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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 --THURSDAY, JULY 13, 1786.
Congress assembled. Present as yesterday.
On a letter of the 12, from the board of treasury,
Ordered, That the board of treasury take Order to advance to the person engaged by the late Indian Commissioners for the northern and middle departments, to invite certain chiefs of the Western Indians to attend the geographer of the United States, in the survey of the Western territory, as much money as may be necessary for his service and expences.2
[Note 2: 2 This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 273. According to indorsement it was made this day. It provided also "that the Board of Treasury take order to advance such monies as may be necessary to enable the messenger appointed by the late Indian Commissioners to proceed"; but this was not adopted.]
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Board of Treasury,
July 12th., 1786.
Sir: We observe by a Resolve of Congress of the 30th. June last, which has been Communicated to the Board by the Commissioners of Indian Affairs that these Gentlemen are directed "to take Immediate Measures for Communicating to the Several Western Indian Tribes with whom they have treated, that the Surveyors of the United States are out on the Business of Surveying the Western Country, and that agreeably to the Stipulations of those Tribes, the Commissioners call on them to meet and Assist the Surveyors in the Execution of this Business."
In Consequence of this Order the Commissioners of Indian Affairs have applied to this Board for Pay, or Presents to the Chiefs and Indians, who may attend the Surveyors, and for sufficient Sums to defray the Expence of an Express to the Westward. Previous to this Application the Board in Consequence of an Application from Mr Hutchins the Surveyor General, advanced the Sum of Four hundred and Fifty-nine Dollars, to defray the Expence of Indians to attend the Surveyors, and Three hundred Dollars on Accst. of Contingencies. As we presume Congress were not acquainted with this Measure at the Time they past the Resolution we have mention'd, we Esteem it our Duty to make this Communication previous to our taking any Steps in Consequence of the Application made to us. Exclusive of the above Sums it may be proper to observe that the Sum of Two hundred and Seventy-four Dollars which has been advanced for Provisions to the Indians; so that the whole Advance made for this Object is One thousand, and thirty-three Dollars.
We have the Honor etc.1
[Note 1: 1 This letter, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 140, II, folio 245. According to indorsement it was read July 13.]
His Excelly.
The President of Congress.
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Office of Secretary of Congress,
July 13, 1786.
On the letter of Messrs. Schweighauser & Dobre stating their claims for advances on accot. of the frigate Alliance and praying for payment,
The Secretary of Congress reports That the letter Agreed to July 13. of 26 September, 1785, from Schweighauser & Dobree be referred to the board of treasury.
On the memorial of Joseph Hubley stating his services as assistant commissary of prisoners at Lancaster and praying for a compensation for his services
The Secy. of Congress reports That it the Memorial Agreed to July 13. of Joseph Hubley be referred to the board of treasury to report.1
[Note 1: 1 These proceedings are entered in Reports of the Secretary of Congress No. 180 and also in Committee Book No. 190, where it is noted that a report on Schweighauser & Dobree was rendered Octover 16, 1786, and on Hubley on July 18, 1788, and acted on July 22. Hubley's memorial is in No. 41, IV, folio 350.]
Office for Foreign Affairs,
12th. July 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Note of the 30th Day of June last from the Encargado de Negocios of his Catholic Majesty, Reports:
That in his Opinion it should be--
Resolved, That the United States are sincerely disposed to conduct their Negociations with his Catholic Majesty with the greatest Candor and good Humour, and if possible to terminate them by such a Treaty as may preserve and perpetuate the Peace and Friendship which happily subsists between him and them, and between his Subjects and their Citizens.
Resolved, therefore that unless all Questions relative to the true Boundaries of Florida shall (as they hope will be the Case) be settled by mutual Agreement, the United States will chearfully consent and be ready to refer the same to the Ultimate Decision of three or more impartial Commissioners. And as it is their earnest Wish and Desire that these Negociations and Proceedings may be carried on in the most friendly Manner, and may not be interrupted or impeded by any offencive or irretating Measures on either Side. It is further
Resolved, That a Copy of the above mentioned Note be transmitted by the Secretary for foreign Affairs to the Governor of the State of
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Georgia; and that he be informed that Congress have received with Regret repeated Complaints of the Conduct of Some People in that State towards the Spaniards and that they desire and expect that such Measures will be immediately taken as may prevent the like in future.
