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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 30, 1788.
Congress assembled present as yesterday.
The order of the day3 being called for and the paragraph which was under debate on Monday being read, a motion was made by Mr [Jonathan] Dayton seconded by Mr [Daniel] Huger to fill the blank with the word "the city of New York in the State of New York" thereupon a motion was made by Mr [Henry] Lee seconded by Mr [Abraham] Clarke in lieu of this to amend the paragraph so that the last clause be "and at such place as shall hereafter be appointed by Congress" and on the question to agree to this amendment of the paragraph, the yeas and nays being required by Mr [William] Bingham
[Note 3: 3 The subject under discussion was the organization of the government under the Constitution. See July 8, 28, August 4 and September 13, 1788.]
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So it passed in the negative.
[Report of committee respecting Col. Martin's letters on Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, no. 27, pp. 357--360, in the writing of Mr. Nathan Dane. Read July 30 and acted on September 1, 1788. See July 18, 1788. Certain portions of this report which were not incorporated in the adopted proclamation are struck out.]
The Committee consisting of [Mr. Nathan Dane, Mr. James Madison, Mr. Abraham Clark, Mr. William Irvine and Mr. Egbert Benson] to whom was referred the report of the Secretary at war relative to certain Intrusions on the hunting grounds of the Cherokees, report
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That by the articles of treaty concluded at Hopewell on the Keowee the 28th of November 1785 between the Commissioners of the United States on the one part, and the head men and warriors of all the Cherokees on the other it was, among other things, Stipulated that a certain boundary, particularly specified in the 4th article of the said treaty, should be the boundary between the said Cherokees and the Citizens of the United States within the limits thereof, and that the lands Westward and Southward of the said boundary should be allotted to the said Indians for their hunting grounds, and that by other articles in the same treaty the United States engaged that if their Citizens shall not intrude of on the said hunting grounds of the Cherokees, they shall forfeit the protection of the United States and be liable to be punished by the said Cherokees as they please, and they also engaged that murders, robberies and other capital crimes committed by their Citizens upon the said Indians shall be duly punished in the manner pointed out in the said treaty.
That it appears by evidence at sundry times produced, that the Inhabitants on the Frontiers of North Carolina in the vicinity of Chota on the Tenessee river have frequently committed the most unprovoked and direct outrages against the said Cherokees, in open violation of the said treaty.
In the present situation of affairs in that part of the United States, the Committee are of opinion that Congress ought to interpose and put a Stop to those outrages, and the hostile proceedings which have taken place between the said Inhabitants and the said Indians and to enforce a due observance of the said treaty, and to this end the Committee are of opinion that a proclamation ought to be issued by Congress in the form following to wit.
Whereas by the Articles of Confederation and perpetual Union the United States in Congress assembled have the sole and exclusive right and power 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, and whereas the United States in Congress, by their Commissioners duly appointed and authorised, did on the 28th day of November 1785 at Hopewell on the Keowee conclude articles of a Treaty with all the Cherokees, and among other things stipulated and engaged by article 4th that the boundary allotted to the Cherokees for their hunting grounds, between the said Indians and the
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Citizens of the United States, within the limits of the United States of America, is, and shall be the following. Viz. beginning at the mouth of Duck river on the Tenessee, thence running North East, to the ridge dividing the waters running into Cumberland from those running into the Tenessee; thence Eastwardly along the said ridge to a North East line to be run, which shall Strike the river Cumberland forty five miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell's line, near Cumberland gap; thence to the mouth of Cloud's creek on Holstein; thence to the Chimney top mountain; thence to Camp creek, near the mouth of big Limestone, on Nolichuckey; thence a Southerly Course six miles to a mountain; thence South to the North Carolina line; thence to the South Carolina Indian boundary, and along the same South West over the top of the Oconee mountain till it shall Strike Tugalo river; thence a direct line to the top of the Currohee mountain; thence to the head of the South fork of Oconee river", and by article 5th that "if any Citizen of the United States, or other person not being an Indian, should attempt to settle on any of the lands Westward or Southward of the said boundary which were allotted to the Indians for their hunting grounds, and or having settled previously to concluding the said treaty and not removing from the same within six months after the ratification of the said treaty (which was ratified April 17th 1786) such person should forfeit the protection of the United States, and that the Indians might punish him or not as they please, provided that the said 5th article should not extend to the people settled between the fork of French Broad, and Holstein rivers, whose particular situation should be transmitted to the United States in Congress assembled for their decision thereon, which the Indians agreed to abide by".
