| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --FRIDAY, OCTOBER 26, 1787.
Congress assembled present the seven states as before and from New hampshire Mr [Nicholas] Gilman and from Massachusetts Mr [Nathan] Dane.
On a report1 of the board of treasury to whom was referred a memorial2 of Silvanus Townsend Amos Underhill and John Butler
[Note 1: 1 See July 17, 1787.]
[Note 2: 2 See April 18, 1787.]
Resolved That the commissioner for settling the accots of the commissary general's department be authorised and directed to liquidate the claim of Silvanus Townsend Amos Underhill and John Butler against the United States for a quantity of flour by them sold and delivered to Daniel Gray late a purchasing commissary in the service of the United States in the year 1776, the claimants attesting to the same in the manner in such cases usual and to issue his certificate for the same, And that the amount of the sum so liquidated be charged to the said Daniel Gray.
On the report3 of a comee. consisting of Mr [John] Kean Mr [Abraham] Clarke and Mr [William] Grayson to whom was
[Note 3: 3 Papers of the Continental Congress, No. 30, pp. 323--328, in the writing of Benjamin Bankson. The report begins with the resolves regarding the treaty with the Southern Indians and then follows the instructions to the Southern commissioners, the instructions to the governor of the Northwest territory and finally the resolve regarding the treaty with the Northern Indians. The instructions were entered in Secret Journal, see below.]
Page 708 | Page image
referred a motion1 of Mr H[enry] Lee with directions to report instructions for holding treaties with the northern and southern Indians
[Note 1: 1 See October 25, 1787.]
Resolved2 That the executive or legislature if they be in session, in the states of North Carolina South Carolina and Georgia be and they are hereby authorised to appoint each of them one commissioner; who shall each be allowed five dollars per day for the time they shall be employed in that business in conjunction with the Superintendant of Indian Affairs for the Southern department or in his absence by themselves negotiate a treaty for the establishing peace between the United States and the tribes of Indians in the Southern department; and any two3 of the commissioners to be appointed as aforesaid in conjunction with the Superintendant or in case of the absence of the Superintendant any two of the said commissioners agreeing their decision shall be final and conclusive; And that the said commissioners shall each be allowed five dollars a day for the time they shall be employed in that business in full for their services and expences exclusive of their expences at the place or places where the treaties shall be held.
[Note 2: 2 Papers of the Continental Congress, No. 30, p. 325. The portions underlined by the editor, are additions to the original report.]
[Note 3: 3 "Three" in the original. This change and the addition of the clause "in conjunction ..... said commissioners", were made on a motion, which, in the writing of Mr. Abraham Clark, is in Papers of the Continental Congress, No. 36, III, p. 383.]
Resolved That the sum of six thousand dollars being a part of the Sum appropriated by the resolution of the twelfth of the present Month for holding Indian treaties in addition to the goods in the hands of the former commissioners for holding a treaty with the southern Indians be applied to holding the said treaty at such time and at such places as shall be appointed by the Superintendant of Indian Affairs for the
Page 709 | Page image
Southern department in conjunction with the executive of the State of North Carolina for the treaty with the Cherokees, and with the executive of Georgia for that with the Creek Nation; or in case of the absence of the Superintendant then the time and place to be appointed by the executive of each state in manner aforesaid. The aforesaid1 sum to be in full for all charges of whatsoever nature they may be relative to the said treaty including the pay of the commissioners and militia; And that the states of North Carolina, South Carolina and Georgia be called on to furnish the aforesaid sum in equal proportions to be credited on requisitions of Congress.
[Note 1: 1 "Aforementioned" in the original report.]
That the commissioners aforesaid be and they hereby are authorised to apply to the States of North Carolina, South Carolina and Georgia for any number of men not exceeding one hundred of their militia for the purpose of guarding and protecting the stores and goods necessary for carrying on the said treaty.
2Instructions to the Commissioners for negotiating a treaty with the tribes of Indians in the Southern department for the purpose of establishing peace between the United States and the said tribes.
