Consolidated Docket No. 317, Defendant Exhibits 61-171

Dft. Ex. 81

Journals of the Continental Congress

         Vol. 28, pp. 1(Title page), 125, 126, 180, 181, 486, 487

      Vol. 32, pp. 7(Title page), 330.

LIBRARY OF CONGRESS
______

JOURNALS OF THE

CONTINENTAL CONGRESS

1774-1789

EDITED FROM THE ORIGINAL
RECORDS IN THE LIBRARY OF
CONGRESS BY JOHN C. FITZPATRICK

Volume XXVII. 1785

January 11-June 30




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON
1933

Journals of the Continental Congress

another Commissioner may appear to take a Seat at the Board - And that the Board so constituted be authorized to exercise all the powers vested in the Board of Treasury by the Ordinance of May 28, 1784.¹

The committee consisting of [William Samuel Johnson, James McHenry, David Howell, James Monroe and Hugh Williamson] to whom were referred a letter and sundry papers from the commissioners for negotiating treaties with
the Indians pursuant to the act of 15 Oct l783, beg leave to report the following resolutions.

That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twieghtwee, Piankishaw and other western nations, a treaty be held with the said Indians at Post Vincent on the Wabash river, or at such other place as the commissioners may find most convenient on the 20 June 1785.

That 18,429 pounds weight of beef, 21,047 lbs of flour and salt in proportion, in addition to the rations now in store at Fort McIntosh will be necessary for the said treaty, and that     take order to furnish the same.

That     furnish the commissioners for holding the aforesaid treaty with such goods as they may judge necessary in addition to the goods in store at fort McIntosh, to an amount not exceeding     dollars.

That advance to the commissioners aforesaid the sum of    dollars for the use and to be accounted for by the said commissioners.

¹This motion, in the writing of David Howell, is in the Papers of the Continental Congress, No. 36, II, folio 527.
The indorsement states that it was made this day and the committee discharged April 13, 1785.

On this day, as the indorsement indicates, was read a letter of February 24 from Thomas Cushing, Governor of Massachusetts, reporting the arrest by the Inquisition of Spain of Jonas Hartwell, a citizen of Massachusetts. It was referred to the Secretary for Foreign Affairs who reported March 18. It is in No. 65, 11, folio 265.

Also, a letter of February 15 from Robert Hanson Harrison declining to act as one of the judges of the federal court to settle the dispute between Massachusetts and New York. It is in No. 78, XII, folio 379.

Also, a letter of February 15 from Thomas Johnson, accepting appointment as one of the judges in the Massachusetts- New York dispute. It is in No. 78, XIII, folio 321.

Also, a letter of March 7 from Samuel B. Webb, offering himself for employment in the public service, It is in No. 78, XXIV, folio 507.

Journals of the Continental Congress

That the troops at Fort McIntosh be subject to the order of the aforesaid commissioners during the holding of the aforesaid treaty.¹

The Committee consisting of [Mr. Richard Dobbs Spaight, Mr. James Monroe and Mr. Rufus King] to whom was referred the memorial of Mr. Silas Talbot of Providence in the State of Rhode Island, late an Officer in the Army of the United States, setting forth that he was deranged on the 1st day of January, 1782, pursuant to a resolve of Congress of the 31st of December, 1781, and that the paymaster General on the Settlement of his Accounts refused to allow him the half pay or Commutation promised to the Army by the resolves of Congress of the    day of    1780, giving as a reson for so doing that the resolve of 21st October, 1780, extended only to such Officers as were deranged under that Act of Congress, and to such Officers and Soldiers as should continue in service to the End of the War; and that he was not Authorised to Allow it to any others, but those to whom it was expressly granted.

The Committee have examined the different resolves of Congress respecting the half pay or Commutation, and those
for the reform of the Army, and find that Congress in their resolve of the 31st Decem^r 1781, expressly Provided "that nothing contained in these resolutions shall be construed so as to prevent or hinder any Officer that shall retire as aforesaid from enjoying all the Emoluments that he may, upon retiring, be entitled to by any former Acts of Congress"; and that for the Officers who retired under the resolve of the 7th August, 1782, it is "Resolved, That the Officers retiring under the foregoing resolutions, and not employed in the staff department as affore said, shall, until called into service with their proper Command, be entitled to all the emoluments to which the Officers are entitled, who retired under the resolutions of the 3rd and 21st October, 1780. "

Whereupon Your Committee are of Opinion that the Officers who retired under the resolve of the
31st. of Decem^r 1781, are equally

¹This report, in the writing of James McHenry, is in the Papers of the Continental Congress, No. 30, folio 255. The indorsement shows that it was read on this day, and Monday, 14th March, assigned for consideration. The report was printed and in this form considered and amended on March 17. The printed copy is on folio 249 and these manuscript amendments thereon bring it into conformity with the resolves as passed March 18. Two of the incorporated changes, in separate form, are on folio 261.

