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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 --3SATURDAY, SEPTEMBER 13, 1788.


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Journals of the Continental Congress, 1774-1789
3SATURDAY, SEPTEMBER 13, 1788.

Link to date-related documents.

[Note 3: 3 Charles Thomson resumes the entry.]

Congress assembled present New hampshire Massachusetts Connecticut New York New Jersey Pensylvania Virginia North Carolina South Carolina and Georgia and from


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Rhode island Mr [Peleg] Arnold and from Delaware Mr [Dyre] Kearny.

On the question to agree to the proposition1 which was yesterday postponed by the State of Delaware the yeas and nays being required by Mr [Nicholas] Gilman

[Note 1: 1 Organization of the government under the Constitution. See July 2, 8, 9, 14, 28, 30, August 4--7, 13, 26, September 2--4, and 12, 1788.]

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So it was resolved as follows

2Whereas the Convention assembled in Philadelphia pursuant to the resolution of Congress of the 21st . of Feby . 1787 did on the 17th . of Sept of the same year report to the United States in Congress assembled a constitution for the people of the United States, whereupon Congress on the 28 of the same Sept 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

[Note 2: 2 The following resolution on the organization of the government under the Constitution was entered by Benjamin Bankson in Ratifications of the Constitution, pp. 180--181. Broadsides of this resolution, signed by Charles Thomson, are in Papers of the Continental Congress, Broadsides.]


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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 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 and the present seat of Congress the place for commencing proceedings under the said constitution.

Congress proceeded to the election of the third commissioner1 to form a board pursuant to the Ordinance of the 7 May 1787 and the ballots being taken Mr Abraham Baldwin was elected having been previously nominated by Mr [Pierpont] Edwards.

[Note 1: 1 See September 9, 1788.]

[Letter of Secretary for Foreign Affairs on funds for redemption of captives2]

[Note 2: 2 Papers of the Continental Congress, No. 80, III, pp. 577--579, read September 13, 1788.]

Office for Foreign Affairs
12th . September 1788

Sir: On the 12th . October last Congress was pleased, on a Report from the Board of Treasury, to resolve3 that the Balance of the Appropriation for the Barbary Treaties of the 14th . February 1785 not then applied to that Object, be constituted a Fund for redeeming the american Captives at Algiers, and that the same be for that Purpose subject to the Direction of the Minister of the United States at the Court of Versailles.

[Note 3: 3 Journals, vol. XXXIII, p. 664.]


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As neither this Act nor any other that I recollect provides for the Subsistence of these captives, whose Situation claims from their Country such Aids and Supplies as may be necessary to render their Condition as comfortable as the Pains and Rigours of Slavery may permit; I take the Liberty of submitting to Congress the Propriety of directing their Minister at Versailles out of the beforementioned Fund, to make such Provision for the Maintenance and comfortable Subsistence of the american Captives at Algiers, and to give such Orders touching the same, as shall to him appear right and proper.

Mr . Jefferson indeed instructed Mr . Lamb to supply as well as to redeem them; but Mr . Lamb is now in this Country, and Mr . Jefferson observes in his Letter that his giving such Instructions "must rest for Justification on the Emergency of the case", and that "it would be a Comfort to know that Congress does not disapprove of this Step". On this Letter I reported,1 vizt . 11th . May 1786, a Resolution importing such Approbation; but I am not informed that it was ever agreed to.

[Note 1: 1 Journals, vol. XXX, pp. 259--262.]

Mr . Jefferson has found it necessary in order to facilitate their Redemption, to let it be reported and believed at Algiers that Congress would not redeem them. That Intelligence has greatly added to their Distress; but it would not be expedient that they should at present be undeceived. Little supplies may however be conveyed in so indirect a Manner as not to be traced either by them or by the Algerines, and would tend greatly to the Comfort of these unhappy People.

With great Respect, etc.,

John Jay

His Excellency
The President of Congress.

2On Motion3 of Mr . [James] Madison seconded by Mr . [Edward] Carrington

[Note 2: 2 From this point to the end of the day the proceedings were entered by Charles Thomson in the Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, p. 1705. They were also entered by John Fisher and attested by Charles Thomson in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, p. 429.]

[Note 3: 3 Papers of the Continental Congress, No. 25, II, p. 505 in the writing of Charles Thomson.]


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Resolved That out of the fund appropriated for the redemption of the American captives at Algiers or any other monies belonging to the United States in Europe, the Minister plenipotentiary of the United States at the Court of Versailles be and he is hereby authorised to make such provision for the maintenance and Comfortable subsistence of the American Captives at Algiers and to give such orders touching the same as shall to him appear right and proper.

That Congress approve the instructions heretofore given to Mr . Lamb by Mr . Jefferson their Minister at the Court of France for supplying the said Captives.

[Report of Secretary of Congress on petition of J. King1]

[Note 1: 1 Reports of Secretary of Congress, Papers of the Continental Congress, No. 180, p. 80.]

Sept. 12, 1788.

On the petition2 of Joseph King late paymaster and agent of the corps of artillery of Artificers stating his services and the inadequacy ofAgreed the sum allowed him and praying for a further suitable Agreed allowance for his time and service.

[Note 2: 2 According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 39 the petition was received (read) September 12, 1788.]

The Secy of Congress report That the petition of Joseph King be referred to the board of treasury to report3

[Note 3: 3 According to the Committee Book, Papers of the Continental Congress, No. 190, p. 206, the petition was referred on September 13, 1788, as indicated in the report. No report was rendered, consequently the petition is not found among the Papers of the Continental Congress.]

[Letter of Board of Treasury with a letter of G. Morgan4]

[Note 4: 4 Papers of the Continental Congress, No. 140, II, p. 571, read September 13, 1788. A copy of Morgan's letter, also read, stating that the New Jersey Land Society, disgusted with the action of Congress, has dissolved the association, is on p. 567.]

Board of Treasury
September 11th . 1788.

Sir: We have the honor of transmitting to your Excellency for the information of Congress a Copy of a Letter received this day from Mr


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George Morgan, on the subject of the Tract of Land proposed to be purchased by himself and associates.

We have the honor to be, etc.

Samuel Osgood

Arthur Lee1

[Note 1: 1 September 13, 1788. According to indorsement was read:
Letter of S. Johnston, Governor of North Carolina, to the President of Congress, August 24, 1788, transmitting resolutions of the convention. Papers of the Continental Congress, No. 72, p. 325. The enclosures are 1 Resolution on the redemption of State paper, p. 333; 2 Resolution regarding laying of imposts, p. 329; and (3) a copy of the Act of December 22, 1787, respecting the treaty of peace, with an original certificate, pp. 253 and 255--256.]

His Excellency
The President of Congress.

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