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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, MAY 28, [1784.]
Congress assembled. Present as before.
On motion of Mr. [Jacob] Read, seconded by Mr. [Elbridge] Gerry,
Ordered, that Brigadier General Armand be furnished with a certified copy of the resolution of 22 April last respecting Colonel Ternant.
Sundry reports being called for, which were orders of the day, and the title of the first called for, being read, viz. "An Ordinance for ascertaining the mode of locating and disposing of lands in the Western territory," which is as follows:
AN ORDINANCE FOR ASCERTAINING THE MODE OF LOCATING AND DISPOSING OF LANDS IN THE WESTERN TERRITORY.
Be it ordained by the United States in Congress assembled, that the territory ceded by individual states to the United States, when the same shall have been purchased of the Indian inhabitants, and laid off into states, shall be disposed of in the following manner. It shall be divided into hundreds of ten geographical miles square, each mile containing 6086 feet, and 4--10ths of a foot, by lines to be run and marked due north and south, and others crossing these at right angles, the first of which lines, each way, shall be at ten miles distance from one of the corners of the State within which they shall be. But if the Indian purchase shall not have included any one of the corners of the State, the line shall then be run at the termination of integral miles, as measured from some one of the corners, but shall be extended, by actual marks, only so far as the purchase extends. These hundreds shall be sub-divided into lots of one mile square each, or 850 acres and 4--10ths of an acre, by marked lines, running in like manner due north and south, and others crossing these at right angles.
For laying off the said territory, surveyors shall be appointed by Congress, or the committee of the States, who shall proceed forthwith, under the direction of the register hereafter to be mentioned, to divide the same into hundreds, by lines in the directions, and at the intervals before mentioned; which lines shall be measured with a chain, shall be plainly marked by chaps or marks on the trees, and
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shall be exactly described on a plat, whereon shall be noted, at their proper distances, all water courses, mountains and other remarkable and permanent things, over or near which such lines shall pass.
The hundreds being laid off and marked, nine of them shall be assigned as a district to each surveyor, who shall then proceed to divide each hundred of his district into lots as before directed, beginning with the hundreds most in demand, and measuring, marking and platting the said dividing lines thereof in the manner before directed for the hundreds; save only that the lines of the lots shall be distinguished by a single mark on each tree, and those of the hundreds by three marks. And that the said lots may be capable of more accurate description and distinction from each other, those in every hundred shall be designated by the numbers in their order, from 1 to 100, beginning at the northwestern lot of the hundred, and applying the numbers from i to 10, to the lots of the first row from west to east successively; those from 11 to 20, to the lots of the second row from west to east and so on. The surveyors shall pay due and constant attention to the variation of the magnetic meridian, and shall run and note all lines by the true meridian, certifying with every plat what was the variation at the time of running the lines thereon noted.
A register shall be appointed by Congress, for each of the states within which the said territory shall lie, who shall keep his office within the said State, be resident at it himself, and provide a seal for authenticating its acts. To him returns shall be made, by the several surveyors, on the last days of March and August in every year, of the plats of all lines measured and marked by them in the preceding half year, to be by him collated and reduced into a general map of the whole State for which he acts. He shall annually, to wit, on the first Monday in November of every year, deliver, or cause to be delivered, to the secretary of Congress, a copy of such portions of the said general map as shall have been formed, or further filled up, during the preceding year, retaining one in his own office for the use thereof. He shall have power to suspend any surveyor for negligence or malversation, making report thereof to Congress, or a committee of the states, that they may direct a proper enquiry.
Each register shall cause to be printed, under such devices, difficult of imitation, as he shall think best,warrants, each of
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which shall give right to one lot of a mile square, described as before directed: andother warrants for each of the said states, which shall give right, each of them to one of the hundreds of ten miles square as before described: these warrants shall have blanks for names and dates; shall be numbered and signed by the register; sealed with the seal of his office; and shall be cut with indentures from a book, the margin of which shall be numbered in correspondence with the warrant cut therefrom, and shall be preserved in the office as a further check. The said warrants shall be deposited in the treasury of the United States, and the treasurer thereon debited with them. From thence they shall be sent in such numbers as the register issuing them shall direct, to the commissioner of the loan office for the United States in each of the states within the union; the treasurer countersigning them on parting therewith, and having a credit duly entered in his own account with the United States, and a debit against the loan officer to whom they are sent.
