95 Broadway, New York, NY
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The engraving above, depicting New York's "City Hotel" circa 1830, showcases the right side of the Walter Livingston House, situated at 95 Broadway. This image reveals that the Livingston House was a four-story structure with dormer windows, accented stonework along the sides of the main building, and prominent stone slabs separating the first and second floors. A view of the front door is also visible. To the right of the Livingston House, the City Hotel at 123 Broadway is featured. This etching, dated circa 1831, is part of the Museum of the City of New York’s collection. |
- Fortenbaugh, Robert. The Nine Capitals of the United States, Maple Press Co., 1948, p. 78.
- History.com - 8 Forgotten Capitals of the United States, July 16, 2015, by Christopher Klein (retrieved August 2, 2017, history.com link).
- Klos, Stanley L. The U.S. Presidency & the Forgotten Capitols, ROI.us Publishing, 2008, p. 211.
- U.S. Senate - Chronological Table of the Capitals (retrieved August 2, 2017, senate.gov link).
- Wikipedia - List of Capitals in the United States, (retrieved August 2, 2017, Wikipedia link).
The Source of Confusion
The ongoing confusion surrounding the Seat of Government's relocation to 95 Broadway likely originates from the move of the Department of Foreign Affairs from Fraunces Tavern to the Walter Livingston House on May 1, 1788. Historical records show that while Fraunces Tavern had long served as an important government building, other departments began transitioning to new accommodations in the months prior to Congress's relocation in 1788.
Background and the Move to 95 Broadway
In January 1787, both John Jay, Secretary of Foreign Affairs, and Henry Knox, Secretary of War, requested that their departments be moved into the building serving as the Seat of Government under the Articles of Confederation after their lease at Fraunces Tavern was set to expire on April 30, 1787. However, Congress informed the secretaries that no rooms could be made available in the existing building. Consequently, the Department of Foreign Affairs and the War Department negotiated an extension of their Fraunces Tavern lease for an additional year.
By January 1788, with the renewed lease approaching its expiration, Secretaries Jay and Knox sought new accommodations. They secured the use of a building owned by Walter Livingston at 95 Broadway, a newly constructed and spacious four-story building with dormer windows. On February 1, 1788, Jay and Knox wrote to the Commissioners of the Treasury, including Walter Livingston himself, notifying them of the arrangement:
"We have hired for a year the new House of the honorable Walter Livingston Esquire in the Broad way, for the Office of Foreign Affairs and of War, at the rate of 250 pounds and the Taxes. As we shall not have occasion for all the Rooms, it may perhaps be convenient to you to place one or more of the Offices within your Department in the supernumerary ones."
(Selected Papers of John Jay, 4:644)
On May 1, 1788, the Department of Foreign Affairs, the War Department, and several other government offices moved into 95 Broadway. A report in the Massachusetts Gazette on May 16, 1788, detailed the allocation of rooms within the building:
"An arrangement of the several offices under Congress, which occupy that spacious and elegant building of the Honorable Walter Livingston, Esquire, in Broadway. On the first floor is the War-Office. Second Floor, the Office of Foreign Affairs. Third floor, Burrel's Office, for settling the accounts of Commissary and Quartermaster Departments -- Walker's Office, for the accounts of Marine, Clothing and Hospital departments. Fourth Floor, Treasurer's Office -- Farrel's office for adjusting the accounts of the State of New York and New Jersey."
This detailed account highlights the broad use of the building at 95 Broadway as an administrative hub but does not suggest it was Congress's official assembly room.
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Massachusetts Gazette dated May 16, 1788: An arrangement of the several offices under Congress, which occupy that spacious and elegant building of the Honorable Walter Livingston, Esquire, in Broadway. |
Congress's Decision and Renovation of Federal Hall
Four months later, on September 30, 1788, the United States in Congress Assembled (USCA) formed a committee to identify a temporary location for the Seat of Government while renovations were made to the former New York City Hall building. In an effort to retain the capital in New York, Mayor James Duane and the New York City Council negotiated with Congress to renovate the existing building into a structure more suitable for the forthcoming constitutional government.
Earlier that month, Congress had commissioned architect and engineer Pierre L’Enfant to design the renovations. His ambitious plans transformed the building into what would become Federal Hall, the first official Capitol of the United States under the new Constitution.
Conclusion and Historical Context
The timeline and overlapping use of Fraunces Tavern and 95 Broadway contribute to the persistent confusion regarding Congress's location during this transitional period. While Fraunces Tavern is widely recognized as the last Seat of Government under the Articles of Confederation, the Walter Livingston House played a significant role as the site of key departmental operations. This distinction underscores the complexity of early American governance and the logistical challenges of accommodating a fledgling nation's leadership.
