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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 18, 1787.
Congress assembled present as yesterday.
On a report2 of the board of treasury to whom was referred a letter of the 6th from the Secy at War together with an Account of Mr Alexander Droomgoole for expences charged by him against the United States for accompanying certain Indians to Philadelphia.
[Note 2: 2 The original report, signed by Samuel Osgood and Arthur Lee, is in Papers of the Continental Congress, No. 139, pp. 539--542, with covering letter on p. 543. It was read and agreed to on July 18, 1787. See July 9, 1787.]
That the said Alexander Dromgoole charges for the Expences of himself, and those of Sconetayah a Chief of the Cherokee Nation to the City of Philadelphia, whilst on their route to Congress, the Sum of One hundred and fifty seven Pounds, fourteen Shillings Pennsylvania Currency; and for the further expence on their return home Eighty five pounds, Ten Shillings like Money, making in the whole the Sum of Two hundred and forty two Pounds, four Shillings Pennsylvania Currency, equal to 645 78/90ths Dollars.
That on account of this Claim he received from the Public Stores by order of the Secretary at War sundry Articles, and in Cash to the amount of Two hundred and ninety eight Dollars.
The Board further Report, That exclusive of the above Sum there has been advanced to Mr John Woods, who lately accompanied two Chiefs of the Choctaw and Chickesaw Nations to Philadelphia on their route to Congress the Sum of Two hundred Dollars; one hundred of which has been advanced by the State of Virginia, and one hundred
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by the State of Maryland; And that the State of Pennsylvania had agreed to provide the necessary means to enable them to return to their own Country by the way of Fort Pitt.
Exclusive of the above expences an Account has been exhibited to this Board of Articles furnished the above Indians and Conductors by order of the Secretary at Wax to the amount of £140:4/6 Pennsya Currency, equal to 373 84/90 Dolls.
From the above statement it appears, that the expence attending the Visit of the Indians abovementioned, will not be less than Twelve hundred Dollars, including what will be probably Advanced by the State of Pennsylvania to defray their Travelling charges homewards. At a time when the Monies arising from the general Requisitions will scarcely support the expences of the Civil Government, it becomes in a peculiar manner the duty of this Board to inform Congress, that the various visits which have from time to time been made by Indians of different Tribes to the Seat of Congress, have already been attended with a very considerable and unnecessary expense; And that it will in all probability encrease, if Traders amongst the various Tribes may without any Authority, undertake to conduct Indians from tune to time to the Seat of Congress under the pretence of Public Business.
However proper therefore it is in the present instance to authorise the expences which have attended the late visit from the Southern Indians (and which are probable less than they otherwise would have been, if the Secretary at War had not taken measures to induce them to return home without coming on to this City) the Board beg leave to suggest the propriety of adopting immediate measures for checking a source of expence which is so fertile of abuse; and for this purpose they recommend to the consideration of Congress the following Resolves, viz.
Resolved That Congress approve the measuresby 9 states taken by the Secy at war with respect to the Indian chiefs of the Cherokee Choctaw and Chickasaw tribes
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on their late visit to the seat of Congress and that the expences attending the same be allowed.
Resolved That all communications to the do United States in Congress from the Indian tribes ought to be made through the Superintendants of Indian Affairs.
Resolved That if any trader or other person do shall without the Authority of the said Superintendants undertake to conduct any Indian or Indians to the seat of Congress, he shall be responsible for all expences which may attend the same; and further that where the person so acting as a conductor shall be a trader, his license to trade with the said Indians shall become forfeited and the same shall at no time thereafter be renewed.
Resolved That the superintendants of Indian do Affairs be instructed to make public the foregoing resolutions and to govern themselves accordingly.
1On a report2 from the Secretary for foreign Affairs to whom was referred a treaty3 lately concluded with the Emperor of Morocco, Congress ratified the said treaty in the manner and form following.
[Note 1: 1 From this point to the end of the treaty, the proceedings, excepting the text of the treaty, are also entered by John Fisher and attested by Charles Thomson, in the Secret Journal Foreign, Papers of the Continental Congress, No. 6, III, pp. 377--380. They are also entered by Thomson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, III, pp. 1616--1619.]
