A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington · Chapter 11Special Messages
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UNITED STATES, January 11, 1790.
Gentlemen of the Senate:
Having advised with you upon the terms of a treaty to be offered to the Creek Nation of Indians, I think it proper you should be informed of the result of that business previous to its coming before you in your legislative capacity. I have therefore directed the Secretary for the Department of War to lay before you my instructions to the commissioners and their report in consequence thereof.
The apparently critical state of the Southern frontier will render it expedient for me to communicate to both Houses of Congress, with other papers, the whole of the transactions relative to the Creeks, in order that they may be enabled to form a judgment of the measures which the case may require,
GEORGE WASHINGTON.
UNITED STATES, January 11, 1790.
Gentlemen of the House of Representatives:
I have directed Mr. Lear, my private secretary, to lay before you a copy of the adoption and ratification of the Constitution of the United States by the State of North Carolina, together with a copy of a letter from His Excellency Samuel Johnston, president of the convention of said State, to the President of the United States.
The originals of the papers which are herewith transmitted to you will be lodged in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, January 12, 1790.
Gentlemen of the Senate and House of Representatives:
I lay before you a statement of the Southwestern frontiers and of the Indian Department, which have been submitted to me by the Secretary for the Department of War.
I conceive that an unreserved but confidential communication of all the papers relative to the recent negotiations with some of the Southern tribes of Indians is indispensably requisite for the information of Congress. I am persuaded that they will effectually prevent either transcripts or publications of all such circumstances as might be injurious to the public interests,
GEORGE WASHINGTON.
UNITED STATES, January 21, 1790.
Gentlemen of the Senate and House of Representatives:
The Secretary for the Department of War has submitted to me certain principles to serve as a plan for the general arrangement of the militia of the United States.
Conceiving the subject to be of the highest importance to the welfare of our country and liable to be placed in various points of view, I have directed him to lay the plan before Congress for their information, in order that they may make such use thereof as they may judge proper.
GEORGE WASHINGTON.
UNITED STATES, January 25, 1790.
Gentlemen of the Senate and House of Representatives:
I have received from His Excellency John E. Howard, governor of the State of Maryland, an act of the legislature of Maryland to ratify certain articles in addition to and amendment of the Constitution of the United States of America, proposed by Congress to the legislatures of the several States, and have directed my secretary to lay a copy of the same before you, together with the copy of a letter, accompanying the above act, from his excellency the governor of Maryland to the President of the United States.
The originals will be deposited in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, January 28, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my secretary to lay before you the copy of an act of the legislature of Rhode Island and Providence Plantations entitled "An act for calling a convention to take into consideration the Constitution proposed for the United States, passed on the 17th day of September, A.D. 1787, by the General Convention held at Philadelphia," together with the copy of a letter, accompanying said act, from His Excellency John Collins, governor of the State of Rhode Island and Providence Plantations, to the President of the United States.
The originals of the foregoing act and letter will be deposited in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, February 1, 1790.
Gentlemen of the Senate and House of Representatives:
I have received from His Excellency Alexander Martin, governor of the State of North Carolina, an act of the general assembly of that State entitled "An act for the purpose of ceding to the United States of America certain western lands therein described," and have directed my secretary to lay a copy of the same before you, together with a copy of a letter, accompanying said act, from His Excellency Governor Martin to the President of the United States.
The originals of the foregoing act and letter will be deposited in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, February 9, 1790.
Gentlemen of the Senate
You will perceive from the papers herewith delivered, and which are enumerated in the annexed list, that a difference subsists between Great Britain and the United States relative to the boundary line between our eastern and their territories. A plan for deciding this difference was laid before the late Congress, and whether that or some other plan of a like kind would not now be eligible is submitted to your consideration.
In my opinion, it is desirable that all questions between this and other nations be speedily and amicably settled, and in this instance I think it advisable to postpone any negotiations on the subject until I shall be informed of the result of your deliberations and receive your advice as to the propositions most proper to be offered on the part of the United States.
As I am taking measures for learning the intentions of Great Britain respecting the further detention of our posts, etc., I am the more solicitous that the business now submitted to you may be prepared for negotiation as soon as the other important affairs which engage your attention will permit.
GEORGE WASHINGTON.
UNITED STATES, February 15, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my secretary to lay before you the copy of a vote of the legislature of the State of New Hampshire, to accept the articles proposed in addition to and amendment of the Constitution of the United States of America, except the second article. At the same time will be delivered to you the copy of a letter from his excellency the president of the State of New Hampshire to the President of the United States.
The originals of the above-mentioned vote and letter will be lodged in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, February 18, 1790.
Gentlemen of the Senate:
By the mail of last evening I received a letter from His Excellency John Hancock, governor of the Commonwealth of Massachusetts, inclosing a resolve of the senate and house of representatives of that Commonwealth and sundry documents relative to the eastern boundary of the United States.
I have directed a copy of the letter and resolve to be laid before you. The documents which accompanied them being but copies of some of the papers which were delivered to you with my communication of the 9th of this month, I have thought it unnecessary to lay them before you at this time. They will be deposited in the office of the Secretary of State, together with the originals of the above-mentioned letters and resolve.
GEORGE WASHINGTON.
UNITED STATES, March 8, 1790.
Gentlemen of the Senate and House of Representatives:
I have received from His Excellency Joshua Clayton, president of the State of Delaware, the articles proposed by Congress to the legislatures of the several States as amendments to the Constitution of the United States, which articles were transmitted to him for the consideration of the legislature of Delaware, and are now returned with the following resolutions annexed to them, viz:
The general assembly of Delaware having taken into their consideration the above amendments, proposed by Congress to the respective legislatures of the several States,
Resolved, That the first article be postponed;
Resolved, That the general assembly do agree to the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles, and we do hereby assent to, ratify, and confirm the same as part of the Constitution of the United States.
In testimony whereof we have caused the great seal of the State to be hereunto affixed this 28th day of January, A.D. 1790, and in the fourteenth year of the independence of the Delaware State.
Signed by order of council.
GEORGE MITCHELL, Speaker.
Signed by order of the house of assembly.
JEHU DAVIS, Speaker.
I have directed a copy of the letter which accompanied the said articles, from His Excellency Joshua Clayton to the President of the United States, to be laid before you.
The before-mentioned articles and the original of the letter will be lodged in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, March 16, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my secretary to lay before you the copy of an act and the form of ratification of certain articles of amendment to the Constitution of the United States by the legislature of the State of Pennsylvania, together with the copy of a letter which accompanied the said act, from the speaker of the house of assembly of Pennsylvania to the President of the United States.
The originals of the above will be lodged in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, April 1, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my private secretary to lay before you a copy of the adoption by the legislature of South Carolina of the articles proposed by Congress to the legislatures of the several States as amendments to the Constitution of the United States, together with the copy of a letter from the governor of the State of South Carolina to the President of the United States, which have lately come to my hands.
The originals of the foregoing will be lodged in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, April 5, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my private secretary to lay before you copies of three acts of the legislature of the State of New York, which have been transmitted to me by the governor thereof, viz:
"An act declaring it to be the duty of the sheriffs of the several counties within this State to receive and safe keep such prisoners as shall be committed under the authority of the United States."
"An act for vesting in the United States of America the light-house and the lands thereunto belonging at Sandy Hook."
"An act ratifying certain articles in addition to and amendment of the Constitution of the United States of America, proposed by Congress."
A copy of a letter accompanying said acts, from the governor of the State of New York to the President of the United States, will at the same time be laid before you, and the originals be deposited in the office of the Secretary of State.
GEORGE WASHINGTON.
UNITED STATES, May 31, 1790.
Gentlemen of the Senate:
Mr. de Poiery served in the American Army for several of the last years of the late war as secretary to Major-General the Marquis de Lafayette, and might probably at that time have obtained the commission of captain from Congress upon application to that body. At present he is an officer in the French national guards, and solicits a brevet commission from the United States of America. I am authorized to add, that while the compliance will involve no expense on our part, it will be particularly grateful to that friend of America, the Marquis de Lafayette. I therefore nominate M. de Poiery to be a captain by brevet.
GEORGE WASHINGTON.
UNITED STATES, June 1, 1790.