On October 1, 1788, Massachusetts delegate George Thatcher wrote to his wife, Sarah, describing the imminent move:
"I told you there was an addition going to be made to the Building Congress now sets in. Twenty or thirty people are daily to work upon this; and the house we now set in must, immediately be unroofed---; And Congress must of course adjourn to some other house for the present. There is none where they can be very well accommodated, And I should not wonder if an adjournment without day should take place. If this should be the case you may look for me some time in this month."[^5]
The USCA Journals of October 2, 1788, document the logistical challenges and the resolution passed to address them:
"The committee consisting of Mr [Thomas Tudor] Tucker, Mr [John] Parker, and Mr [Abraham] Clark to whom was referred a letter from the Mayor of the city of New York to the Delegates having reported, That it appears from the letter referred to them, that the repairs and alterations intended to be made in the buildings in which Congress at present Assemble, will render it highly inconvenient for them to continue business therein, that it will therefore be necessary to provide some other place for their accommodation, the committee having made enquiry find no place more proper for this purpose than the two Apartments now appropriated for the Office of Foreign Affairs. They therefore recommend that the said Apartments be immediately prepared for the reception of Congress and the papers of the Secretary."[^6]
That same day, Delegate Thatcher informed Nathan Dane of Congress’s temporary relocation:
"The new Building is going on with spirit. Congress has this day adjourned till Monday, & then to meet in the rooms where Mr. Jay kept his office. This had become necessary, as the Old Hall and Court Room are to be new modled; And the workman made such a continual noise that it was impossible to hear one another speek. I should not wonder if by middle of next week Congress were to adjourn without day. Many are uneasy and are for going home."[^7]
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On October 6, 1788, the USCA vacated the colonial City Hall. Six states assembled in the Department of Foreign Affairs' former offices at 95 Broadway, the Walter Livingston House. However, the assembled delegates failed to achieve the quorum of seven states required to conduct official business. The USCA Journals recorded:
"Six States assembled namely Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina and South Carolina, and from New Hampshire Mr [Nicholas] Gilman from Rhode Island Mr [Peleg] Arnold, from New York Mr [Leonard] Gansevoort, from Delaware Mr [Dyre] Kearny, and from Maryland Mr [Benjamin] Contee."[^8]
On October 8, 1788, the USCA achieved a quorum, and Virginia Delegate Henry Lee moved to resolve an outstanding naval matter:
"That considering the peculiar circumstances attending the case of Muscoe Livingston, late a Lieutenant in the navy of the United States, in the settlement of his accounts, Resolved, that the Commissioner for the marine department adjust the said account, any resolution of Congress to the contrary notwithstanding."[^9]
The remainder of that day was spent reviewing Governor Arthur St. Clair’s correspondence from the Northwest Territory. On October 9, Congress passed a resolution to satisfy a lottery claim with specific legal provisions.[^10]
The Final Days of the Articles of Confederation Government
On October 10, 1788, Congress reconvened but still failed to form a complete representation of all states. Georgia, as in the first Continental Congress, did not send delegates. The USCA suspended work on state financial accounts and adjourned indefinitely. In its last official act under the Articles of Confederation, Congress addressed land bounties for officers of the late Continental Army. A motion by Abraham Clark, seconded by Hugh Williamson, was tabled and ultimately defeated:
"That the Secretary at War be and he hereby is directed to forbear issuing warrants for bounties of land to such of the officers of the late army who have neglected to account for monies by them received as paymasters of Regiments, or for recruiting or other public service..."[^11]
Congress adjourned on October 10, 1788, marking the final session under the Articles of Confederation. Attempts to assemble the Ninth Congress under the Articles failed due to the lack of a quorum. Despite Virginia reappointing delegates, including Cyrus Griffin, he continued in his role as President until his term expired on January 21, 1789, without a successor.
Transition to the New Constitutional Government
On March 3, 1789, the Articles of Confederation government concluded with a symbolic firing of thirteen guns at sunset, one for each state. The next morning, March 4, 1789, the new constitutional government began with eleven cannon shots, honoring the eleven states that had ratified the new Constitution. Rhode Island and North Carolina, having yet to ratify, were excluded from the Union.[^12]
Walter Livingston Advertisement listing his 95 Broadway house for sale in The Daily Advertiser
The Walter Livingston House continued to serve as an office building for various federal and city departments. In December 1789, Walter Livingston listed the property for sale in The Daily Advertiser. This move was timely, as Congress had passed the Residence Act on July 16, 1790, establishing Washington, D.C. as the permanent capital of the United States.[^13]
Footnotes
- Massachusetts Gazette, May 16, 1788: Detailed descriptions of the government offices housed in the Walter Livingston House.
