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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 --1THURSDAY, AUGUST 7, 1788.
[Note 1: 1 Charles Thomson resumes the entry.]
Congress assembled present as yesterday.
[Motion of Mr. Hamilton respecting votes of States not having ratified the Constitution2]
[Note 2: 2 Papers of the Continental Congress, No. 23, pp. 93--94, in the writing of Charles Thomson. This is a fair copy. The motion in the writing of Mr. Alexander Hamilton, with changes in another hand, to bring it into conformity with the Thomson copy, is on pp. 345--346. This copy bears the indorsement "withdrawn". Hamilton's draft of the motion reads as follows:
"Whereas the Convention then assembled at Philadelphia in the Commonwealth of Pensylvania did on the 17th day of September last past resolve as the opinion of that Convention that as soon as the Conventions of nine states should have ratified the Constitution then and there agreed upon by the said Convention the United States in Congress assembled should fix a day on which electors should be appointed by the states which should have ratified the same and a day on which the electors should assemble to vote for the President and the time and place for commencing proceedings under the said constitution. And whereas the United States in Congress assembled having received the ratifications of the said constitution by eleven states have in conformity to the resolution aforesaid passed an ordinance for the purposes aforesaid. And whereas although the state of Rhode Island hath not ratified the said Constitution and it is not known that the state of North Carolina hath ratified the same, the Delegates of the two last mentioned states have thought fit to vote upon the said ordinance in virtue of the right of suffrage vested in them by the Articles of Confederation and perpetual Union therefore
Resolved as the opinion sense of this Congress the conduct of the delegates of the said state of Rhode Island in voting concerning the said ordinance can in no wise be construed directly or indirectly to imply either on their part or on the part of the state they represent an approbation of the Constitution aforesaid or a relinquishment in any manner of obligation on the part of the said state touching the same or any relinquishment of any right heretofore enjoyed claimed or which may be claimed by the said state under the said Articles etc.or otherwise, but that every all and singular the rights of the said state remain continue and are in the same situation as if the said delegates had refrained from voting on any part of the said ordinance."
See July 8, August 6, 13 and September 13, 1788.]
Resolved As the sense of this congress that any vote given or which may be given respecting the said resolutions, by the delegate or delegates of any state which hath not ratified the said constitution, shall in no wise be considered construed directly or indirectly to imply either on their part or on the part of the states which they represent an approbation of the constitution aforesaid or of any part thereof or
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any manner or kind of obligation on the part of any such state touching the same or the relinquishment of any right heretofore or now claimed or which may be claimed by such state, and that all and singular the rights of such state remain continue and are to all intents and purposes in the same situation as if such delegates had refrained from voting respecting the said resolutions.
Motion of Mr Hamilton seconded by Mr D
Whereas the convention assembled at Phil in the Com: of Pensyl did on the 17 of Sept last past resolve as the opinion of that Convention that as soon as the Conventions of 9 states shd . have ratified the constitution then and there agreed upon by the sd . convention the US in Congress Ass: shd . fix a day on which electors should be appointed by the states which shd . have ratified the same and a day on which the electors shd . assemble to vote for the presidt . and the time and place for commencing proceedings under the sd . constitution and Whereas the US in C As havg . recd . the ratifications of the sd . Constitution by 11 states did on the 28 Ult and the 5 and 6 inst agree to the following resolutions to wit.
And whereas it does not appear that the states of RI and NC have ratified the sd . const. and whereas the delegates of the sd . two states have voted upon certain parts of the sd . resolutions therefore Resolved etc. as above.
Motion by delegates of NC to amend the motion, by striking out in the preamble "it does not appear that the states of RI and NC have ratified the sd . Cons." and in lieu thereof to insert "the convention of the state of NC is supposed now to be in session and the state of RI has rejected the new constitution".1
[Note 1: 1 This clause, in the writing of Mr. Hugh Williamson, is in Papers of the Continental Congress, No. 23, p. 96.]
And in the resolving clause to strike out "the delegate or delegates of any state which hath not ratified the sd . Const" and in lieu thereof to insert "the delegates of the state of RI which state hath rejected the new constit."2
[Note 2: 2 This clause, in the writing of Mr. Hugh Williamson, is in Papers of the Continental Congress, No. 23, p. 96.]
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[Report of committee on letter of T. Hutchins1]
[Note 1: 1 Papers of the Continental Congress, No. 19, III, p. 243, in the writing of Mr. Abraham Clark. Read August 7 and passed August 8, 1788. See August 4, 1788.]
The committee consisting of [Mr. Abraham Clark, Mr. Hugh Williamson and Mr. Jeremiah Wadsworth] to whom was referred the Letter of Thomas Hutchins Esqr . geographer of the US. report, That the Act2 of Congress of the 23d day of March 1787 fixing the geographers Salary at the rate of 1500 dollars per Annum during the time he should be actually employed in public Service; has Occasioned some doubts with the board of Treasury whether any pay should be allowed to Mr . Hutchins for the time he hath been in New York not actually employed; upon which your committee observe that tho' Mr . Hutchins hath been some time in New York, yet they conceive he hath not been wholly unimployed, having been in the exercise of the duties of his office a considerable part of his time except such part thereof as he was employed in running the lines between the States of Massachusets and Pennsylvania New York, and when not employed has been waiting the orders of Congress to proceed in Surveying certain districts in the Western Country, whereupon the following resolution is Submitted.
[Note 2: 2 Journals, vol. XXXII, p. 129.]
That in the Settlement of Mr . Hutchins Accounts he be allowed for the whole of his time, since passing the aforesaid resolution of the 23d of March 1787, except so much of said time as he was employed in running the line between the States of Massachusets and Pennsylvania N York.3
[Note 3: 3 August 7, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 201, was referred to the Board of Treasury to report:
Petition of John Woods for the payment of a warrant in his favor drawn on Thomas Smith, loan officer of Pennsylvania. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 37 this petition was received (read) August 7, 1788.]
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