Any person chusing to become a purchaser of lands within the said territory, and paying to the treasurer or loan officer, the sum of dollars, shall receive in lieu thereof, one of the said smaller warrants entitling him to a lot, or payingdollars, shall receive in lieu thereof one of the said larger warrants, entitling him to a whole hundred within the State from which the warrant issued; the treasurer or loan officer inserting the name of the purchaser in the proper blank, filling up the date, and attesting the warrant by his own subscription. Loan office certificates reduced to their specie value by the scale of depreciation, or certificates of liquidated debts of the United States, shall be receivable for the said warrants in lieu of money; and evidences of military rights to lands, hereinafter to be described, shall be receivable instead of the price itself of so much land. These warrants shall pass as lands by descent or devise, but not by assignment nor by survivorship.
The owner of any warrant proceeding to locate the same, shall deliver it to the surveyor of the district, wherein his location is to be, describing to him the particular lot on which he places it, or the hundred, if it be a warrant for a hundred, by a designation of some point, either natural or artificial, within the said lot or hundred, so singular and certain as may be adapted to no other lot or hundred; or by reference to the position of the hundred, or number of the lot; which description the surveyor shall immediately enter in a book
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well bound, with the date of the entry, describing the warrant located thereon by its number, date, signatures and name of the original owner, and leaving no blank space or leaf between that and the preceding entry, nor any margin by its side. If the location be made before the lot or hundred be yet laid off by lines actually run and marked, the surveyor shall retain the warrant in his hands until the hundred, if it be for a hundred, or until all the lots of the hundred, if it be for a lot, shall be actually laid off by marked lines: and then, or at the time of the entry, if the lines were marked before the entry was made, having satisfied himself by proper evidence, or by his own inspection and examination, on what particular lot, or on what hundred, the location is, and that there has been no previous location on the same, he shall give to the party a certificate, describing the lot or hundred so specially as that it may be known from all others, by particular marks or circumstances, natural or artificial, by stating the order or position of the hundred, relatively to the boundaries of the State, and specifying the lot by its number: with which certificate he shall return the warrant also to the party. These being delivered to the register, and the warrant examined and found genuine by him, he shall give a receipt for the same, and in due time proceed to execute a grant of the land in the following form: "A. B. register of the land office of the United States, within the State ofto all to whom these presents shall come, greeting: Know ye, that for good consideration, there is granted by the United States of America, unto C. D. a certain lot [or hundred of land as the case shall be, describing it from the certificate] within the said State ofto have and to hold the said lot [or hundred] of land with its appurtenances, to him the said C. D. and his heirs forever. In witness whereof, the said A. B. register of the land office of the said State, hath hereunto set his hand, and caused the seal of his office to be affixed, thisday ofin the yearand of the independence of the United States the"which grant shall be entered of record at full length, in good well bound books to be provided for that purpose, at the expence of the United States, and kept by the register; and being so entered, shall be certified to have been registered, and then be delivered to the party, or his order. Different lots, adjoining side by side, within the same hundred, may be included and passed by the same grant; but separate lots, and lots in different hundreds, as also different hundreds, shall be passed by different
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grants. No fractions of a lot shall be granted, unless where such fractions are occasioned by the boundary of the State, or of the Indian conveyance. Until a temporary government shall be so established in any State, according to the resolutions of Congress of April1784, the lands therein shall pass in descent and dower, according to the customs known in the common law, by the name of gavelkind; and shall be transferable by deed or will proved by two witnesses. But so soon as a temporary government shall be so established, they shall become subject to the laws of the State, and shall never after, in any case, revert to the United States. Where a grant shall be made out to the heir or devisee of the person in whose name the warrant was originally issued, he shall be named in the said grant as heir or devisee.
For preventing hasty and surreptitious titles, the register shall execute no grant for lands until the warrant and certificate delivered him for the same shall have remained in his officemonths: at any time within which period, any person claiming the same lands under a prior location, shall be at liberty to enter a caveat, with the register, against the execution of any grant to the other, setting forth in the entry, a copy of the location under which himself claims. The register shall thereupon issue a summons reciting the entry made with him, and calling the defendant to appear, at a certain time and place, in defence of his right; which summons being served, and the parties appearing, he shall refer the decision to three arbitrators to be chosen by them, or if they cannot agree, then to three intelligent, honest and indifferent persons to be named by himself; which arbitrators being first sworn to do justice between the parties, according to the best of their knowledge and abilities, by the register, who is hereby authorised to administer such oath, shall proceed thereon, at such times and places as they shall appoint, giving notice thereof to the parties, and their award being rendered, the register shall execute a grant to the plaintiff or defendant, conformably therewith. The party whose location is annulled, shall be authorised to receive again his warrant, and to locate it on other lands. If the defendant being summoned, or the plaintiff fails to appear, by himself or another, before the register, on the day appointed, the register may give a further day, or in his discretion may proceed on the evidence before him, to execute a grant to the party having the right. If the defendant fails to appear, and there
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be no sufficient proof that the summons has been served, the register shall issue a new summons, unless it shall be proved that he hath been sought at the usual place of his dwelling, and hath not been found, in which case the summons shall be advertised three times in some gazette of the State wherein he then resides, or last was known to reside, giving a new day of appearance, which shall not be within less thanmonths after the date of the third publication, and on his failing to appear at that day, the register shall proceed to decision. But in case of a decision against the defendant, where there was no actual service of the summons, he shall be allowed at any time within one year after such decision, a re-hearing before arbitrators, to be appointed and qualified as directed in the case of an appearance; but on such re-hearing, the mere right alone shall be tried.