[Note 2: 2 From this point to the end of the proceedings on Indian Affairs, the Journal entries were made by John Fisher, with some additions by Charles Thomson, in the Secret Domestic Journal, Papers of the Continental Congress, No. 3, pp. 233--237. The entries from the Secret Journal are placed within those of the Public Journal to preserve what was apparently the order of business.]
Gentlemen:
Several circumstances rendering it probable that Hostilities may have commenced, or are on the Eve of commencing between the State of North Carolina and the Cherokee Nation of Indians, and between the State of Georgia and the Creek Nation of Indians. You are to use every endeavor to restore peace and harmony between the said States and the said Nations on terms of Justice and humanity.
Page 710 | Page image
The great source of Contention between the said States and the Indian tribes being boundaries, you will carefully enquire into, and ascertain the boundaries claimed by the respective States, and altho' Congress are of Opinion that they might Constitutionally fix the bounds between any State and an Independent Tribe of Indians, yet unwilling to have a difference subsist between the general government and that of the Individual States, they wish you so to conduct the matter, that the States may not conceive their Legislative rights in any manner infringed, taking care at the same time that whatever bounds are agreed upon they may be described in such terms as shall not be liable to misconstruction and misrepresentation, but may be made clear to the Conceptions of the Indians as well as whites.1
[Note 1: 1 At this point the following paragraph was struck out from the original report, "The management of the Indian trade is a source of uneasiness between the States and the general government, it is one of the many ill consequences that arise from the States not giving up their claim to unappropriated lands which has been so often recommended to them, but we trust when they consider with temper the weighty reasons that are in favour of their relinquishing their claims and the good temper which will be restored to those States who have made cessions, (and which are now selling for the common benefit) and who have acceded to this measure of restoring them tranquility, we shall not long complain of their want of liberality, for these reasons you will be careful not to irritate the States nor to sacrifice the rights of the Union, taking care at the same time to bound [confine] the Indian trade to citizens of the United States as much as the nature of the case will admit."]
The present Treaty having for its principal object the restoration of peace, no Cession of land is to be demanded of the Indian Tribes.
You will use the utmost care to ascertain who are the leading men among the several Tribes, the real head men and Warriors, these you will spare no pains to attach to the interest of the United States, by removing as far as may be all causes of future Contention or
Page 711 | Page image
quarrels, by kind treatment and assurances of protection, by presents of a permanent Nature, and by using every endeavor to conciliate the Affections of the white people inhabiting the frontiers towards them.
You will encourage the Indians to give Notice to the Superintendant of Indian Affairs of any designs that may be formed by any Neighboring Indian tribe, or by any person whatever, against the peace of the United States.
You will insist that all prisoners of whatever age, sex, or Complexion be delivered up, and that all fugitive Slaves belonging to Citizens of the United States be restored.
Instructions1 to the Governor of the Territory of the United States, North West of the River Ohio, relative to an Indian Treaty in the Northern department.
[Note 1: 1 These instructions were also entered by John Fisher, in Western Territory, Papers of the Continental Congress, No. 176, pp. 21--22.]
Sir: You are carefully to examine into the real Temper of the Indian tribes inhabiting the Northern Indian department of the United States, if you find it hostile, and that the welfare of the frontiers, and the Settlements forming in that Country demand a Treaty, you will then2 in conjunction with the Superintendant of Indian Affairs for the Northern department, unless the attendance of the sd. Superint: shall be prevented by any unforeseen event hold as general a one as you can with all the Tribes.
[Note 2: 2 The clause "in conjunction ..... unforeseen event" was added to the original report.]
The primary objects of the Treaty are the removing all causes of controversy, so that peace and harmony may continue between the United States and the Indian Tribes, the regulating trade and settling boundaries.
Page 712 | Page image
For these purposes you will do every thing that is right and proper.
The Treaties which have been made may be examined but must not be departed from, unless a change of boundary beneficial to the United States can be obtained.
