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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 --FRIDAY, JUNE 27, 1788
Congress assembled present New hampshire, Massachusetts Rhode island, New York, New Jersey, Pensylvania Virginia North Carolina South Carolina and Georgia and from Connecticut Mr [Pierpont] Edwards and from Maryland Mr [Benjamin] Contee.
The com.ee consisting of Mr [Abraham] Baldwin Mr [Nicholas] Gilman Mr [Nathan] Dane Mr [William] Bingham
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and Mr [Pierpont] Edwards to whom was referred a letter1 of 15 Novr 1787 from the governor of Georgia together with a paper accompanying the same having reported2 "That Congress enter into the following resolve That should the Superintendant and commissioners appointed for holding treaties with the Indians in the southern department not be able to bring the Indians to explain the cause of their present hostilities and to enter into a treaty with the United States upon reasonable terms Congress will take measures for the protection of that frontier of the United States." This report being under consideration a motio3 was made by the delegates of Georgia to postpone the said report in Order to take up the following viz
[Note 1: 1 See January 22, 1788.]
[Note 2: 2 See June 4 and 20, 1788.]
[Note 3: 3 Papers of the Continental Congress, No. 20, II, pp. 459--460, in the writing of Mr. Abraham Baldwin. The original motion was corrected to bring the reading into conformity with the resolve adopted on July 15, 1788.]
"Whereas it is represented to Congress by the delegates of the state of Georgia that the principal parts of the frontiers of that state have been for several years past invaded and kept in a state of alarm by the Creek Indians, that the fighting men of that Nation supposed to amount to not less than six thousand have been so far instigated by refugees and fugitive traders who had formerly escaped from these states and taken refuge among them as to keep up constant and bloody incursions on the different parts of that frontier and that the settlements of four of the exterior counties are almost entirely broken up; And whereas measures have been repeatedly taken by Congress to find out if there be any cause of uneasiness and hostility towards the citizens of these United States and effectually to remove the same, but such measures have always been rejected by the Creek Nation and they have refused to hold any treaty with the agents of the United States, resolved that the Superintendant and
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Commissioners for the Southern department be instructed to notify to the said Indians that should they persist in refusing to enter into a treaty with the United States upon reasonable terms, the arms of the United States shall be called forth for the protection of that frontier; Resolved That the Secretary at war report to Congress what detachments of militia and supplies for the same will be necessary for the purposes specified in the preceding resolve and a plan of carrying the same into effect as nearly as may be in conformity to the resolution of the 21 July last for the protection of the frontiers of Pensylvania and Virginia."
And on the question to postpone for the purpose above mentioned the yeas and nays being required by Mr [Abraham] Baldwin
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So the question was lost.
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[Report of committee on memorial of J. Wilson1]
[Note 1: 1 Papers of the Continental Congress, No. 19, VI, pp. 573--575, in the writing of Mr. Abraham Clark. Read June 27 and postponed on July 1, 1788. The report is endorsed "See memorials Wm Trent and associates, papers etc, filed in Iron chest, relating to Vandalia and Illinois companies." See May 5, 1788.]
The Committee Consisting of [Mr. William Irvine, Mr. Abraham Clark, Mr. Nathan Dane, Mr. Stephen Mix Mitchell and Mr. Edward Carrington] to whom was referred the Memorial of James Wilson Esqr on behalf of sundry persons calling themselves the United Land Companies of the Illinois and Wabash, report
That the Memorial represents that on the 5th . day of July 1773, the Chiefs and Sachems of the Illinois Nations by their Deed, granted to the several persons therein named, and who are since known by the name of the Illinois Company, two Several Tracts of Land therein bounded and described, on the East side of the Mississippi and in the Country of the Ilinois. And that on the 18th . day of October 1775, the Chiefs and Sachems of the several tribes of the Piankashaw Indians by their Deed duly executed, granted to the persons therein named, and who are since known by the name of the Wabash Company two other several tracts of Land therein bounded and described situate on both sides of the river Wabash.
The said Memorialist further represents that if the said purchases upon a full enquiry shall appear to have been fairly made with the Indians and Valuable Considerations paid, the same will prevent the necessity and expence of a second purchase of the same Lands by the United States, in which Case the companys wish not to retain the whole of the said purchased Tract, but think themselves entitled to at least a part thereof as a Compensation for the money they have expended, the pains they have taken, and the time they have employed in this business.
From which Statement your Committee beg leave to remark, that altho the purchases above mentioned may do not Appear to have been made at a general treaty with the Indians, or under legal Authority with all the formalities customary to give validity to such a transaction; and however improper it may be in general to countenance private purchases from the Indians, yet, considering all Circumstances attending the purchases in question, in Case the same upon full investigation shall Appear to have been fairly conducted, and that on Account thereof the United States will be ultimately benefited
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by an exemption from the expence of purchasing the same Lands, your Committee are of Opinion a reasonable Compensation in Land should be made to the said Companies.
