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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, JULY 11, 1787.
Congress assembled present the seven states above mentioned.
The Comee. consisting of Mr. [Edward] Carrington Mr. [Nathan] Dane Mr. R[ichard] H[enry] Lee Mr. [John] Kean and Mr. [Melancton] Smith to whom was referred the report of a comee touchg the temporary government of the western territory reported an Ordinance for the government of the territory of the United States North West of the river Ohio, which was read a first time.
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An Ordinance for the Government of the territory of the United States North West of the river Ohio.1
[Note 1: 1 Papers of the Continental Congress, No. 56, pp. 497--502, in the writing of Mr. Nathan Dane, indorsed as read first time July 11, 1787. In printed form this report is in Papers of the Continental Congress Broadsides, with Mss. changes by Charles Thomson and Mr. William Grayson and with a Mss. copy of the sixth Article in the writing of Mr. Dane attached to it. From the indorsement it appears that the corrected printed form represents the second reading on July 12.
The words underlined by the editor in the text of this report were struck out during the debate. See April 26, May 9, 10, and July 9, 12 and 13, 1787.]
Be it ordained by the United States in Congress Assembled, that the said Territory, for the purposes of Temporary Government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Be it ordained by the Authority aforesaid that the estates both of resident and non resident proprietors in said Territory dying intestate, shall descend to, and be distributed among their children and the descendents of a deceased child in equal parts; the descendents of a deceased child or grand child to take the share of their deceased parent in equal parts among them. And where there shall be no children or descendents then in equal parts to the next a kin in equal degree, computing by the rules of the civil law, and among Collaterals the children of a deceased brother or sister of the intestate, shall have in equal parts among them their deceased parent's share. Saving in all Cases to the widow of the intestate, her third part of the real estate for life, and where there shall be no children of the intestate, one third part of the personal estate; and this law relative to descents and dower shall remain in full force until altered by the Legislature of the district. And until the Governor and Judges shall adopt laws as herein after mentioned, estates in said Territory may be devised or bequeathed by wills in writing signed and sealed by him or her in whom the estate may be, (being of full age) and attested by three witnesses. And real estates may be conveyed by lease, or bargain and sale, signed, sealed, and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, Courts, and registries shall be appointed for that purpose. And personal property may be transferred by delivery. Saving,
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however, to the Inhabitants of Kaskaskias and post Vincents their laws and customs now in force among them relative to the descent and conveyance of property.
Be it ordained by the Authority aforesaid, that there shall be appointed from tune to time by Congress, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.
There shall be appointed from time to time by Congress, a Secretary whose commission shall continue in force for four years, unless sooner revoked, he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office It shall be his duty to keep and preserve the Acts and laws passed by the legislature, and the public records of the district, and the proceedings of the Governor in his executive department; and transmit Authentic copies of such Acts and proceedings, every six months, to the Secretary of Congress. There shall also be appointed a Court to consist of three Judges, any two of whom to form a Court, who shall have a Common law Jurisdiction, and reside in the district and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour.
The Governor and Judges, or a majority of them, shall adopt and publish in the district, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.
The Governor for the time being, shall be commander in chief of of the militia, appoint and commission all officers in the same, below the rank of General Officers; all officers above that rank shall be appointed and 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 the peace and good order in the same. After the General Assembly shall
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be organised, the powers and duties of magistrates and other civil Officers shall be regulated and defined by the said Assembly; but all magistrates and other civil Officers, not herein otherwise directed, shall, during the continuance of this temporary Government, be appointed by the Governor.
For the prevention of crimes and Injuries the laws to be adopted or made shall have force in all parts of the district and for the execution of process criminal and civil the Governor shall make proper divisions thereof. And he shall proceed, from time to time, as circumstances may require to lay out the parts of the district in which the Indian titles shall have been extinguished into Counties and townships subject however to such alterations, as may thereafter be made by the Legislature.