[Note 2: 2 Read May 8, 1787. See April 12, 1787.]
[Note 3: 3 The original translation, certified by Thomas Barclay and ratified by John Adams and Thomas Jefferson, is in Papers of the Continental Congress, No. 91, pp. 215--229. A printed copy of the treaty, signed by Charles Thomson, is in Papers of the Continental Congress, Broadsides. See Hunter Miller, Treaties and other International Acts of the United States of America, vol. II, pp. 186--218.]
The United States of America in Congress assembled to all who shall see these presents, Greeting
Whereas the United States of America in Congress assembled by their commission bearing date the twelfth day of
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May one thousand seven hundred and eighty four thought proper to constitute John Adams, Benjamin Franklin and Thomas Jefferson their Ministers plenipotentiary giving to them or a majority of them full powers to confer treat and negociate with the Ambassador, Minister or Commissioner of his Majesty the emperor of Morocco concerning a treaty of amity and commerce to make and receive propositions for such treaty and to conclude and sign the same transmitting it to the United States in Congress assembled for their final ratification; and by one other commission bearing date the eleventh day of March one thousand seven hundred and eighty five did further empower the said Ministers plenipotentiary or a majority of them by writing under their hands and seuls to appoint such agent in the said business as they might think proper with authority under the directions and instructions of the said ministers to commence and prosecute the said negociations and conferences for the said treaty, provided that the said treaty should be signed by the said Ministers; And whereas the said John Adams and Thomas Jefferson two of the said Ministers plenipotentiary (the said Benjamin Franklin being absent) by writing under the hand and seal of the said John Adams at London October the fifth one thousand seven hundred and eighty five and of the said Thomas Jefferson at Paris October the eleventh of the same year did appoint Thomas Barclay Agent in the business aforesaid giving him the powers therein which by the said second commission they were authorised to give and the said Thomas Barclay in pursuance thereof hath arranged Articles for a treaty of amity and commerce between the United States of America and his Majesty the Emperor of Morocco which Articles written in the Arabic language confirmed by his said Majesty the emperor of Morocco and sealed with his royal seal being translated into the language of the said
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United States of America together with the attestations thereto annexed are in the following words, to wit,
"In the name of Almighty God
This is a treaty of peace and friendship established between Us and the United States of America which is confirmed and which we have ordered to be written in this book and sealed with our royal seal at our court of Morocco on the twenty fifth day of the blessed Month of Shaban, in the year one thousand two hundred trusting in God it will remain permanent.
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the Commander shall alone be sufficient to exempt any of them from examination.
on shore on any part of our Coasts, she shall remain at the disposition of the owners, and no one shall attempt going near her without their approbation as she is then considered particularly under our protection; and if any Vessel of the United States shall be forced to put into our ports by stress of weather or otherwise, she shall not be compelled to land her Cargo, but shall remain in tranquility until the commander shall think proper to proceed on his Voyage.[Note 1: 1 At this point John Fisher takes up the entry.]
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Vessel shall transport his Cargo on board another Vessel, he shall not be detained in port longer than he may think proper, and all persons employed in loading and unloading goods or in any other labor whatever shall be paid at the customary rates, not more and not less.
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each other, the Consul shall decide between the parties and whenever the consul shall require any aid or assistance from our government to enforce his decisions it shall be immediately granted to him.
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application shall be made for an arrangement, and until that application shall be rejected, no appeal shall be made to arms. And if a war shall break out between the parties, nine months shall be granted to all the Subjects of both parties to dispose of their effects and retire with their property. And it is further declared that whatever indulgences in trade or otherwise shall be granted to any of the Christian powers, the Citizens of the United States shall be equally entitled to them.
We have delivered this Book into the hands of the before-mentioned Thomas Barclay on the first day of the blessed month of Ramadan in the year one thousand two hundred.
I certify that the annexed is a true copy of the translation made by Isaac Cardoza Nunez, Interpreter at Morocco, of the Treaty between the Emperor of Morocco and the United States of America.
(Signed) Thos. Barclay
Additional Article
Grace to the only God.