The register, together with the map before directed to be delivered annually to the secretary of Congress, shall report a calendar of all grants executed by him; stating, in different columns thereof, the date, grantee, quantity, how much of that was for military service, the hundred and lot.
The monies arising from the sale of warrants shall be applied to the sinking such part of the principal of the national debt as Congress shall, from time to time, direct, and to no other purpose whatsoever.
The register, before he enters on the duties of his office, shall give such bond and security for the faithful discharge thereof, as Congress, or the Committee of the States, shall approve; and shall be entitled to receive, for the execution of every grant,dollars, for every lot the same shall contain, ordollars, if it be for a whole hundred: which shall be paid at the time he receives the warrant and certificate, and shall be deemed satisfaction for all the services and expences of his office, except the purchase of books for registering grants, and of the seal of his office.
Every surveyor shall also, before he enters on the duties of his office, give such bond and security for the faithful discharge thereof, as Congress, or the Committee of the States, shall approve; and shall be entitled to receive, for every lot located with him,dollars, anddollars for a whole hundred; which shall be paid at the time of location, and shall be deemed satisfaction for all the services and expences of his office. But where he shall have admitted more
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locations than one on the same land, he shall restore the fees received from the party whose location shall be set aside.
A surveyor desiring to locate land for himself, shall make such location with the register.
And whereas Congress, by their resolutions of September 16, 1776, and August 12, 1780, stipulated grants of land to the officers and soldiers who should engage in the service of the United States, and continue therein to the close of the war, or until discharged by Congress, and to the representatives of such officers and soldiers as should be slain by the enemy, in the following proportions, to wit: To a major-general, 1100 acres; to a brigadier, 850; to a colonel, 500; to a lieutenant-colonel, 450; to a major, 400; to a captain, 300; to a lieutenant, 200; to an ensign, 150, and to a non-commissioned officer or soldier, 100: for complying therefore with such stipulation, and for ascertaining the evidence of rights accruing under the same, which shall be receivable instead of money, it is ordained, that the evidence to be required from commissioned officers, shall be a certificate from the war office of their rank and continuance in service to the end of the war; from non-commissioned officers and soldiers, a certificate from the captain of their company countersigned by the officer who commanded their regiment at the time of their discharge, that they were inlisted into the service of the United States during the war, and continued therein to the close of it, to wit: to theday of1783, and from the representatives of such officers and soldiers as were slain by the enemy, a certificate from the same authority, of the rank or term of inlistment of the deceased, and that he was slain by the enemy, together with satisfactory affidavits that they are his representatives; which evidences shall be receivable by the loan officers of the United States, in the State to the line of which he belonged, or by the treasurer if he belonged to the line of no State: and on the warrant issued, shall be an endorsement, signed by the treasurer or loan officer, declaring the proportion thereof which was satisfied by military service; and in the same proportion shall all fees be abated to which that warrant would otherwise be subject. The proceedings on it, in all other respects, shall be the same as on a warrant issued wholly for money.
Saving and confirming always, to all officers and soldiers entitled to lands on the northern side of the Ohio, by donation or bounty from the Commonwealth of Virginia, and to all persons claiming under them, all rights to which they are so entitled by the laws of the said
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State, and the acts of Congress accepting the cession of western territory from the said States.
On the question, shall this be taken into consideration the yeas and nays being required by Mr. [David] Howell,
{table}
So the question was lost.
The title of the second report called for, being read, viz.