Resolved, That the State of Georgia be further informed that the Liberality and Friendship of his Catholic Majesty, manifested in many recent Instances, towards the United States, leave no Room to apprehend that he wishes to adhere to any Claims of Territory which on Examination may appear ill founded, or to extend his Dominion at the Expence of that Justice and Magnanimity for which he is signalized. That as the United States, however tenacious of, and determined to assert their just Rights, have full confidence in the Integrity, and set a high Value on the Friendship of his Catholic Majesty, they are exceedingly anxious to evince the Reality of these Sentiments by a correspondent Conduct, and to restrain and punish all such Excesses of rash and inconsiderate Adventurers, as may give just Cause of Umbrage to the spanish Government.
Ordered, That a Copy of the aforegoing Resolutions be given to the said Encargado de Negocios.
All which is Submitted to the Wisdom of Congress.
John Jay.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 80, II, folio 119. According to indorsement it was read July 13. See post, July 17.]
The Secretary of the United States for the department of war to whom was referred sundry papers relative to Scotosh a Wiandot warrior, Reports:
That Scotosh nephew and adopted son of the half king of the Wiandots residing at Sandusky is a young warrior of a good reputation. That he was left as an hostage for the performance of the treaty of Fort McIntosh and honorably remained as such until the articles stipulated for were performed. He expresses a strong desire to speak to Congress and has delivered the inclosed speech to Richard Butler Esquire one of the commissioners of Indian affairs. He is accompanied by a Mr. -- a Canadian as interpreter. This person has resided a long time at and near Detroit as an indian trader a man whose attachment to the interests of the United States may be reasonably doubted. He says he is married, to the widow of the late Captain White-Eyes of the Delaware tribe who is of this party.
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The interpreter intimates that Scotosh expresses a strong desire to visit France, but that he has no money for that purpose. On this intimation your secretary remarks that it is highly probable the interpreter may have created this desire with a view to accomplish his own pecuniary or other designs by means of the indians.
That however consistent it may be with a general system of policy towards the indians to gratify their reasonable wishes on all occasions yet the influence and importance of characters must always be considered with regard to the proportion of expences to be incurred.
That if a character could be found among the indians of firm attachment to the United States and whose political influence among the various tribes would form a full counterbalance to the influence of Brandt in favor of Great Britain it might be a wise measure to countenance the visit of such a Character to France.
That whatever may be the future influence of Scotosh he is not at present in the situation as a simple warrior to warrant the expenditure of any such sums of money as would necessarily be expended in supporting three persons in an excursion to Europe. But your Secretary humbly submits to your consideration whether it would not be proper for Congress to grant Scotosh an Audience, some presents and deliver him a message of such a nature to his Father, as would require his delivering it himself. The immediate return of this party is a circumstance of some consideration as they have four horses at Princeton, the expences of which together with their own daily expences in this city, they expect will be defrayed by the United States.
H. Knox.1
[Note 1: 1 This report is in the Papers of the Continental Congress, No. 151, folio 191. According to indorsement it was referred this day to Mr. [John Cleves] Symmes, Mr. [Henry] Lee and Mr. [Rufus] King and acted on July 24.]
War Office, July 13, 1786.
The Committee [consisting of Mr. James Monroe, Mr. William Samuel Johnson, Mr. Rufus King, Mr. John Kean and Mr. Charles Pinckney] to whom a Motion of Mr. Dane was referred for considering and reporting the FORM of a TEMPORARY GOVERNMENT for the WESTERN STATES, Beg leave to Report:
It being stipulated by the State of Virginia in her act of cession to the United States, that the territory thus ceded be laid into states of certain dimensions, and admitted into the confederacy with the rights of the thirteen original states, it becomes necessary, that Congress
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should take such measures as shall be best calculated to carry the said condition into effect; this can be done only by promoting its settlement and securing to its settlers and others who may purchase the soil, the rights of property, and of personal safety, with the conditions upon which they shall ultimately obtain that important privilege. The committee therefore think it the duty of Congress to adopt and publish previous to the sale of any part of the said territory, the plan of a temporary government for said State or States, with the period at which it shall expire, and they assume their form and equal station in the confederacy.