So soon as there shall be 5000 free male Inhabitants, of full age, in the district upon giving proof thereof to the Governor, they shall receive authority, with time and place to elect representatives from their Counties or townships, to represent them in the General Assembly; provided that for every 500 free male Inhabitants there shall be one representative, and so on progressively with the number of free male Inhabitants, shall the right of representation increase, until the number of representatives shall amount to 25, after which the number and proportion of representatives shall be regulated by the legislature, provided that no person be eligible or qualified to Act as a representative unless he shall have been a Citizen of one of the United States three years and be resident in the district, or unless he shall have resided in the district three years, and in either Case shall likewise hold in his own right, in fee simple, 200 acres of land within the same, provided Also that a freehold of fifty acres of land in the district, having been a Citizen of one of the States and being resident in the district; or the like freehold and two years residence in the district shall be necessary to qualify a man as an elector of a representative.
The representatives thus elected shall serve for the term of two years, and in Case of the death of a representative, or removal from office, the Governor shall issue a writ to the County or township for which he was a member to elect another in his stead, to serve for the residue of the term.
The General Assembly, or legislature, shall consist of the Governor, legislative Council, and a House of representatives. The legislative Council shall consist of 5 members to continue in office 5 years, unless sooner removed by Congress, any three of whom to be a quorum and
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the members of the Council shall be nominated and appointed in the following manner to wit, as soon as representatives shall be elected the Governor shall appoint a time and place for them to meet together and when met they shall nominate ten persons residents in the district and each possessed of a freehold in 500 acres of land and return the names to Congress five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the Council by death, or removal from office, the House of representatives shall nominate two persons qualified as aforesaid for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months, at least, before the expiration of the time of service of the members of Council the said House shall nominate ten persons qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the Council five years unless sooner removed. And the Governor, legislative Council, and House of Representatives shall have authority to make laws in all Cases for the good government of the district not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the House and by a majority in the Council, shall be referred to the Governor for his assent; but no bill or legislative Act whatever shall be of any force without his assent. The Governor shall have power to convene, prorogue and dissolve the General Assembly when in his opinion it shall be expedient.
The Governor Judges, legislative Council, Secretary and Such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office, the Governor before the president of Congress, and all other officers before the Governor. As soon as a legislature shall be formed in the district the Council and House assembled in one room shall have authority by Joint ballot to elect a Delegate to Congress who shall have a seat in Congress with a right of debating but not of voting during this temporary Government.
And for extending to all parts of the Confederacy the fundamental principles of civil and religious liberty which form the basis whereon these republics, their laws and Constitutions are erected; to fix and establish those principles as the basis of all laws Constitutions and Governments, which forever hereafter shall be formed in the said Territory; to provide also for the establishment of States and permanent Government therein, and for their admission to a share in the
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federal Councils on an equal footing with the original States at as early periods as may be consistent with the General Interest,
It is hereby ordained and declared by the authority aforesaid that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalterable unless by Common Consent to wit,
Article the first. no person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments in the said Territory.
Article the second. the Inhabitants of the said Territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by Jury; of a proportional representation of the people in the legislature, and of Judicial proceedings according to the Course of the Common law; all persons shall be bailable unless for capital offences where the proof shall be evident, or the presumption great; all fines shall be moderate and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property but by the Judgment of his peers or the law of the land, and should the public exigencies make it necessary for the common preservation to take any persons property or to demand his particular services, full compensation shall be made therefor, and in the Just preservation of rights and property it is understood and declared, that no law ought ever to be made, or have force in the said Territory, that shall in any manner whatever interfere with, or effect private contracts or engagements, bona fide and without fraud previously formed.
Article the third. Institutions for the promotion of religion and morality, schools and the means of education shall forever be encouraged, and all persons while young shall be taught some useful Occupation. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they never shall be invaded or disturbed, unless in Just and lawful wars authorised by Congress; but laws founded in Justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.
Article the fourth. The said Territory and the States which may be formed therein shall forever remain a part of this Confederacy of the United States of America subject to the articles of Confederation and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled
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conformable thereto. The Inhabitants and settlers in said Territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expences of 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; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers, no tax shall be imposed on lands the property of the United States, and in no Case shall non resident proprietors be taxed higher than residents. No laws shall ever be made in said Territory for creating perpetuities therein, and the navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same shall be common high ways, and forever free, as well to the Inhabitants of the said Territory, as to the Citizens of the United States, and those of any other States, that may be admitted into the Confederacy without any tax, impost or duty therefor.
Article the fifth. There shall be formed in the said Territory not less than three nor more than five States and the boundaries of the States, as soon as Virginia shall alter her act of cession and authorise the same shall become fixed and established as follows to wit. the Western State in said territory shall be bounded by the Mississippi, the Ohio and Wabash rivers, a direct line drawn from the Wabash and post Vincents due North to the territorial line between the United States and Canada, and by said Territorial line to the lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line the Wabash from post Vincents to the Ohio, by the Ohio, by a direct line drawn due North from the mouth of the Great Miami to said territorial line and by said territorial line. The Eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line, provided however and it is further understood and declared that the boundaries of these three States shall be subject so far to be altered, that if Congress hereafter shall find it expedient they shall have authority to form one or two States in that part of the said territory which lies North
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of an East and West line drawn through the Southerly bend or extremity of lake Michigan; and whenever any of the said States shall have sixty thousand free Inhabitants therein, such State shall be admitted by its Delegates into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent Constitution and State Government, provided the Constitution and Government so to be formed shall be republican and in conformity to the principles contained in these articles and so far as it can be consistent with the General Interest of the Confederacy such admission shall be allowed at an earlier period and when there may be a less number of free Inhabitants in the State than sixty thousand.
Be it ordained by the authority aforesaid that the resolutions of the 23d. of April, 1784, be, and the same are hereby repealed and declared null and void.
Ordered That to morrow be assigned for 2d. reading.
[Report of Board of Treasury on issue of indents1]
[Note 1: 1 Papers of the Continental Congress, No. 139, pp. 519--533, read July 11, 1787. The covering letter of the Board, also read, is in Papers of the Continental Congress, No. 140, I, p. 375. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 152, the report was referred to a committee consisting of Mr. Nathan Dane, Mr. Abraham Clark, Mr. Richard Henry Lee, Mr. John Kean and Mr. Melancton Smith. It is also indorsed as superseded by requisition for 1787. See May 2 and July 16, 1787.]
The Board of Treasury to whom was referred a Letter of the 18th. (NB 16th date of the letter) of April 1787, from His Excellency the Governor of the State of Virginia,
Beg leave to Report
That the purport of the said Letter is, that the Board of Treasury should be instructed to order the issue of Interest on the Requisition2 of the 2d. of August 1786.
[Note 2: 2 Journals, vol. XXXI, pp. 461--465.]
On the above application the Board beg leave to observe, that it impies, either,
That the Commissioners of this Board have neglected to carry into execution that part of the Requisition abovementioned which relates to the issue of Indents in the State of Virginia, Or,
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That it would be proper for the United States in Congress to direct the issue of Indents of Interest in that State; notwithstanding the clause in the said Requisition, restraining the issue of Indents where adequate Funds were not provided by the States for furnishing their respective Quotas.
In order to enable Congress to form a proper opinion how far the inference first mentioned (if intended by the said Letter) is properly supported; or whether it would be advisable to set aside the restrictions on the said Requisition as above specified, the Board beg leave to submit to the consideration of that Honorable Body the following facts and observations, viz.
The Act of the State of Virginia, directing the appropriations for complying with the Requisition of the 2d. of August 1786, is entitled an Act--To amend and condense into one Act the several Laws for appropriating the Public Revenue. From the title of the Law, Congress would naturally presume that the Monies intended for the State purposes, and those for the Union, are blended in one System of Collection, and such indeed is the fact generally. Hence it becomes impracticable for even those who are best acquainted with the nature and productiveness of the different Revenues of Virginia, to decide positively as to the amount of the provision made by the general Revenue Laws, or of the exact proportion resulting therefrom, for the purposes of the State, and those of the Union; And this difficulty is enhanced, not only from the variety of State Anticipations (as well as Indents of Interest) which are made receiveable as Specie, in several of the Taxes; but from a want of attention to the detail of Collection; so that the proportion of Specie and of Interest Indents may correspond with what is pointed out and authorised by the general Requisitions.
That such is the operation of the Revenue Laws is warranted by the opinion of the Commissioner of the Loan Office for the State of Virginia, who by a clause of the Requisition of the 2d. of August 1786, is precluded, under any pretence whatever from certifying or issuing any Certificate for Interest, untill the State for which he is appointed Loan Officer shall have past a Legislative Act thereby providing adequate Funds for complying with that Requisition.
