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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 --1THURSDAY, JULY 19, 1787.


Journals of the Continental Congress, 1774-1789 PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journals of the Continental Congress, 1774-1789
1THURSDAY, JULY 19, 1787.

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Link to date-related documents.

Congress assembled. Present as before.

[Note 1: 1 Charles Thomson takes up the entry.]

The comee.2 consisting of Mr [Nathan] Dane Mr [Benjamin] Hawkins Mr [Melancton] Smith, Mr [John] Kean and Mr [Edward] Carrington to whom was referred a report 3 of the Secretary at War relative to incursions and depredations on the frontiers of Virginia by the Wabash Indians the Shawanese and other hostile tribes having reported4 "That the superintendant of Indian affairs for the northern department and in case he be unable to attend then col Josiah Harmar immediately proceed to post St Vincents or some other place more convenient in his opinion for holding a treaty with those indians, inform that Congress is sincerely disposed to promote peace and friendship between their citizens and the

[Note 2: 2 Appointed July 18, 1787.]

[Note 3: 3 See July 11, 1787.]

[Note 4: 4 The original report, in the writing of Nathan Dane, is in Papers of the Continental Congress, No. 27, pp. 329--332. It is indorsed as acted on July 21, 1787. The introduction to the report is as follows:--
"The Committee consisting of [Mr. Nathan] Dane Mr. [Benjamin] Hawkins, Mr. [Melancton] Smith Mr.[John] Kean and Mr [Edward] Carrington to whom was referred the report of the Secretary at war relative to the Incursions and depredations made on the frontiers of Virginia, by the Wabash Indians, the Shawanese and other hostile tribes report, that the repeated hostilities committed by those Indians and the frontier settlers of Virginia during the last and present year; the animosities subsisting between them, the effects of mutual Injuries, and which must be followed by the calamities of a General Indian war unless their further progress be prevented, demand, in the Opinion of the Committee, the immediate attention of Congress, that it is become indispensably necessary for the Government of the United States to make Strict inquiry into the Causes of those hostilities to punish the aggressors, and to prevent adopt effectual measures to prevent the repetition of the evils and wrongs complained of. Wherefore they submit the following resolves,"
Also at the end of the report there is the following paragraph which is not entered in the Journal:
"Resolved that the person who said Superintendant of or the said Colo. Harmar whichever of them shall negociate the said treaty be authorised to make proper presents to the said Indians on their agreeing to the same not exceeding the value ofDollars." According to Reports of Committees, Papers of the Continental Congress, No. 189, p. 25, this report was filed.]


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Indians and has determined to pursue effectual measures for punishing with strict justice and impartiality the aggressors on either side.

A motion was made by Mr [Melancton] Smith seconded by Mr [Abraham] Yates to strike out the words "has determined to pursue effectual measures for punishing with strict justice and impartiality the aggressors on either side" and on the question shall those words stand the yeas and nays being required by Mr [William] Grayson

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So the question was lost and the words were struck out.

The report being further amended to read as follows

"That the Superintendant of Indian affairs for the Northern department and in case he be unable to attend then col Josiah Harmar immediately proceed to post St Vincents or some other place more convenient in his Opinion for holding a treaty with those Indians, inform, that Congress is sincerely disposed to promote peace and friendship between their citizens and the Indians and that to this end he is sent to invite them in a friendly manner to a treaty with the United


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States to hear their complaints to know the truth and the cause of their quarrels with those frontier settlers and having invited those Indians to the treaty he shall make strict enquiry into the causes of their uneasiness and hostile proceedings and form a treaty of peace with them if it can be done on terms consistent with the honor and dignity of the United States.1

[Note 1: 1 This paragraph is the same as the original report except for the clause struck out above.]

That the Secretary at War place the troops of the United States in such positions as shall afford the most effectual protection to the frontier inhabitants of Pensylvania and Virginia from the incursions and depredations of the Indians, for preventing intrusions on the federal lands and promoting a favourable issue to the intended treaty.2

[Note 2: 2 The second half of this paragraph of the original report, here omitted, is included in the passage on July 21.]

That the executive of Virginia be requested to give orders to the militia in the district of Kentucky to hold themselves in readiness to unite with the federal troops in such Operations as the Officer commanding them may judge necessary for the protection of the frontiers; and that on the application of the commanding Officer of the federal troops the said executive be requested to give orders that a part of the said militia not exceeding one thousand be embodied and take such positions as the said officer shall direct for acting in conjunction with the federal troops in protecting and defending the frontier inhabitants and in making such expeditions against the Indians in case they continue hostile as Congress shall order and direct. And in case the militia shall be called into the actual service of the United States for the defence of the said frontier inhabitants or the purposes of such expeditions, their pay and rations while so employed shall be the same as the pay and rations of the regular troops, and the expenses thereof shall be borne by the Union. That the State of


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Virginia shall pay and support their militia and be allowed therefor in the requisition of the current year provided the price of the ration shall not exceed the allowance made for the ration to the federal troops and provided that no charges for the said service shall be valid unless supported by actual musters of the said militia made by the inspector or by a field Officer of the troops of the United States agreeable to the Orders of the commanding Officer.1

[Note 1: 1 This paragraph reads as follows in the original report:
"Resolved that the executive of Virginia be requested to give orders to the militia in the District of Kentucky to hold themselves in readiness to unite with the federal troops, in such operations as the Officers commanding them may Judge necessary for the protection of the Frontiers, and that the executive of pennsylvania be requested to give like orders to the militia in the frontier Counties of that State; and that on the application of the Commanding officer of the federal troops the [sd.] executives of pennsylvania and of Virginia, respectively. be requested to give orders that a part of the said militia not exceeding 700 Virginia and 500 in pennsylvania, [1000] be embodied and take such positions as the said officer shall direct for acting in conjunction with the federal troops in protecting and defending the frontier Inhabitants and in making such expeditions against the Indians in Case they continue hostile as Congress shall hereafter order and direct.
"And in Case the militia shall be called into the actual Service of the United States, for the defence of the said frontier Inhabitants, or the purposes of such expeditions their pay and rations, while so employed, shall be the same as the pay and rations of the Regular troops and the amount [expences] thereof shall be allowed borne by the Union, that the States of pennsylvania and Virginia shall pay and support their respective militia and be allowed therefor in the requisition of the current year [and] provided however that no charges for the said service shall be valid, unless supported by Actual musters of the said militia made by the Inspector or by a field Officer of the troops of the United States Agreeable to the orders of the Commanding Officer."]

And to prevent wanton Attacks upon the Indians by lawless men which so essentially tend to destroy all peace and friendship with the indian Nations and to expose to their merciless revenge not only the few guilty but all the innocent and industrious inhabitants of the frontiers, that no person shall be allowed to pass within the jurisdiction and territory of the United States north west of the river Ohio without a permit from the said Superintendent, the Commander of the troops, the geographer of the United States or the commanding


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officer of a separate post; And any person unlawfully passing in the same without such permit or who shall therein murder any indian or injure him in his person or property shall be arrested by the Officers commanding the troops and tried and punished in all cases prior to the establishment of civil law in the said territory for the prevention of offences, by law martial in the same manner as the regular soldiers are tried and punished for the like offences."1

[Note 1: 1 This paragraph is the same as the original report. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 153, it was referred to a committee consisting of Mr. Nathan Dane, Mr. William Grayson and Mr. Abraham Clark. Report rendered July 26, 1787.]

A motion was made by Mr [William] Irwine seconded by Mr [Abraham] Yates that the further consideration of the report be postponed. And on the question to postpone the yeas and nays being required by Mr [William] Irwine

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So it passed in the negative.

A motion was then made by Mr. [Nathan] Dane seconded by Mr [Samuel] Holten to amend the report further by striking


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out the sentence "And in case the militia shall be called into actual service &c to federal troops inclusive and in lieu thereof inserting

And the militia which shall be called into the actual service of the United States for the defence of the said frontier inhabitants or the purposes of such expeditions shall be paid supported and equipped by the state, and the state shall be credited in the requisition of the current year the amount of their pay and rations only, computed on the federal establishment. And on the question to agree to this Amendment the yeas and nays being required by Mr [Nathan] Dane

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So the question was lost.1

[Note 1: 1 July 19, 1787. According to indorsement the following were read:
Report of the Committee of July 18 on the instruction to Mr. Adams. Papers of the Continental Congress, No. 25, II, pp. 473--475. It was passed July 20, where it is entered in the Secret Journal. See April 23, 1787.
Petition of John Armstrong et al, trustees of Dickinson College, July 7, 1787, requesting Congress to rent or sell to them part of the public buildings at Carlisle, Pennsylvania. Papers of the Continental Congress, No. 42, VII, p. 489. Acted on October 17, 1787. See July 20 and 23, 1787.]

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