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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, JULY 8, 1788.
Congress assembled. Present as yesterday.
Congress resumed the Consideration proceeded in the second reading of the supplement to the Ordinance for ascertaining the mode of disposing of lands in the western territory,1 and the following clause being under debate
[Note 1: 1 See July 7 and 9, 1788.]
And whereas Congress on the 13 day of Sept 1783 fixed the terms and conditions2 upon which they would accept a cession of claims to western territory from the state of Virginia and whereas the said state on the 20th day of Oct. 1783 agreed to the same terms and conditions and by her act3 authorised her delegates in Congress to convey transfer and assign to the United States the right, title and claim of the said state to the lands within her charter and northwest of the river Ohio on the said terms and conditions proposed by Congress; And the said delegates made a conveyance accordingly on the said conditions; among which conditions is the following to wit "That in case the quantity of good lands on the south east side of the Ohio, upon the waters of Cumberland river and between the Green river and Tenesee river which have been reserved by law to the Virginia troops upon continental establishment should from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties the deficiency should be made up to the said troops in good lands to be laid off between the rivers Sciota and Little Miami on the north west side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia." And whereas the said deficiency of lands on the south east side of the Ohio has not in any manner been ascertained to Congress, nor has it been alledged by the said
[Note 2: 2 Journals, vol. XXV, pp. 559--564.]
[Note 3: 3 Papers of the Continental Congress, No. 75, pp. 388--391, attested copy.]
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state or troops that there is any deficiency of such lands on the said south east side of the Ohio, either from the bearing in of the said North Carolina line further than was expected or from any other cause, which deficiency ought to be shewn previously to lands being laid off for the said troops between the said rivers Scioto and Miami."
A motion was made by Mr [Edward] Carrington seconded by Mr [John] Brown to strike out the words "And whereas the said deficiency of lands on the south east side of the Ohio &c to the words "Sciota and little Miami" inclusive. And on the question shall those words stand the yeas and nays being required by Mr [Nathan] Dane.
{table}
So the question was lost and the words were struck out.
A motion was then made by Mr [Nathan] Dane second by Mr [Abraham] Clarke in lieu of the words struck out to insert
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Be it further ordained that no surveys made or which shall be made by or on account of the said Virginia troops on the north west side of the Ohio between the said rivers Sciota and little Miami before the said deficiency of lands on the South east side of the Ohio shall be ascertained and due notice thereof given shall by Congress be deemed valid.
And on the question to agree to this the yeas and nays being required by Mr [Jonathan] Dayton
{table}
So the question was lost.
[Report of committee on new Constitution1]
[Note 1: 1 Papers of the Continental Congress, No. 23, pp. 333--335, in the writing of Mr. Edward Carrington. According to indorsement it was read July 8, and made the order of the day for Thursday (sic), July 9, 1788. The Committee Book, Papers of the Continental Congress, No. 190, p. 197, and Reports of Committees, Papers of the Continental Congress, No. 189, p. 36, give July 9 as the date of the report. A broadside of the report, with manuscript changes, is on p. 329. See July 2, 14, 28, 30, August 4--7, 13, 26, September 2, 3, 4, 12 and 13, 1788.]
The Committee consisting of Mr [Edward] Carrington, Mr [Pierpont] Edwards Mr [Abraham] Baldwin Mr [Samuel Allyne] Otis and
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Mr [Thomas Tudor] Tucker, to whom were refered the Ratifications of the new Constitution which have been transmitted to Congress by the several ratifying States, Report as follows,
Resolved, that Whereas the Foederal convention Assembled in Phila pursuant to the Resolution of Congress of the 21st . of Feby . 1787 did on the 17th . of Sept ., in the same year, report to the United States in Congress Assembled, in the words following Viz. "We the People &ca
Whereupon Congress on the 28th . of the same September did Resolve Unanimously, that the said Report, with the Resolutions and letter accompanying the same, be transmitted to the several Legislatures in order to be submitted to a convention of Delegates chosen in each State, by the People thereof, in conformity to the Resolves of the Convention made and provided in that Case." And Whereas the States of N. Hampshire, Massachusetts, Connecticut, N. Jersey Pensylvania, Deleware, Maryland, South Carolina and Georgia, have duly Ratified the aforesaid Constitution, as appears by the several ratifications of the said States, returned to Congress, and filed in the Office of the Secretary; and it is expedient that proceedings do commence thereon as early as may be,
Therefore Resolved, That the first Wednesday in December next be the day for appointing Electors in the several States which have, or shall, before the said day, have, ratified the said Constitution; That the first Wednesday in January next be the day for the Electors to Assemble in their respective States and Vote for a President, andthat the first Wednesday in February next be the time, and the place for Commencing proceedings under the said Constitution.1
[Note 1: 1 July 8, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 197, the following committee was appointed:
Mr. John Brown, Mr. Hugh Williamson, Mr. Nathan Dane, Mr. Abraham Clark and Mr. Abraham Baldwin on the memorial of the French inhabitants of Illinois by their agent, B. Tardiveau, dated and read July 8, 1788, respecting the committee report of July 7, 1788. Papers of the Continental Congress, No. 41, X, pp. 275--278. This committee was discharged July 15, 1788. See July 30, August 11, 12, 15, 28 and 29, 1788.
According to indorsement was read:
Letter of Edmund Randolph to the Virginia delegates, June 30, 1788, with intelligence from Colonel Martin. Papers of the Continental Congress, No. 71, II, p. 615, with copies of Col. Martin's letter and enclosures on pp. 619--625. See July 9, 18 and September 1, 1788.]
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