Altho' the purchase of the Indian right of Soft is not a primary object of holding this Treaty, yet you will not Neglect any opportunity that may Offer of extinguishing the Indian rights to the Westward as far as the River Mississippi.
You may stipulate that the East and West line Ordered to be run by the Ordinance of the 20th May 1785 shall be the boundary between the United States and the Indian tribes; provided they stipulate that it shall run throughout unto the River Mississippi, and you may Stipulate that any white persons going over the said boundary without a Licence from the proper Officer of the United States may be treated in such manner as the Indians shall think proper.
You will use every possible endeavor to ascertain who are the real headmen and Warriors of the several Tribes, and who have the greatest influence among them, these men you will attach to the United States by every means in your power.
Every exertion must be made to defeat all Confederations and Combinations among the tribes, and to conciliate the white people inhabiting the frontiers towards them.
Resolved1 That if under the authority given the 22d. day of the present month to the governor of the territory of the
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 328. This resolve was also entered in the Secret Domestic Journal, Papers of the Continental Congress, No. 3, p. 236--237, where Thomson has noted on the margin "entered on Public Journal." It is also entered by John Fisher, in Western Territory, Papers of the Continental Congress, No. 176, p. 20.]
Page 713 | Page image
United States north west of the river Ohio he shall think it expedient to hold a treaty with the Indian tribes in the Northern department, he shall apply to the commanding officer of the troops of the United States for such a number of men as he may deem proper for guarding and protecting the stores and goods necessary for holding the said treaty and the commanding Officer of the troops of the United States shall cause the said number of men to be marched to such place and at such time as shall be directed by the governor.
(See Secret Journal for domestic affairs for Instructions to commrs. this date.)
On motion1 of Mr [Nathan] Dane seconded by Mr R[ichard] H[enry] Lee
[Note 1: 1 A motion to the same intent, but with the order of the principal points inverted, in the writing of Mr. Nathan Dane, is in Papers of the Continental Congress, No. 36, III, p. 387. Another similar motion, in the writing of Mr. Edward Carrington, is in Papers of the Continental Congress, No. 36, III, p. 393.]
Ordered That the Secy. of Congress inform the Chevr. J. P. Jones that the business relative to the prizes taken during the late war and sent to Denmark is put under the management of the honble. Mr Jefferson Minister of the United States at the court of Versailles and that he furnish Mr Jones with a copy of such part of the resolutions passed yesterday as respects the appointment of an Agent by Mr Jefferson relative to the said prizes.
On motion2 of Mr [William] Few seconded by Mr [Edward] Carrington
[Note 2: 2 This motion, with some verbal differences, in the writing of Mr. William Few, is in Papers of the Continental Congress, No. 36, III, p. 385.]
Ordered That the Secretary of the United States for the department of foreign Affairs transmit one of the copper medals struck in honor of genl Greene to each of the said general's aids who acted during his command in the southern department.
Page 714 | Page image
[Letter of Secretary at War on Indian Affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, II, p. 529. read October 26, 1787. Two letters of Richard Butler and the several enclosures mentioned are on pp. 533--562.]
War Office October 26th. 1787,
Sir: I have the honor to transmit to your Excellency copies of letters dated Carlisle on the 10th. and 11th. instant from the Superintendant of Indian affairs for the Northern department with enclosures which exhibit the present dispositions and conduct of some of the indian tribes on the frontiers.
I am Sir, etc.,
H Knox2
[Note 2: 2 October 26, 1787. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 177, the following petitions were referred:
Petition of Captain Vincent, an Indian, for pay and land. According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 20, this petition was received October 26, 1787. Referred to the Secretary at War to report. Report rendered May 2, 1788.
Petition of John P. de Haas, October 25, 1787, read October 26, for settlement of his father's account. Papers of the Continental Congress, No. 42, II, p. 362. Referred to the Board of Treasury to report. Report rendered February 5, 1788.]
His Excellency
The President of Congress.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |