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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 18, 1785.
Congress assembled. Present, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, Maryland, Virginia and North Carolina; and from Massachusetts, Mr. [Samuel] Holten, and from Delaware, Mr. [Gunning] Bedford.
The report of a comee., consisting of Mr. [William Samuel] Johnson, Mr. [James] M'Henry, Mr. [David] Howell, Mr. [James] Monroe and Mr. [Hugh] Williamson, to whom were referred a letter and sundry papers from the Commissioners for negotiating treaties with the Indians, pursuant to the Act of the 15 October, 1783, having been yesterday debated and amended to read as follows:
"That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twightwees, Piankishaw and other western nations, a treaty be held with the said Indians
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at post Vincent, on the Wabash river, on the 20th day of June, 1785, or at such time or place as the commissioners may find more convenient. That 18,429 pounds weight of beef, 21,047 lb. of flour, and salt in proportion, in addition to the rations now in use at Fort McIntosh, will be necessary for the said treaty; and that the Commissioners of the treasury take order to furnish the same by contract. That the commissioners for holding the aforesaid treaty, purchase such goods as they may judge necessary, in addition to the goods in store at Fort Mcintosh, to an amount not exceeding three thousand dollars; and that they be empowered to draw out of the public Magazines, if they think proper, such a quantity of powder as they may find necessary for the purposes of the treaty."
That the commissioners of the treasury take order to advance to the Commissioners aforesaid, the sum of three thousand dollars, for which they are to account. That the troops at the Western posts, or so many of them as may be required, be subject to the Order of the aforesaid commissioners for holding the treaty, during the time of the said treaty.
And a Motion having been made by Mr. R[obert] R. Livingston, seconded by Mr. [William Samuel] Johnson, to refer the same to the Comee., to whom was referred an Ordinance ascertaining the Mode of locating lands, and when the question was about to be put, the determination thereof being postponed by the state of Rhode Island;
The question to agree to the motion for committing was now put, the yeas and nays being required by Mr. [James] McHenry,
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So it passed in the negative.
Ordered, That the further Consideration of the report be for the present postponed.
Congress took into consideration the following report of a comee., consisting of1 Mr. [David] Howell, Mr. [James] Monroe, Mr. [Charles] Pinckney, Mr. R. R. Livingston and Mr. [Joseph] Gardner, appointed to revise the institution of the Office of the Secretary of Congress, and to report such Alterations as they may judge necessary.
[Note 1: 1 From this point the entries are in the writing of Benjamin Bankson.]
An Ordinance for the regulation of the Office of Secretary of Congress, and for extending it to the Home Department.
Be it Ordained by the United States in Congress Assembled, That the Secretary of Congress shall also in future be charged with the business of the Home Department, and shall keep his Office in or near the State-house or building where the sessions of Congress shall be holden.
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He shall carefully preserve the Journals of Congress, and all other papers committed to his charge; and such as are secret in their nature, or by special order, shall not be communicated by him to any person, except members of Congress, and such persons as may be entitled thereto by special resolutions.
He shall not deliver any original Journal, letter or paper out of his Office, without an order of Congress, and a receipt therefor.
He shall deliver attested Copies of any resolutions of Congress, or public papers in his Office, not secret in their nature, or by special order, to any members of Congress who may require the same in writing.
He shall transmit to the Secretary for Foreign Affairs, to the Secretary for the War department, to the Secretary of Marine, to the Commissioners of the Board of Treasury, and to the post-master General, all papers referred to them by Congress respectively, as well as an authenticated Copy of all Acts, Ordinances and resolutions of Congress, touching their respective departments.
He shall keep a daily account of all memorials, Petitions and Communications received by Congress, noting therein their object, and the steps taken respecting them; and lay the said account or register every day on the table in Congress, for the inspection of the Members.
He shall return such answers as Congress shall direct to be given to the memorials, petitions and communications, except where Congress shall judge it proper, that the same be given by their President, or where it shall be the duty of any of the executive departments to return such answer.
He shall transmit to the several States, all Acts, Ordinances, resolutions and recommendations of Congress; attend to the execution of them; correspond with the States, and receive communications from them, touching the same, and make report thereof to Congress; keeping a book in which shall be entered copies of all such Letters and communications.
He shall attend Congress during their session, and, in their recess, the Committee of the States, either in person or by his deputy; read the public despatches, Acts, Ordinances and reports of Committees, and make the proper entries on the Journals.
He shall authenticate all Acts and proceedings of Congress not specially directed to be authenticated by their President; and keep a register of all treaties, conventions, Ordinances and permanent Acts of Congress.
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He shall cause to be made and laid upon the table, for every State represented in Congress, and for every member appearing for any State unrepresented, a copy of every Ordinance, or report upon a matter of importance and not of a secret nature, for the consideration of which a day is assigned.
He shall keep the great seal of the foeederal Union, and cause the same to be affixed to every Act, Ordinance or paper Congress shall direct. He shall superintend the Printing of the Journals, and other publications ordered by Congress.
He shall keep a book, in which shall be noted in Columns, the names of the several Members of Congress, the State which they represent, the date of their Appointment, and the term for which they are appointed.
Be it also Ordained, That the salary of the Secretary of Congress and for the home department shall bedollars per annum. That a deputy Secretary in his Office shall be appointed by Congress, and allowed a salary ofdollars per annum. That he be also authorised to appoint an under Secretary in his Office, who shall be allowed a Salary ofdollars per annum, and such a number of Clerks as Congress may, from time to time, direct, each with an allowance ofdollars per annum. That as well the Secretary of Congress and for the home department, as the deputy Secretary, under Secretary and Clerks, previous to their entering on the duties of their respective Appointments, shall take and subscribe the Oaths or Affirmations of fidelity and of Office, prescribed in an Ordinance passed on the 28th day of May, 1784; which Oaths shall be taken by the said Secretary before the president of Congress. And that all former resolutions for regulating the Office of the Secretary of Congress, be, and they are hereby repealed.1
[Note 1: 1 The February 25 report of the committee was printed and, probably, it was the broadside that was considered on this day. This broadside is in the Papers of the Continental Congress, No. 31, folio 279. See post, March 31.]
