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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 --PREFATORY NOTE
In one respect the attendance of the States in the Continental Congress during the federal year 1787--88 was the most notable of the 5 years for which a record of States present was kept. This was the only year during the period in which there were sessions when all of the 13 States were fully represented, a circumstance which occurred during the discussions of the resolution for putting the new Constitution into operation.
The Congress was not organized until January 21, 1788, and transacted its last business on October 13 of the same year. During this interval there was a quorum of 7 States on 132 days. Of these days 13 States were present on 8 days, 12 States on 18 days, 11 States on 19 days, 10 States on 14 days, 9 States on 16 days, 8 States on 29 days, and 7 States on 28 days. On most of the days a single Delegate was present from one or more of the remaining States. Thus, including States with only 1 delegate, there were never less than 9 States represented and on more than ham of the days there were 12 or 13 States thus represented.
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The following table shows the attendance of the several States on the 132 days on which business was transacted:
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Virginia, Massachusetts, South Carolina, and Pennsylvania held the best record for attendance. Virginia was present every day on which business was transacted; Massachusetts on every day but one; South Carolina on every day but two; and Pennsylvania on every day but four. The first three of these States were present on practically every day on which the record of attendance was entered in the Journal when there was no quorum.
During seven months from February to September, inclusive, excepting April, sessions were had on from 14 to 21 days in each month. From May to August the attendance was so far continuous that there were only 2 entries with an attendance of 6 States or less. In this year the attendance of 6 States or less is recorded on 50 days. There are also entries for November and December 1788 and January and
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February 1789 which indicate the dates of the arrival of Delegates for the federal year 1788--89, from 10 States.
A comparison of the attendance of the States for the last 5 years of the Continental Congress is of interest. The table below shows the number of sessions with a quorum of at least 7 States represented by 2 or more delegates and the number of days on which any given number of States was present. The last column gives the number of days in each year on which a record was made of the attendance of 6 States or less.
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It should be remembered that usually one or more of the States not fully represented had one Delegate present. This attendance is not reflected in the table above.
As in 1787, despite the limited number of sessions the Continental Congress in 1788 considered a great amount of business, as is indicated by the record presented in this volume. The most important matter taken up was the discussion of the preliminaries for setting up the government under the new Constitution. That discussion began in July as soon as nine States had ratified. The interest of the States in this subject is evinced by the attendance at this time. From July 2, the date on which the ratification by
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the ninth State was announced, until September 13 when final action was taken, 51 sessions were held. In these sessions 13 States were present on 8 days, 12 States on 18 days, 11 States on 16 days, and 10 States on 7 days. The consideration was prolonged by the difficulty in reaching an agreement on the place where the new government should begin its labors. The problem was solved by the resolve of September 13 fixing the time for the several steps in the election and New York as the place of meeting for the new administration.
The question of the disposition of the lands in the Western Territory continued to occupy much attention and a supplement to the land ordinance of May 20, 1785, was adopted on July 9, 1788. Various proposals for the purchase of public lands were presented. Financial matters of importance included the approval of a new Dutch loan, the adoption of a requisition, the consideration of claims of individuals and of the States, and the question of prize money. In foreign relations, diplomatic protests, reception and retirement of ministers, the navigation of the Mississippi and redemption of captives held in the Barbary States were important subjects. Problems in connection with Indian affairs, invalids, the post office, and land cessions of the States, were also discussed. Military affairs were given considerable attention. Special committees to report on the several executive departments made comprehensive reports which were entered on the Journal.
As shown by the committee reports and recorded motions, the most active Delegates in 1788 were Nathan Dane of Massachusetts, Edward Carrington of Virginia, Hugh Williamson of North Carolina, Abraham Clark of New Jersey, Dyre Kearny of Delaware, Abraham Baldwin of Georgia, and William Irvine of Pennsylvania.
The secretarial force in 1788 consisted of Charles Thomson, secretary, who had served from the beginning of the Continental
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Congress; Roger Alden, deputy secretary, who began his services on July 21, 1785; Benjamin Bankson, clerk, who took his oath on June 18, 1781; and John Fisher, clerk, who entered the office on February 5, 1785. Robert Patton, who had been doorkeeper since January 1785, died on May 8, 1788, and James Mathers was chosen to fill the post on May 15.
The Secretary's Office continued the Public and Secret Journals as well as the several auxilary records mentioned in the prefatory note to volume XXXII. These records as well as the documents from the files of the Secretary's Office have been utilized in editing this volume. The same plan of inclusion of documents to present the activities of the Congress has been followed as in the preceding volumes. It will be noted that numerous documents are mentioned in the footnotes as being read and referred to committees or heads of the departments for which no citations in the Papers of the Continental Congress are given. The absence of these documents from the collection is apparently due to the fact that no reports were made on them, and they probably remained in the hands of the committee or department to which they were referred.
The credentials of the Delegates, who attended for the Congress for the federal year 1788--89, though never read in a session of the Congress, are nevertheless printed in an appendix in order to conclude the stow of the Continental Congress, which actually finished its labors on October 13, 1788. The lists of unfinished business and subjects negatived or obsolete, formed by Secretary Thomson in November 1787, as well as a list of the unfinished business of 1788, taken from the Reports of Committees, Papers of the Continental Congress, no. 189, are given. Bibliographical notes on the imprints of the Congress for 1788 are also included.
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The publication of this volume of the Journals of the Continental Congress brings to a close the series begun more than 30 years ago by the Library of Congress, which has presented not only the formal Journals, but such supplementary materials from the auxiliary record books of the Secretary's Office and papers in the flies of that office as serve to give as complete a picture as formal records make possible of the workings of the First National Legislative Assembly of the United States of America.
Roscoe R. Hill, Editor.
Herbert Putnam, Librarian.
January 1937.
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