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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 20, 1786.
Congress assembled. Present as before.
Congress resumed the consideration of an Ordinance on Indian affairs, and a motion was made by Mr. [William] Few, seconded by Mr. [Timothy] Bloodworth, to amend the same by inserting the following proviso, viz.
Provided that when it shall appear necessary to hold a treaty or treaties with any nation, town or tribe of Indians, within the boundary or limits of any of the States, a communication shall, in the first instance, be made to the legislature or executive of the State within whose limits such Indians are, notifying the time, place, and object of such treaty; and the said Superintendant shall have full power to negotiate and treat with the said Indians on all matters relative to peace and war, agreeably to such instructions as he may receive; provided also, that the legislative right of any state be not infringed or violated, and that on all matters respecting the regulation of trade, or internal policy in which the retained sovereignty, jurisdiction or legislative right is concerned, the Superintendant shall advise,
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consult with, and obtain the approbation of such state, or some person or persons duly authorised on the part of the said State to assent thereto, before any treaty or act touching the premises shall be considered as valid.1
[Note 1: 1 This motion, in the writing of William Few, is in the Papers of the Continental Congress, No. 36, III, folio 293.]
On the question to agree to this Amendment, the yeas and nays being required by Mr. [William] Few and Mr. [Timothy] Bloodworth,
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So it passed in the negative.
The Committee [consisting of Mr. Josiah Hornblower, Mr. John Cleves Symmes, Mr. Melancton Smith] to whom was referred the Memorial of Capt. Daniel Baldwin, with the report of the Secretary at war and board of Treasury thereon report:
That after a careful examination of the papers accompanying the memorial, it appears to the Committee Capt. Daniel Baldwin was in July, 1781, stationed at Newark in New Jersey by brigadier General
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Dayton, in consequence of an Order from his Excellency the Commander in chief, for the purpose of obtaining intelligence from within the Enemy's lines at New York; and that he continued on that station until January, 1783.
It also appears to the committee from sundry Letters that the memorialist had been diligent and faithful in his exertions for obtaining those objects for which he was employed, the nature of which service, necessarily subjected him to considerable expences and disbursements an account of which, he has exhibited amounting to 643 52/90 dollars, attested by his oath and vouchers to the amount of 121 dollars; for which he has not been compensated.
Besides the above sum of 643 52/90 dollars, a general charge is made by the memorialist for services rendered during the above period but without any sum annexed.
On this statement, the Committee beg leave to submit the following Resolve.1
[Note 1: 1 This report, in the writing of Josiah Hornblower, is in the Papers of the Continental Congress, No. 19, I, folio 201. According to indorsement it was read July 20 and passed October 13. The resolve recommend is there spread verbatim on the Journal. In the report the amount to be paid Baldwin is left blank.
On this day, according to indorsement, was read the report of the Board of Treasury, dated July 19, on their letter of June 29 and sundry letters from Thomas Smith, Commissioner of Loan Office of Pennsylvania. It is in No. 139, folio 329, and is indorsed as made the "Order of the day for Monday July 24, 1786," where it is spread verbatim on the Journal.]
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