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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Congress assembled present New hampshire Massachusetts Connecticut New York Pensylvania Delaware Maryland
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land Virginia, North Carolina South Carolina and Georgia and from New Jersey Mr [Jonathan] Elmer.
[Report of committee on Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 30, pp. 339--341, in the writing of John Fisher with the preamble and the second resolve in the writing of Mr. Edward Carrington. Read August 12, 1788.]
The Committee consisting of [Mr. Edward Carrington, Mr. Jeremiah Wadsworth, Mr. William Irvine, Mr. Abraham Baldwin and Mr. Alexander Hamilton] beg leave to report in part as follows:
It appears to your committee from the letters of Governor St . Clair, and other papers accompanying them, that sundry acts of Hostility have lately been committed on the part of the Indians in the Northern department upon the inhabitants in the Kentucky Settlement, upon boats passing down the Ohio, and upon the party which had been sent by the said Governor St . Clair with Stores to the place appointed for holding the general treaty. Your Committee are of opinion that these Hostilities and the general Conduct of the Indians indicate an unfriendly disposition which renders the prospect of a successful treaty either of peace, or for the extinguishment of their claims to land, exceedingly precarious; that it is expedient that early measures be taken for placing the frontiers in a State of defence, and that it will be proper so to alter the instructions concerning the extinguishment of Indian claims to land, as to empower the Commissioners to extend the boundaries between the United States and the Indians as to them shall appear practicable, and for the advantage of the said United States. The following resolutions are therefore Submitted:
That the Executives of Virginia and Pensylvania, be requested to give orders to the militia of their respective frontiers to hold themselves in readiness to Unite with the federal troops in such operations as the governor of the Western Territory may judge necessary for the protection of the frontier inhabitants, and that on the application of the said Governor the said Executives be requested to give orders that parts of their said militia, not exceeding 1000 for Virginia and 500 for Pensylvania, be embodied, and to take such positions as the Commanding Officer of the federal troops shall direct, for acting in conjunction with the said federal troops in protecting and defending the frontiers against any hostilities commenced or meditated by the
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Indians, and in making such expeditions should they continue hostile as the said Governor shall direct for repelling such hostilities;
That the Commissioners for Indian Treaties be instructed, in the further purchases of Indian Rights to Land to extend the same as far as to them shall appear the most for the advantage of the United States, upon considering all circumstances, any former instructions prescribing certain limits notwithstanding.
On the report1 of a comee . consisting of Mr [Edward] Carrington Mr [Jeremiah] Wadsworth Mr [William] Irvine Mr [Abraham] Baldwin and Mr [Alexander] Hamilton to whom were referred sundry letters2 and papers from the Govr of the western territory.
[Note 1: 1 The proceedings on this report, with, the exception of the vote, were entered by John Fisher, in Western Territory, Papers of the Continental Congress, No. 176, pp. 58--60.]
[Note 2: 2 See August 8 and 11, 1788.]
Resolved That the executives of Virginia and Pensylvania be requested to give orders to the militia of their respective frontiers to hold themselves in readiness to unite with the federal troops in such operations as the govr . of the western territory may judge necessary for the protection of the inhabitants; and that on the application of the said governor the said, executives be requested to give orders that parts of their said militia not exceeding one thousand for virginia and five hundred for Pensylva . be embodied and take such positions as the commanding officer of the federal troops shall direct for acting in conjunction with the said federal troops in protectg and defending the frontiers against any hostilities commenced or meditated by the Indians and in making such expeditions should they continue hostile as the said govr . shall direct for repelling such hostilities;3 That the militia which shall be called into the actual service of the United States for the defence of the frontier inhabitants or
[Note 3: 3 The original of the portion of this resolve from this point to its end, in the writing of Mr. Edward Carrington, is in Papers of the Continental Congress, No. 30, p. 339a.]
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the purposes of any expedition shall be paid supported and equipped by the states from which the same may be respectively called, and that such state be credited for the same out of the existing specie requisitions so far as such expenditures shall be for pay and rations, which are to be computed on the federal establishments for similar services; provided that no charge for such service shall be valid unless supported by musters made by an officer of the federal troops agreeably to the orders of the commanding officer.
On the question to agree to this resolution, the yeas and nays being required by Mr [Abraham] Yates
{table}
So it was resolved in the affirmative.
That the said governor be informed that, the foregoing resolution having been taken by Congress on an apprehension
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that a war may be inevitable, he is to consider it as their earnest desire that all hostile measures may be avoided unless rendered indispensible to the safety and protection of the citizens of the United States.1
[Note 1: 1 The original of this paragraph of the resolves is in Papers of the Continental Congress, No. 30, p. 339b.]
Resolved That the commissioners for Indian treaties be instructed in the farther purchases of Indian rights to lands, to extend the same as far as to them shall appear for the advantage of the United States, upon considering all circumstances, any former instructions prescribing certain limits notwithstanding.
[Letter of Secretary for Foreign Affairs with letter of French minister2]
[Note 2: 2 Papers of the Continental Congress, No. 80, III, p. 544, read August 12, 1788.]
Office for Foreign Affairs
12th August 1788
Sir: I have the Honor of communicating to your Excellency herewith enclosed a Letter3 from the Count de Moustier of the 11th . Instant, and am with great Respect and Esteem, etc.,
[Note 3: 3 Papers of the Continental Congress, No. 96, p. 474, with translation on p. 478, read August 12, 1788. It advises that Mr. Otto will be chargé during the minister's absence.]
John Jay4
[Note 4: 4 August 12, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 202 and Reports of Committees, Papers of the Continental Congress, No. 189, p. 37, the committee of August 11, 1788, on the application of George Morgan (recommitted) and the petition of Royal Flint, rendered its report. It is probable that this report was simply an emended form of the report on this subject rendered on July 30, 1788. No other report of August 12 appears in the Papers of the Continental Congress. This report was recommitted on August 15, 1788. See June 25, July 1, 8, and 15, 1788.]
His Excellency
The President of Congress.
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