And whereas it has been represented to Congress that several disorderly persons settled on the frontiers of North Carolina in the vicinity of Chota have in open violation of the said Treaty made intrusions upon the said Indian hunting grounds, and committed many unprovoked outrages upon the said Cherokees who by the said treaty have put themselves under the protection of the United States and are justly entitled thereto which proceedings are highly injurious and disrespectful to the authority of the union; and it being the firm determination of Congress to protect the said Cherokees in
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their rights and lawful possessions according to the true intent and meaning of the said Treaty, the United States in Congress assembled have, therefore, thought fit to issue and do hereby issue this their proclamation Strickly forbidding all such unwarrantable intrusions and hostile proceedings against the said Cherokees, and enjoining all those who have settled upon the said hunting grounds of the said Cherokees, or have remained there in violation of the said treaty to depart with their families and effects, without loss of time, as they shall answer their disobedience to the injunctions and prohibitions expressed in this proclamation at their peril.
Resolved that the Secretary at war be directed to have a sufficient number of the troops in the service of the United States in readiness to march from the Ohio to the protection of the Cherokees whenever Congress shall direct the same, and that he take measures for obtaining information of the best routes for troops to march from the Ohio to Chota, and for dispersing among all the White Inhabitants settled upon, or in the vicinity of the hunting grounds of secured to the Cherokees by the treaty concluded between them and the United States November 28th 1785, the proclamation of Congress of this date.
Resolved that copies of the said proclamation and of the[se] foregoing resolutions be transmitted to the executives of Virginia and North Carolina, and that the said States be requested to use their influence that the said proclamation may have its intended effect to restore peace and harmony between the Citizens of the United States and the Cherokees and to prevent any further invasions of their respective rights and possessions, and in Case Congress shall find it necessary to order troops to the Cherokee towns to enforce a due observance of the said treaty that the said States be requested to cooperate with the said troops for enforcing such observance of that treaty.
[Report of committee on memorial of G. Morgan1]
[Note 1: 1 Papers of the Continental Congress, No. 19, IV, pp. 165--167, in the writing of Mr. Hugh Williamson. Read July 30, 1788. This is evidently the report of the committee of July 15, 1788, which according go the Committee Book also included Mr. Edward Carrington and Mr. Joshua Seney. This report was recommitted on August 11 and reported again August 12, 1788. See June 25, July 1 and 8, August 15 and 28, 1788.]
The Committee consisting of [Mr. Hugh Williamson, Mr. Samuel Allyne Otis, and Mr. Abraham Baldwin] To whom was referred a
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Memorial of Gee Morgan in behalf of himself and his Associates and sundry Papers respecting the antient French Settlers on the Mississippi report that Mr Morgan is desirous that Congress should vary in sundry particulars both from the Terms proposed in the Act of the 20th of June last both as to the mode of Payment, the circumstance of Occupancy and bruits of the Tract to be sold. It is also alledged that there is not a sufficient Quantity of Timber and arable Land on the low Grounds of the Mississippi to supply the antient french Settlers with such Donation Lands as Congress propose to reserve for their Benefit on which your Committee submit the following Resolves
That the Board of Treasury be authorised in contracting with George Morgan and his Associates or with any other Person or Persons for the sale of a Tract of Land on the River Mississippi to vary in the following particulars from the Terms proposed in the Act of the 20th of June last viz. The first Payment of 150,000 Dlrs shall be made on closing the Contract on which the Right of Entry shall be given on so much Land as this Sum shall pay for. The Remainder of the Price to be paid in seven equal Payments the first of which shall be paid whenever the Indian Title, if any such there is, shall be extinguished and the Tract surveyed by the proper Officer. The other six Payments to be made half yearly with Interest from the Time in which a Return of the Survey is made. On making the first Payment the Entry shall be permitted on so much Land as that Sum is equal to at the Price limited; and on making the second Payment a Deed shall issue for so much Land as may then be paid for, and other Deeds if required shall issue on making the several Payments; provided that it is previously stipulated on what Part the first Deed shall be laid and that all Deeds shall be for regular Tracts extending from the Mississippi to the Eastern Boundary of the general Purchase.
