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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 --MONDAY, APRIL 17, 1786.

Journals of the Continental Congress, 1774-1789
MONDAY, APRIL 17, 1786.

Congress assembled. Present, Massachusetts, Connecticut, New York, New Jersey, Maryland, Virginia, and South Carolina; and from New Hampshire, Mr. [Pierse] Long, and from Pennsylvania, Mr. [John Bubenheim] Bayard.

The delegates for the Commonwealth of Massachusetts, laid before Congress the following Act of the legislature of that state, empowering them, in conjunction with the Agents of New York, to nominate judges for a federal court, to settle a controversy between those states, relative to the Western Lands.

Commonwealth of Massachusetts, in Senate, December 1, 1785.

²Whereas it is necessary that some persons be specially authorised to represent this State in the appointment of a federal Court, to hear and determine a certain controversy now subsisting between this Commonwealth and the State of New York, respecting a certain territory to which that Government and this make claim.

[Note 2: 2 At this point Roger Alden commences the entry in the Journal.]

Resolved, That the Delegates who shall actually represent this commonwealth in Congress the current year, or any two of them, be,

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and they are hereby authorised and empowered to join with such agent or agents as may be appointed by the State of New York, to appoint Commissioners or Judges, who shall constitute a federal Court for the purposes aforesaid, as particularly mentioned in a resolve passed the 11th day of November, A. D. 1784.

Samuel Phillips, junr. President.

A. Ward, Speaker.

Sent down for concurrence, in the house of representatives, March 17, 1786. Read and concurred,

Approved, James Bowdoin.

True Copy. Attest: John Avery, junr. Secretary.

¹The Board of treasury having laid before Congress a Copy of a letter from Mr. Clarke, commissioner of the continental loan Office for the state of Rhode Island and Providence plantations, announcing his resignation,

[Note 1: 1 At this point Thomson resumes the entries in the Journal.]

Resolved, That tomorrow be assigned for electing a commissioner of the Continental loan Office for Rhode Island and Providence Plantations, in the room of Mr. Clarke, resigned.²

[Note 2: 2 The Board's letter, dated this day, is in the Papers of the Continental Congress, No. 140, II, folio 189; along with Clarke's letter, folio 193, it enclosed a copy of a letter from Jabez Bowen, April 13, recommending the appointment of George Olney, in Clarke's place. It is on folio 197.]

The commissioners for negotiating with the Indians in the Middle district, having transmitted to Congress a treaty which they have entered into with the Shawanese; And the Commissioners for treating with the Southern Indians, having transmitted to Congress treaties which they have severally made with the Cherokees, Chickasaws and Choctaws,

Ordered, That the said treaties be entered on the journal of Congress.

³ Articles of a treaty concluded at the mouth of the great Miami, on the Northwestern bank of the Ohio, the thirty-first day of January, one thousand seven hundred and eighty-six, between

[Note 3: 3 Roger Alden here begins the entry in the Journal.]

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the Commissioners plenipotentiary of the United States of America, of the one part, and the Chiefs and Warriors of the Shawanoe Nation of the other part.

• Art. 1st. Three hostages shall be immediately delivered to the Commissioners, to remain in the possession of the United States, until all the prisoners, white and black, taken in the late war from among the citizens of the United States, by the Shawanoe nation, or by any other Indian or Indians residing in their towns, shall be restored.
• Art. 2d. The Shawanoe nation, do acknowledge the United States to be the sole and absolute sovereigns of all the territory ceded to them by a treaty of peace, made between them and the King of Great Britain, the fourteenth day of January, one thousand seven hundred and eighty-four.
• Art. 3d. If any Indian or Indians of the Shawanoe nation, or any other Indian or Indians residing in their towns, shall commit murder or robbery on, or do any injury to the Citizens of the United States, or any of them, that nation shall deliver such offender, or offenders, to the Officer commanding the nearest post of the United States, to be punished according to the Ordinances of Congress: And in like manner any citizen of the United States who shall do an Injury to any Indian of the Shawanoe nation, or to any other Indian or Indians residing in their towns, and under their protection, shall be punished according to the laws of the United States.
• Art. 4th. The Shawanoe nation having knowledge of the intention of any nation or body of Indians to make war on the citizens of the United States, or of their counselling together for that purpose, and neglecting to give information thereof to the commanding officer of the nearest post of the United States, shall be considered as parties in such war, and be punished accordingly; and the United States shall in like manner inform the Shawanoes of any injury designed against them.
• Art. 5th. The United States do grant peace to the Shawanoe nation, and do receive them into their friendship and protection.
• Art. 6th. The United States do allot to the Shawanoe nation, lands within their territory to live and hunt upon, beginning at the South line of the lands allotted to the Wiandots and Delaware nations, at the place where the main branch of the great Miami which falls into the Ohio intersects said line; then down the river Miami, to the fork of that river, next below the old fort, which was taken by the French in 1752; thence due west to the river de la Pause; then down that

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  river, to the river Wabash, beyond which lines, none of the citizens of the United States shall settle, nor disturb the Shawanoes in their settlements and possessions; and the Shawanoes do relinquish to the United States, all title, or pretence of title they ever had to the lands east, west and south, of the east, west and south lines before described.

• Art. 7th. If any Citizen or Citizens of the United States, shall presume to settle upon the lands allotted to the Shawanoes by this treaty, he or they shall be put out of the protection of the United States.¹

  [Note 1: 1 This article is in the writing of Benjamin Bankson.]

In testimony whereof, the parties hereunto have affixed their hands and seals, the day and year first above mentioned.

(Signed:) G. R. Clarke, Richard Butler, Samuel H. Parsons, Aweecony, Kakawipilathy, Malunthy, Musquauconocah, Meanymsecah, Waupaucowela, Nihipeewa, Nikinessicoe.

Attest: Alexander Campbell, secretary to Commissioners.

Witnesses: William Finney, Major B. B. Thomas Doyle, Captain, B. B. Nathan M'Dowell, ensign, John Saffenger, Henry Gory, Kagy Galloway, his X mark, John Baggs, and others.

Articles of a Treaty concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Piekens, Joseph Martin, and Lachlan Mcintosh, Commissioners Plenipotentiary of the United States of America, of the one part, and the Head men and warriors of all the Cherokees of the other.

The Commissioners plenipotentiary of the United States in Congress assembled, give peace to all the Cherokees, and receive them into the favor and protection of the United States of America, on the following conditions:

• Art. 1st. The Head men and warriors of all the Cherokees, shall restore all the prisoners, citizens of the United States, or subjects of their Allies, to their entire liberty. They shall also restore all the negroes, and all other property taken during the late war from the citizens, to such person, and at such time and place, as the Commissioners shall appoint.
• Art. 2d. The Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the

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  late war, to the Head men and warriors of the Cherokees, as early as is practicable.

• Art. 3d. The said Indians for themselves, and their respective tribes and towns, do acknowledge all the Cherokees, to be under the protection of the United States of America, and of no other sovereign whosoever.
• Art. 4th. The boundary allotted to the Cherokees for their hunting grounds, between the said Indians, and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz. Beginning at the mouth of Duck river on the Tennessee; thence running northeast, to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a northeast line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river, thence to Campbell's line, near Cumberland gap; thence to the mouth of Cloud's creek on Holstein; thence to the chimney top mountain; thence to camp creek, near the mouth of Big Limestone, on Nolichuckey; thence a southerly course six miles to a Mountain; thence south to the North Carolina line; thence to the South Carolina Indian boundary, and along the same southwest over the top of the Oconee mountain till it shall strike Tugalo river; thence a direct line to the top of the Currohee mountain; thence to the head of the South fork of Oconee river.
• Art. 5th. If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands westward or southward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please; provided nevertheless, that this Article shall not extend to the people settled between the fork of French-broad, and Holstein rivers, whose particular situation shall be transmitted to the United States in Congress assembled, for their decision thereon, which the Indians agree to abide by.
• Art. 6th. If any Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States, or

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  person under their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the Ordinances of the United States; provided that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.

• Art. 7th. If any citizen of the United States, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the murder or robbery, or other capital crime, had been committed on a citizen of the United States; and the punishment shall be in the presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes.
• Art. 8th. It is understood that the punishment of the innocent under the Idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of Justice, and if refused, then by a declaration of hostilities.
• Art. 9th For the benefit and comfort of the Indians, and for the prevention of Injuries or oppressions on the part of the citizens or Indians, the United States in Congress Assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
• Art. 10th. Until the pleasure of Congress be known, respecting the 9th Article, all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they shall be protected in their persons and property, and kindly treated.
• Art. 11th. The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States.
• Art. 12th. That the Indians may have full confidence in the Justice of the United States respecting their interests, they shall have the right to send a Deputy of their choice, whenever they think fit, to Congress.
• Art. 13th. The hatchet shall be for ever buried, and the peace given by the United States, and friendship re-established between the said

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  states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all, and every thing herein determined, between the United States of America, and all the Cherokees: We their underwritten commissioners, by virtue of our full powers have signed this definitive treaty, and have caused our seals to be hereunto affixed. Done at Hopewell, on the Keowee, this 28th of November, in the year of our Lord one thousand seven hundred and eighty five.

(Signed:) Benjamin Hawkins, Andrew Pickens, Joseph Martin, Lachn. M'Intosh, and by thirty seven head men of the Cherokee Nation.

Articles of a treaty, concluded at Hopewell, on the Keowee river, near Seneca old town, between Benjamin Hawkins, Andrew Pickens and Joseph Martin, Commissioners plenipotentiary of the United States of America of the one part, and Piomingo, Head Warrior and first Minister of the Chickasaw Nation, Mingatushka, one of the leading chiefs, and Latopoia, first beloved man of the said nation;¹ Commissioners Plenipotentiary of all the Chickasaws of the other part.

[Note 1: 1 At this point Benjamin Bankson commences the entry in the Journal.]

The Commissioners plenipotentiary of the United States of America, give peace to the Chickasaw nation, and receive them into the favour and protection of the said States, on the following conditions:

• Article 1. The Commissioners plenipotentiary of the Chickasaw Nation, shall restore all the prisoners, Citizens of the United States, to their entire liberty, if any there be in the Chickasaw Nation. They shall also restore all the Negroes, and all other property taken during the late War, from the Citizens, if any there be in the Chickasaw Nation, to such person, and at such time and place, as the Commissioners of the United States of America shall appoint.
• Article 2d. The Commissioners plenipotentiary of the Chickasaws, do hereby acknowledge the tribes and the towns of the Chickasaw Nation, to be under the protection of the United States of America, and of no other Sovereign whosoever.
• Article 3d. The boundary of the lands hereby allotted to the Chickasaw Nation to live and hunt on, within the limits of the United States of America, is, and shall be the following, vizt.

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  Beginning on the ridge that divides the Waters running into the Cumberland, from those running into the Tennessee, at a point in a line to be run Northeast, which shall strike the Tennessee, at the mouth of Duck river; thence running westerly along the said ridge, till it shall strike the Ohio; thence down the southern banks thereof, to the Mississippi; thence down the same, to the Choctaw line or Natches district; thence along the said line, or the line of the District Eastwardly as far as the Chickasaws claimed, and lived and hunted on, the 29th of November, one thousand seven hundred and Eighty two. Thence the said boundary Eastwardly, shall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at present in possession of the Creeks; Saving and reserving for the establishment of a trading post, a tract or parcel of land to be laid out at the lower post of the Muscle Shoals, at the mouth of the Ocochappo, in circle, the diameter of which, shall be five miles on the ... river, which post, and the lands annexed thereto, shall be to the use and under the government of the United States of America.

• Article 4th. If any Citizen of the United States, or other person not being an Indian, shall attempt to settle on any¹

  [Note 1: 1 At this point Roger Alden commences the entry in the Journal.]

  of the lands hereby allotted to the Chickasaws to live and hunt on, such person shall forfeit the protection of the United States of America, and the Chickasaws may punish him or not as they please.
• Article 5th. If any Indian or Indians, or persons residing among them, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States, or person under their protection, the tribe to which such offender or offenders may belong, or the nation, shall be bound to deliver him or them up, to be punished according to the ordinances of the United States in Congress Assembled: Provided that the punishment shall not, be greater, than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.
• Article 6th. If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders, shall be punished in the same manner, as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the

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  Chickasaws, if any will attend at the time and place, and that they may have an opportunity so to do, due notice, if practicable, of such intended punishment, shall be sent to some one of the Tribes.

• Article 7th. It is understood, that the punishment of the innocent, under the Idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this Treaty; and then it shall be proceeded, first by a demand of Justice, and, if refused, then by a declaration of hostilities.
• Article 8th. For the benefit and comfort of the Indians, and for the prevention of Injuries or oppressions on the part of the citizens or Indians, the United States in Congress Assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
• Article 9th. Until the pleasure of Congress be known, respecting the 8th Article, all Traders, citizens of the United States, shall have liberty to go to any of the Tribes or Towns of the Chickasaws to trade with them, and they shall be protected in their persons and property, and kindly treated.
• Article 10th. The said Indians shall give notice to the citizens of the United States of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or Interest of the United States of America.
• Article 11th. The Hatchet shall be for ever buried, and the peace given by the United States of America, and friendship re-established between the said States on the one part, and the Chickasaw nation on the other part, shall be universal; and the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all, and every thing herein contained, between the said States and Chickasaws, we, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed. Done at Hopewell, on the Keowee, this 10th day of January, in the year of our Lord one thousand seven hundred and eighty six.

(Signed:) Benjamin Hawkins, Andrew Pickens, Joseph Martin. Piomingo, Mingatushka, Latopoia.

(Witness:) William Blount, William Hazzard, Samuel Taylor. James Cole, Sworn Interpreter.

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Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca old town, between Benjamin Hawkins, Andrew Piekens and Joseph Martin, Commissioners plenipotentiary of the United States of America of the one part; and Yockonahoma, great medal Chief of Soonacoha, Yockahoopoia, leading Chief of Bugtoogoloo, Mingohoopoie, leading Chief of Haskooqua, Tobocoh, great medal Chief of Congaloo, Pooshemastubie, gorget Captain of Sonayazo, and thirteen small medal chiefs of the first class, twelve medal and gorget captains, Commissioners plenipotentiary, of all the Chocktaw Nation of the other part.

The Commissioners plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favour and protection of the United States of America, on the following conditions:

• Article 1st. The Commissioners plenipotentiary of all the Choctaw Nation, shall restore all the prisoners, citizens of the United States, or subjects of their Allies, to their entire liberty, if any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, at such time and place, as the Commissioners of the United States of America shall appoint, if any there be in the Choctaw Nation.
• Article 2d. The Commissioners plenipotentiary of all the Choctaw Nation, do hereby acknowledge the tribes and towns of the said nation, and the lands within the boundary allotted to the said Indians, to live and hunt on, as mentioned in the third Article, to be under the protection of the United States of America, and of no other Sovereign whosoever.
• Article 3d. The boundary of the lands, hereby allotted to the Chocraw nation to live and hunt on, within the limits of the United States of America, is, and shall be the following, viz. Beginning at a point on the thirty-first degree of North Latitude, where the eastern boundary of the Natches district shall touch the same; thence east along the said 31st degree of North latitude, being the southern boundary of the United States of America, until it shall strike the eastern boundary of the lands on which the Indians of the said Nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the King of Great-Britain. Thence northerly along the said eastern boundary, until it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary,

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  until it shall meet the western boundary thereof; thence southerly along the same to the beginning; saving and reserving for the establishment of trading posts, three tracts or parcels of land, of six miles square each, at such places as the United States in Congress Assembled shall think proper; which posts, and the lands annexed to them, shall be to the use and under the Government of the United States of America.

• Article 4th. If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Indians to live and hunt on, such person shall forfeit the protection of the United States of America, and the Indians may punish him or not as they please.
• Article 5th. If any Indian or Indians, or persons residing among them, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, or any citizen of the United States of America, or person under their protection, the tribe to which such offenders may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled: Provided that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.
• Article 6th. If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner, as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Choctaws, if any will attend at the time and place; And that they may have an opportunity so to do, due notice, if practicable, of the time of such intended punishment, shall be sent to some one of the Tribes.
• Article 7th. It is understood that the punishment of the innocent, under the Idea of retaliation, is unjust, and shall not be practised on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of Justice, and if refused, then by a declaration of hostilities.
• Article 8th. For the benefit and comfort of the Indians, and for the prevention of Injuries or oppressions on the part of the Citizens or Indians, the United States in Congress assembled, shall have the sole

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  and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

• Article 9th. Until the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and property and kindly treated.
• Article 10th. The said Indians shall give notice to the citizens of the United States of America, of any designs which they may know or suspect to be formed in any neighbouring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America.
• Article 11th. The Hatchet shall be for ever buried, and the peace given by the United States of America, and friendship reestablished between the said States on the one part, and all the Choctaw nation on the other part, shall be universal: And the contracting parties shall use their utmost endeavours to maintain the peace given as aforesaid, and friendship re-established.

In witness of all, and everything herein determined, between the United States of America and all the Choctaws. We their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed. Done at Hopewell, on the Keowee, this third day of January, in the year of our Lord one thousand seven hundred and eighty-six.

(Signed:) Benjamin Hawkins, Andrew Pickens, Jos. Martin. Yockenahoma, Yockehoopoie, Mingohoopoie, Tobocob, Pooshemastuby, Pooshahooma,Tuscoonoohoopoie, Shinshomastuby, Yoopahooma, Stoonokoohoopoie, Tehakuhbay, Pooshemastuby, Tuskkahoomoch, Tushkahoomoch, Yoostenockha, Tootehooma, Toobenohoomoch, Cshecoopoohoomoch, Stonakoohoopoie, Tushkeheegohta, Teshuhenochloch, Pooshanaltla, Okanconnooba, Autoonachuba, Pangehooloch, Steabee, Tenctehinna, Tushkementahock, Tushtalla, Cshunangchabba, Cunnopoie.

(Witness:) Win. Blount, John Woods, Saml. Taylor, Robert Anderson, Benjn. Lawrence, John Pitchlynn, James Cole, Interpreter.

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The Board of Treasury to whom was Referred the Memorial of William Shattuck and Timothy Church, Beg leave to Report:

That it appears from the Journals of Congress of the 5th. December, 1782, That the Memorialists were Condemned to Banishment and Confiscation of Property by certain persons assuming to Erect themselves into an Independant State, within that District of Country on the West side of Connecticut River, commonly called the New Hampshire Grants, in violation of the Resolves of Congress of the 24th. September, 1779, and the 2d June, 1780; that the United States in Congress required of the Persons exercising such Authority, to make full and ample Restitution to the Memorialists for the Damages by them sustained, and not to molest them in their Persons or Properties on their Return to their Habitations in said District.

That the Memorialists state, that in defiance of this Resolve they were on their return to the District above mentioned confined in Jail, where they were loaded with Irons and suffered all the hardships of a rigorous Imprisonment for the space of five Months.

That it appears from a Certificate of His Excellency Governor Clinton that William Shattuck (one of the Memorialists) in consequence of a Warrant from the late Commander in Chief delivered to him in the Spring of 1783, apprehended a certain Luke Knowlton (an Inhabitant of the District abovementioned) charged with keeping up a Correspondence with the Enemies of the United States, and brought him to the Head Quarters of the American Army in the latter end of the Year 1783.

That the said William Shattuck Swears, that he has only received on account of the said Service from His Excellency General Washington, the Sum of Fourteen Dollars, and that the just balance due to him for his Services and Expences is Forty eight Pounds, two Shillings and ten Pence Current Money of New York.

Under these Circumstances the Board beg leave to Observe: That although they doubt not the Sufferings of the Memorialist have been such as they Represent, yet inasmuch, as their Banishment, Confiscation of Property, and the Imprisonment they suffered in consequence of it, proceeded from their holding Commissions under the State of New York and from their zealous Attachment to the Jurisdiction of that Government, it would be improper for the United States to Apply any part of the General Funds in making that Compensation which the Memorialists may with Confidence expect from

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the Justice of the State, in whose Cause their Sufferings have been sustained.

With respect to the Claim made by William Shattuck for his Service and Expences in apprehending Luke Knowlton, in consequence of a Warrant from His Excellency the Commander in Chief, the Board beg leave to report the following Resolve, Viz.

That there be allowed William Shattuck, such a Sum as the late Commander in Chief shall certify to be a proper Compensation for his Services and Expences in Apprehending Luke Knowlton, in pursuance of the General's Warrant for such purpose; and that the Board of Treasury take Order for paying the same, or producing such Certificate.

All which is humbly Submitted.¹

[Note 1: 1 This report, signed by Samuel Osgood and Walter Livingston, is in the Papers of the Continental Congress, No. 138, II, folio 351. According to indorsement if, was read April 17.]

April 10th, 1786.

[Motion]

To report the power which Congress may rightfully exercise to compel the attendance of the members.²

[Note 2: 2 This memorandum, in the writing of Charles Thomson and indorsed by Roger Alden: "Motion 17th. April, 1786," is in No. 36, III, folio 231. According to indorsement and Committee Book No. 190, it was referred to Mr. [Henry] Lee, Mr. [Rufus] King and Mr. [John] Kean. They reported June 12. A former committee, appointed March 2 to report on this same matter was, this day (April 17) discharged.]

[Motion of Mr. Lee.]

Resolved, That the Secy. of Congress be directed to inform the P. M. Genl. that he alter the Contract with Ogden so as to permit him to transport the Mail by the Rout of Bergen point or Newark as shall best suit him.³

[Note 3: 3 This motion, in the writing of Henry Lee, is in No. 36, III, folio 233. According to Resolve Book No. 23 and Committee Book No. 190, it was referred to the Secretary of Congress to take order.
April 17: On this day was referred to the Secretary for Foreign Affairs to take order, "his report of 30 March, 1786, on Mr. A[dam]s letters of 2d 9th., 12th. and 15 Decr, 1785, and 4 Jany. with papers enclosed and a motion on Mr. A's meml." See ante March 29 and 31. This proceeding is also entered, by Benjamin Bankson, in Resolve Book No. 123. Adams' letters are in No. 84, VI, folios 1, 5, 9, 13, 17, and 31; a copy of Adams' memorial to the British Ministry, dated November 30, 1785, on the British retention of the Western Posts, is in No. 84, V, folio 745.
Also was read a letter of April 13 from the Secretary for Foreign Affairs, forwarding letters from John Adams, of November 4, 5 and 11, 1785. It is in No. 80, II, folio 211. Adams' letters are in No. 84, V, folio 713, 717, and 729. The letter of November 11, relates to the trade with the East Indies and, according to indorsement was referred to the Secretary for Foreign Affairs to report. He reported May 8.
Also the petition of Anthony Paulint was referred to the Board of Treasury, to report on this and the case of Canadian refugees in general. Report was rendered May 22.
Also a memorial of Philip Schuyler was read, dated New York, April 14, 1786, recounting his services as Commissioner of Indian Affairs in the Northern Department and praying payment for same. It was referred to the Board of Treasury to report and a report rendered May 8. The memorial is in No. 41, IX, folio 383.
Also a petition of Weston Clark, for depreciation of his pay was read and referred to the Board of Treasury to report, which was rendered April 20. It is in No. 42, II, folio 198.
Also was read a letter of January 18, 1786, from Armand, Marquis de la Rouerie regarding payments due him and members of his corps in France. It was referred to the Board of Treasury to report. It is in No. 164, folio 528 and is indorsed by Thomson: "dup: read 8 May 1786."
Also on this day Mr. William Ellery was nominated by Mr. [Pierse] Long as Commissioner of Continental Loan Office for the State of Rhode Island "elected 17th. April;" and Mr. [Jeremiah] Olney was nominated by Mr. [William Samuel] Johnson. See post, April 18.
Committee Book No. 190.
Also, according to indorsement, was read a letter of April 2 from Gov. James Bowdoin enclosing a statement of the number of inhabitants in the various towns of Massachusetts. It is in No. 65, II, folio 301; the statement is on folio 309.
Also, the petition of Gotleib Meyer and Peter Wirtirg was ordered filed. See ante, April 13.
On this day also, was read the petition of Judah Williams praying reimbursement for depreciation losses sustained in buying cattle for the army in 1779. It is in No. 42, VIII, folio 350 and, according to indorsement, was referred to the Board of Treasury to report. Report was rendered and acted on April 24.]

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