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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 --MONDAY, JULY 14, 1788.
Congress assembled. Present New hampshire Massachusetts Connecticut New York New Jersey, Pensylvania Delaware Maryland, Virginia, North Carolina, South Carolina and Georgia and from Rhode island Mr [Peleg] Arnold.
Mr Egbert Benson a delegate for New York attended and took his seat.2
[Note 2: 2 For Mr. Benson's credentials see February 25, 1788.]
The comee consisting of Mr [Edward] Carrington Mr [Pierpont] Edwards Mr [Abraham] Baldwin Mr [Samuel Allyne] Otis and Mr [Thomas Tudor] Tucker to which were referred the Acts of the several States ratifying the Constitution, which have been transmitted to Congress having reported3 An Act for putting the said Constitution into Operation and the following clause in the Act being under debate viz "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" A Motion4 was made by Mr [Pierpont] Edwards seconded by Mr [Nathan] Dane to postpone that clause in order to take up the following "That the fourth Wednesday in December next be the day for appointing Electors in the several states of New hampshire, Connecticut,
[Note 3: 3 See July 8, 1788. See also July 2, 9 and 28, and September 13, 1788.]
[Note 4: 4 Papers of the Continental Congress, No. 23, p. 337, in the writing of Mr. Pierpont Edwards.]
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New Jersey Delaware, Maryland and South Carolina and that the same day be the day for appointing Electors in the state of Rhode island provided the said state shall before that day have ratified the said Constitution; and that the third Wednesday in said December be the day for appointing electors in the States of Massachusetts, Pensylvania and Georgia and that the same day be the day for appointing electors in the state of1 New York provided that state shall before that day have ratified the said Constitution; and that the first Wednesday in said December be the day for appointing electors in the state of Virginia and that the same be the day for appointg electors in North Carolina, provided the said state shall before that day have ratified said Constitution". On the question to postpone for the purpose above mentioned the yeas and nays being required by Mr [Dyre] Kearny
[Note 1: 1 At this point two repeated lines are crossed off.]
{table}
So it passed in the negative.
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[Motion of Delegates of North Carolina on treaty with Spain1]
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 405, in the writing of Mr. Hugh Williamson. See July 15 and September 3, 1788.]
Whereas many Citizens of the United States who possess Lands on the Western Waters have expressed much uneasiness from a Report that Congress are disposed to treat with Spain for the surrender of their Claim to the Navigation of the River Mississippi in Order therefore to quiet the Minds of our fellow Citizens by removing such ill founded Apprehensions
Resolved that the United States have a clear absolute and unalienable Claim to the free Navigation of the River Mississippi which Claim is not only supported by the express Stipulations of Treaties but by the great Law of Nature.
[Motion of Mr. Edwards for granting allowance to the Secretary at War for extra services2]
[Note 2: 2 Papers of the Continental Congress, No. 36, III, pp. 427--428, in the writing of Mr. Edward Carrington. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 198, it was referred to the committee on the War Department appointed July 7, 1788. Report rendered July 18, 1788. See July 22 and 25, 1788.]
Whereas the duties of the Secretary for the department of War, since the establishment thereof have been considerably encreased, by the general superintendance of the Indian departments, and the management of the Quarter Master Generals department, being annexed to his Office, and it is just and reasonable that adequate allowances be made,
Therefore Resolved that the Secretary for the department of War, be allowed, in addition to his Salary for that Office, at the rate ofdollars per annum, for his services in the general superintendance of the Indian departments to be computed from theday of1786, when the Indian ordinance was enacted, and also at the rate ofdollars per annum for his services in the Quarter Master Generals department, to be computed from the date of the abolition of the said department.
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[Report of committee on the Georgia cession1]
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 599--602, in the writing of Mr. Nathan Dane. Read July 14 and passed July 15, 1788. The report has been changed to make it read as passed. See May 29, 1788.]
The Committee consisting of [Mr. Abraham Clark, Mr. Nathan Dane, Mr. Hugh Williamson, Mr. Edward Carrington and Mr. Paine Wingate] to whom were referred a motion of the Delegates of Georgia, with the act2 of the legislature of that State passed Feby . 1, 1788 for ceding a part of the Territorial claims of the said State to the United States report
[Note 2: 2 Papers of the Continental Congress, No. 76, pp. 292--295.]