Journals of the Continental Congress

So it was Resolved, That in order to give greater security to the frontier settlement, and establish a boundary line between the United States and the Potowatama, Twightwee, Piankishaw and other western nations, a treaty be held with the said Indians at post Vincent, on the Wabash river, on the 20th day of June, 1785, or at such other time or place as the Commissioners may find more convenient.

That 18,429 pounds weight of beef, 21,047 pounds of flour, and salt in proportion, in addition to the rations now in use at fort M^cIntosh, will be necessary for the said treaty; and that the Commissioners of the treasury take Order to furnish
the same by contract.

That the Commissioners for hold^s the aforesaid treaty, purchase and cause to be transported, such goods as they may judge necessary in addition to the goods in store at fort M^cIntosh, to an Amount not exceeding three thousand dollars, and that they be empowered to draw out of the public Magazines, if they think proper, such a quantity of powder as they may find necessary for the purposes of the treaty.

That the Commissioners of the treasury take Order to advance to the Commissioners aforesaid, the sum of three thousand dollars, for which they are to account, in addition to the amount of the goods to be purchased as aforesaid.

That the troops at the western posts, or so many of them as may be required, be subject to the order of the aforesaid

Journals of the Continental Congress

Commissioners for holding the treaty, during the time of the said treaty.¹

On the report of a committee, consisting of Mr. [Archibald] Stewart, Mr. [William] Hindman and Mr. [Abiel] Foster,
to whom was referred a petition of lieut. Colonel Lewis Atayataghronghta,

Resolved, That the president issue his warrant to the treasurer of the United States, in favour of lieut. Colonel Lewis Atayataghronghta, for the amount of his certificate, dated Nov^r 4 1783, for 366 dollars, together with the interest thereon arising to this 18 day of March, 1785.

A letter, of 23 feb^y, from G. Wythe, esq^r and one of 27 Feb^y from Thomas Johnson, esq^r were read, informing that they have severally received the official notice of their Appointment as judges of the court for hearing and determining the Controversy between the states of Massachusetts and New York, and that they accept the appointment.²

The Secretary for Foreign Affairs, to whom was referred a Letter from the Lieut. Governor of Massachusetts of the 24th of February last, together with the papers that came enclosed respecting the arrest and imprisonment of Jonas Hartwell, of that Commonwealth, by the inquisition in Spain, having reported, and the report being amended to read as follows:

That Copies of the said papers should be transmitted to the Chargé des Affaires of the United States at the

¹On this day, according to Committee Book No. 190, the committee, renewed on March 14, on J. Davidson, the case of the sloop Chester and the representation of the Minister of the Netherlands, was discharged and the business referred to the Secretary for Foreign Affairs, who reported July 24, 1786.

²From this point the proceedings for the day were entered only in the manuscript Secret Journal, Foreign Affairs, and in Secret Journal No. 4. A copy is in Secret Journal No. 6, Vol. III.

Johnson's letter is in No. 78, XIII, folio 333.

On this day, as the indorsement states, was read a letter of March 3 from Robert H. Harrison declining to serve as a judge in the controversy between Massachusetts and New York. It is in the Papers of the Continental Congress, No. 78, XII, folio 385.

Wythe's letter is in No. 78, XXIV, folio 503.

Journals of the Continental Congress

That the Secretary of Congress send cards of invitation, make out a list of thirteen toasts for, and act as Master of ceremonies on, that day.

That the Secretary at War take order for procuring a band of musick and for furnishing two cannon with apparatus for firing salutes, and that he order the continental Officer of the highest military rank in the city to conduct the Salutes,
and act as Officer of the day.¹

OFFICE OF THE SECRETARY OF CONGRESS, June, 1785.

The United States in Congress assembled intending to have a new, correct and compleat edition of their journals (crossed out: published as well for the use of the states and public departments as for supplying such as may be desirous of purchasing them.) The printers in the several States are hereby requested to send to this office on or before the first Monday in November next the terms on which they will engage to publish the said journals, and to deliver one thousand copies thereof.

The person or persons contracting must engage to have a compleat index made for the whole from the beginning to the
1^st Monday in Nov^r 1785, and inserted in the volume ending at that time.

The edition is to be in folio (crossed out: plain) bound (crossed out: and lettered and numbered with the several years)
in boards.

The proposals must mention the time when the work (c.o.: will) can be entered upon and the quantity which can be composed daily, and be accompanied with specimens of the paper and types.

The work to be carried on at the place where Congress resides, or within such a distance thereof as shall be determined by the Secretary of Congress, who is to superintend the printing and revise the proof sheets.²

On the report of a committee, consisting of Mr. [Samuel] Hardy, Mr. [David] Howell, Mr. J[ohn] Henry, Mr. [Rufus]

¹This paragraph has a line drawn through it in the Journal and in the margin opposite the resolve and list of guests Thomson has written: "Secretary at War to take order." Resolve Book No. 123 notes: "June 29 Vide Order for a public Dinner. Public Manus^t Journal."

²This report, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 23, folio 235. It is indorsed by Thomson: "Ent^d- read 29 June, 1785. Aug. 25, 1785, Referred to the Sec^y of Congress to take Order."

Journals of the Continental Congress

King and Mr. [William] Grayson, to whom was referred a motion of Mr King,

Resolved, That the commissioners for negotiating a treaty with the western tribes of Indians, under the resolutions of the 18th March last, and of the 15th of June instant, be, and they are hereby directed to hold the said treaty on
the western banks of the Ohio, at the rapids, or at the mouth of the great Miami.

That the Secretary at War detach one company of infantry from the troops in the service of the United States, to attend the said commissioners to, at and from the place where the treaty aforesaid shall be held, and to be subject to the orders of the said Commissioners; and that so much of the act of the 15 instant as directs the Secretary at War to order the troops in the service of the United States, to be in readiness to attend the said commissioners; [and so much of the said Act as requires the Commissioners to obtain from the inhabitants of Kaskaskies, St. Vincents and others, a statement of their rights to lands, and to administer an Oath to the said inhabitants,] be, and are hereby repealed.

Resolved, That (crossed out: if the company of infantry aforesaid be found insufficient for the protection of the said Commissioners and others during the time of holding the said treaty) it be, and hereby is recommended to the Commonwealth of Virginia, on the request of the said Commissioners, to furnish such numbers of the Militia of that State, not exceeding one hundred and fifty men, from the Counties within the State most convenient to the place where the said treaty is to be held, as will give full protection to all persons attending the same: provided the Company of infantry aforesaid, shall be found to be insufficient for that purpose.

The Committee consisting of [Mr. Samuel Hardy, Mr. John Henry and Mr. John Lawrance] to whom was referred
the memorial of

31864^o-VOL.28-33-32

LIBRARY OF CONGRESS
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JOURNALS OF THE

CONTINENTAL CONGRESS

1774-1789

EDITED FROM THE ORIGINAL
RECORDS IN THE LIBRARY OF
CONGRESS BY ROSCOE R. HILL

Volume XXXII. 1787

January 17-July 20




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON
1936

Journals of the Continental Congress

officer, to make such changes, and alterations therein, as he shall judge the good of the service may require.

The tribes of indians who inhabit the south western and eastern parts of Lake Erie, seem peaceably inclined. The Shawanoes who were expelled from the Scioto last autumn, have removed to White Creek on the Wabash, and join'd
the Wabash indians in their hostilities on the inhabitants of Kentucky. The greater part of the troops should therefore be advanced further down the Ohio. Small garrisons to be retained at Venango Fort Pitt and Fort M^cIntosh. One company
at Muskinghum part of which to be posted high up on the river. One company high up the Miami and a small post at its mouth. Three companies to be establish'd at S^t Vincents on the Wabash. The remaining troops amounting to two companies and upwards to be stationed at the Post already established at the rapids in order as well to cover the settlements, as to afford succour to any post that may want it.

A strong post being established at S^t Vincents will probably either curb the hostile indians, or induce them to remove
to a greater distance, or incline them to peace.

In addition to this arrangement it will be necessary that a treaty be held at S^t Vincents with Shawanoes and other Wabash indians in order to effect a peace. This business would particularly belong to the Superintendant. But as the misfortune of breaking his leg will probably incapacitate him for the present, if so, the business might with propriety be delegated to the commanding officer of the troops. That he should be empowered to make peace with the said indians on the terms prescribed to him by Congress. That he should also be empowered to maintain the said peace as far as the authority or interests of the United States should be concerned. That for this purpose he should have the power to confine, and try all persons who should within the jurisdiction and territory of the United States injure or kill any of the indians or otherwise infract the treaty.

That such presents as Congress shall direct for the treaty be provided by the board of treasury.

That if after proper efforts a peace with the indians could not be obtained by reason of their wicked and blood thirsty dispositions the commanding officer should endevor by force to expel them from their towns or extirpate them.

That for this purpose he should collect the whole of his force excepting small garrisons for the respective posts.
That he should have