"Report of Mr. [Richard] Beresford, Mr. [Thomas] Jefferson, Mr. [Jeremiah Townley] Chase, Mr. [Richard Dobbs] Spaight and Mr. [Jacob] Read, on Indian affairs in the southern department," which is in the words following:
The Committee consisting of Mr. [Richard] Beresford, M.r [Thomas] Jefferson, Mr. [Jeremiah Townley] Chase, Mr. [Richard Dobbs] Spaight, and Mr. [Jacob] Read, appointed to take into consideration the State of Indian affairs in the Southern department, beg leave to Report,
That a Report was made upon Indian Affairs in the northern and middle Departments, and being amended was
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agreed to on the 15th of Oct.r. 1783. That, as many of the Principles contained in that Report will apply with equal propriety to the Southern Department, and the sense of Congress was then expressed, the Committee propose, so often as the circumstances agree, to adopt them in the present. That the Department consigned to their particular consideration extends as it is defined by an Act of Congress of July 12th. 1775, so far northward as to include the Cherokees, and so far southward as to include all the other Southern Tribes--That all claims made by So. Carolina and Georgia upon the Indians have been satisfied--That in a conference with a Deputation of Indians held in Charleston South Carolina in Decr. 1782 by Governor Mathews, there appeared in them a pacific disposition; and from the circumstances in which our treaty with Great Britain has left the hostile Indians, the same disposition may be supposed to be universal among them. That the preservation thereof is an object greatly desirable; for though a weak, they are a destructive Foe; and in a contest with them much may be lost, but nothing won which will be useful to us, or which will not be more useful when it will be more easily won. That if an Indian war should be rekindled, repeated victories might produce the retreat of the Indians, but could not prevent them from regaining possession of some of the distant Territory of the United States; that while such temporary expulsions could only be effected at a great charge, they could not be maintained but by numerous Garrisons and an expensive Peace Establishment. That even if the Indians could be totally expelled, the policy of reducing them to such an extremity is deemed questionable; for in case of any future rupture with Great Britain they would thereby become an useful ally to that Power, and a formidable Enemy to the United States. That it is highly fortunate that in the Southern Department no subject of contention
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threatens us when we are but little prepared to contend. Yet how long that may continue which at present seems to be in some degree the effect of disappointment and despair it cannot now be ascertained, and it will probably depend upon the Measures which the occasion may suggest. That Generosity, Clemency and Mercy ought to appear in the Transactions of the Grand Council of the United States with a people who live in a lamentable state of ignorance and error; and that these will perhaps be found ultimately to compose the best Policy. That so often as the Interests of both Parties can be made to accord, mutual advantage ought to be attempted; and that nothing else can form so solid and durable a foundation for harmony and peace. That Small benefits should be cheerfully resigned for the probable attainment of those which are important; more especially as it cannot be presumed the Indians will in their present circumstances venture upon any extravagant demands.
That Congress, however desirous they may be to gratify their better feelings in acts of humanity, will not be warranted in advancing beyond the essential interests of their constituents; and furthermore generosity becomes bankrupt and frustrates its own designs by prodigal bounty. That the States which are inhabited by the Indians in the southern department have in common with the rest of the United States, pledged themselves for the payment of the publick debts; that Justice, Gratitude, and good Policy, direct them to make ample provision more especially for their own quota of the virtuous army whose patient courage has so eminently conduced to the establishment of their liberty and independence; that it is become necessary by the increase of domestick population and emigrations from abroad to provide speedily for the settlement of their respective territories, and their finances do not admit of any considerable
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expenditure to extinguish the Indian claims upon such lands: the Committee are therefore of opinion that the Indians in the Southern department should be prevailed upon to ascertain and establish between the United States and themselves such lines of property, and to make such cessions of uncultivated land to the States they inhabit respectively as may be convenient to those nations and commensurate to the present and approaching necessities of those States. Nor in the opinion of the Committee, can the Indians make any reasonable objection against the measures recommended. They were themselves aggressors in the war, without even a pretence of provocation, and the barbarities which attend their mode of warfare are too shocking and of too great notoriety to be here recited. These circumstances are sufficient to manifest the obligation they are under to make atonement for their outrages, and a reasonable compensation for the expences and alarms to which they have exposed their unoffending neighbours, and they possess no other means to do this act of justice than by a compliance with the proposed terms.
The Committee are of opinion that care should be taken neither to yield nor require too much; to accommodate the Indians as far as the publick good will admit, and to avoid the hazard of a war the expences of which may exceed the value of the acquisition sought for; but it is supposed that when they shall have been informed of the damages which our citizens have sustained from their irruptions and those of their British Ally all unreasonable expectations will be suppressed, Whereupon,
Resolved, That Conventions be held with the Indians residing in the southern department who have taken up arms against the United States, for the purpose of receiving them into the favour of the United States, and of establishing boundary lines of property for separating and dividing the
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settlements of the citizens of the United States from the Indian villages and hunting grounds, and thereby extinguishing as far as possible all occasion for future animosity, disquiet and contention. That First, and as a preliminary, it shall be required, that all prisoners of whatever age or sex among the Indians, and all fugitive and other slaves shall be delivered up.