I the under written, the servant of God, Taller Ben Abdelkack Tennish, do certify that his Imperial Majesty my master (whom God preserve) having concluded a treaty of peace and Commerce with the United States of America, has ordered me the better to compleat it, and in addition to the tenth Article of the treaty to declare "That if any vessel belonging to the United States shall be in any of the ports of His Majesty's dominions, or within gun shot of his forts, she shall be protected as much as possible and no Vessel whatever belonging either to Moorish or Christian powers with whom the United States may be at war shall be permitted to follow or engage her as we now deem the Citizens of America our good friends."
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And in obedience to his Majesty's Command, I certify this declaration by putting my hand and seal to it, on the eighteenth day of Ramadan in the year one thousand two hundred.
(Signed)
The Servant of the King my master whom God preserve
Taher Ben Abdelkack Tennish
1I do certify that the above is a true copy of the translation made at Morocco by Isaac Cordoza Nunez, interpreter of a declaration made and signed by Sidi Hage Taher Fennish in addition to the treaty between the Emperor of Morocco and the United States of America which declaration the said Taher Fennish made by the Express directions of his Majesty
[Note 1: 1 This paragraph is in the writing of Charles Thomson.]
(signed) Thomas Barclay."2
[Note 2: 2 The original ratification of Adams and Jefferson, which follows at this point, was not incorporated in the ratification by Congress.]
And Whereas the said John Adams and Thomas Jefferson Ministers plenipotentiary aforesaid by writing under their respective hands and seals duly made and executed by the said John Adams on the 25th January 1787, and by the said Thomas Jefferson on the lst. day of January 1787, did approve and conclude the said Treaty and every Article and clause therein contained, reserving the same nevertheless to the United States in Congress Assembled for their final ratification. Now be it Known that we the said United States of America in Congress Assembled, have accepted, approved, ratified and confirmed, and by these presents do accept, approve, ratify, and confirm the said Treaty and every Article and clause thereof.
In testimony whereof we have caused our Seal to be hereunto affixed. Witness his Excellency Arthur St. Clair our President, at the City of New-York, this 18th day of July in
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the year of our Lord 1787, and in the twelfth year of our Severeignty and Independence.
1Ordered That the Secretary for foreign Affairs prepare the draught of a letter to the Emperor of Morocco to accompany the ratification of the treaty with his Majesty.2
[Note 1: 1 From this point to the end of the day the proceedings are entered by John Fisher and attested by Charles Thomson in Secret Journal Foreign, Papers of the Continental Congress, No. 6, pp. 380 and 376--377. The orders referring to the Moroccan treaty are also entered by Thomson in Secret Journal, Foreign Affairs, Papers of the Continental Congress, No. 5, p. 1619 and the proceedings regarding Hannah Stephens, by Benjamin Bankson, ibid, pp. 1612--1613 and on margin of p. 1618.]
[Note 2: 2 These two orders are noted as referred to the Secretary for Foreign Affairs in the Committee Book, Papers of the Continental Congress, No. 190, p. 153. Report was rendered July 23, 1787.]
Chas Thomson Secy.
Ordered That the Secretary for foreign Affairs prepare the draught of a letter of thanks to his Catholic Majesty for his good Offices in promoting a treaty between the United States of America and the Emperor of Morocco.2
[Note 22: 2 These two orders are noted as referred to the Secretary for Foreign Affairs in the Committee Book, Papers of the Continental Congress, No. 190, p. 153. Report was rendered July 23, 1787.]
Chas Thomson Secy.
On a report3 of the Secretary of the United States for the department of foreign Affairs to whom was referred a petition4 from Hannah Stephens praying that her Husband be redeemed from Captivity at Algiers, and also a letter5 from the Honorable T. Jefferson proposing that a certain order of priests be employed for such purposes.
[Note 3: 3 See May 2, 1787.]
[Note 4: 4 See April 23, 1787.]
[Note 5: 5 Dated February 1, 1787. See April 18, 1787.]
Resolved That the Honorable T. Jefferson Esquire the minister of the United States at the Court of Versailles be, and he hereby is authorised to take such measures
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as he may deem most adviseable for redeeming the American Captives at Algiers, and at any expence not exceeding that which European Nations usually pay in like cases.
Resolved That the Board of Treasury be and they hereby are directed to provide ways and means for enabling Mr. Jefferson to defray the said expences, either by remitting money from hence or by a Credit in Europe.
