| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, JULY 24, 1786.
Congress assembled. Present, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia; and from Connecticut, Mr. [William Samuel] Johnson.
On a report relative to the capture of the Sloop Chester, and a note from the minister plenipotentiary of the United Netherlands in behalf of the Owners or claimers of the said
Page 424 | Page image
sloop, being in Holland, and other papers relative to the property, capture and condemnation thereof,
Resolved, That the court of appeals be, and they are hereby authorised and empowered, upon application made to them by the owners or claimants of the said Sloop Chester, her appurtenances and cargo, at their session in November next, to examine and determine, by way of appeal, upon the merits of the said application for a new trial; and if, in the opinion of the said court, there should appear just cause to rehear, try, adjudge and determine respecting the capture and condemnation thereof, and to reverse the decree of the court of admiralty of South Carolina, in whole or in part, or to affirm the same, with costs, as to law and justice shall appertain; and that this resolution be published, and shall be deemed and taken as notice to the parties concerned, that the said cause will be tried and determined at that time.
Congress resumed the consideration of the Ordinance respecting Indian affairs; when a motion was made by Mr. [William] Few, seconded by Mr. [Timothy] Bloodworth, to amend the ordinance by adding these words:
Provided that this ordinance shall not be construed to operate so as that the legislative right of any state within its own limits be infringed or violated.
A motion was made by Mr. [Charles] Pinckney, seconded by Mr. [William] Grayson, to postpone the consideration of this amendment, in order to amend the preamble by adding thereto these words:
And whereas the United States in Congress assembled, under the 9th of the Articles of Confederation and perpetual Union, have the sole and exclusive right and power of regulating the trade, and mar aging all affairs with the Indians not members of any of the States, provided that the legislative right of any State, within its own limits, be not infringed or violated.
Page 425 | Page image
On the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Timothy] Bloodworth,
{table}
So it was resolved in the affirmative.
The preamble being amended, the Ordinance was read a second time:
An Ordinance for the regulation of Indian Affairs
Whereas the safety and tranquility of the frontiers of the United States, do in some measure depend on the maintaining a good correspondence between their citizens and the several nations of Indians in amity with them: And whereas, the United States in Congress assembled, under the 9th of the articles of confederation and perpetual union have the sole and exclusive right and power of regulating the trade, and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits, be not infringed or violated.
Page 426 | Page image
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 Eastern which shall comprehend all the tribes residing within the district of country lying south and east of the lakes Ontario and Erie, as far westerly as Presquisle, French Creek and Allegheny river, below the mouth of French Creek, and as far southerly as the Kittaning, and from thence northeasterly to the lakes George and Champlain, and northerly to 45° north latitude: The Western, or Middle Department, which shall comprehend the nations within the limits of the United States, north-west of the Ohio and west to the Mississippi; the Southern, which shall include all the nations south of the Ohio within the limits of the United States.
That a superintendent be appointed for each of the said districts, who shall reside within or as near the district for which he shall be so appointed, as may be convenient for the management of its concerns. The said superintendents shall attend to the execution of such regulations as Congress shall from time to time establish, respecting Indian affairs. They shall have authority to place deputies among the several tribes and to remove all or any of them for misbehaviour, and also grant licenses to traders.
There shall be communications of all matters relative to the business of the Indian departments kept up between the said superintendants, who shall regularly correspond with the Secretary at War, through whom all communications respecting the Indian department shall be made to Congress: And the said superintendents are hereby directed to attend to all instructions which they shall from time to time receive from the said Secretary at War. And whenever they shall have reason to suspect any tribe or tribes of Indians of hostile intentions, then, and in those cases, they shall communicate with the executive of the state or states, whose territories are subject to the effects of such hostilities. 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 superintendents, who shall render an annual account of the expenditures of the same to the Board of Treasury.
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
Page 427 | Page image
the United States. That no person, citizen or other, under penalty of five hundred dollars, shall reside among, or trade with any Indian or Indian nation within the territory of the United States, without a license for that purpose first obtained from the superintendant of the district, who is hereby directed to give such license to every person, who shall produce from the supreme executive of any state a certificate that he is of good character and suitably qualified and provide for that employment; for which license he shall pay the sum of fifty dollars to the said superintendant for the use of the United States. That no license to trade with the Indians shall be granted to any but citizens of the United States; nor shall any such license be in force for a longer term than one year; nor 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. That previous to any person or persons obtaining a license to trade as aforesaid, he or they shall give bond and security in one thousand dollars, 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 mentioned in his or their license, 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 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 five 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 license, or fined by the judgment of the said superintendant, according to the nature of his offence, in any sum not exceeding one hundred dollars. All sums to be received by the said superintendants, either for licenses or fines, shall be annually accounted for by them with the Board of Treasury.