Secondly, That the Indians be informed that after a contest of eight years for the sovereignty of this country, Great Britain has relinquished to the United States all claim to the country within the limits described by the second article of the definitive treaty between the United States and the King of Great Britain signed on the third day of September in the year 1783, that is to say (here insert the limits).
Thirdly. That as the Indians in contempt of every principle of justice and humanity regardless of the friendly temper and designs of the United States, and in defiance of their power or resentment, were determined to join their arms to those of Great Britain and to share her fortunes, so consequently by a less generous people than Americans they might be compelled to retire to the most distant parts of the Continent. But as we prefer clemency to rigour, as we persuade ourselves that their eyes are open to their error, and that they have found by fatal experience that their true interest and safety must depend upon our friendship, as the country is large enough to maintain and support us all, and as we are disposed to be Kind to them, to supply their wants, and to partake of their trade; we from these considerations and from motives of compassion, draw a veil over what is past, and will establish a boundary line between us and them beyond which we will restrain our citizens from hunting and settling, and within which the Indians shall not come but for the purposes of trading, treating, or other
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business equally unexceptionable. That Congress are desirous that the most friendly intercourse may subsist between us, and that all commercial transactions may be conducted upon the most equitable principles, and such as may equally promote the interests of both parties. But that they take warning of the perils of a fresh rupture. That a second injury is more grievous than the first.
That an offence against one State will be resented by the whole, That their friends have deserted them, and that our arms obliged them to do so, that without their friends they must be immediately overwhelmed. That we also have friends who never deceived us, but on the contrary enabled us to capture an army the loss of which ruined the British cause in America; that their friends in the late treaty of peace left them to the mercy of their enemies, having made no stipulation in their favour, yet that we are not disposed to take advantage of their distress; that men ought to be preferred who are merciful as enemies to men who are treacherous as friends.
Fourthly. The Commissioners which shall be appointed to treat with these Indians are instructed to use their own discretion in establishing between the United States and the several nations of Indians the most advantageous boundary lines to which they can be induced to accede, unless they shall hereafter be otherwise directed by Congress.
Fifthly. The Commissioners are instructed to treat with the Indian Nations collectively or at different times and places as they shall find most conducive to the interest of the United States, care being taken to avert the mischiefs which may arise from united councils or powerful combinations among the Indians, and to encourage in them every disposition to act independently.
Sixthly. The Commissioners are instructed not to admit into a treaty with the Indians or suffer to be in any manner
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connected with it, any article, stipulation or condition whatsoever making or confirming or tending to make or confirm to any individual or individuals any grant or grants of land whether real or pretended, within the bounds of the United States as before described, moreover that no treaty which may have been concluded with the Indians by any State or States and not by the United States in Congress assembled, for obtaining land or for any other purpose, shall be confirmed by the Treaty or treaties now proposed to be held, unless the said treaties which may have been concluded by such State or States appear manifestly and perfectly consistent with the design of the Treaties now proposed to be held.
Seventhly. The Commissioners are instructed to take security from the Indians for the performance of their engagements if they shall find this measure practicable.
Eighthly. The Commissioners are instructed to warn all persons not properly authorised from trading with the Indians. That the Commissioners do not allow the Indian Traders to take advantage of the intoxication of the Indians, or to wrong them in any manner in their dealings, and in order that the Traders may be kept under the controul of the Commissioners and that their fidelity may be insured and these evils may be prevented, the Commissioners are instructed to put them under the obligation of a bond with good and sufficient security.
Ninthly. The Commissioners are instructed to encourage the Indians to give intelligence of any mischeivous designs which may be concerted in any neighbouring Tribe against the United States, thus will evil be prevented in the first instance, and the strength of the Indians be divided and diminished by violated faith should any Tribe, at present friendly to us, become in future hostile, and threaten an invasion. That the Commissioners take proper steps for
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obtaining and transmitting such intelligence with all possible dispatch.
Tenthly. That it be recommended to the Executive of the State of South Carolina to furnish the Commissioners which shall be appointed to treat with the Indians in the Southern Department with all such Goods and sums of money as may be necessary at the proposed Treaty or Treaties and fully to carry into effect the views of the United States in Congress assembled: and that a credit shall be allowed to the said State for the amount of such advances as part of the Quota of the said State on any of the Requisitions of Congress against the said State now unsatisfied. But if the State of South Carolina should fail to grant the supplies above mentioned that the Superintendant of Finance be directed to purchase Goods of such kinds as are most useful and acceptable to the Indians to the amount ofDollars. And that the Goods or sums of money which may be furnished by the Executive of South Carolina or the Superintendant of Finance, be deposited in the hands of the Commissioners, they having previously appointed an Agent, subject to their orders, to take them under his care. That the Commissioners make the usual presents to the Indians at their first interview. That the rest of the Goods be disposed of at such prices as shall appear to the Commissioners prudent and convenient.