That the said state by the act aforesaid has authorised her Delegates in Congress to convey to the United States a certain tract the Territorial claim of the said State to a certain tract of Country bounded as follows, to wit. Beginning at the middle of the river Chatahouchie, or appalachicola, where it is intersected by the thirty first degree of North Latitude, and from thence due North one hundred and forty British Statute miles; thence due West to the middle of the river Mississippi; thence due down the said river to where it intersects the thirty first degree of North Latitude, and thence along the said Degree to the place of Beginning annexing the provisoes and conditions following to wit, first, that the United States in Congress assembled shall guarantee to the Citizens of the said Territory a republican form of Government subject only to such change as may take place in the federal Constitution of the United States. Secondly that the navigation of all the waters included in the said cession shall be equally free to all the Citizens of the United States, nor shall any tonage on vessels or any duties whatever be laid on any goods wares or merchandise that may pass up or down the said waters, unless for the use and benefit of the United States. thirdly that the sum of one hundred and seventy one thousand four hundred and twenty eight dollars and forty five ninetieths of a dollar which has been expended in quieting the minds of the Indians and resisting their hostilities shall be allowed as a charge against the United States, and be admitted in payment of the Specie requisitions of that State's quotas that have been or may be required by the United States. fourthly, that in all Cases where the State may require defence, the expences arising thereon shall be allowed as a charge against the United States agreeably to the Articles of Confederation, and fifthly that Congress
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shall guarrantee and secure all the remaining territorial rights of the State as pointed out and expressed by the definitive treaty of peace between the United States and Great Britain, the Convention1 between the said State and the State of South Carolina entered into the 28th . day of April 1787, and the Clause of au act of the said State of Georgia describing the boundaries thereof passed the 17th . of February 1783.
[Note 1: 1 Entered in Journals August 9, 1787. Journals, vol. XXXIII, pp. 467--474.]
Your Committee having fully considered the Subject referred to them, are of opinion, that the cession offered by the State of Georgia cannot be accepted on the terms proposed.
1t . because the tract of land proposed to be ceded appears to be but an inconsiderable part of the vacant and unappropriated lands claimed by the State of Georgia. 2d . because it appears highly probable that on running the boundary line between that State and the adjoining State or States, a claim to a large tract of Country extending to the Mississippi and lying between the tract proposed to be ceded and that lately ceded by South Carolina will be retained by the said State of Georgia, and therefore the land offered by this State must be too far removed from any lands now belonging to the Union to be of any immediate advantage to it. 3d . because there appears to be due from the State of Georgia on Specie requisitions but a small part of the sum mentioned in the third proviso or condition before recited, and that it is improper in this Case to allow a charge against the Specie requisitions of Congress which may hereafter be made, especially as the said State Stands charged to the United States for very considerable sums of money loaned, and 4th because the fifth proviso or condition before recited contains a special guarrantee of Territorial rights, and such a guarrantee as has not been made by Congress to any State, and which, considering the Spirit and meaning of the Confederation, must be unnecessary or improper.
But the Committee are of opinion that the first, second, and fourth provisoes before recited and also the third (with some variation) may be admitted and that should the said State extend the bounds of her cession, and vary the terms thereof as hereinafter mentioned Congress may accept the same whereupon they submit the following resolutions
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Resolved that the cession of claims to Western Territory offered by the State of Georgia cannot be accepted on the terms ag: contained in her act passed the first of February last.
Resolved that, in case the said State shall make a cession of all her territorial claims to lands West of the river Appalachicola, or west of a meridian line not more thanmiles west ag: of the place where that river intersects the Southern boundary of Georgia; omit the last proviso in her said act and so far vary the proviso respecting the sum of 171,428 dollars and 45/90 of a dolr . expended in quieting and resisting the Indians, as that the said State shall have credit therefor in the Specie requisitions of Congress to the amount of her quotas on the past requisitions and for the residue in her account with the United States for monies loaned Congress will accept the Cession.
[Report of Board of Treasury on Mr. Wingate's motion1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 565--567, read July 14, 1788. The copy of the enclosed report of the Commissioner of the Marine Department is on pp. 567--568. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 559. See June 25, 1788.]
The Board of Treasury to whom was referred a Motion of the Hon'ble Mr . Wingate,
Beg leave to inform Congress,
That in order to ascertain whether there were any circumstances peculiar to the Parties, which rendered it proper to extend the relief intended by the Motion, they have made the necessary enquiries of the Commissioner of Accounts for the Marine Department; Copy of whose Report is hereunto annexed.
In addition to the Commissioners remarks, the Board beg leave to observe, that the constant applications which are making to this Office, from Claimants in the other great Departments, convince the Board that if in any one of them, a further time should be allowed for exhibiting Claims, this indulgence must necessarily soon become general; which would defeat all hopes of closing within any reasonable period, the general Accounts of the late War. It is with satisfaction the Board observe that this great object is approaching fast to a conclusion: the importance of it must be so apparent to Congress, that it is to be presumed no measure will be adopted that has any tendency to obstruct it.
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Under the circumstances above stated the Board are of opinion:
That the public Interest will not admit of a Compliance with the Motion Submitted to their consideration.
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee1
[Note 1: 1 July 14, 1788. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 36, was received (read):
Letter Edmund Pendleton, president of the convention, to President of Congress, June 28, 1788, transmitting the instrument of ratification of the Constitution by Virginia. Papers of the Continental Congress, life. 71, II, p. 611.
According to indorsement and Reports of Committees, Papers of the Continental Congress, No. 189, p. 35, the committee report of May 16 on the petition of Cosimo Medici was negatived and filed. See July 23, 1787 and March 12, 1788.]
July 11th . 1788.
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