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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, JULY 3, 1788.
Congress assembled present New hampshire Massachusetts Rhode island New York New Jersey, Pensylvania Virginia North Carolina South Carolina and Georgia and from Connecticut Mr [Benjamin] Huntington and from Maryland Mr [Benjamin] Contee.
The Order of the day being called for, the motion5 of Mr [John] Brown was read in the words following
[Note 5: 5 Papers of the Continental Congress, No. 20, II, pp. 337--338, in the writing of Mr. John Brown. It is indorsed as debated July 3, 1788. See February 29, March 4, May 30, June 2 and July 2, 1788.]
Whereas it appears to Congress that the state of Virginia by two acts of the legislature thereof, one entitled "an Act concerning the erection of the district of Kentucky into an independent State passed at their October session in the year 1785, the other passed at their October session in the year 1786 entitled "An Act making further provision for the erection of the district of Kentucky into an Independent
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state" hath entered into a solemn compact with that part of the said state called the district of Kentucky permitting the same to be erected into a separate and independent state to be admitted into Union with the United States as a federal member thereof upon certain terms and conditions in the said acts stipulated and it further appearing to Congress that the said district in convention assembled did in conformity to the said acts by certain resolutions1 entered into on the 22d day of Sept 1787 determine that it was expedient that the said district should be erected into an independent state on the terms and conditions specified in said acts and did present to Congress an address praying to be admitted into union with the United States as a federal member and Whereas it appears to Congress to be just and reasonable that the application of the said district of Kentucky should be complied with Resolved therefore that the United States in Congress Assembled do ratify and confirm the compact entered into between the state of Virginia and the district of Kentucky agreeably to the acts and resolutions aforesaid and that the said district be admitted into Union with the United States as an independent federal member on the 1st day of January 1789 and be stiled the Commonwealth of Kentucky. Resolved that Congress will release the state of Virginia from all federal obligations arising within the said district after the said first day of Jany 1789 and from such part of her quota of the continental debt as shall be apportioned to the said district whenever the same shall have been ascertained agreeably to the stipulations of the compact aforesaid. Resolved that the said district shall be admitted to a representation in Congress after the said first day of January 1789 provided from an accurate census it shall appear that the said district contains sixty thousand inhabitants."
[Note 1: 1 Papers of the Continental Congress, No. 71, p. 587.]
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A motion1 was made by Mr [Nathan] Dane seconded by Mr [Thomas Tudor] Tucker to postpone the consideration of the foregoing motion in order to take up the following
[Note 1: 1 Papers of the Continental Congress, No. 20, II, pp. 341--343, in the writing of Mr. Nathan Dane. See February 29, March 4, June 2 and 3, 1788.]
Whereas application has been lately made to Congress by the legislature of Virginia and the district of Kentucky for the admission of the said district into the federal Union as a separate member thereof on the terms contained in the Acts of the said legislature and in the resolutions of the said district relative to the premisses
And whereas Congress having fully considered the subject did on the third day of June last resolve that it is expedient that the said district be erected into a sovereign and independent state and a separate member of the federal Union and appointed a committee to report An Act accordingly which committee on the second instant was discharged, it appearing that nine states had adopted the Constitution of the United States lately submitted to conventions of the people; and whereas a new confederacy is formed among the ratifying States and it is highly probable that the state of Virginia including the said district has already become a member of the said Confederacy. And whereas an Act of Congress in the present state of the government of the country severing a part of the said state from the other parts thereof and admitting it into the Confederacy formed by the Articles of Confederation and perpetual Union as an independent member thereof may be attended with dangerous consequences while it can have no effect to make the said district a separate member of the federal Union formed by the adoption of the said constitution and therefore it must be manifestly inexpedient for Congress assembled under the said articles of Confederation to adopt any other measures relative to the premisses than those which express
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their sense that the said district ought to be an independent member of the Union as soon as circumstances shall permit proper measures to be adopted for that purpose. Resolved that a copy of the proceedings of Congress relative to the independency of the district of Kentucky be transmitted to the legislature of Virginia and that the said legislature be informed that as the constitution of the United States is now ratified Congress think it unadviseable to adopt any further measures for admitting the district of Kentucky into the federal Union as an independent member thereof under the articles of Confederation and perpetual Union, but that Congress thinking it expedient that the said district be made a separate state and member of the Union as soon after proceedings shall commence under the said constitution as circumstances shall permit recommend it to the said legislature and to the inhabitants of the said district so to alter their Acts and resolutions relative to the premisses,1 as to render them conformable to the provisions made in the said constitution to the end that no impediment may be in the way of the speedy accomplishment of this important business.
[Note 1: 1 From this point the motion is in the writing of Mr. Thomas Tudor Tucker This clause was substituted for the concluding clause written by Dane, which reads as follows: "that the said District may remain in peace and harmony a part of the said state, and as a part thereof be represented in the Congress which shall assemble under the said Constitution, until measures can be conveniently adopted for admitting the said District into the Union as an independent member thereof."]
On the question to postpone for the purpose above mentioned the yeas and nays being required by Mr [John] Brown.
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So it passed in the Affirmative and the first Motion being postponed and the second taken into consideration and amended; and on the question to agree to the Motion as amended1 the yeas and nays being required by Mr [Abraham] Yates
[Note 1: 1 The amended form of the motion is indicated on the original motion in Papers of the Continental Congress, No. 20, II, pp. 341--343.]