Eleventhly. That the Commissioners use such arguments as shall appear to them most likely to prevail with the Indians to enter into the society of the Citizens of the United States, and that they make them acquainted with such Laws as exist in the different States, particularly those in their vicinity, for the encouragement of new settlers.
The Committee are moreover of opinion that Commissioners not exceedingin number with Salaries ofDollars per day each, exclusive of their expenses, be immediately
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appointed with instructions to form a Treaty or Treaties with the Indians in the Southern Department upon the principles contained in the foregoing Report so far as shall be consistent with the Articles of Confederation.
The Committee also think it advisable that Congress recommend that Laws be passed for preventing persons not authorised by Congress from trading with the Indians; also for the security of the Indians, and the punishment of those who shall invade them, or in any manner treat them unjustly and thereby endanger the tranquility of the United States; also to adapt their Laws as much as convenient to the purpose of inducing the Indians to become citizens.
The Committee upon Indian Affairs in the Southern Department have also been directed to take under consideration several Papers consisting of a Letter from General Wilkinson to the President dated Falls of Ohio Jan. 17, 1784; a letter from Mr. J. Donne to Genl. Wilkinson of the same Date; a Talk of five Chiefs of the Chickasaw Nation of Indians dated Chuck-ul-issah July 20th., 1783, addressed to the President, and forwarded by M.r. Donne through Genl. Wilkinson; also a copy of the commission of Captain Colbert (taken from the Original by Mr. Donne) under which he served the King of Great Britain in the late war, and commanded a volunteer corps of white men and Southern Indians, also forwarded by Mr. Donne. The Committee have attentively perused these Papers, and from the representations they contain, have agreed to report their opinion as follows--
That long before the Declaration of Peace with Great Britain and as early as the beginning of the Year 1782, the Chickasaw Nation of Indians made overtures for a Peace with the United States, but before a Messenger despatched by General Clark to assist in concluding the same, could reach their country; the hunting season had arrived, and the
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Chiefs were abroad; but that the most friendly disposition prevailed throughout the Nation; and that they have remained in this disposition ever since. That attempts have been made by the Spaniards to attach them to their interests, but they prefer a connexion with us, and have formed a resolution to accept of no advantages which have been offered to them unless they shall be driven to that resource by our neglect, and are now anxiously waiting the result of their application to Congress. That they have expelled out of their Nation all those who were on the Misisissippi under Colbert lest their presence should be offensive to the Americans. That although long since desirous of Peace, they have been confused and perplexed with contradictory accounts and knew not where they should make their application, whether to any State in their vicinity or to Congress. That they were finally determined by the advice of Mr. J. Donne at this time or heretofore an Officer of the State of Virginia, (and as the Committee believes) in the Indian Department; and that they promised to confide in the answer he should return them. That during the British Government the Indian Nations were accustomed to have a Commissary residing among them who made known their wants, studied their ruling passions, and became so useful and necessary to them, that he was styled the beloved Man. That by his influence it was easy to excite them to war or compose them to Peace. That he could easily preclude or expel from among them characters unfriendly to his designs. That he acted frequently as a magistrate in settling disputes among the Indians, and also among the white residents; and from his importance with both these Parties may be supposed to have been often usefully employed as a mediator between them. That he prevented Innovations on the established Trade of the Indians; and by keeping a watchful eye over their conduct, withheld them from the pursuit of
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new objects, and secured their attachment to his own cause. That such a person is peculiarly necessary at this time among the Chickesaws, they having made it an earnest request, being very importunate for supplies, particularly ammunition and clothing, being alarmed and exasperated by the menaces of mischievous Persons who threaten to take possession of their Country, and being exposed to the arts of the Spaniards and the temptations of their proferred Trade. That Captain James Colbert possesses considerable influence over the Chickesaws, Choctaws and Creeks; and although by his activity against the Spaniards during the late war he had made himself very obnoxious to them, yet they have been so sensible of his importance as to make proposals to him; that he has thought proper to decline the same, hoping to meet with a favorable reception from the Americans; that ever since the Peace, he has been principally instrumental in baffling the Spaniards in their attempts to tamper with the Chickesaws, and in preserving order and steadiness among the Indians, and promises to employ all his interest for these purposes until he shall be informed of the destiny which awaits him. That he is disposed to enter into the employment of the United States, urging "that his having served his Master faithfully ought not to be brought in evidence against him, and that he was now deserted by that Master." That should the good offices of this man be rejected, some disadvantage and danger are to be apprehended from his despair. That it will therefore be prudent to secure him to our Party by a subordinate Office in the Indian Department. That Mr. Donne who has furnished Congress with the late communications appears to have obtained a considerable insight into Indian Affairs, and from the character he seems to have sustained is worthy of the notice of Congress. That it is expedient that a Talk be
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forthwith returned by Congress in answer to the Talk lately received from five Chiefs of the Chickesaw Nation.