In Order therefore that Congress may obtain the information necessary to render justice in the premises, the following Resolution is Submitted,
That the Governor of the Western territory with the Superintendant of Indian affairs be directed to receive such information and documents, as the persons stiling themselves the United Land Companies of the Ilinois and Wabash, shall think proper to furnish them with, respecting the Purchases by them Alledged to have been made of the Indians on the Rivers Mississippi and Wabash in the years 1773 and 1775, and at the Ensuing treaty to be held with the Indians make due enquiry into the fairness and validity of the same, and avail themselves thereof at said treaty so far as may be consistent with the Justice and Dignity of the United States, and report to Congress a full State of their enquiry, and of their proceedings in Consequence thereof.
[Report of committee on report of Board of Treasury on memorial of S. Nicholson1]
[Note 1: 1 Papers of the Continental Congress, No. 19, IV, pp. 517--519, in the writing of Mr. Nathan Dane. Read June 27 and passed July 2, 1788. See June 25, 1788. See also July 17, 1788.]
Committee consisting of [Mr. Nathan Dane, Mr. Abraham Baldwin, Mr. Paine Wingate, Mr. Pierpont Edwards and Mr. Hugh Williamson] to whom was referred the report of the board of Treasury on the Memorials of Samuel Nicholson Esqr . report
That by the papers referred to them it appears that in the year 1777 a number of British vessels were captured by three American Armed vessels in company the Dolphin commanded by the Memorialist the Reprisal commanded by Captain Weeks and the Lexington commanded by Captain Johnson. That the said papers also State that eight of those British vessels (being valuable prizes) were carried into a port of France, and taken possession of by Mr . Thomas Morris one of the Commercial agents for the United States in that Kingdom. That the said prizes were sent to the said Agent in pursuance of orders and directions of Congress or of their Committees and that the Officers and Crews of the three American vessels beforenamed are, as captors, entitled to a part of the said prizes.
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It further appears that on the 4th . of September 1778, Congress ordered1 the books and papers of the said Thomas Morris to be delivered to Robert Morris surviving partner and administrator of the said Thomas, which in January 1779 were delivered accordingly, but it does not appear that any settlement has been made by the administrator of Thomas Morris of the public accounts of the deceased with the United States.
[Note 1: 1 Journals, vol. XII, p. 879.]
On the subject referred to them the Committee observe that as the United States directed into that what ports the prizes in question should be sent into certain ports, and be delivered to their agent, the captors appear to have a well founded claim upon them for their aid and assistance; so that the said officers and Crews interested in those prizes may without further delay avail themselves of their respective Shares in those prizes which came into the possession of the said Agent, but as it does not fully appear what number of the prizes captured by the said American vessels came into his hands, or that there is any considerable probability that any papers can be obtained for ascertaining this fact, or for ascertaining the value of the prizes he received, the Committee are of Opinion that the United States ought to make a settlement with the captors on such evidence as the nature of the case now demands and to take measures for an immediate settlement of their Accounts with the Administrator of the said Agent; whereupon they submit the following resolutions
Resolved that the board of Treasury be, and they are hereby, authorised and directed, on such evidence, considering all the circumstances of the Case, as they may deem satisfactory, Agreed to ascertain the number and value of the prizes that which were captured in the year 1777 by the Ship Reprisal commanded by Captain Weeks, the Sloop Dolphin commanded by Captain Saml . Nicholson, and the brigg Lexington commanded by Captain Johnson, and which were delivered, in pursuance of the orders of Congress, into the possession of Thomas Morris, one of the Commercial agents in France for the United States. And that the Commissioner of accounts in the marine department according to such estimate as shall be made by the said board be, and he is hereby authorised and directed, to ascertain the amount of the respective shares in the prizes included in such estimate, to which the Officers and Crews
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of the said Ship, Sloop and brigg may severally be entitled, and settle accounts between them and the United States accordingly.
Resolved that Mr . Robert Morris surviving partner and administrator of the late Thomas Morris, one of the Commercial agents for the United States in the Kingdom of France be Agreed required to transmit to the Treasury, all the accounts and vouchers relative to the public transactions of the deceased, in order that an adjustment may be made of the same with the administrator agreeably to the intention of the Act1 of Congress of the 4th . of Septr . 1778.2
[Note 1: 1 Journals, vol. XII, p. 879.]
[Note 2: 2 June 27, 1788. According to the Committee Book, Papers of the Continental Congress, No. 190, p. 197, the following committee was appointed:
Mr. James R. Reid, Mr. Samuel Allyne Otis, Mr. Pierpont Edwards, Mr. Hugh Williamson and Mr. Abraham Clark on the report of the committee of June 12, 1788, on the memorial of Udny Hay, read June 16, 1788. Report rendered July I and acted on July 22, 1788.
According to the Despatch Book, Papers of the Continental Congress, No. 185, IV, p. 35, was received:
Act of North Carolina relative to the definitive treaty with England, passed April 13, 1787.]
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