonable measures may be taken on the occasion as they shall judge necesary.
The troops on the frontiers possess a considerable degree of discipline, and a knowledge of the country which render their services more valuable than any new levies; therefore it would be advantageous to the public interest to retain as many of them in service as possible.
But perhaps the measure could be effected only by a new requisition on the same states which furnished the requisition of April 1785, namely, Connecticut New York New Jersey and Pennsylvania.
The spirit of desertion has deeply infected the two companies of artillery raised in Massachusetts forty eight having deserted since
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the latter part of April. The officers ascribe this unworthy conduct to a discontent on being retained in service while the other recruits engaged on the same conditions were disbanded by the resolve of the 9th. April. To jealousies infused into their minds by bad citizens, and to an apprehension of being ill paid.
It may be observed that should Congress decide on a number of troops nearly equal to the present establishment, perhaps it might not be necessary during the next year to raise any more than would replace the men whose services would terminate.
I have the honor to be, etc.,
H. Knox
His Excellency
The President of Congress
[Report of Commissioner of Army Accounts on petition of J. Huntington 1]
[Note 1: 1 Papers of the Continental Congress, No. 62, pp: 215--216, read September 27, 1787. See September 24, 1787.]
The Commissioner of Army Accounts to whom was referred the Memorial of Jedediah Huntington late a Brigadier General in the Army of the United States begs leave to report, That the difficulty attending the Petitioner's and other Similar Cases has been that the General Officers not being Confined to one daily ration as was the Case with the regimental Officers, have drawn from the different Commissaries such quantitys of provisions on Account, as they thought proper for the Supply of their respective tables; that but few of these Gentlemen have kept any regular Accounts of their drafts upon the Commissaries, and that the Accounts of such Issues are so deficient that the Commissioner for the department cannot furnish from his Office such information as will probably include the whole quantity drawn by each Officer.
Your Commissioner therefore by reason of this uncertainty declined the Settlement of these Gentlemens Accounts, none of which have been closed excepting those of General Thompson under the resolution of Octr. 3d. 1786 and General St. Clair under that of February 3d. 1787.
Your Commissioner begs leave further to report that General Huntignton has rendered such an Account of the rations he has received as that he is ready to Attest to their Amount and that the
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above mentioned Cases being precedents in his favor his demand has no farther Objections than what they were attended with.
All which is Humbly Submitted
Jno Pierce
Office of Army Accounts,
September 25th. 1787
[Report of Commissioner of Army Accounts on petition of M. Henderson 1]
[Note 1: 1 Papers of the Continental Congress, No. 62, pp. 223--225, read September 27, 1787. According to indorsement the memorial was withdrawn at the request of the memorialist and the paper delivered on September 28, 1787. See September 21, 1787.]
The Commissioner of the Army Accounts to whom was referred the Petition of Michael Henderson begs leave to report
That the Petitioner appears by a Certificate of William McDonald late a Lieut. Colo. in his Brittannick Majestys Service to have served in the Brittish Army in the late War against Canada which Service intitled him to have received by that Kings proclamation dated the 7h. of October 1783, a grant for three Thousand Acres of land.
That the grants of this Land by the before mentioned proclamation, was Confined, within the bounds of the present States jurisdictions, and not within the Country now ceded by any of the States to the Union.
That the Petitioner has produced his own Attestation that he has not received this donation, but it is not in the power of Your Commissioner from any records or papers of the United States to determine who has or who has not received it.
That the time and Opportunity which have elapsed since the Petitioner became intitled to receive this Land are presumptive evidence, that there must have been a defect in his Title or that the whole evidence respecting it does not Appear.
That there is at present no precedent established by the United States in Congress Authorising such a donation, wherefore your Commissioner humbly Conceives that the Case of the Petitioner cannot be Considered by the Union and that the truth of it will be better understood and the Equity of it more properly Acknowledged
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by the State where the Officers Lands in the same Service, were located and which is at present in possession of those Lands formerly Assigned for this purpose by the Brittish Government.
Your Commissioner further begs Leave to report, that the Petitioner has no title to any Lands of Congress under any existing resolution by Virtue of his being an Officer of the United States, for the following reasons.
All which is humbly submitted
Jno Pierce Commisr
Office of Army Accounts
Septemr. 26th. 1787
[Report of Commissioner of Army Accounts on petition of W. Blodget 1]
[Note 1: 1 Papers of the Continental Congress, No. 62, pp. 219--220, read September 27, 1787. See September 21, 1787.]
The Commissioner of Army Accounts to whom was referred the Petition of William Blodget late an Aid de Camp to General Greene begs Leave to report
That the Petitioner had a regular Appointment from General Greene as his Aid de Camp in 1776 and Continued to Act in that Capacity untill some time in June 1779; that on the 14th. of that Month he received a Letter from the War Office in which he is Considered as having left the General's family, as the Board say, his feelings did not permit him to Act any further in that Line of duty; that he went immediately after this into the Sea Service and is returned in the Marine Office as a Chaplain to the Dean Frigate, in which Capacity he Continued for some time and never did duty after as an Aid do Camp or returned to the Army in any other station, that Major General Greene not being allowed by the Resolves of Congress more
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than two Aids, one of which was Major Burnet and the Petitioner the other, his place was Supplyed immediately on his leaving General Greene by Lieut. Colo. Morris who Continued as Aid to the General and with Major Burnet drew pay as such from that time to the End of the War, that the Appointment of Aids in the first years of the War was made by the Major General's themselves and the rank granted to them by the resolution1 of June 5th. 1776 Appears never to have been Confirmed by any Commission in the line untill the resolution2 of February 21st. 1780.
[Note 1: 1 Journals, vol. V, p. 418.]
[Note 2: 2 Journals, vol. XVI, p. 182.]
Your Commissioner therefore is humbly of Opinion that Considering the nature of the Petitioner's Appointment at the time of his leaving the General's family; his Entering into another Service; his place being Supplyed by Colo. Morris; and his never returning to his former Station, that he must be esteemed as Out of the Service after June 1779 and as not entitled to any benefits or Appointments that were granted to the Aids and the other Officers of the Line after that period.
All which is humbly Submitted
Jno Pierce Commissr. 3
[Note 3: 3 September 27, 1787. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 19, the following petitions were received:
Petition of Robert Harris, late a lieutenant in the Navy, for depreciation on his pay and for a share of the prizes taken.
Petition of David Barclay, late doorkeeper to the Court of Appeals, for payment of his salary.]
Office of Army Accounts
September 26th. 1787
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