Whereupon the Committee have come to the following Resolutions;
[Note 1: 1 This report, in the writing of Richard Beresford, is in the Papers of the Continental Congress, No. 30, folios 219--227. The indorsement states that it was delivered April 19, 1784, and read. Thursday next assigned for its consideration. Postponed to Wednesday, December 15, 1784, and on that date referred to Mr. [Samuel] Hardy, Mr. [William] Houstown, Mr. [Jacob] Read, Mr. [Hugh] Williamson and Mr. [Samuel] Holten.
James Wilkinson's letter of January 19 also referred to this committee is in No. 78, XXIV, folio 431.]
On the question, shall this be taken into consideration the yeas and nays being required by Mr. [Jacob] Read,
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{table}
So the question was lost.
The third report called for was taken up, viz.
A report of the grand committee, consisting of Mr. [Thomas] Jefferson, Mr. [Jonathan] Blanchard, Mr. [Elbridge] Gerry, Mr. [David] Howell, Mr. [Roger] Sherman, Mr. [Charles] De Witt, Mr. [Samuel] Dick, Mr. [Edward] Hand, Mr. [Thomas] Stone, Mr. [Hugh] Williamson and Mr. [Jacob] Read, to whom was referred the motion of the delegates for Massachusetts, to revise the institution of the treasury department, and report such alterations as they may think necessary; which report is in the words following:
The Committee are of Opinion, that the United States have derived very great advantages from the arrangement and management of their finances, under the administration of the honorable Robert Morris, as Superintendant thereof: but as he has signified his resolution to retire from the said
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Office, your Committee are of Opinion, that it will be expedient to make seasonable provision for such event: And for preventing the inconveniencies that may attend the filling the said office when vacancies happen, by persons unexperienced in the business thereof, and for securing the general confidence of the states in the administration of the business of the treasury, that it will be proper to vest the authorities of the said office in a board of commissioners: and therefore the committee submit to Congress the following ordinance: Here follows the Ordinance for putting the department of finance into commission, as entered on the journal of the 27th instant.
Resolved, That a committee be appointed to prepare an Ordinance for making the necessary alterations in the arrangement of the treasury department, and for more particularly defining the powers of the Board of Treasury.1
[Note 1: 1 This report, in the writing of Jacob Read, is in the Papers of the Continental Congress, No. 31, folio 247. A copy of the resolution, in the writing of Elbridge Gerry, is on folio 2533. A draft of the report, in the writing of Roger Sherman, is on folio 253.]
A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Jacob] Read, to postpone the said report, in order to consider the proper means of securing the western posts, and protecting the Commissioners in negotiating treaties with the Indians.
And on the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Hugh] Williamson,
{table}
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So the question was lost.
Congress took into consideration the "Ordinance for putting the department of finance into commission;" and the following clause being under debate:
That each of the said commissioners shall be allowed an Annual Salary ofdollars:
A motion was made by Mr. [Jacob] Read, seconded by Mr. [Samuel] Hardy, to fill the blank with "three thousand six hundred:" And on the question to agree to this sum, the yeas and nays being required by Mr. [Arthur] Lee,
{table}
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So it passed in the negative.
A motion was made by Mr. [Hugh] Williamson, seconded by Mr. [Richard Dobbs] Spaight, to fill the blank with "two thousand nine hundred and fifty:" And on the question to agree to this, the yeas and nays being required by Mr. [Thomas] Stone,
{table}
So it was resolved in the affirmative.
On motion of Mr. [Elbridge] Gerry, seconded by Mr. [Roger] Sherman,
Resolved, That the last vote be reconsidered; and instead of two thousand nine hundred and fifty, be inserted two thousand five hundred.
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The ordinance being amended and read a second time, ordered that it be read a third time.
The Ordinance as amended, being read a third time, on the question to agree to the same, the yeas and nays being required by Mr. [Elbridge] Gerry,
{table}
So it was resolved in the Affirmative, and the Ordinance passed as follows:
An Ordinance for putting the department of finance into Commission.
