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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 --WEDNESDAY, JUNE 28, 1786.
Congress assembled. Present, as yesterday.
The commissioner for settling the Accounts of the hospital, cloathing and marine departments, to whom was referred a memorial of Dr. Robert Johnston, having reported thereon, and the report being amended to read as follows:
That in the adjustment of the Accounts of Robert Johnston, the Commissioner for settling the hospital accounts, &c. be directed to examine strictly into the propriety of all extra expences incurred in executing his duties, and where it shall appear that such expenses were necessarily and unavoidably incurred, and that the subsistence allowed was not adequate thereto, the surplus be allowed. That, as it appears from the deposition of the said Dr. Robert Johnston, that the sum of money and certificates stated in his Memorial, were public Monies stolen from him, without any negligence on his part, and that the balance of money remaining in his hands has not been applied to any use since it came into his possession, the commissioner for settling the accounts of the hospital department, be directed to pass the amount of those sums to his credit, on his returning to the Commissioner the said balance and a list of the certificates so stolen.
And the said report, thus amended, having been yesterday referred to the said Commissioner to take order,
A motion was this day made by Mr. [James] Monroe, seconded by Mr. [Rufus] King, to reconsider the resolution passed yesterday for referring the said report to the Commissioner to take Order: And on the question for reconsidering; the yeas and nays being required by Mr. [James] Monroe,
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So the question was lost.
On Motion of Mr. [Henry] Lee, seconded by Mr. [Pierse] Long,
Resolved, That tuesday next, being the Anniversary of the declaration of Independence, there shall be a public Levee at the President's house, from the hours of twelve to two, to receive the ordinary congratulations, and that the Secretary of Congress take Order for due communication thereof.1
[Note 1: 1 This motion, in the writing of Henry Lee, is in the Papers of the Continental Congress, No. 23, folio 299. A letter dated June 29, from Charles Thomson to the Secretary for Foreign Affairs requesting him to inform the foreign ministers of the fact is in No. 55, folio 307.]
The committee consisting of Mr [Charles] Pinckney, Mr. [James] Monroe and Mr. [Rufus] King appointed to form an Ordinance for the compleat arrangement and government of the Indian Department submit the following to the consideration of Congress:
An Ordinance for regulating the Indian Department--
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Whereas the safety and tranquility of the frontiers of the United States do in some measure depend on the maintaining a good correspondence between the Citizens and the several Nations of Indians in amity with them:
Be it Ordained by the United States in Congress assembled that from and after the passing of this Ordinance the Indian department be divided into three districts Viz. the Northern which shall comprehend the Six Nations and all others residing South East of Lake Erie within the limits of United States, from french Creek a branch of the Ohio on the west to the Susquehannah on the South.
The Western or middle department which shall comprehend the Nations within the limits of the United States, Northwest of the Ohio, west to the Mississippi.
The Southern which shall include all the Nations South of the Ohio within the limits of the United States to the Mississippi also.
That a Superintendant be appointed for each of the said districts who shall reside on the frontier, and as near the district for which he shall be so appointed as may be convenient to the management of its concerns.
That it be their duty to superintend the political conduct of the Nations over whom they are placed, to make themselves acquainted with their most secret Councils, to counteract & prevent as far as they can, all measures which they may attempt to the prejudice or annoyance of the inhabitants of the frontiers; to discourage all combinations of Indians, and persuade the several tribes to keep and act as much independent of each other as possible; to promote hunting and discourage war and if war should be Necessary at any time or unavoidable to give it such direction as to keep it at a distance from the Citizens of the United States, and employed against proper objects--to advise the tribes to the establishment of some kind of order or police, and to punish among themselves all such as disturb and injure the Citizens of the United States. To ingratiate themselves with the Chiefs, and people generally so as to obtain their confidence and respect.
They shall superintend such regulations as Congress shall from time to time establish respecting the Indian trade. They shall have Authority to place deputies among the several tribes and to remove all or either of them for misbehavior. To grant licenses to the traders, to regulate the advance on Articles of the first Necessity such as
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powder, lead, shrouds, blankets, coarse cloathing and tools for husbandry, and to prohibit in times of Scarcity of provisions the sale or use of all spirituous liquors.
All communications respecting the said departments shall in the first instance be made to the said Superintendants and in case of murder, robbery or any Capital crime being committed by an Indian or Indians, and on a demand being made to the tribe to which he or they may belong they shall refuse to surrender him or them to justice, on such refusal the superintendant of the district, shall and he is hereby empowered to require the Officer in command at the nearest post of the United States to detach such troops under proper Officers from the nearest garrison or Garrisons as may be necessary to seize the person or persons of the agressors or to punish the offenders or offending tribe in case of resistance.