- Selected Papers of John Jay, Volume 4: Provides insights into the correspondence and arrangements made by Jay and Knox regarding 95 Broadway.
- Pierre L’Enfant’s Federal Hall plans: Descriptions of the architect’s contributions to transforming the New York City Hall for the constitutional government.
- Pierre L’Enfant’s designs for Federal Hall: See Journals of the U.S. Congress, September 1788.
- George Thatcher to Sarah Thatcher, October 1, 1788: Letters of the Delegates.
- USCA Journals, October 2, 1788: Congressional report on temporary relocation.
- Thatcher to Nathan Dane, October 2, 1788: Correspondence.
- USCA Journals, October 6, 1788: First session at 95 Broadway.
- Henry Lee resolution on Muscoe Livingston: USCA Journals, October 8, 1788.
- USCA Journals, October 9, 1788: Resolution on lottery claims.
- Abraham Clark’s motion on land bounties: USCA Journals, October 10, 1788.
- March 3–4, 1789 transition: Articles of Confederation government dissolution and Constitution inauguration.
- The Daily Advertiser, December 1789: Sale of 95 Broadway.
For students and teachers of U.S. history, this video features Stanley and Christopher Klos presenting America's Four United Republics Curriculum at the University of Pennsylvania's Wharton School. Filmed in December 2015, this video is an informal recording by an audience member capturing a presentation attended by approximately 200 students, professors, and guests. To explore the full curriculum, [download it here].
September 5, 1774 | October 22, 1774 | |
October 22, 1774 | October 26, 1774 | |
May 20, 1775 | May 24, 1775 | |
May 25, 1775 | July 1, 1776 |
July 2, 1776 to February 28, 1781
July 2, 1776 | October 29, 1777 | |
November 1, 1777 | December 9, 1778 | |
December 10, 1778 | September 28, 1779 | |
September 29, 1779 | February 28, 1781 |
March 1, 1781 to March 3, 1789
March 1, 1781 | July 6, 1781 | |
July 10, 1781 | Declined Office | |
July 10, 1781 | November 4, 1781 | |
November 5, 1781 | November 3, 1782 | |
November 4, 1782 | November 2, 1783 | |
November 3, 1783 | June 3, 1784 | |
November 30, 1784 | November 22, 1785 | |
November 23, 1785 | June 5, 1786 | |
June 6, 1786 | February 1, 1787 | |
February 2, 1787 | January 21, 1788 | |
January 22, 1788 | January 21, 1789 |
United States in Congress Assembled (USCA) Sessions
USCA | Session Dates | USCA Convene Date | President(s) |
First | 03-01-1781 to 11-04-1781* | 03-02-1781 | |
Second | 11-05-1781 to 11-03-1782 | 11-05-1781 | |
Third | 11-04-1782 to 11-02-1783 | 11-04-1782 | |
Fourth | 11-03-1783 to 10-31-1784 | 11-03-1783 | |
Fifth | 11-01-1784 to 11-06-1785 | 11-29-1784 | |
Sixth | 11-07-1785 to 11-05-1786 | 11-23-1785 | |
Seventh | 11-06-1786 to 11-04-1787 | 02-02-1787 | |
Eighth | 11-05-1787 to 11-02-1788 | 01-21-1788 | |
Ninth | 11-03-1788 to 03-03-1789** | None | None |
* The Articles of Confederation was ratified by the mandated 13th State on February 2, 1781, and the dated adopted by the Continental Congress to commence the new United States in Congress Assembled government was March 1, 1781. The USCA convened under the Articles of Confederation Constitution on March 2, 1781.** On September 14, 1788, the Eighth United States in Congress Assembled resolved that March 4th, 1789, would be commencement date of the Constitution of 1787's federal government thus dissolving the USCA on March 3rd, 1789.
Philadelphia | Sept. 5, 1774 to Oct. 24, 1774 | |
Philadelphia | May 10, 1775 to Dec. 12, 1776 | |
Baltimore | Dec. 20, 1776 to Feb. 27, 1777 | |
Philadelphia | March 4, 1777 to Sept. 18, 1777 | |
Lancaster | September 27, 1777 | |
York | Sept. 30, 1777 to June 27, 1778 | |
Philadelphia | July 2, 1778 to June 21, 1783 | |
Princeton | June 30, 1783 to Nov. 4, 1783 | |
Annapolis | Nov. 26, 1783 to Aug. 19, 1784 | |
Trenton | Nov. 1, 1784 to Dec. 24, 1784 | |
New York City | Jan. 11, 1785 to Nov. 13, 1788 | |
New York City | October 6, 1788 to March 3,1789 | |
New York City | March 3,1789 to August 12, 1790 | |
Philadelphia | Dec. 6,1790 to May 14, 1800 | |
Washington DC | November 17,1800 to Present |
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