Be it ordained by the United States in Congress assembled, That a board consisting of three Commissioners to be appointed by Congress, be instituted, to superintend the treasury and manage the finances of the United States, which shall be stiled, The Board of Treasury.
That the said Commissioners, or any two of them, shall have Authority to exercise all the powers vested in the
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Superintendant of finance, by the act of Congress of the seventh day of February, 1781, or by any subsequent acts.
That the said Board shall have authority to provide a convenient office, and employ as many clerks therein as they shall find necessary, reporting their names and appointments, from time to time, to Congress, or to the Committee of the States in the recess of Congress.
That the said commissioners and clerks, previous to entering on the duties of their several offices, shall take and subscribe the oath of fidelity to the United States, and also an oath to the due execution of the duties of their respective offices; certificates of which several oaths shall be filed with the Secretary of the United States in Congress assembled.
That all the books and papers pertaining to the office of finance, shall be lodged in the Office of the said Board of Treasury.
That on the tenth day of November next, or sooner, if the Superintendant of finance, agreeable to his expectation, shall quit the office, the said Board, being formed, shall proceed to business.
That each of the said commissioners shall be allowed an Annual salary of two thousand five hundred dollars.
That each clerk employed in the said office, shall receive such salary as the said Board shall allow, not exceeding five hundred dollars per annum; the said salaries to commence at the time that the said officers shall enter on the duties of their Office.
That no person to be appointed, by virtue of this Ordinance, a commissioner of the treasury of the United States, shall be permitted to be engaged, either directly or indirectly, in any trade or commerce whatsoever, on pain of forfeiting his Office as a commissioner.
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That the said commission shall continue in force for three years, unless sooner revoked by the United States in Congress assembled.1 Done, &c.
[Note 1: 1 The draft of this ordinance with the amendments as indicated on May 27 is in the Papers of the Continental Congress, No. 31, folio 247.]
Ordered, That Monday next be assigned for appointing commissioners to constitute the Board of Treasury.
The Committee [Mr. Elbridge Gerry, Mr. Francis Dana and Mr. David Howell] to whom was referred a letter from the Superintendant of Finance of the 19th instant, enclosing an extract of a letter of the 9th of March last from the Marquis de la Fayette, and the copy of a letter of the 8th of March to the Marquis from Monsieur de Colonne submit the following report.
Resolved, That a copy of the letters abovementioned and of one of the 16th. of April last from the Superintendant of Finance, with a copy of all the papers mentioned therein, and of the proceedings of Congress thereon, the 3st inst, be transmitted to Messrs. Adams, Franklin and Jefferson, to assist them in their Commercial Negotiations.2
[Note 2: 2 This report, in the writing of Elbridge Gerry, is in the Papers of the Continental Congress, No. 19, IV, folio 435. The indorsement states that it was read on this day. The letter of the Superintendent of Finance is in No. 137, III, folio 639.]
The Committee of the week [Mr. Richard Beresford, Mr. John Stevens and Mr. John Montgomery] report that the petition of agreed to. Florat de Florimont late a Captain in the Continental Service but not in the line of any State praying that he may be allowed commutation for half pay lie on the table.
On the petition of Benjn. Bird praying a renewal of sundry loan office certificates issued by Nathl. Appleton Commissioner of the loan office in the State of Massachusetts bearing date of 27th of April, not agreed to. 1778, as it appears by the said Appleton's certificate dated 3d May, 1784, and that on the 27th April, 1778; the said Benjamin lost the said certificates wish sundry other papers and altho' he did advertise them in sundry newspapers, he has not recovered them, the Committee offer the following resolve.
Resolved,That the Superintendant of Finance be directed to take order agreeable to a resolve of Congress passed the 10th day of May 1780.3
[Note 3: 3 This report, in the writing of -- is in the Papers of the Continental Congress, No. 32, folio 561. The indorsement states thai it was made on this day.]
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The Committee of the week [Mr. Richard Beresford, Mr. John Stevens and Mr. John Montgomery] to whom was referred a petition of Nathan Fuller late Major in a regiment of the United States commanded by William Bond, Esq., deceased, praying that the said regiment may receive pay and back rations, notwithstanding the resolve of Congress, which directed that all claims up to the last day of December, 1776, should not be allowed, unless exhibited before the first of June 1779, and urging that the deaths of the Colonel and Lieut. Colonel of the Regiment and the consequent derangement of their papers and the supposition that the accounts had been settled and the money lost at the fall of Col. Alden in action, had prevented an earlier application, Report
That the said petition be read in Congress.1
[Note 1: 1 This report, in the writing of Richard Beresford, is in the Papers of the Continental Congress, No. 32, folio 565. The indorsement indicates that it was made May --, 1784.]
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