Page 428 | Page image
And be it further ordained, That the said superintendants shall not be engaged either directly or indirectly in trade with the Indians, on pain of forfeiting their offices, and each of them shall take the following oath, previous to his entering on the duties of his appointment: I, A. B. do swear that I will well and faithfully serve the United States, in the office of superintendant of Indian affairs for thedistrict. That I will carefully attend to all such orders and instructions as I shall from time to time receive from the United States in Congress assembled, or the Secretary at War; that I will not be concerned either directly or indirectly in trade with the Indians, or with any other persons whatsoever, and that in all things belonging to my said office, during my continuance therein, I will faithfully, justly and truly, according to the best of my skill and judgment, do equal and impartial justice, without fraud, favour, or affection. And the said superintendants shall each of them give bond with surety, to the Board of Treasury, in trust for the United States, in the sum of six thousand dollars, for the faithful discharge of the duties of their office.1
[Note 1: 1 This form of the Ordinance is in No. 56, folio 467. It is a broadside which was printed for use on "Wednesday next." It bears changes in ms. in the writing of Charles Thomson, which brings it into the form agreed upon on the 3d reading, July 26.]
Ordered, That Wednesday next be assigned for the third reading.
On the report of a committee, consisting of Mr. [John Cleves] Symmes, Mr. [Henry] Lee and Mr. [Rufus] King, to whom was referred a letter and other papers relative to Scotosh, of the Wyandot tribe of Indians,
Resolved, That goods to the amount of one hundred dollars, be purchased by the Secretary at War and presented to Scotosh and his companions, in testimony of the friendship of the United States towards the half king, the father of Scotosh, and the Wyandot Nation, and that the Secretary at War take Order accordingly.
Page 429 | Page image
Resolved, That Scotosh be furnished with fifty dollars to defray his expenses in returning to his own Country; and that the Board of treasury take order accordingly.1
[Note 1: 1 In the report of the committee, read July 18, q. v., the amounts of 100 dollars and 50 dollars were left blank.]
Resolved, That the following message be sent by Scotosh to the Wyandot, Delaware, Shawanese, and Huron Nations of Indians:
"Brothers of the Wyandot, Delawares, Hurons, and Shawanese, The United States are happy that our good brother the half King of the Wyandots hath thought proper to send his son Scotosh to Congress with a message full of friendship and love and withal to inform Congress that though matters are at peace and quiet among the Wyandots, Delawares, Shawanese, and Hurons, yet that there are bad men among the Wabash, Twightwee, and Miami Nations who perhaps may attempt to interrupt the Surveyors of the United States.
"Brothers, We thank you for your good advice and kind intentions of abiding in peace with the United States.
"Brothers, We shall be sorry if any of the Wabash, Twightwee, or Miami Nations should so far lose sight of their own true interest as to strike the Surveyors of the United States: But if they do, the warriors of the United States are strong and will soon strike them in their towns and make them repent of their folly. But Congress is willing to take the Wabash, the Twightwee, and Miami Nations by the hand as brothers, whenever they will come to fort Pitt.
"Brothers, Congress will take care to keep the path plain referred to the Secretary at War to take Order. and open that our brothers of every Nation of indians may come to the great Council of the United States in Order to make the chain of friendship strong and bright."2
[Note 2: 2 This speech is in No. 30, folio 381, and forms a part of the report of July 18, q. v. Like the report proper, it is in the writing of John Cleves Symmes.]
Page 430 | Page image
Office of Secretary of Congress,
July 24, 1786.
On a petition of Timothy Devine stating that he furnished the army of the U. S. with sundry articles; that he deposited his Accounts in the hands of Mr Barber where they still lye and praying that they may be examined and that the amount may be paid him to relieve his present distress.
The Secretary of Congress reports That the petition of Timothy Agreed to 25 July. Devine be referred to the board of treasury.1
[Note 1: 1 This proceeding is entered in Reports of the Secretary of Congress, No. 180.
July 24: The "Letter 23 July, 1786, M. Duplessis" was read and referred to the Secretary for Foreign Affairs to report and report rendered July 27.
"Letter 9 May J. P. Jones" was referred to the Board of Treasury. It is in No. 168, II, folio 347 and reports on the prize claims against Denmark, the payment by France of the prize money on account of the Bon Homme Richard and the Alliance and Jones' expences in prosecuting these claims.
"Letter 12 feby. Mr. Dumas" was referred to the Board of Treasury.
The Committee of July 6 on the report of the Board of Treasury on the requisition for the year 1786 was, this day, discharged.
Committee Book No. 190.
Also, according to indorsement, was read a letter of July 21 from the Secretary for Foreign Affairs, forwarding a letter of May 22 from Thomas Jefferson. It is in No. 80, III, folio 41. Jefferson's is in No. 87, I, folio 363 and relates to the diplomatic appointment of C. W. F. Dumas.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |