Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States all claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit east and north of the same, reserving only six miles square round the fort of Oswego, to the United States, for the support of the same. Art. 4. The commissioners of the United States, in consideration of the present circumstances of the said nations, and in execution of the humane and liberal views of the United States upon the signing of the above articles, will order goods to be delivered to the said six Nations for their use and comfort." And a copy of the treaty entered into by the said commissioners with the sachems and warriors of the Wiandot, Delaware, Chippawas, and Ottawas Indians at Fort M'Intosh, on the 21st day of January, 1785, in the words following: Articles of a treaty concluded at Fort M'Intosh, the 21st day of January, 1785, between the commissioners plenipotentiary of the United States of America, of the one part, and sachems and warriors of the Wiandot, Delaware, Chippawa and Ottawa nations, of the other. The commissioners plenipotentiary of the United States in Congress assembled, give peace to the Wiandot, Delaware, Chippawa and Ottawa nations of Indians, on the following conditions; Art. 1. Three chiefs, one from among the Wiandot, and two from among the Delaware, nations, shall be delivered up to the commissioners of the United States, to be by them retained till all the prisoners, white and black, taken by the said nations or any of them, shall be restored. Art. 2. The said Indian nations do acknowledge themselves and all their tribes to be under the protection of the United States, and of no other sovereign whatsoever. Art 3. The boundary line between the United States and the Wiandot and Delaware nations, shall begin at the mouth of the river Cayahoga, and run thence up the said river to the portage, between that and the Tuscarawas branch of Muskingum; then down the said branch to the forks at the crossing place above Fort-Lawrence; then westerly to the portage of the Big Miami, which runs into the Ohio, at the mouth of which branch the fort stood, which was taken by the French in 1752, then along the said portage to the Great Miami, or Ome river, and down the southeast side of the same to its mouth, thence along the south shore of lake Erie, to the mouth of Cayahoga where it began. Art. 4. The United States allot all the lands contained within the said lines to the Wiandot and Delaware nations, to live and to hunt on, and to such of the Ottawa nation as now live thereon; saving and reserving for the establishment of trading posts, six miles square at the mouth of Miami or Ome river, and the same at the portage on that branch of the Big Miami, which runs into the Ohio, and the same on the lake of Sanduske, where the fort formerly stood, and also two miles square on each side of the lower rapids of Sanduske river, which posts and the lands annexed to them, shall be to the use and under the government of the United States. Art. 5. If any citizen of the United States or other person not being an Indian, shall attempt to settle on any of the lands allotted to the Wiandot and Delaware nations in this treaty, except on the lands reserved to the United States in the preceding article, such person shall forfeit the protection of the United States, and the Indians may punish him as they please. Art. 6. The Indians who sign this treaty, as well in behalf of all their tribes as of themselves, do acknowledge the lands east, south and west of the lines described in the 3d article, so far as the said Indians formerly claimed the same, to belong to the United States; and none of their tribes shall presume to settle upon the same, or any part of it. Art. 7. The post of Detroit, with a district beginning at the mouth of the river Rosine, on the west end of lake Erie, and running west six miles up the southern bank of the said river, thence northerly and always six miles west of the strait, till it strikes the lake St. Clair, shall be also reserved to the sole use of the United States. Art. 8. In the same manner the post of Michillimackinac with its dependencies, and 12 miles square about the same, shall be reserved to the use of the United States. Art. 9. If any Indian or Indians, shall commit a robbery or murder on any citizen of the United States, the tribe to which such offenders may belong, shall be bound to deliver them up at the nearest post, to be punished according to the ordinances of the United States. Art. 10. The commissioners of the United States in pursuance of the hu manc and liberal views of Congress, upon this treaty's being signed, will direct goods to be distributed among the different tribes for their use and comfort. Separate article. It is agreed that the Delaware chiefs Kelelamond or colonel Henry Hengue, Pushees, or the Big-Cat Wicocalind, or captain White Eyes, who took up the