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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 --SATURDAY, JULY 21, 1787.
Congress assembled present as before.
Congress resumed the consideration of the report1 of the Comee. on the report of the Secy at War relative to incursions and depredations on the frontiers of Virginia by the Wabash Indians, the Shawanese and other hostile tribes and thereupon
[Note 1: 1 See July 19, 1787.]
Resolved 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 the Wabash Indians, the Shawanese and other hostile tribes, that he inform those Indians that Congress is sincerely disposed to promote peace and friendship between their citizens and the Indians; that to this end he is sent to invite them in a friendly manner to a treaty with the United States to hear their complaints, to know the truth and the causes 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.
Resolved That the Superintendant of Indian Affairs for the Northern department inform the five Nations, the Hurons and other Indian nations who joined in the representation made to Congress dated 18th day of December 1786 that Congress on the 18th of the present month July 1787 received their said representation and have taken it into their serious consideration and in due time will send them an Answer.2
[Note 2: 2 This resolution was added to the original report upon a motion, which, in the writing of Mr. Nathan Dane, is in Papers of the Continental Congress, No. 27, p. 333. After the word "consideration" the original reads as follows: "are deliberating on what the Indians has said to them and will determine relative to the treaty they have proposed, and in the meantime will send them an answer and that Congress expect they will refrain from all hostilities in the mean time."]
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Resolved 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; to this end one company and a half shall remain at Venango, Fort Pitt and fort McIntosh, one be posted on the Muskinghum, one on the Miami; three at post St Vincents and the remaining troops at the rapids of the Ohio, subject however to such changes and alterations as the commanding officer shall judge the good of the service may require.
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 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 commanding 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 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 for similar service; 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.
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Resolved That the board of treasury take Order for providing for the subsistance of the Indians during the treaty and for defraying the incidental expences attending it, provided the said incidental expences shall not exceed one thousand dollars.
On the question to agree to the foregoing Resolutions as one entire Act the yeas and nays being required by Mr [Abraham] Yates
{table}
So it was resolved in the Affirmative.
On Motion of Mr[Benjamin] Hawkins seconded by Mr
Ordered1 That the Secretary at War report to Congress the number of medals large and small and gorgets necessary for the chiefs of the five Nations and other Vide Comtee. Book 23 July 1787 Northern and Western tribes and the four Southern Nations with the form of a commission to be presented to the same in the name of the United States.
[Note 1: 1 This order is entered by Thomson verbatim under the date of July 23, in the Committee Book, Papers of the Continental Congress, No. 190, p. 157.]
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[Report of Secretary at War on Indian Affairs 1]
[Note 1: 1 Papers of the Continental Congress, No. 151, pp. 283--289, read July 21, 1787. A broadside of this report is in Papers of the Continental Congress, No. 27, pp. 346--347. Made order for Tuesday, July 24. See July 18, 25 and 31, 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 were referred certain papers transmitted by the Superintendant of Indian Affairs for ye. Northern department
Reports,
That the message to Congress, from the chiefs of the several tribes of Indians who assembled near Detroit in December last, and the other papers transmitted by the Superintendant of Indian Affairs, for the Northern district, are so authentic and conclusive, as to leave no doubt that a confederacy has been formed by most of the tribes to the northward of the Ohio.
That numerous tribes of savages being thus bound together by a league, liable to be brought into active hostility by a single impulse of caprice, or any other cause, is a ground of serious apprehension to the United States; and which requires the exercise of the highest wisdom, and policy, in order to counteract the same.
That the design is so comprehensive and perplexing to the United States, as reasonably to excite a well grounded suspicion, that it has been dictated by the subtle policy of the british chief, in Canada, for purposes that are yet to be developed. But, however this conjecture may be founded, or whatever may be the influence, or motives which effected the confederation, your Secretary apprehends, that it now has assumed a form, and power, which renders a war, or a treaty inevitable. A slight consideration of the subject will enable the mind to form a satisfactory result of the measure which ought to be pursued.
Independent of the general but strong principles of humanity which ever forbid a war for an object which may be obtained by peacable and honorable means; it is to be apprehended that the finances of the United States are such at present as to render them utterly unable to maintain an Indian war with any dignity or prospect of success. If it be true that the public treasury is so exhausted as to prevent efficient and oeconomical arrangements, the United States must have recourse to the expedient of requisition for the militia of the several States and of distributing the public Arms to them which will be
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totally lost. Specific supplies must also be requested of the several States which, besides being incompetent to the object, will form an enormous addition to the national debt.
But even supposing that everything could be obtained in order to make a successful war, a peace must ultimately take place with the indians by a treaty, and equal or superior sums expended therein to those which now might be effectual.