2After some debate, a Motion was made by Mr. [Charles] Pinckney, seconded by Mr. [William] Houstoun, in the following words:
[Note 2: 2 At this point Thomson resumes the entries.]
"That the Ordinance now under debate be committed, for the purpose of ascertaining the duties of the secretary of
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Congress, and for reporting their opinions upon the propriety of creating a secretary for the home department."
A division being called for, and on the question to agree to the first clause, as far as the word "Congress" inclusive; the yeas and nays being required by Mr. [Charles] Pinckney,
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So it passed in the negative.
On the question to agree to the second clause, the yeas and nays being required by Mr. [Charles] Pinckney,
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So it passed in the negative.
Ordered, That the farther consideration of the Ordinance be postponed till tuesday next.
Congress resumed the Consideration of the report of the Committee on the letters and papers from the Commissioners for negotiating treaties with the Indians, pursuant to the Act of the 15 of October, 1783.
A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [John] Bull, that the farther consideration thereof be postponed till thursday next.
And on the question for postponing, the yeas and nays being required by Mr. [Charles] Pinckney,
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So it passed in the negative.
On the question to agree to the report as amended, the yeas and nays being required by Mr. [Charles] Pinckney,
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So it was Resolved, That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twightwee, Piankishaw and other western nations, a treaty be held with the said Indians at post Vincent, on the Wabash river, on the 20th day of June, 1785, or at such other time or place as the Commissioners may find more convenient.
That 18,429 pounds weight of beef, 21,047 pounds of flour, and salt in proportion, in addition to the rations now in use at fort McIntosh, will be necessary for the said treaty; and that the Commissioners of the treasury take Order to furnish the same by contract.
That the Commissioners for holdg the aforesaid treaty, purchase and cause to be transported, such goods as they may judge necessary in addition to the goods in store at fort McIntosh, to an Amount not exceeding three thousand dollars, and that they be empowered to draw out of th public Magazines, if they think proper, such a quantity of powder as they may find necessary for the purposes of the treaty.
That the Commissioners of the treasury take Order to advance to the Commissioners aforesaid, the sum of three thousand dollars, for which they are to account, in addition to the amount of the goods to be purchased as aforesaid.
That the troops at the western posts, or so many of them as may be required, be subject to the order of the aforesaid
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Commissioners for holding the treaty, during the time of the said treaty.1
[Note 1: 1 On this day, according to Committee Book No. 190, the committee, renewed on March 14, on J. Davidson, the case of the sloop Chester and the representation of the Minister of the Netherlands, was discharged and the business referred to the Secretary for Foreign Affairs, who reported July 24, 1786.]
On the report of a committee, consisting of Mr. [Archibald] Stewart, Mr. [William] Hindman and Mr. [Abiel] Foster, to whom was referred a petition of lieut. Colonel Lewis Atayataghronghta,
Resolved, That the president issue his warrant to the treasurer of the United States, in favour of lieut. Colonel Lewis Atayataghronghta, for the amount of his certificate, dated Novr. 4 1783, for 366 dollars, together with the interest thereon arising to this 18 day of March, 1785.
A letter, of 23 feby, from G. Wythe, esqr. and one of 27 Feby from Thomas Johnson, esqr. were read, informing that they have severally received the official notice of their Appointment as judges of the court for hearing and determining the Controversy between the states of Massachusetts and New York, and that they accept the appointment.2
[Note 2: 2 From this point the proceedings for the day were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.
Johnson's letter is in No. 78, XIII, folio 333.
On this day, as the indorsement states, was read a letter of March 3 from Robert H. Harrison declining to serve as a judge in the controversy between Massachusetts and New York. It is in the Papers of the Continental Congress, No. 78, XII, folio 385.
Wythe's letter is in No. 78, XXIV, folio 503.]
The Secretary for Foreign Affairs, to whom was referred a Letter from the Lieut. Governor of Massachusetts of the 24th of February last, together with the papers that came enclosed respecting the arrest and imprisonment of Jonas Hartwell, of that Commonwealth, by the inquisition in Spain, having reported, and the report being amended to read as follows:
That Copies of the said papers should be transmitted to the Chargé des Affaires of the United States at the
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Court of Madrid; that he be instructed to enquire diligently into the truth of the facts stated in them; and in case he shall have good reason to think that Mr. Hartwell continues imprisoned for the causes assigned in the said papers, that then he make such representations to the Minister as the nature of the case and the accustomed practice on similar occasions may render adviseable: That he also be informed that Congress cannot object to Mr. Hartwell's being tried and treated agreeable to the laws of the Country, for crimes committed there, and that if his imprisonment is in consequence of his having violated them, they apply for his liberation not as a matter of right but of favour:
Ordered, That it be recommended to the Secretary for Foreign Affairs to take order.
N. B. The Obligation of secrecy is taken off so far as that a Copy of the foregoing instruction may be communicated to the Father of Mr. Jonas Hartwell, by the Delegates of Massachusetts.1
[Note 1: 1 This report, order and note is entered only in Secret Journal, Foreign Affairs, No. 5.
Committee Book No. 191 states that on March 20, 1785, the report on the petitions of Frederick Weissenfels and John Logan, was postponed. The report itself is so indorsed. See ante, February 3.]
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