hatchet for the United States, and their families, shall be received into the Delaware nation, in the same situation and rank as before the war, and enjoy their due portions of the lands given to the Wiandot and Delaware nations, in this treaty, as fully as if they had not taken part with America, or as any other person or persons in the said nations;" Be published and transmitted to the executives of the several states; and that it be declared, that no purchases, which have been or hereafter may be made from the Indians, at any treaties held or to be held with them, of their right to soil within the limits of any state, can, ought or shall be considered as interfering with the right of any such state to the jurisdiction or soil. A motion was made by Mr. Houstoun, seconded by Mr. Ellery, that the foregoing motion be committed; and when the question was about to be put, the yeas and nays being required by Mr. Pinckney, the determination thereof was postponed to next day by the state of Georgia. MONDAY, June 6, 1785. Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina and Georgia; and from the state of New-Hampshire, Mr. Foster, and from North-Carolina, Mr. Spaight. On the question for commitment, the determination of which was postponed by the state of Georgia, and on which the yeas and nays were required by Mr. Pinckney, N-Hampshire, Mr. Foster, no * Maryland, no ay div. Virginia, no S Mr. McHenry, ay ayay no Rhode-Island, Mr. Ellery, Howell, no So the question was lost. Congress resumed the consideration of the report of the committee, which was under debate on the 31st May last; and on the question, Resolved, That the paragraph, on which the question was lost, be re-considered. On the question to agree to the said paragraph, the yeas and nays being required by Mr. Pinckney, N-Hampshire, Mr. Foster, ay ay ay Howell, ay, } ay ay ay ay Virginia, Mr. Monroe, ay Lawrance, ay no S.-Carolina, Mr. Pinckney, no div. ay Mr. Houstoun, no So it was Resolved, That the commissioners instructed to hold a treaty under the resolutions of the 18th of March last, with the western tribes of Indians, at post St. Vincent, on the 20th day of June, for the purpose of obtaining from them a cession of lands, be, and they are hereby authorized and directed, to avail themselves of the disposition of the Indians and the funds committed to their charge, to make such cession as extensive and liberal as possible. TUESDAY, June 7, 1785. Congress assembled: Present as yesterday. On the report of a committee, consisting of Mr. Ellery, Mr. Monroe, Mr. Read, Mr. Williamson and Mr. Spaight, to whom were referred sundry applications from Canadian refugees, Resolved, That the commissioners for settling the accounts of the state of New-York with the United States, be authorized and directed to examine the accounts of such Canadian refugees, as have furnished the late armies of these states with any sort of supplies, and report thereon to Congress: That the said commissioners cause the foregoing resolution to be published in Canada, and in such of the states in the union as they may judge proper, to the end, that such Canadian refugees may be duly informed thereof: That the papers of Canadian refugees who have applied to Congress for a settlement of their accounts, be returned to them, on their application, by the secretary of Congress: That the committee be discharged of the petition of Mr. Jollibois, Congress having, on the 15th April, 1784, resolved on his case: That Mr. L'Eclise have leave to withdraw his petition. Ordered, That the remainder of the report be re-committed. On the report of a committee, consisting of Mr. Williamson, Mr. King, Mr. Howell, Mr. Johnson and Mr. Holten, to whom was referred a memorial of M. Hazen, esq. Resolved, That the claims of Moses Hazen, esq. to pay and half-pay, above that of a colonel in the line, be referred to the secretary at war to report: That the claims of Moses Hazen, esq. to the immediate payment of money, be referred to the board of treasury to report. The committee, consisting of Mr. M.Henry, Mr. Johnson and Mr. W. Livingston, to whom was referred a petition of Timothy Bradly, late a purchasing commissary, report, That however commendable Mr. Bradly's exertions appear to have been, in procuring supplies of provisions whilst he was purchasing commissary, yet Congress cannot order him any additional pay in consideration thereof, without establishing a precedent that might be applied to the revision and augmentation of the pay of every department of the late army. Resolved, That Congress agree to the said report. On the report of a committee, consisting of Mr. Howell, Mr. Bull and Mr. W. Henry, to whom was referred a memorial of John Story, Resolved, That the commissioners appointed under the resolution of the 27th February, 1782, in settling the accounts of their respective departments, be instructed to have recourse to the principles of the resolutions of June Sd, 1784, so far as they may apply. Ordered, That the claim of the memorialist to pay, as aid-de-camp to the late major-general lord Stirling, be referred to the secretary at war to report: That the claim of the memorialist to pay, for his attendance in settling the public accounts of the quarter-master's department, be referred to the board of treasury to report. On the report of a committee, consisting of Mr. Read, Mr. Holten and Mr. Monroe, to whom was referred a letter of 21st December, 1784, from Mr. J. Carleton, secretary in the war office, enclosing an extract of a letter from lieutenant David Lucket, Resolved, That lieutenant David Lucket, at his own request, be permitted to retire from the service of the United States: and that the secretary at war discharge the men lately stationed at Fort-Pitt, under command of the said lieutenant Lucket, as soon as a relief can be marched to take charge of the public stores at that garrison. That the secretary at war station a small detachment from colonel Harmar's regiment, under the command of a proper officer, at Fort-Pitt, as a guard to the public stores at that post. On the report of a committee, consisting of Mr. M'Henry, Mr. Williamson, Mr. Howell, Mr. Read and Mr. Holten, to whom was referred a report, touching invalids, Resolved, That it be, and it is hereby recommended to the several states, to make provision for officers, soldiers or seamen, who have been disabled in the service of the United States, in the following manner: 1. A complete list shall be made out by such person or persons as each state shall direct, of all the officers, soldiers or seamen resident in their respective states, who have served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, so as to be incapable of military duty, or of obtaining a livelihood by labour. In this list shall be expressed the pay, age, and disability of each invalid, also the regiment, corps or ship to which he belonged, and a copy of the same shall be transmitted to the office of the secretary at war, within one year after each state shall pass a law for this purpose; and a like descriptive list of the invalids resident in the respective states, shall, from year to year, be annually transmitted to the office of the secretary at war. 2. No officer, soldier or seaman, shall be considered as an invalid, or entitled to pay, unless he can produce a certificate from the commanding officer or surgeon of the regiment, ship, corps or company in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his disability, and that he was thus disabled while in the service of the United States. 3. That all commissioned officers within the aforesaid description, disabled in the service of the United States, so as to be wholly incapable of military duty, or of obtaining a livelihood, be allowed a yearly pension equal to half of their pay respectively: and all commissioned officers as aforesaid, who shall not have been disabled in so great a degree, be allowed a yearly pension, which shall correspond with the degree of their disability, compared with that of an officer wholly disabled; that all non-commissioned officers and privates within the aforesaid description, disabled in the service of the United States, so as to be wholly incapable of military or garrison duty, or of obtaining a livelihood by labour, be allowed a sum not exceeding five dollars per month: and all non-commissioned officers and privates as aforesaid, who shall not have been disabled in so great a degree, be allowed such a sum as shall correspond with the degree of their disability, compared with that of a non-commissioned officer or private wholly disabled. 4. That each state appoint one or more persons of suitable abilities, to examine all claimants, and to report whether the person producing a certificate, setting forth that he is an invalid, be such in fact, and if such, to what pay he is entitled; and thereupon, the persons appointed to make such enquiry, shall give to the invalid a certificate specifying to what pay he is entitled, and transmit a copy to the person who may be appointed by the state to receive and record the same. 5. That each state be authorized to pay to the commissioned officers, non-commissioned offi. eers and privates, the sum or sums to which they shall be respectively entitled, agreeably to the before-mentioned certificates; the said payments to be deducted from the respective quotas of the states for the year on which they shall be made. Provided that no officer who has accepted his commutation for half-pay, shall be entered on the list of invalids, unless he shall have first returned his commutation. 6. That any state may form such invalids under the aforesaid description, as are citizens of the same, and are capable of garrison duty, into corps, to be employed in guarding military stores, aiding the police, or otherwise, as the state may direct. 7. That when invalids shall be formed into corps, there be quarterly returns, comprehending the pay, age, disability, regiment, ship or corps to which they severally belonged, made out and signed by their commanding officer, and transmitted to such person or persons as the state shall direct, that their pay may be ordered according to the said return. 8. That all invalids, as well those formed into corps, as those who are not, shall annually apply themselves to a magistrate of the county in which they reside or may be stationed, and take the following oath, viz. A. B. came before me, one of the justices of the county of in the state of and made oath, that he was examined by appointed by the said state (or commonwealth) for that purpose, obtained a certificate, (or had his certificate examined and countersigned) setting forth that he had served in that he was disabled by and that he now lives in the and in the county of 9. That the affidavits, drawn according to the above form, and date, and attested by a magistrate, be sent by the said magistrate to the person or persons appointed by the state, to receive and record the same, and that a counterpart of the affidavit be preserved by the person taking it, to be exhibited to such persons as shall be appointed by the state to pay the invalids. A motion being made by Mr. Monroe, seconded by Mr. Hindman, That the salary of the commissioner to be appointed to settle the accounts of the state of Virginia against the United States, under the act of cession, of her claims to territory north-westward of the river Ohio, shall be at the rate of dollars per annum; and that the resolution of the 21st day of April last, respecting the same, be repealed. A motion was made by Mr. Ramsay, seconded by Mr. Hindman, to fill up the blank with the words "2500.” And on the question to agree to this, the yeas and nays being required by Mr. Ellery, Six states only attending; namely, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina, and Georgia; and from the state of Rhode-Island, Mr. Ellery; from Connecticut, Mr. Johnson; from New-York, Mr. Smith; the president adjourned Congress to ten o'clock to-morrow. THURSDAY, June 9, 1785. Congress assembled: Present, Massachusetts, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, South-Carolina, and Georgia; and from the state of New-Hampshire, Mr. Foster. In further pursuance of the resolution of the 10th day of December last, the agents of the states of New-York and Massachusetts, made the following report: To the honourable the United States in Congress assembled, the subscribers, agents of the state of New-York and Massachusetts, beg leave to represent, that they have agreed upon the hon. Samuel Johnson, esq. of North-Carolina, the hon. William Fleming, esq. of Virginia, and the hon. John Sitgreaves, esq. of North-Carolina, to be judges, instead of the hon. John Rutledge, Robert Hanson Harrison, and William Grayson, esqrs, who have declined their appointment to sit in the federal court, for a trial of a controversy between the said states of Massachusetts and New-York, which controversy is suggested in the petition of the former, now on the files of Congress; and thereupon the said agents do humbly request, that notice may be given to the said Samuel Johnson, William Fleming and John Sitgreaves, esqrs. and that upon their acceptance a commission may be issued to them, together with the hon. Thomas Johnson, George Wythe, George Reed, James Monroe, Isaac Smith and William Patterson, esqrs. constituting them a court according to the confederation, to meet at the city of Williamsburgh, in the state of Virginia, on the 3d Tuesday of November next, to hear and determine the controversy aforesaid." JOHN LOWELL, THEOP. PARSONS, Agents for Massachusetts. RUFUS KING, S. HOLTON, On motion of Mr Monroe, seconded by Mr. Ramsay, Resolved, That the board of treasury be, and hereby are directed to take order for the payment of 333 1-3 dollars, to the guardian of Hugh Mercer, son of the late general Mercer, for one year's education and board. On the report of a committee, consisting of Mr. Grayson, Mr. Howell and Mr. Pettit, appointed to consider, what sum it may be necessary to advance to the geographers and surveyors, for carrying into execution the ordinance of the 20th May. Resolved, That the board of treasury advance to Thomas Hutchins, geographer of the United States, 700 dollars on account. That the board of treasury advance Thomas Hutchins, geographer of the United States, 6000 dollars, for which he is to be accountable, to be applied by him, from time to time, to the use of the several officers concerned in carrying into execution the ordinance for ascertaining the mode of disposing of lands in the western territory. Congress resumed the consideration of the motion made yesterday by Mr. Monroe, and the same being amended, |