The invitation to the treaty is so artfully drawn that unless it be attended to by the United States, and a war should ensue, it will operate as a manifesto, by which it will appear that we preferred War to Peace. The appeal being made, the United States may have the verdict of mankind against them; for men are ever ready to espouse the cause of those who appear to be oppressed provided their interference may cost them nothing; But the consequence may fix a stain on the national reputation of America.
In every point of view which your Secretary has been able to place this subject, the result has been clearly and decidedly in favor of complying with the propositions for a treaty. He is aware that the subject of treaties which have been made, and the boundaries of the territory then fixed, may be again discussed. But even in this case it may be wise to extinguish with a small sum of money, a claim which otherwise may cost much blood and infinitely more money. A recurrence to the custom of Britain on this point will evince, that they thought a treaty and purchase money for land, was the most prudent measure and in no degree dishonorable to the nation. In some cases however they expended great sums to carry expeditions into the indian country, but afterwards were compelled to effect by treaty the objects that were found too expensive or too impracticable to effect by arms.
Although no data can be assumed to calculate with any precision the duration of a war with the confederated indians yet it is presumed that it ought not to be estimated less than two campaigns with 2500 or 3000 men to be employed in each. The expence of such an armament if successful for the two years could not be estimated less than two millions of dollars, one million for each year, besides the invaluable lives which would be sacrificed on the occasion, and the immense distress and loss to the nation by the abandonment of the frontiers. It is presumed that a treaty might be made, the whole expences of which including the total extinguishment of all indian claims to the
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territory marked out by the treaties heretofore made, would not exceed the sum of twenty thousand dollars.
As the treaty, if Congress should think proper to adopt the idea, would be extremely important and probably serve as a basis to all future treaties, your Secretary submits the propriety of two commissioners being appointed who with the Superintendent should be authorised to hold the treaty at such time, place and manner as should be mutually agreed on.
That Congress, by instructions to be prepared for the purpose should define the objects on which the Commissioners should treat, and how far the treaties already made should in any degree be re-considered, or any gratuities be given to the tribes in whom the right to lands, contained in the boundaries defined by said treaties were formerly vested; and also an instruction to endeavor by all proper measures to dissipate the confederacy.
That a sum, not exceedingdollars, be expended on said treaty.
That the Secretary at War direct one or two companies of the troops of the United States to receive the orders of the Commissioners during the said treaty.
Agreeably to these ideas the following resolves are submitted.
Whereas it appears that most of the Indian tribes to the northward. of the Ohio, and inhabiting the country about the Southern parts of Lake Erie, have associated themselves together into one confederacy, and whereas the said tribes by their message to the United States in Congress assembled dated at the Huron Village, near the mouth of the Detroit river, on the 18'th day of December 1786, have requested that a treaty may be held, in order to settle and amicably terminate all disputes between them and the United States, and whereas it is the firm determination of the United States, not only to act with the most perfect good faith and justice to all nations and tribes, but to attend to their reasonable requests, in order to avert the misseries of war, therefore
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Resolved, That a general treaty be held with the tribes of indians, within the limits of the United States, inhabiting the country northward Part of this agreed to 31 july, 1787 and referred to a Commee. of 5.1 of the Ohio, and about lake Erie, agreeably to the united requests of the chiefs of the said tribes, dated on the 18'th day of December 1786.
[Note 1: 1 Thomson made this marginal notation and crossed out the part of the resolve indicated.]
Resolved, That there be two Commissioners appointed who shall in conjunction with the Superintendent of the northern district be authorised to hold a treaty with the Northern indians agreeably to the comission and instructions which shall be given them for that purpose.
Resolved, That a sum not exceedingdollars, be appropriated for the said treaty, which sum shall include all the objects thereof.
Resolved, That the board of treasury purchase such articles of Indian goods in addition to those now in possession of the Superintendant, as shall in the opinion of the Commissioners be proper and adequate to the holding of said treaty, provided that the total amount of the goods so to be purchased do not exceed in value the sum of
Resolved, That the Secretary at War direct, one or two companies of the troops of the United States to receive the orders of the Commissioners for treating with the Northern Indians during the said treaty.
All which is humbly submitted
H Knox.2
[Note 2: 2 July 21, 1787. According to indorsement and the Committee Book, Papers of the Continental Congress, No. 190, p. 154, the following committee was appointed:
Mr. Dyre Kearny, Mr. Edward Carrington, Mr. William Bingham, Mr. Melancton Smith and Mr. Nathan Dane on the report of the Secretary at War on Southern Indian affairs, which was read July 18, 1787. Report rendered July 31 and acted on August 3, 1789.
According to indorsement the delgates of Georgia made a motion on Indian affairs. This motion, in the writing of William Pierce, is in Papers of the Continental Congress, No. 73, p. 343. It is further indorsed as postponed to Monday. See July 26, 1787, where it is entered verbatim in the Journal and debated.]
War Office.
July 20th. 1787.
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