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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 --FRIDAY, MARCH 19, 1784.
Congress assembled: Present as yesterday.
Mr. [John Francis] Mercer, a delegate for Virginia, attended.
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The report of the committee on a letter of 6 November, 1783, from the legislature of New Hampshire, touching the proceedings and sentence of the court of Appeals in cases of capture, on the case of the brig Lusannah, as entered on the journal of the 21 January last, being taken up for debate,
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Richard Dobbs] Spaight, that the consideration of the report be postponed, in order to take up the following:
"That the petition of John Penhallow, and others, and the papers accompanying the same, be referred to the Judges of the court of Appeals; and that the said judges do report to Congress their proceedings, judgment and final decree in the same."
On the question to postpone for the purpose above-mentioned, the yeas and nays being required by Mr. [Abiel] Foster,
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So the question was lost.
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The previous question was then moved on the main question by the State of South Carolina, seconded by the State of Massachusetts; and on the question to agree to the previous question, the yeas and nays being required by Mr. [Abiel] Foster,
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So the question was lost.
When the question was about to be put on the resolution reported by the committee, the determination thereof was postponed by the State of North Carolina.
On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [David] Howell and Mr. [Hugh] Williamson, to whom were referred the fourth and fifth of the instructions of the 15 of October, 1783, to the commissioners for negotiating with the Indians,
Resolved, That the said fourth and fifth articles of the instructions of the 15 of October, 1783, to the commissioners for negotiating with the Indians be and they are hereby repealed, and in lieu thereof the following be substituted:
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4thly. That a meridian line passing through the lowest point of the rapids of Ohio to the northern boundary of these United States
comprehending all the lands between the said boundary on the north, the Ohio on the south, the said meridian on the west and Pensylvania on the cast, or so much thereof as the nation having title thereto may be induced to yield shall be ceded to the United States shall be agreed on as the dividing
shall be proposed as the line of division between the several Indian tribes and these states, so that all the lands comprehended between the said boundary on the north, the Ohio on the south, the said meridian on the west and Pensylvania on the east or so much thereof as the tribes having title thereto may be induced to part with shall be ceded to the United States and at such times as may be agreed upon in the treaty possession thereof or of any part thereof be given to the United States.
5thly. The interests and happiness of the Indians as well as of the inhabitants of the United States requiring that every circumstance should be avoided which may lead to hostile dispositions between them, and the meeting of several nations in one council having a tendency to generate combinations for the purposes of war.
5thly. The said commissioners are instructed as far as they shall be in their power find it convenient to treat with every tribe the several nations at different times and places and where necessity shall oblige them to bring two or more tribes nations together that they still keep their treaties and conferences as distinct as may be. That they make known to the Shawanese and Delawares that these United States consider them as independent nations, and will protect them as such That they countenance every disposition in any one of the six nations to treat and act separately and independently of this Confederacy; and that in general they discourage every coalition and consultation which might
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tend to involve any one tribe in contest in which any one of them may enter into with these United States. nation in the wars of the others.1
[Note 1: 1 This resolution was also entered in the manuscript Secret (Domestic) Journal. The report, in the writing of Thomas Jefferson, is in the Papers of the Continental Congress, No. 30, folio 213. The words lined out are so in the report and not in the Journals.]
On motion of Mr. [Roger] Sherman, seconded by Mr. [Elbridge] Gerry,
Resolved, That the commissioners appointed to treat negotiate with the Indians, shall each be allowed six and an half dollars per day, for the time they shall be employed in that business, in full for their services and expences, exclusive of their expences at the place or places where the treaties shall be held.2
[Note 2: 2 This motion, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 30. folio 215.]
On the report of a committee, consisting of Mr. [Thomas] Jefferson, Mr. [David] Howell and Mr. [Arthur] Lee, to whom was referred an additional report on Indian affairs,
Resolved, That the Superintendant of finance cause to be purchased a quantity of goods, to be disposed of to the Indians at the opening of the proposed treaty with them. applied in negotiating the treaty with the Indians, the amount not to exceed the sum of fifteen thousand dollars, including those on hand, according to an estimate, specifying kinds, quantities and qualities, to be furnished by the commissioners for negotiating the treaty.
Resolved, That a suitable person, with the allowance ofbe appointed by Congress the commissioners be, and they hereby are authorised and instructed, to appoint one or more suitable person or persons, with such allowance as they may think reasonable, to receive the aforesaid goods, to take charge of their transportation, to such place or places
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as may be pointed out by the said commissioners, and to attend to the safe keeping and issuing, agreeably to such orders as he or they may receive from the said commissioners, all goods committed to his or their care, which orders are to be produced as vouchers on the settlement of the accounts. [And that the Superintendant of finance furnish, to the Order of the said commissioners, the sums of money necessary for carrying this resolve into execution.]
Resolved, That the said commissioners be, and they hereby are authorised and directed, to make and transmit to Congress, from time to time, estimates of such additional quantities of goods, as may be found necessary in the course of their negotiations, in order that proper measures may be taken for procuring and forwarding the same.
Resolved, That the Superintendent of Finance be directed to furnish the sums of money necessary for carrying into execution the preceding resolutions.
Resolved, That the Superintendant of Finance be directed to issue a warrant in favor of the said Commissioners on the Treasury, for a sum not exceedingDollars, to be applied for the purchase and transportation of the said goods, agreeable to the second resolve.
That the Superintendent of Finance be directed to issue a warrant in favor of the said Commissioners on the Treasury, for a sum not exceedingDollars, for the purposes mentioned in the preceding resolve).1
[Note 1: 1 This report, in the writing of David Howell, except the part in parenthesis, which is in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 30, folio 209. The part in brackets was brought into the adopted resolution from the first rejected resolution.
On this day, as the indorsement indicates, was read an address and memorial of James Span. It is in No. 41, XX, folio 273.]
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