Chas Thomson Secy.
[Letter of Board of Treasury regarding loan officer1]
[Note 1: 1 Papers of the Continental Congress, No. 140, I, p. 387, read July 18, 1787. The letter of Cochran to the Board of Treasury, July 14, 1787, read July 18, is in Papers of the Continental Congress, No. 78, VI, pp. 335--337. See July 20 and October 2, 1787.]
Board of Treasury
July 18th. 1787.
Sir: We do ourselves the honor of submitting to the consideration of Congress, a Letter received by this Board from John Cochran Esqr. Loan Officer of the State of New York, dated the 14th. Instant.
We are with the greatest respect etc.,
Samuel Osgood
Arthur Lee
His Excelly.
The President of Congress
[Report of Secretary at War relative to Southern Indians2]
[Note 2: 2 Papers of the Continental Congress, No. 151, pp. 275--282 read July 18, 1787. See July 21, 1787. According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 25, this report was filed.]
The Secretary of the United States for the department of war to whom was referred the papers relative to the SoUthern indians
Reports
That the papers relative to the Creek and Cherokee nations of indians, state certain encroachments on the lands claimed by said indians.
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That the State of Georgia is involved in a serious dispute with the Creek nation, respecting certain lands on the river Oconnee. That the ill temper on this subject has risen to such an height, as to render it highly probable, that the said indians have commenced, or soon will commence hostilities on the frontiers of said State, unless some unexpected compromise should be effected.
That however important to the interests of humanity it may be, that expedients should be devised, to prevent the effusion of blood, yet circumstanced as the case is, an interference by the United States, seems to be attended with peculiar embarrassments. The power given by the Confederation, to the United States "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" is perhaps, too inexplicit to be applied as a remedy in the present case. The Creeks are an independent tribe, and cannot with propriety be said to be members of the State of Georgia, yet the said State exercises legislative jurisdiction over the territory in dispute. Therefore as the claims of lands are the great source of difference and hostility between the Whites and Indians the before recited power, appears to be entirely unavailing, according to state constructions, in all cases within the jurisdiction of an individual state.
Indeed all effectual interference of the United States, seems excluded in any territorial disputes, between the independent indians, and inhabitants of North Carolina and Georgia, excepting by virtue of one or the other of the following principles.
Waving the discussion of the constitutional propriety of any other principle of interference, Your Secretary conceives, that the latter is
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the only one, which would probably be acceeded to by the said States. He therefore submits to Congress the consideration of their again pressing on the said States the several recommendations of Congress on the subject of ceding territory to the United States. And that the business might have the greatest possible weight, he further suggests the proprietary of appointing commissioners to represent to the legislatures of said States, the necessity and importance of such cessions, for their individual interest and happiness, as well as for the interest and happiness, of the Union in general.
Should Congress think proper to adopt any mode as a basis of negociation with Georgia, and North Carolina, an expedient might be devised, which perhaps would dissipate the cloud that seems impending over Georgia. Provided that the legislature of said State, should express their approbation of the proceedings of Congress on the subject, and pledge themselves to make a liberal cession to the United States as soon as the nature of the case would admit.
The Superintendant might be instructed to repair to the Creek nation, and to inform them that Congress were pursuing every constitutional method in their power, in order to adjust amicably, as soon as possible, the differences between the State of Georgia and the said Creeks. But that while the negociations should be depending, that it would be the just expectations of Congress that they abstained from all acts of violence. That if however notwithstanding this intimation, they should commit hostilities on the frontiers of Georgia they may be assured that Congress will make the war that should ensue the common cause of the United States.
That the commissioners to be appointed as aforesaid represent forcibly to the legislature, of North Carolina that their repeal of their act of the 2d. of June 1784 ceding a certain portion of their western claims has involved the United States as a Sovereign nation in the deepest disgrace and humiliation. That the treaty1 made by the Commissioners of the United States at Hopewell on the Keowee November 28, 1785 has been flagrantly violated by the usurpation of the lands assigned by the said treaty as the hunting grounds of the Cherokees.
[Note 1: 1 Journals, vol. XXX, pp. 187--190.]