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So it passed in the affirmative as follows
Whereas application has been lately made to Congress by the legislature of Virginia and the district of Kentucky for the admission of the said district into the federal Union as a separate member thereof on the terms contained in the acts of the said legislature and in the resolutions of the said district relative to the premisses. And whereas Congress having fully considered the subject did on third day of June last resolve that it is expedient that the said district be erected
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into a sovereign and independent state and a separate member of the federal Union and appointed a committee to report an Act accordingly, which committee on the second instant was discharged, it appearing that nine states had adopted the constitution of the United States lately submitted to Conventions of the people. And whereas a new Confederacy is formed among the ratifying States and there is reason to believe that the State of Virginia including the said district did on the 25 of June last become a member of the said Confederacy; And Whereas An Act of Congress, in the present state of the government of the country, severing a part of the said state from the other parts thereof and admitting it into the confederacy formed by the articles of Confederation and perpetual Union as an independent member thereof may be attended with many inconveniences while it can have no effect to make the said district a separate member of the federal Union formed by the adoption of the said constitution and therefore it must be manifestly improper for Congress assembled under the said Articles of Confederation to adopt any other measures relative to the premisses than those which express their sense that the said district ought to be an independent member of the Union as soon as circumstances shall permit proper measures to be adopted for that purpose.
Resolved That a copy of the proceedings of Congress relative to the independency of the district of Kentucky be transmitted to the legislature of Virginia and also to Samuel Mc Dowell esqr late president of the said Convention, and
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that the said Legislature and the inhabitants of the district aforesaid be informed, that as the constitution of the United States is now ratified, Congress think it unadviseable to adopt any further measures for admitting the district of Kentucky into the federal Union as an independent member thereof under the Articles of Confederation and perpetual Union; but that Congress thinking it expedient that the said district be made a separate State and member of the Union as soon after proceedings shall commence under the said constitution as circumstances shall permit, recommend it to the said legislature and to the inhabitants of the said district so to alter their acts and resolutions relative to the premisses as to render them conformable to the provisions made in the said constitution to the End that no impediment may be in the way of the speedy accomplishment of this important business.
On the report1 of a comee . consisting of Mr [Abraham] Baldwin Mr [Nathan] Dane Mr [Jonathan] Dayton Mr [Dyre] Kearny and Mr [Nicholas] Gilman
[Note 1: 1 See July 1, 1788. See also June 6, 1788.]
Resolved,2 That the Post Master General be and he hereby is authorised and instructed to enter into contracts with sufficient security, for the conveyance of the mails for one Year, commencing on the first day of January next, from Portland in Massachusetts to the State of Georgia, by stage carriages or horses, as he may judge most expedient and beneficial; provided that preference is given to the transportation by stages, to encourage that useful institution, when it can be done without material injury to the public; and that the Mail be conveyed three times each week from the first
[Note 2: 2 Roger Alden takes up the entry.]
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of May to the first of November, and twice a week from the first of Novr . to the first of May, from Portland in Massachusetts to Suffolk in Virginia, and from Suffolk to the State of Georgia, agreeably to the resolution1 of the 15th . of October 1787; the same to be done by four or more separate contracts.
[Note 1: 1 Journals, vol. XXXIII, p. 684.]
In case of only four contracts, the first shall extend from Portland to New York; the second from New York to Philadelphia; the third from Philadelphia to Suffolk in Virginia and the fourth from Suffolk to the State of Georgia by such route as the Post Master General may find most convenient and proper.
Resolved, That the Post Master General be and he hereby is authorised and instructed to make arrangements for the transportation of the mail for one Year from the first day of January next on the cross roads mentioned in the resolves of Congress passed the 4th . Sept . 1786 2 and the 27th of July 17873 on the principles provided in the resolution 4 of the 15th Feby 1787.
[Note 2: 2 Journals, vol. XXXI, pp. 629--630.]
[Note 3: 3 Journals, vol. XXXIII, p. 418.]
[Note 4: 4 Journals, vol. XXXII, pp. 59--60.]
Resolved, That the Post Master General be and he hereby is directed to employ posts for the regular transportation of the mail for one Year from the 1st of Jany next between the city of Philadelphia and the town of Pittsburg in the State of Pensylvania, by the route of Lancaster, Yorktown, Carlisle, Chamberstown and Bedford; And between Portland and Pownalborough in the State of Massachusetts,5 and that the mail be dispatched once in each fortnight from the Post Offices respectively.
[Note 5: 5 The clause "and between ...... of Massachusetts" was added to the original report on a motion, which, in the writing of Mr. Nathan Dane, is in Papers of the Continental Congress, No. 61, p. 574. It was also written on the report by Roger Alden.]
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Resolved, That the stated Committee of the Post Office appointed in pursuance of the resolution1 of the 17th . June 1782 be instructed to superintend the execution 1of the preceeding resolves, and to report specially thereon to Congress.
[Note 1: 1 Journals, vol. XXII, p. 334.]
2When the foregoing act was under debate a motion was made by the delegates of Georgia to add in the last resolve but one after the word Massachussets, the words "and from Savannah to Augusta in Georgia" and on the question to agree to this addition the yeas and nays being required by Mr [William] Few
[Note 2: 2 Charles Thomson resumes the entry.]
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So the question was lost.
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