That in Case it shall appear that Messrs . Flint and Parker shall not be ready to enter into the a Contract for purchasing a Tract of Land as described on the Illinois River referred to in the Act1 of Octr . 22nd 1787 as soon as the Indian Title shall have been extinguished or within four Weeks of that Time, the Board of Treasury be authorised so far to extend the Limits of the Tract described in the Act of the 20th of
[Note 1: 1 Journals, vol. XXXIII, pp. 695--696.]
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June last as to make the Northern Boundary in the Parrallel of the mouth of the River au Beuff instead of Wood River.
That instead of the Three Parallelograms to be reserved according to the Act of 20th June ult for Donations to the antient Settlers on the West Side of a certain Ridge of Rocks, there shall be reserved a similar an equal Quantity of land for the same Use to be laid out in three Squares on the East Side of the said Ridge of Rocks and as near as may be to the Improvements belonging to the Villages of Kaskaskias la Prairie du Rochers and Kahokia.
That in Case there are any Improvements belonging to the Antient French Settlers without the general reserved Limits the same shall also be considered as reserved in the Sale now proposed to be made.
[Report of committee on reservation of Presque Isle1]
[Note 1: 1 Papers of the Continental Congress, No. 30, p. 151, in the writing of Mr. William Irvine. Read July 30 and referred August 20, 1788. See July 22, 1788.]
The Committee consisting of Mr [William] Irvine, Mr [Nathan] Dane and Mr [Abraham] Baldwin to Whom was Referred sundry letters of the Board of Treasury and Secretary at War, relative to reservations, for Military posts to be made in a tract of land bounding on Lake Erie, which, by a Resolution of the sixth of June last the Board are authorised to sell, Report that they do not find any reservations made in other tracts which have been sold or proposed to be sold, it having been taken for granted your Committee presume, that in the present state of the Western territory it is quite uncertain what places may hereafter be found most proper for Military posts, and that it is not probable that whenever the United States may deem it proper to occupy any place or places for this purpose they will find any difficulty, or great expence in obtaining the same. Your Committee are therefore of opinion it is not expedient to reserve any part or place in said tract.
[Report of Board of Treasury on memorial of S. Montgomery2]
[Note 2: 2 Papers of the Continental Congress, No. 138, II, pp. 165--166, read July 30 and acted on August 21, 1788. See July 22, 1788.]
The Board of Treasury to whom was referred the Memorial of Samuel Montgomery,
Beg leave to Report to Congress
That the Account exhibited by the Memorialist, is stated to be due from the late Commissioners of Indian Affairs, appointed to hold the Treaty at Fort Stanwix.
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That the Accounts of the said Commissioners have been regularly adjusted at the Treasury; and the Balance found due thereon, paid to the Order of General Butler, who presented the same,
That it is contrary to the established rules of the Treasury to settle with every Individual, who may have claims for services performed, or supplies furnished under public Officers, in consequence of a special Commission, rendering the said Officers accountable; and, therefore, that it would not be proper to deviate from it on the application of the Memorialist, admitting the merits of his claim, to be perfectly satisfactory, which is by no means the case.