It is observed by that Officer in a Letter to the Board of the 16th. of January last, "That the Funds allotted to Federal purposes, meet with so many Anticipations by the admission of State Warrants; that it is not in the power of human wisdom to determine what Sum can
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be expected from the Tax of 1786, now collecting; that the admission of Tobacco in the collection of that Tax might produce something and that the additional duty on Tobacco exported, which would be applied to Federal purposes alone, would he presumed, produce 50,000 Dollars; but that after all, there would be large deficiencies on the several Requisitions; and that the Legislature had not devised sufficient means for supplying those deficiencies."
The Board beg leave to observe, that if they had governed themselves by a strict construction of that clause of the Requisition, which relates to the issue of Indents, they should have conceived themselves justified in directing the Loan Officer of the State of Virginia not to issue Indents; the information of that Officer being expressly, "That the Funds provided by the State were not adequate to furnish the Quota of the last Requisition." From a sollicitude however of giving to the Public Creditors in the State of Virginia, the relief intended from the issue of Indents, they applied by Letter on the 19th. of February last to the Honorable the Delegates of the State of Virginia for their opinion as to the sufficiency of the Funds provided by the State for complying with the Requisition of the 2d. of August last. On a personal conference which took place betwixt those Gentlemen and the Board on this subject they observed, "That it was to be presumed, that the State had provided such Funds as they judged adequate to the object" but they declined giving their own opinion as to their sufficiency.
How far a favorable opinion entertained by the State of the provision made for complying with the Requisition of the 2d. of August last, was to be considered by this Board as an establishment of adequate Funds, Congress will easily determine. Certain it is, that although the Act of the State of Virginia for complying with the Requisition1 of the 27th. September 1785 was in its form more consonant to the General Requisition of that Year, than any of the Laws past by the other States in pursuance of it; nothing yet has resulted from it in discharge of that Requisition. It became therefore the peculiar duty of the Board to examine with attention such documents as had been transmitted to their Office, relative to the Revenues of the State of Virginia, in order to ascertain with as much precision as possible what would be the probable amount of the Funds relied on by the State for discharging their Quota of the Requisition of the 2d. of August last.
[Note 1: 1 Journals, XXIX, pp. 765--771.]
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The result of this investigation is as follows.
By the Act of the State of Virginia for amending and condensing into one Act the several Laws for appropriating the Public Revenue, the provisions of a general and contingent nature for discharging their Quota of the Requisition of the 2d. of August last, are, viz.
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The Contingent provision is
The surplus of the general Fund, if any should arise after certain appropriations specified by the above Act are satisfied. These Appropriations are, viz.
The objects constituting this Fund, are viz
Hence it appears, that no surplus can be expected from the general Fund towards the Requisition of the 2d. of August last; because the fixed appropriations exceed the amount of the whole Fund, including the tax on Wheels, which Tax (though formerly constituting part of the general Fund, and included in the above Estimate) is by the late Act for condensing the Appropriations of the Public Revenue, otherwise applied. But exclusive of these appropriations there are several others specified in the above Law whose amount cannot be ascertained. The result is that the Provision made by it cannot exceed 503,567 Dollars.1
[Note 1: 1 This amount should be 503,767 dollars.]
Having thus stated the appropriations, under the Act for amending and condensing the several Appropriation Laws, which may be applied towards the Requisition of the 2d. of August 1786, after that of the 27th. of September 1785 is satisfied and not before, (for such is the express direction of the Act) it is necessary to enquire what has resulted from the Appropriations made by the State for complying with that Requisition.
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The fact is, that nothing as yet has been paid into the General Treasury on account of it; and that the Commissioner of the Loan Office for the State of Virginia, expressly declares in a Letter to this Board of the 16h. of January last, "That no reliance can be placed on the half Tax for 1785, for complying with the Specie part of the Requisition for that Year." The amount of Indents of Interest issued in pursuance of it, which were in the hands of the State Treasurer on the 1st. of January last, is the only Sum which can be relied on towards the discharge of it. This Sum amounts to 130,654 Dollars. By adding it therefore to the amount of the Provision above stated, and comparing the aggregate with the States Quota on the Requisition of 1785, and 1786, it will appear what (if any) Surplus remains after the Requisition of 1785 is satisfied, towards the discharge of that of 1786.
So that there is only 121,447 Dollars beyond what is necessary to discharge the Requisition of the 27h. September 1785, which as we before observed, must by the Act of the State be first satisfied. It may be said, that the Specie arising from the special Requisition1 of the 21st. of October last, may be applied towards the discharge of that of the 2d. of August 1786. Supposing this to be the case (of which the Board have as yet no reason to be assured) the amount cannot exceed 50,000 Dollars, which added to above Sum of 121,447 Dollars would make the whole Provision for the Requisition of the 2d. of August last, 171,447 Dollars, which is 474,396 Dollars short of the Sum necessary to complete the States Quota of that Requisition.
[Note 1: 1 Journals, vol. XXXI, pp. 894--895.]
Under the circumstances above stated, we have not conceived ourselves justified in directing the Commissioner of the Loan Office, in
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the State of Virginia, to issue Indents of Interest on the Requisition of the 2d. of August last.
Having thus proved (and we trust in a satisfactory manner) that the Funds provided by the State, on account of that Requisition are by no means adequate, we proceed to consider, Whether it would be proper for the United States in Congress to direct the issue of Indents in the State of Virginia, notwithstanding the clause in the last Requisition restraining the issue of Indents where adequate Funds were not provided for discharging the Quotas of the several States.
The objects which the United States must have had in view in adopting the plan for certifying Interest on the Domestic Debt, and making the Evidences thereof receiveable in a certain proportion on the general Requisitions as Specie, must have been to facilitate the collection of the General Revenue, and to extend such relief, as they judged within their compass, to the Creditors of the Union. The first object becomes altogether unnecessary, where no Taxes for the general Requisitions are collected; and the latter will be frustrated, unless adequate Funds are established by the several States to absorb their respective Quotas.
Nor are these the worst consequences which will inevitably flow from continuing the issue of Indents of Interest without a due attention being paid to the means of their redemption. All the evils which have hitherto been so severely experienced from issuing a paper medium, without any Funds for its support, will again be renewed; And the United States in Congress must become responsible for them, should they justify the further issue of Indents, knowing as in the present instance, that no adequate Funds axe provided for their redemption.
It may be necessary in this place to inform Congress that, although under the Requisition of the 27th. of September 1785, no less a Sum in Indents of Interest has been already issued, than 1,554,375 Dollars (exclusive of the Interest issued to the States of Pennsylvania and New York on account of Certificates of the United States, belonging to those States) not a single Indent has as yet been paid into the Treasury in pursuance of it; If therefore the United States in Congress, should contrary to the express restriction in the Requisition of the 2d. of August last, permit the issue of Indents in any one State, where sufficient Funds are not provided for discharging its Quota, every State in the Union will under the same circumstances claim the same priviledge; and of course from the encreased quantity of unfunded
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Paper which will be thrown into circulation, the Public credit will be reduced to a still lower ebb than it is at present.
To the circumstances above stated, the Board beg leave to observe, that the mode adopted for certifying the Interest on the Public Debt, under the various forms it stands at present, is attended with a trouble and expence, infinitely greater than can be conceived by those who are unacquainted with its detail. If therefore the system of issuing Indents of Interest on the Domestic Debt should be persued, it will be impracticable for the Commissioners of the several Loan Offices to execute the same, under the present reduced System of that Department.
It is with regret that the Board observe that a strict adherence on their part, to their duty as Executive Officers, should expose the United States to the risque of not receiving from the State of Virginia that support towards the Expences of the Current Year, which at this critical period is so essentially necessary. They trust however, that on a candid investigation of this subject, they will stand justified in the Opinion of the United States; and that the Government of the State of Virginia will be convinced, that in adhering to the strict line of their duty, the Board have persued on the present subject of discussion, what is most consistent with the Public honor and interest.
Should this Report meet with the concurrence of the United States in Congress, the Board submit it to the opinion of that Honorable Body, whether it would not be advisable that a copy of the same should be transmitted to the Executive of the State of Virginia.
