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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 --2THURSDAY, SEPTEMBER 4, 1788.
[Note 2: 2 Charles Thomson begins the entry.]
Congress assembled present New hampshire Massachusetts Connecticut, New York New Jersey Pensylvania Delaware Maryland Virginia North Carolina South Carolina and Georgia.
The motion3 made by Mr [Pierpont] Edwards seconded by Mr [Theodore] Sedgwick being again moved and read, a motion4 was made by Mr [Thomas Tudor] Tucker seconded by Mr Clarke [Daniel] Huger that the same be postponed in order to take up the following viz.
[Note 3: 3 See September 2, 1788. See also July 8, September 3, 12 and 13, 1788.]
[Note 4: 4 Papers of the Continental Congress, No. 23, pp. 349--350, in the writing of Mr. Thomas Tudor Tucker. Debated and lost September 4, 1788.]
5Whereas after long deliberation on the subject of the new constitution so far as the agency of Congress is required to give it effect, there appears to be a diversity of sentiment with respect to the place for commencing proceedings under the said Constitution, which may prevent a speedy and definite decision thereon; and whereas a farther delay of the other essential parts of this business might be productive of much national inconvenience, therefore
[Note 5: 5 Roger Alden takes up the entry.]
Resolved, that the first Wednesday in Jany next be the time for appointing Electors in the several States, which before the said day shall have ratified the said constitution; that the
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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 for commencing proceedings under the said Constitution, at such place as Congress shall hereafter appoint, or, failing such appointment, at such [the] place as shall at the time [which shall] immediately preceeding [before] the last mentioned day, be the seat of Congress."
1On the question to postpone for the purpose abovementioned the yeas and nays being required by Mr [Thomas Tudor] Tucker
[Note 1: 1 Charles Thomson resumes the entry.]
{table}
So the question was lost.
On the question to agree to the motion of Mr [Pierpont] Edwards as entered on the journal of tuesday last the yeas
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and nays being required by Mr [Nicholas] Gilman and Mr [Daniel] Huger
{table}
So the question was lost.
[Motion of Mr. Clark relating to the board of commissioners for settling accounts1]
[Note 1: 1 Papers of the Continental Congress, No. 36, III, pp. 421--422, in the writing of Mr. Abraham Clark. According to indorsement the motion was negatived.]
Whereas by an Ordinance entitled An Ordinance2 for Settling the Accounts between the U. S. and individual States, passed the Seventh day of May 1787, it is ordained that a board consisting of three commissrs . be appointed by the U.S. in Congress Assembled, whose duty it shall be to receive from the comptroller of the treasury, and from the Commissioner of Army Accounts all the Accounts and claims of the several States deposited in their respective offices, and to examine such of the said Accounts as shall have been passed by the Commissrs . of the several districts, in order that the same may be
[Note 2: 2 Journals, vol XXXII, pp. 262--266.]
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finally adjusted on uniform and equitable principles, having reference to the Settlements of Accounts heretofore made by the commissrs of the different States; giving and granting unto said Commissrs . full power and authority as in said ordinance is mentioned; and that the determination of a majority of the said board of commissrs . on the Claims Submitted to them shall be final and Conclusive. And whereas the business and trust committed to the said board appears to be of too important a nature to rest the final determination thereof on a number so small as the majority of three, whereupon
Resolved That the said board mentioned in the aforesd . Ordinance shall consist of four Commissrs . whose duty and powers shall be the same as those which by the said Ordinance are appointed and granted to three; and that a concurrence of three of the said four shall be necessary to give validity to their determination on each and every matter to them Submitted; any thing in said Ordinance to the Contrary notwithstanding. And that the pay of the said board of Commissrs . shall be at the rate ofdollars per Annum each, while in the execution of their office, and that of their Clerks at a rate not exceeding four hundred and fifty dollars per Annum each.
On motion, Ordered That the election of me board consisting of three commissioners pursuant to the Ordinance of the 7 May 1787 entitled an Ordinance for settling accounts between the United States and individual states be the order of the day for tuesday next.
On motion of Mr [Abraham] Clarke seconded by Mr [Dyre] Kearny
Resolved1 That the duties of paymaster genl . having been united with2 those of the commissioner of army accounts by an act3 of congress of the 23d March 1787, the present commissioner is entitled by former resolutions of Congress as Pay Master General, to send and receive all letters respecting the business of said Offices free of postage.
[Note 1: 1 Papers of the Continental Congress, No. 61, p. 579, in the writing of Mr. Abraham Clark.]
[Note 2: 2 Roger Alden again takes up the entry.]
[Note 3: 3 Journals, vol. XXXII, p. 129.]
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1On a report2 of a committee consisting of Mr [Nathan] Dane, Mr [Theodore] Sedgwick, and Mr [James] Madison, to whom was referred a motion3 of the Delegates of Pensylvania,
[Note 1: 1 The proceedings from this point to the end of the day were entered by John Fisher in Western Territory, Papers of the Continental Congress, No. 176, pp. 70--72.]
[Note 2: 2 See September 3, 1788.]
[Note 3: 3 See September 1, 1788.]
Whereas it appears that the board of treasury in conformity to the Act of Congress of the 6th . June last have entered into a contract with the Delegates of the state of Pennsylvania in behalf of the said State, for the tract of land bounded East, agreeably to the cession of western territory by the States of Massachusetts and New York, south, by Pensylvania, North and West, by lake Erie, and whereas the said tract is entirely separated from the other lands of the western territory, over which the jurisdiction of the United States extends; and whereas under these circumstances it will be expedient for the State of Pensylvania to hold and exercise jurisdiction over the tract aforesaid, therefore,
Resolved, that the United States do hereby relinquish, and transfer all their right, title and claim to the Government and Jurisdiction of the said tract of land,4 to the State of Pennsylvania forever; and it is hereby declared and made known that the laws and public Acts of the said State shall extend over every part of the same tract to all intents and purposes as if the same had been originally within the charter bounds of the said State; provided that the Inhabitants of the said tract shall be maintained in all the rights and priveleges
[Note 4: 4 At this point in the original report the following clause was interlined and then crossed off: "(excepting so far as the jurisdiction thereof is or may be vested in the government of the United States)".]
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which other citizens of the said State of Pensylvania are now or may hereafter be constitutionally entitled to enjoy.1
[Note 1: 1 September 4, 1788. According to indorsement the report of the Secretary for Foreign Affairs on the motion of North Carolina was made the order of the day for September 8 and was acted on September 16, 1788. See September 3, 1788.]
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