Gentlemen of the Senate and House of Representatives:
Having received official information of the accession of the State of Rhode Island and Providence Plantations to the Constitution of the United States, I take the earliest opportunity of communicating the same to you, with my congratulations on this happy event, which unites under the General Government all the States which were originally confederated, and have directed my secretary to lay before you a copy of the letter from the president of the convention of the State of Rhode Island to the President of the United States.
GEORGE WASHINGTON.
UNITED STATES, June 11, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my secretary to lay before you a copy of the ratification of the amendments to the Constitution of the United States by the State of North Carolina, together with an extract from a letter, accompanying said ratification, from the governor of the State of North Carolina to the President of the United States.
GEORGE WASHINGTON.
UNITED STATES, June 16, 1790.
Gentlemen of the Senate and House of Representatives:
The ratification of the Constitution of the United States of America by the State of Rhode Island and Providence Plantations was received by me last night, together with a letter to the President of the United States from the president of the convention. I have directed my secretary to lay before you a copy of each.
GEORGE WASHINGTON.
UNITED STATES, June 30, 1790.
Gentlemen of the Senate and House of Representatives:
An act of the legislature of the State of Rhode Island and Providence Plantations, for ratifying certain articles as amendments to the Constitution of the United States, was yesterday put into my hands, and I have directed my secretary to lay a copy of the same before you.
GO. WASHINGTON.
UNITED STATES, August 4, 1790.
Gentlemen of the Senate;
In consequence of the general principles agreed to by the Senate in August, 1789, the adjustment of the terms of a treaty is far advanced between the United States and the chiefs of the Creek Indians, now in this city, in behalf of themselves and the whole Creek Nation.
In preparing the articles of this treaty the present arrangements of the trade with the Creeks have caused much embarrassment. It seems to be well ascertained that the said trade is almost exclusively in the hands of a company of British merchants, who by agreement make their importations of goods from England into the Spanish ports.
As the trade of the Indians is a main mean of their political management, it is therefore obvious that the United States can not possess any security for the performance of treaties with the Creeks while their trade is liable to be interrupted or withheld at the caprice of two foreign powers.
Hence it becomes an object of real importance to form new channels for the commerce of the Creeks through the United States. But this operation will require time, as the present arrangements can not be suddenly broken without the greatest violation of faith and morals.
It therefore appears to be important to form a secret article of a treaty similar to the one which accompanies this message.
If the Senate should require any further explanation, the Secretary of War will attend them for that purpose.
GEORGE WASHINGTON.
The President of the United States states the following question for the consideration and advice of the Senate: If it should be found essential to a treaty for the firm establishment of peace with the Creek Nation of Indians that an article to the following effect should be inserted therein, will such an article be proper? viz:
The commerce necessary for the Creek Nation shall be carried on through the ports and by the citizens of the United States if substantial and effectual arrangements shall be made for that purpose by the United States on or before the 1st day of August, 1792. In the meantime the said commerce may be carried on through its present channels and according to its present regulations.
And whereas the trade of the said Creek Nation is now carried on wholly or principally through the territories of Spain, and obstructions thereto may happen by war or prohibitions of the Spanish Government, it is therefore agreed between the said parties that in the event of any such obstructions happening it shall be lawful for such persons as —— —— —— —— shall designate to introduce into and transport through the territories of the United States to the country of the said Creek Nation any quantity of goods, wares, and merchandise not exceeding in value in any one year $60,000, and that free from any duties or impositions whatsoever, but subject to such regulations for guarding against abuse as the United States shall judge necessary, which privilege shall continue as long as such obstruction shall continue.
GEORGE WASHINGTON.
UNITED STATES, August 6, 1790.
Gentlemen of the Senate:
Considering the circumstances which prevented the late commissioners from concluding a peace with the Creek Nation of Indians, it appeared to me most prudent that all subsequent measures for disposing them to a treaty should in the first instance be informal.
I informed you on the 4th instant that the adjustment of the terms of a treaty with their chiefs, now here, was far advanced. Such further progress has since been made that I think measures may at present be taken for conducting and concluding that business in form. It therefore becomes necessary that a proper person be appointed and authorized to treat with these chiefs and to conclude a treaty with them. For this purpose I nominate to you Henry Knox.
