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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 --WEDNESDAY, AUGUST 13, 1788.
Congress assembled present as yesterday.
The order of the day1 being called up for putting the constitution into operation, and The act as amended2 was being read as follows,
[Note 1: 1 Organization of the government under the Constitution. See July 8, August 7, 26 and September 13, 1788.]
[Note 2: 2 Papers of the Continental Congress, No. 23, p. 101--102, in the writing of a clerk, Charles Thomson and John Fisher. It is endorsed, "Aug. 13, 1788, question taken and lost".]
3Whereas the Convention Assembled in Philadelphia pursuant to the resolution of Congress of the 21st Feby . 1787, did on the 17th . of September in the same year report to the United States in Congress Assembled a Constitution for the people of the United States, 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 submitted4 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 constitution so reported by the convention and by Congress transmitted to the several legislatures has been ratified in the manner therein declared to be sufficient for the establishment of the same and such ratifications duly authenticated have been received by Congress and are filed in the office of the secretary, therefore resolved that the first wednesday in Jany . next be the day for appointing electors in the several states which before the said day shall have ratified the said constitution; that the first Wednesday in february next be the day for the electors to assemble in their states and vote for a president and that the first wednesday
[Note 3: 3 Roger Alden takes up the entry.]
[Note 4: 4 Charles Thomson resumes the entry.]
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in March next be the time for commencing proceedings under the said constitution; and whereas a central situation would be most eligible for the sitting of the legislature of the United States, if such could be found in a condition to furnish in due time the accommodations necessary for facilitating public business and at the same time free of weighty objections which might render it improper or unlikely to be the seat of government either permanently or until a permanent seat can be agreed on, and whereas the most effectual means of obtaining finally the establishment of the federal government in a convenient central situation is to leave the subject to the deliberate consideration of the future Congress, uninfluenced by undue attachment to any of the places which may stand in competition for preference on so interesting a question and unembarrassed by want of time and means to fix on and prepare the most proper place for this purpose; and whereas the removal of the public offices must be attended with much expence danger and inconvenience which ought not to be incurred but with a well founded expectation of advantages that may fully counter-balance the same, and whereas no such advantages can be expected from a removal to any place now in a condition to receive the federal legislature and whereas in addition to the beforementioned reasons unnecessary changes in the seat of government would be indicative of instability in the national councils and therefore highly injurious to the interests as well as derogatory to the dignity of the United States therefore resolved that the city of New York in the state of New York be the place for commencing proceedings under the said constitution.
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On the question to agree to the said act the yeas and nays being required by Mr [Theodore] Sedgwick
{table}
So the question was lost.
An ordinance1 was then moved by Mr [Dyre] Kearny seconded by Mr [Benjamin] Contee, which was read in the words following
[Note 1: 1 Papers of the Continental Congress, No. 23, p. 97 in the writing of Mr. Dyre Kearny. Read the first time, August 13, 1788.]
An Ordinance for the establishing the times for appointing electors and chusing a president under the new constitution with the time and place for commencing proceedings under the said constitution agreeably to the resolves of the convention assembled in Philadelphia, of the 17 Sept 1787.
Whereas the convention assembled in Philadelphia pursuant to the resolution of Congress of the 21 of feby 1787 did on the 17 day of Sept in the same year report to the United
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States in Congress assembled a constitution or form of government for the people of the United States, whereupon Congress on the 28 day 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 constitution so reported by the convention and by Congress transmitted to the several legislatures has been ratified in the manner therein declared to be sufficient for the establishment of the same and such ratifications duly authenticated have been received by Congress and are filed in the office of the secretary thereof, be it therefore Ordained by the United States in Congress assembled that the first Wednesday in Jany next be the day for appointing electors in the several states which before the said day shall have ratified the said constitution, that the first Wednesday in feby next be the day for the electors to assemble in their respective states and vote for a president and that the first Wednesday in March next be the time andthe place for commencing proceedings under the said constitution. Done etc.
On the question shall this Ordinance be read a second time the yeas and nays being required by Mr [Dyre] Kearny
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{table}
So the question was lost.
The committee consisting of Mr [Abraham] Clarke Mr [Nathan] Dane Mr [Hugh] Williamson Mr [William] Bingham and Mr [Abraham] Baldwin to whom was referred a report1 of the board of treasury having reported2 a requisition for the year 1788 and the same being under debate, a motion3 was made by the delegates of North Carolina That 7.202 dollars be taken from the quota of North Carolina and added to the quota of South Carolina and on the question to agree to this amendment the yeas and nays being required by Mr [Hugh] Williamson
[Note 1: 1 See July 9, 1788.]
[Note 2: 2 See August 4, 1788.]
[Note 3: 3 Papers of the Continental Congress, No. 36, III, p. 407, in the writing of Mr. Hugh Williamson. This was motion no. 3 and was made by Mr. Hugh Williamson and seconded by Mr. John Swann.]
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{table}
So it passed in the negative.
A motion1 was then made by the delegates of Delaware That the sum of 5238 72/90 dollars be deducted from the quota of the state of delaware and added to the state of Georgia". On the question to agree to this the yeas and nays being required by Mr [Dyre] Kearny
[Note 1: 1 Papers of the Continental Congress, No. 36, III, p. 409, in the writing of Mr. Dyre Kearny. This was motion no. 4 and was made by Mr. Dyre Kearny and seconded by Mr. John Swann.]
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{table}
So the question was lost.
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[Letters of Secretary for Foreign Affairs transmitting correspondence]
Office for foreign Affairs
12th . August 17881
[Note 1: 1 Papers of the Continental Congress, No. 80, III, p. 540, read August 13, 1788. The enclosed letter of James Duane to Jay, August 8, 1788, is on p. 410 with its enclosure on pp. 412--413. There is also a letter of Duane to Jay, June 12, 1788, on the same subject, on p. 398 with its enclosures on pp. 400--401, and 404. See March 25, 1788.]
Sir: I have the Honor of communicating to your Excellency herewith enclosed, a Letter of the 8th . Inst. from the Honorable the Mayor of this City, transmitting a Copy of the Judgment of the Court against John Wessels, for violating the Privileges of the Minister of the United Netherlands. This Letter was received after the Adjournment of Congress on Friday last. I then wrote a Letter to that Minister, of which No . 1 is a Copy, and received from him this Morning, an Answer,2 of which No . 2 contains a Copy and a Translation.
[Note 2: 2 Papers of the Continental Congress, No. 99, p. 293, dated August 11, 1788, original French, with translation on p. 297.]
With great Respect and Esteem, etc.,
John Jay
His Excellency
The President of Congress.
Office for foreign Affairs
12th . August 17883
[Note 3: 3 Papers of the Continental Congress, No. 80, III, p. 549, read August 13 and referred August 15, 1788. The enclosed letter is on pp. 553--554.]
Sir: I have the Honor of transmitting to your Excellency a Letter of the 2d . June last from Messrs . Van Staphorsts of Amsterdam, and
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request the Orders of Congress relative to the Request contained in it.
With great Respect and Esteem, etc.,
John Jay
His Excellency
The President of Congress
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