The Board therefore submit to the consideration of Congress the following Resolve: "That the application of Samuel Montgomery, for the reimbursement of certain damages stated to have been sustained by him, while acting in the Department of Indian Affairs, be dismissed; the Memorialist having no claim against the United States."
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 29th . 1788.
[Report of Board of Treasury on memorial of R. Stiles1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, p. 409, read July 30, 1788. An enclosure is on pp. 413--415. See May 5 and 6, 1788.]
The Board of Treasury to whom was referred the Memorial of Reuben Stiles,
Beg leave to lay before Congress, a copy of a Report from the Commissioner for settling accounts in the commissary Genls . Department, on the subject of the claim referred to in the said Memorial.
From the circumstances stated in this Report, the Board concur in opinion, with the said Commissioner; that it would be improper to deviate in the case of the Memorialist, from the Act2 of limitation of the 23d . July 1787.
[Note 2: 2 Journals, vol. XXXIII, p. 392.]
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 28th . 1788.
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[Report of Board of Treasury on memorial of Col. A. W. White1]
[Note 1: 1 Papers of the Continental Congress, No. 138, II, pp. 507--510, read July 30 and referred to a committee August 25, 1788. See May 15 and September 8, 1788.]
The Board of Treasury to whom was referred the Memorial of Colonel Anthony W. White,
Beg leave to Report to Congress,
That the Memorialist solicits the reimbursement of two sums of Money, stated to have been advanced by him for the service of the United States, whilst he commanded the Cavalry in the Southern Department in the Year 1780.
The first being for one hundred and Fifty thousand Dollars old Emission Money, advanced to the Paymaster of his Regiment, for the purpose of procuring the Articles necessary for the support and comfort of the Troops under his command.
The second being for Twenty three thousand Dollars, paid to Lieut . James Gunn, one of his Officers, for the purpose of recruiting; being part of a Sum of Money received by Colo . White of the State of Virginia; and which the Commissioner of Army Accounts, has not conceived himself authorised to pass to his Credit; for reasons stated in the said Memorial.
On the first article of this claim, the Board beg leave to observe, That although it appears by the acknowledgment of the Paymaster that he actually received the Sum stated by the Memorialist, to be expended agreeably to his instructions; yet that the said Paymaster has made a final settlement of his account without crediting the same.
That the only evidence produced for the expenditure of this Money for the service of the United States, is a certificate of Mr . Benfield the Paymaster; which purports generally that it was expended for the public service; and that the Vouchers for the Supplies are said to have been given up to the Officers in the Staff Department, whose names are not mentioned, and who may have obtained Credit for these Supplies, in the settlement of their public accounts. Under such circumstances the Board are of opinion, that the final adjustment of this claim cannot be made, untill the receipt taken by the Paymaster from the Staff Officers, to whom the Vouchers are said to have been delivered, is produced, by which the public would be either enabled to check the Accounts of the Parties receiving the same; should the
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above Supplies be introduced in said accounts, or to demand the Vouchers. With respect to the second article:
The Board beg leave to Report
That the asst . Commr . of Army Accounts having ascertained that the claims of Lt . Gunn, are not precluded from settlement in pursuance of the Resolve1 of the 6th . Septemr . 1786 (which was supposed to have been the case when the claim was first rejected;) they have directed a certificate to issue for the specie amount in favor of the Memorialist; with which the party, to whom the advance was made, will of course be chargeable.
[Note 1: 1 Journals, vol. XXXI, p. 638.]
All which is humbly Submitted.
Samuel Osgood
Walter Livingston
Arthur Lee
July 30th 1788.
[Report of Secretary at War on claim of Gen. M. Hazen2]
[Note 2: 2 Papers of the Continental Congress, No. 151, pp. 373--376, read July 30, 1788.]