All which is humbly Submitted
Samuel Osgood
July 10th. 1787.
Arthur Lee
[Report of Secretary at War on Indian hostilities1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 259--270, read July 11, 1787. Made order of the day for July 15. See July 6, 9, 18, 19 and 21, 1787.]
The Secretary of the United States for the department of war to whom was referr'd sundry papers and letters respecting the hostilities on the frontiers of Virginia
Reports
That the frontiers of Virginia bordering on the Ohio have been in the course of the present year and probably still are involved in the greatest distress, by parties of hostile indians who plunder and murder the inhabitants.
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That the facts are authenticated by the letters and papers transmitted by the Executive of Virginia the letter of John Cleve Symmes Esqr. and the letter of the commanding officer of the troops, all of which accompany this report.
That from the representations contained in the aforesaid letters and other information prior thereto, it appears most probable that the depredations have been committed by the Shawanoese and the Wabash indians. That the measures necessary to put a stop to said enormities and effectually to prevent them in future demand the most serious attention of the United States.
But your Secretary apprehends that the deep rooted prejudices, and malignity of heart, and conduct reciprocally entertained and practised on all occasions by the Whites and Savages will ever prevent their being good neighbours. The one side anxiously defend their lands which the other avariciously claim. With minds previously inflamed the slightest offence occasions death, revenge follows which knows no bounds. The flames of a merciless war are thus lighted up which involve the innocent and helpless with the guilty. Either one or the other party must remove to a greater distance, or Government must keep them both in awe by a strong hand, and compel them to be moderate and just.
The right that each party assumes of being judges and prompt executioners in their own cause prevents all effectual interference, excepting by a legal coercive power, which shall make the necessary sacrifices to Justice, let them belong to which side they may.
But the small corps of troops on the Ohio would feebly support such a system, even were it not to interfere in its execution with the state governments.
The number of the troops are about five hundred. These are employed in garrisons and in the field to prevent intrusions on the public lands, to cover the surveyors and to protect the inhabitants of the frontiers. One third of the force is employed directly for the latter object. For which purpose one company is stationed at Venango, part of a company at Fort Mc. Intosh and two companies at the falls of the Ohio. But besides these detachments, the troops protecting the surveyors, and preventing usurpations, have the effect, to cover a very large district of country south of the Ohio, from the depredations of the Savages.
But as the surveys appear to be nearly suspended; and as it is probable that Congress may sen the country in a body from the seven
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ranges already surveyed to the river Scioto; the disposition of the troops may with propriety be changed, so as more immediately, to conform to the protection of the inhabitants.
In the opinion of your Secretary the complete protection of the frontiers, and the other objects of the United States in the western territory, would require a body of fifteen hundred men. For the want thereof, the public designs and interests languish. The Subjects of Spain have been plundered, And the whole western territory is liable to be wrested out of the hands of the Union by lawless adventurers, or by the savages whose imperfect perceptions render them unable to distinguish between the aforesaid description of persons, and the regular authority of the United States.
Were it practicable to raise and maintain such a body of troops, a chain of posts might be establish['d], which at once would awe the savages, cover the surveyors and prevent intrusions. The Chain to commence with a small garrison at Fort Pitt, to be connected by others established at Le Boeuf at the head of French Creek; thence a portage of twelve miles over to Presqu' Isle on Lake Erie; at Presqu' Isle; at Cuyahoga or the mouth of Sandusky Lake, whichever on examination should be found to be best calculated to secure boats and shipping; at the mouth of the Miami emptying into Lake Erie. The Miami Village, at the head of the River, a strong post of two hundred and fifty or three hundred men. The head of the Wabash. Post St. Vincents on the Wabash. The mouth of the Wabash. The mouth of the Ohio. This post would serve as well to curb the professed designs of the lawless, against our Spanish allies, as to evince to the world the dispositions and power of the United States to govern and control their own citizens. The chain would be continued from the mouth of the Ohio to Fort Pitt by small garrisons, at proper intervals, in order to prevent intrusions on the public lands.
But however dignified and important to the character and interests of the United States such a body of troops might be, it is to be regretted that the depressed state of the finances will not admit of the measure. It remains only therefore, that the troops actually in service on the Ohio, be so posted and ordered, as best to restrain the incursions of the savages and prevent usurpations of the public lands.