That Congress have received strong complaints from the said indians on the Subject and requests for redress. That the Chickesaws and Choctaws have also expressed their uneasiness and apprehensions on the same subject, all of which tribes have sent some of their own
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chiefs to Congress. That the Creeks are about to commence hostility and that there is the greatest reason that a general hostile confederacy of the Southern indians will be speedily formed.
That Congress have already received indisputable evidence that a general confederacy has been formed of nearly all the indians to the Northward of the Ohio within the limits of the United States. That this is headed and directed by Joseph Brandt a man of great influence and reputed abilities.
That it is apparent from every representation that unless the United States do in reality possess the power "to manage all affairs with the independent tribes of indians" to observe and enforce all treaties made by the authority of the union that a general indian war may be expected.
That to avert a calamity so ruinous to the States which should be immediately involved therein as well as injurious to the United States in general, and also to produce the benefits pointed out by the acts1 of Congress of the 6th. September 1780 Congress do solemnly request an immediate attention to the subject of the cessions.
[Note 1: 1 Journals, vol. XVII, pp. 806--807.]
That in case the state of North Carolina comply with the said recommendation Congress will take the most vigorous measures by the troops of the Union to carry into full effect the true intent and meaning of the treaty made at Hopewell on the Keowee November 28, 1785 and establish the boundary therein specified.
On the Subject of the papers respecting the Chickesaw and Choctaws Your Secretary is of opinion, that it is highly politic and proper that the treaty and the expectations of said indians of being supplied with goods by the citizens of the United States should be fully complied with.
That therefore the Superintendant of the Southern district be directed to report immediately the measures that have been taken to supply the Choctaws and Chickesaws with articles of merchandize.
Your Secretary is also of opinion that the United States would derive considerable strength in the minds and affections of the indians by complying with their requests for medals gorgets wrist and arm bands with the arms of the United States impressed or engraved thereon. The expence of the measure would not mount to a very large sum as all the tribes now possessing those which heretofore were presented by Great Britain are willing to deliver them up to the United
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States on their receiving others. On this point the following resolve is submitted,
That the Board of Treasury have completed immediately for the Southern and Northern tribes of indians, silver medals, gorgets, wrist and arm bands with the arms of the United States impressed or engrav'd thereon agreeably to the descriptions and numbers which shall be required by the Superintendants of the indian Affairs for the northern and southern districts.
All which is humbly submitted
War Office July 18, 1787 H Knox
[Letter of Secretary at War on Indian Affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, II, p. 389, read July 18, 1787. The five enclosures are copies: no. 1, letter of Richard Butler to Knox, July 6, 1787, pp. 369--371; no. 2, speech of the United Indians, December 18, 1786, pp. 381--387; no. 3, Joseph Brandt to Knox, December 18, 1786, p. 401; no. 4, Joseph Brandt to Butler, May 16, 1787, pp. 397--398; and no. 5, address of Captain Pike and Half King to Congress, p. 393.
According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 153, these papers were referred to the Secretary at War to report. Report rendered July 21, 1787. See July 31, 1787.]
War Office July 18, 1787
Sir: I have the honor herewith to enclose to Congress, important communications from the Superintendant of Indian affairs for the Northern district.
I have the honor to be etc.,
H. Knox2
[Note 2: 2 July 18, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 153, the following committees were appointed:
Mr. Nathan Dane, Mr. Benjamin Hawkins, Mr. Melancton Smith, Mr. John Kean and Mr. Edward Carrington on the report of the Secretary at War on Indian hostilities. Report rendered July 19. See July 11 and 21, 1787.
Mr. John Kean, Mr. Richard Henry Lee and Mr. Nathan Dane on the report of the Secretary for Foreign Affairs on instructions to Mr. Adams. Report rendered July 19. See April 23, 1787.
According to indorsement the following were read:
Petition of Andrew McFarlan, regarding payment for supplies furnished the Indians. Papers of the Continental Congress, No. 42, V, pp. 399--400. Filed July 20, 1787. See petition read April 19, 1787.
Petition of various persons of Montgomery County, New York, for the appointment of Peter Schuyler as superintendent of Indian Affairs for New York. Papers of the Continental Congress, No. 42, VII, pp. 291--293. Filed July 20, 1787.]
His Excellency
The President of Congress
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