They are aware of the propriety of defining in the first instance the bounds of the States within which such government shall apply; but as Congress did on theday ofrecommend it to the said states to revise their acts of cession, as to the said condition which respects their dimensions, so as to enable the United States to make such division of the same as therein described, it would, in their opinion, be improper to make any further arrangements respecting it, until the fate of the said recommendation shall be determined, it is however to be understood, that if the reasons urged for the proposed alteration, shall be satisfactory, and the states accede to it, the states as therein designated, shall be perpetual. But if on the contrary, they should adhere to the said condition, however unfortunate it may be in its consequences, the states must be contracted to an extent of territory conformable to the condition as it now stands; leaving therefore this point to be determined by this event, the committe beg leave to submit the following plan of temporary government for such state or states:
The PLAN of a TEMPORARY GOVERNMENT for such Districts as shall be laid out by the United States, upon the principles of the acts of cession from individual states, and admitted into the confederacy.
The United States in Congress assembled will appoint a governor, whose commission shall continue in force for the term of three years unless sooner revoked by Congress.
There shall be appointed by Congress from time to time a Secretary whose Commission shall continue in force for 2 years unless sooner revoked by Congress. It shall be his duty to keep and preserve the Acts and laws passed by the genl. Assembly and public records of the district and of the proceedings of the governor in his executive department and transmit an Authentic copy thereof every 3 months to the Secy. of Congress.
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There shall also be appointed a Court, to consist of five judges, who shall have a common law and chancery jurisdiction, and whose commissions shall continue in force during good behaviour.
The Governor for the time being, shall be commander in chief of the militia and appoint all officers in the same, below the rank of general Officers; all officers above that rank shall be appointed by Congress; and all officers of every rank and degree, shall be commissioned by Congress.
Previous to the organization of the general Assembly, the governor shall appoint such Magistrates and other civil officers in each county or township as he shall find necessary for the preservation of peace and good order in the same. After the general Assembly shall be organized the number of Magistrates and other civil Officers with their powers, duties and terms of service shall be regulated and defined by the said Assembly, But all majestrates and other civil Officers not herein otherwise directed shall during the continuance of this temporary government, be appointed by the governor.
The governor shall as soon as may be proceed to lay out the land into counties, townships, subject however to such alterations as may thereafter be made by the legislature.
So soon as there shall be 500 free male inhabitants of full age within the said district upon giving due proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, as aforesaid, to represent them in general assembly; provided that for every 50 free male inhabitants, there shall be one representative and so on progressively with the number of free male inhabitants shall be the right of representation increased; until the number of representatives amount to 20 after which the number and proportion of representatives shall be regulated by the legislature; provided, that no person shall be eligible, or qualified to act as a representative unless he shall be a citizen of one of the United States, or have resided within such district three years, and shall likewise hold in his own right in fee simple 200 acres of land within the same; provided also that a free hold or life estate, in fifty acres of land, if a citizen of any of the United States, and one year's residence, if a foreigner, in addition shall be necessary to qualify a man as elector for the said representative.
The representatives thus elected shall serve for the term of one year, and in cases of death, resignation or renunciation of Office, the governor shall issue a writ to the county or township for which
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he was a member, to elect another in his stead, to serve for the residue of the time
The general assembly shall consist of the governor, a legislative council to consist of 5 members any three of whom to be a quorum, to be appointed by the United States in Congress assembled and to continue in Office during pleasure, and a house of representatives who shall have a legislative authority complete in all cases for the good government of the district.
All money bills, shall originate in the house of Representatives, and all other bills indifferently either in the Council or house of Representatives, and having passed by a majority in both houses, shall be referred to the governor for his assent; after obtaining which, they shall be complete and valid; but no bill, resolution, ordinance or legislative act whatever, shall be valid or of any force without his assent.