Your Secretary submits the following general disposition of the troops, giving however at all times full permission to the commanding
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officer, to make such changes, and alterations therein, as he shall judge the good of the service may require.
The tribes of indians who inhabit the south western and eastern parts of Lake Erie, seem peaceably inclined. The Shawanoes who were expelled from the Scioto last autumn, have removed to White Creek on the Wabash, and join'd the Wabash indians in their hostilities on the inhabitants of Kentucky. The greater part of the troops should therefore be advanced further down the Ohio. Small garrisons to be retained at Venango Fort Pitt and Fort McIntosh. One company at Muskinghum part of which to be posted high up on the river. One company high up the Miami and a small post at its mouth. Three companies to be establish'd at St. Vincents on the Wabash. The remaining troops amounting to two companies and upwards to be stationed at the post already established at the rapids in order as well to cover the settlements, as to afford succour to any post that may want it.
A strong post being established at St. Vincents will probably either curb the hostile indians, or induce them to remove to a greater distance, or incline them to peace.
In addition to this arrangement it will be necessary that a treaty be held at St. Vincents with Shawanoes and other Wabash indians in order to effect a peace. This business would particularly belong to the Superintendant. But as the misfortune of breaking his leg will probably incapacitate him for the present, if so, the business might with propriety be delegated to the commanding officer of the troops. That he should be empowered to make peace with the said indians on the terms prescribed to him by Congress. That he should also be empowered to maintain the said peace as far as the authority or interests of the United States should be concerned. That for this purpose he should have the power to confine and try all persons who should within the jurisdiction and territory of the United States injure or kill any of the indians or otherwise infract the treaty.
That such presents as Congress shall direct for the treaty be provided by the board of treasury.
That if after proper efforts a peace with the indians could not be obtained by reason of their wicked and blood thirsty dispositions the commanding officer should endevor by force to expel them from their towns or extirpate them.
That for this purpose he should collect the whole of his force excepting small garrisons for the respective posts. That he should have
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power to call upon the district of Kentucky and the frontier counties of Pennsylvania for a sufficient force for such time as would be necessary to effect his object, provided that the force so required should not exceed one thousand men from the counties of Virginia and five hundred from those of Pennsylvania.
That the commanding officer of the troops of the United States should have the sole direction and command of the expedition. And that the expences thereof should be borne by the Union.
That the Board of Treasury should concur with the Secretary at War in providing the rations, means of transportation and other supplies which should be necessary for such an expedition.
That the pay of the militia so called into service should be the same as the pay of the regular troops.
That the States of Virginia and Pennsylvania should pay their respective militia and that the same should be allowed to the said states out of the requisitions ofprovided however that no charge for pay rolls for said service be valid unless the said pay rolls be corroberated and supported by actual musters of said militia made by the inspector or by a field officer of the troops of the United States agreeably to the orders of the commanding officer.
In the present embarrassed state of public affairs and entire deficiency of funds an indian war of any considerable extent and duration would most exceedingly distress the United States. The great distance by land which the stores and supplies must be transported would render the expences intolerable.
If in the event it should be found necessary to commence with an attack on the Wabash indians it will be very difficult if not impracticable to prevent the other tribes from joining them. The Officers or traders at the British posts would use every art and intrigue for that purpose.
The expedients herein proposed of posting the troops so as to awe the savages and endevoring by treaties and presents to incline them to peace are the most rational that can be devised by your Secretary.
An attempt to treat appears to be indispensible even if a war should be the result As At present the disputes between the indians and whites seem to be involved in such a reciprocity of injuries and murders that it may be difficult for the public to judge impartially which is in the wrong. It will be necessary to examine before we
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strike. Whenever the United States declare war it is to be hoped that it will be war founded on the immutable principles of Justice.
All which is humbly submitted
H Knox1
[Note 1: 1 July 11, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 152, the letters of Mr. Dumas, particularly that of November 17, 1786, respecting the house of the United States at the Hague, were referred the Secretary for Foreign Affairs to report. Report rendered July 24, 1787. See July 6, 1787.]
War Office July 10, 1787
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