There shall be regular communications of all matters relative to the business of the Indian departments kept up between the said superintendants, and from each to Congress, or such Officer as Congress may direct them to communicate to. All stores, provisions or other property which Congress may think necessary for the support of or for presents to the Indians, shall be in the custody and under the care of the said Superintendants who shall be obliged to render an annual account of the expenditures of the same; and the said superintendant shall once in everyvisit the Nations over whom they may respectively have charge;
And be it further ordained that none but Citizens of the United States shall be suffered to reside among the Indian Nations, or be allowed to trade with any nation of Indians within the territory of the United States.
That no person, Citizen or other shall reside among or trade with any Indian or Indian Nation within the Territory of the United States without a licence for that purpose first obtained from the superintendant of the district under the penaltyof for which licence he shall pay the sum ofdollars to the said Superintendant for the use of the United States,
That no licence to trade with the Indians shall be granted to any but Citizens of the United States or shall permits or passports be granted to any other persons than Citizens of the United States to travel through the Indian Nations, without their having previously made their business known to the superintendant of the district and received his special approbation.
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That previous to any person or persons obtaining a licence to trade as aforesaid he shall give bond and Security to the superintendant of the district for the use of the United States for his or their strict adherence to and observance of such rules and regulations as Congress may from time to time establish for the government of the Indian trade.
That no person or persons shall open goods for sale or dispose of goods to any Indian or in any Indian Village or hunting Camp or other place than the post or place than the post or place mentioned in his or their licence except to purchase provision, provender for horses, or to obtain such other Assistance as may be necessary in passing to or from the place or places assigned for him or them to trade at.
That no trader or other person for him shall give or sell Spiritous Liquor to any Indian or Indians at any Garrison or post of trade, in such quantity as to intoxicate them while there, nor shall any trader or person for him deliver liquor purchased by an Indian within miles of a Garrison or post of trade.
Any trader or other person employed by a trader, treating an Indian in an unjust manner shall on due proof thereof being made before the superintendant be deprived of his licence or fined by the judgement of the said Superintendant according to the nature of his Offence in any sum not exceedingnot dollars. All sums to be received by the said superintendants either for licences or fines, shall be annually accounted for by them and they shall each of them be entitled to receivedollars per annum salary in full of their services and be obliged to give bond with security to the Commissioner of the Treasury in trust for the United States in the sum offor the faithful discharge of the duties of their Office.
All traders, assistants and labourers by them employed shall give information to the Commanding Officer of the nearest post or toof any appearance which may come to his or their knowledge, of war, or of any injury intended to the Citizens of the United States, also of any person trading or passing through the Indian Country with or without a pass or permit who may be found tampering with the Indians or advising them to any Act or measure prejudicial to the Interest of the United States, and in case of a rupture with the Indians, or intended attack on any of the Garrisons or posts of trade, all traders, assistants, or their labourers shall be obliged to perform Military duty in defence of said Garrison or posts until relieved, for which service the United States shall furnish them with rations of
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provisions in the same proportion as the Troops of the United States, and pay in the grade or Character of service which they perform for the full time they may be necessarily engaged.
And be it further Ordained that all Officers civil and Military acting under the authority of the United States are hereby required to be aiding and assisting in the execution of this Ordinance which shall in all Courts instituted under the authority aforesaid be taken and allowed as a public Act, and all Judges and Justices shall take Notice of it without special pleading.
And it is hereby recommended to the several States of North Carolina, South Carolina and Georgia to pass Legislative Acts in conformity therewith and for the trial and punishment of any person or persons who may be found Violating the same in the Southern district, the superintendant for which shall from time to time correspond with the executives of the said States touching the business of his Department.1
[Note 1: 1 This report, in the writing of Henry Remsen, Jr., is in the Papers of the Continental Congress, No. 56, folio 469. According to indorsement it was read June 28 and "Thursday July 6th. assigned; Read 2d. time 24 July, 1786; Wednesday next assigned for 3d. reading." It was printed for consideration after June 28. Copies are on folios 483 and 487. Various amendments offered, mostly in the writing of Charles Pinckney, are on folios 468, 477, 479, 481. See post, July 24.
June 28: The memorial of Chevallie and the letter of June 24 from John Pierce, were referred to the Board of Treasury. See ante, June 27.
The petition of Duncan Campbell was referred to the Commissioner of Army Accounts to report. He reported September 4. See ante, June 27.
"A Memorial of maj. genl. Putnam to be allowed for money he advanced to the Officers of Georgia battalion and for his pay and rations from Jany. to 1 Aug. 1780" was referred to the Commissioner of Army Accounts to report and reported on May 2, 1787. The memorial, dated June 10, is in No. 41, VIII, folio 212. According to indorsement it was acted on October 1, 1787.
" Meml. of William Stuart and Palmer Cady late officers of Hazen's regiment to be settled with as captains" was referred to the Commissioner of Army Accounts to report and reported on October 5. The memorial, dated June 26, is in No. 41, IX, folio 387.
Committee Book No. 190.]
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