The Governor shall have power to convene or prorogue the general assembly at their request, or when in his opinion it shall be expedient.
The said inhabitants or settlers shall be subject to pay a part of the federal debts contracted or to be contracted, and to bear a proportional part of the burdens of the government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states.
The annual salary of the governor, shall be , that of a member of council , of the Secretary , of a judge of the court
The board of treasury shall devise and report the most equal and effectual means of assessing upon the said district annually, such sums as shall be necessary to defray the expenses of its government until the organization of the general assembly, after which such general assembly shall have full authority for the purpose.
The object for which this temporary government is instituted, being to protect the persons and rights of those who may settle within such districts in the infancy of their settlement, the United States look forward with equal anxiety to the period at which it shall cease and they be admitted, agreeably to the condition of the acts of cession, into the confederacy. This shall be the case so soon as they shall respectively obtain a common interest in its affairs, with such mature age and strength as to be able to act for themselves, the highest and most satisfactory evidence of which is, the number of inhabitants they will contain; it is therefore hereby declared by the
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United States in Congress assembled, that so soon as any of the said districts shall contain an equal number of free male inhabitants, with the least numerous of the thirteen original States for the tune being, upon giving due proof thereof to Congress, the inhabitants of such district shall receive from them authority to elect representatives meet in convention, at the metropolis or seat of government of said district, to form a free constitution of their own, appoint delegates to the Congress of the United States, who shall be received in the same, upon an equal footing with the thirteen original states, having the same rights of freedom, sovereignty and independence as the said states.
Resolved, That the resolutions of the 23d. of April, 1784, in the following words viz [here insert the resolution] be and they are hereby repealed.1
[Note 1: 1 This report, in broadside form, is in the Papers of the Continental Congress, No. 30, folio 93. As printed, it is the report of May 10; it is changed, in the writing of Charles Thomson, to conform to the amendments of July 13 and in this altered form was recommitted to Mr. [James] Monroe, Mr. [William Samuel] Johnson, Mr. [Rufus] King, Mr. [John] Kean and Mr. [Charles] Pinckney. See post, July 19. In No. 36, III, folios 275--281, are four motions which, according to Roger Alden's indorsement on the first, seem to have been offered on July 13 or an approximate date. They are:
"Provided that no act of the said General Assembly shall be construed to affect any Lands the property of the U.S. and provided farther that the lands of nonresident Proprietors shall in no instance be taxed higher than the unimproved lands of Residents." This motion, in the writing of Rufus King, is in the Papers of the Continental Congress, No. 36, III, folio 275. It is undated, but indorsed by Roger Alden "Motions July --, 1786, respecting the temporary government of western territory."
"previous to the organization of the general assembly the Governor shall appoint such civil officers and majistrates in each county or township as he shall find necessary, for the preservation of peace and good order in the same; after the general assembly shall be organized the number of civil majistrates and other officers, with their powers, duties, and terms of service shall be regulated and defined by the said assembly, but all civil officers and majistrates during the continuance of this temporary government not herein otherwise directed shall be appointed by the Governor." This motion, in the writing of James Monroe, is in the Papers of the Continental Congress, No. 36, III, folio 277.
"and appoint all officers in the same below the rank of general officers." This motion, or amendment, in the writing of Charles Pinckney, is in the Papers of the Continental Congress, No. 36, III, folio 279.
"There shall be appointed by Congress from time to time a Secretary to the and Council whose Commission shall continue in force two years, unless sooner revoked by Congress. It shall be his duty to keep and preserve the acts and laws passed by the General Assembly and public records of the district and of the proceedings of the Governor in his executive Department and transmit an authentic copy thereof every three months to the Secretary of Congress; if disapproved of by Congress within six months, after the same shall be received by their Secretary the same shall become void." This motion, in an unknown hand, is in the Papers of the Continental Congress, No. 36, III, folio 281.
Also, according to Committee Book No. 190, the memorial of Reverend Robert Smith for commutation, was referred to the Commissioner of Army Accounts to report and a report rendered July 31.]
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