↑"The conventions of nine states having adopted the Constitution, Congress, in September or October, 1788, passed a resolution in conformity with the opinions expressed by the Convention and appointed the first Wednesday in March of the ensuing year as the day, and the then seat of Congress as the place, 'for commencing proceedings under the Constitution.'
"Both governments could not be understood to exist at the same time. The new government did not commence until the old government expired. It is apparent that the government did not commence on the Constitution's being ratified by the ninth state, for these ratifications were to be reported to Congress, whose continuing existence was recognized by the Convention, and who were requested to continue to exercise their powers for the purpose of bringing the new government into operation. In fact, Congress did continue to act as a government until it dissolved on the first of November by the successive disappearance of its members. It existed potentially until March 2, the day preceding that on which the members of the new Congress were directed to assemble." Owings v. Speed, 18U.S. (5 Wheat) 420, 422 (1820)
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