The Secretary of the United States for the department of War to whom was referred the claim3 of Moses Hazen Esqr . late Brigadier General by brevet for the emoluments of the office of Brigadier General.
[Note 3: 3 Papers of the Continental Congress, No. 42, III, pp. 512--514, dated March 30 and read March 31, 1785. See Journals, vol. XXVIII--XXIX, passim.]
Reports.
That he has hitherto postponed bringing this case before Congress at the special request of the said Brigadier General Hazen.
But as all the information that could be expected has been received, the following summary statement is submitted.
That the sufferings and services of the said Brigadier General Hazen were particularly exhibited in the report of the Board of War on the 28th . of June 1781, a copy4 of which is herewith enclosed. No . 2.
[Note 4: 4 Papers of the Continental Congress, No. 42, III, p. 524--526. The original report is in Papers of the Continental Congress, No. 147, V, pp. 441--443.]
That the opinion of Congress on the case of Brigadier General Hazen is evinced by their adopting the report of the Board of War, and promoting him to the rank of Brigadier General by brevet.
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That Brigadier General Hazen was discontented with his situation in the Army will appear by his statement1 to the Secretary at War, on the 8th of June 1782 which is herewith enclosed. No . 3.
[Note 1: 1 Papers of the Continental Congress, No. 42, III, pp. 528--533, Moses Hazen to Major General Lincoln.]
That the Secretary at War transmitted2 the said statement to Congress and expressed his hope that they would order a Brigadier Generals Commission to be issued to the said Brigadier General Hazen which would have involved fully the pay and emoluments incident thereto. No . 4.
[Note 2: 2 B. Lincoln to President of Congress, June 24, 1782. Copy, Papers of the Continental Congress, No. 42, III, p. 536. Another certified copy of this letter is in Papers of the Continental Congress, No. 149, I, pp. 421--422.]
That it appears the said statement was referred to a committee of Congress which were discharged the 18th of November 1782 on their own report, and that no further proceedings were had on the case until the present memorial of the 31st of March 1785.
On this state of facts your Secretary remarks, that were this the first time the case of Brigadier General Hazen had been submitted to Congress, and were it all respects singular; The zeal and risk with which he entered the service of the United States; The advances of money he made to complete the regiment; The great length of time he continued a Colonel without promotion; His activity and services during the War; and the humiliation he repeatedly suffered of being superceeded by junior officers, arising from the system of State promotions, might induce your Secretary to report that the said Brigadier General Hazen be allowed the full emoluments appertaining to the Commission of Brigadier General.
But when it is considered that the said Brigadier General Hazen was perfectly informed of the nature of the brevet rank, and yet accepted of the same; That his case was several times fully before Congress during the War when the knowledge of his sufferings and services must have been the greatest; That it is so connected with the cases of a great number of other brevet officers who might perhaps state equal merit, and request similar rewards, Your Secretary cannot report in favor of the claim, and therefore he submits the following resolve,
Resolved That the claim of Moses Hazen Esqr . a Brigadier General by brevet in the late Army of the United States for the emoluments
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appertaining to the Commission of Brigadier General, cannot be allowed, the same being incompatible with the regulations established respecting brevet rank.
H Knox
War Office.
July 28th 1788.
His Excellency The President of Congress.
[Letter of Secretary at War respecting Indian affairs1]
[Note 1: 1 Papers of the Continental Congress, No. 150, III, p. 485, read July 30, 1788. A copy of General Butler's letter of July 15, 1788, is on pp. 481--482.]
War Office July 29th 1788.
Sir: I have the honor to transmit to Congress the copy of a letter this day received from the Superintendant of Indian affairs for the Northern Department.
I have the honor to be, etc.,
H Knox2
[Note 2: 2 July 30, 1788. According to indorsement was read:
Letter of George Clinton to the President of Congress, July 26, 1788, transmitting the ratification of the Constitution by New York. Papers of the Continental Congress, No. 67, II, p. 559.]
His Excellency
The President of Congress.
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