GO. WASHINGTON.
UNITED STATES, August 6, 1790.
Gentlemen of the Senate and House of Representatives:
I have directed my secretary to lay before you a copy of an exemplified copy of a law to ratify on the part of the State of New Jersey certain amendments to the Constitution of the United States, together with a copy of a letter, which accompanied said ratification, from Hon. Elisha Lawrence, esq., vice-president of the State of New Jersey, to the President of the United States.
GO. WASHINGTON.
UNITED STATES, August 7, 1790.
Gentlemen of the Senate:
I lay before you a treaty between the United States and the chiefs of the Creek Nation, now in this city, in behalf of themselves and the whole Creek Nation, subject to the ratification of the President of the United States with the advice and consent of the Senate.
While I flatter myself that this treaty will be productive of present peace and prosperity to our Southern frontier, it is to be expected that it will also in its consequences be the means of firmly attaching the Creeks and the neighboring tribes to the interests of the United States.
At the same time it is to be hoped that it will afford solid grounds of satisfaction to the State of Georgia, as it contains a regular, full, and definitive relinquishment on the part of the Creek Nation of the Oconee land in the utmost extent in which it has been claimed by that State, and thus extinguishes the principal cause of those hostilities from which it has more than once experienced such severe calamities.
But although the most valuable of the disputed land is included, yet there is a certain claim of Georgia, arising out of the treaty made by that State at Galphinston in November, 1785, of land to the eastward of a new temporary line from the forks of the Oconee and Oakmulgee in a southwest direction to the St. Marys River, which tract of land the Creeks in this city absolutely refuse to yield.
This land is reported to be generally barren, sunken, and unfit for cultivation, except in some instances on the margin of the rivers, on which by improvement rice might be cultivated, its chief value depending on the timber fit for the building of ships, with which it is represented as abounding.
While it is thus circumstanced on the one hand, it is stated by the Creeks on the other to be of the highest importance to them as constituting some of their most valuable winter hunting ground.
I have directed the commissioner to whom the charge of adjusting this treaty has been committed to lay before you such papers and documents and to communicate to you such information relatively to it as you may require.
GEORGE WASHINGTON.
UNITED STATES, August 11, 1790.
Gentlemen of the Senate:
Although the treaty with the Creeks may be regarded as the main foundation of the future peace and prosperity of the Southwestern frontier of the United States, yet in order fully to effect so desirable an object the treaties which have been entered into with the other tribes in that quarter must be faithfully performed on our parts.
During the last year I laid before the Senate a particular statement of the case of the Cherokees. By a reference to that paper it will appear that the United States formed a treaty with the Cherokees in November, 1785; that the said Cherokees thereby placed themselves under the protection of the United States and had a boundary assigned them; that the white people settled on the frontiers had openly violated the said boundary by intruding on the Indian lands; that the United States in Congress assembled did, on the 1st day of September, 1788, issue their proclamation forbidding all such unwarrantable intrusions, and enjoined all those who had settled upon the hunting grounds of the Cherokees to depart with their families and effects without loss of time, as they would answer their disobedience to the injunctions and prohibitions expressed at their peril.
But information has been received that notwithstanding the said treaty and proclamation upward of 500 families have settled on the Cherokee lands exclusively of those settled between the fork of French Broad and Holstein rivers, mentioned in the said treaty.
As the obstructions to a proper conduct on this matter have been removed since it was mentioned to the Senate on the 22d of August, 1789, by the accession of North Carolina to the present Union and the cessions of the land in question, I shall conceive myself bound to exert the powers intrusted to me by the Constitution in order to carry into faithful execution the treaty of Hopewell, unless it shall be thought proper to attempt to arrange a new boundary with the Cherokees, embracing the settlements, and compensating the Cherokees for the cessions they shall make on the occasion. On this point, therefore, I state the following questions and request the advice of the Senate thereon:
First. Is it the judgment of the Senate that overtures shall be made to the Cherokees to arrange a new boundary so as to embrace the settlements made by the white people since the treaty of Hopewell, in November, 1785?
Second. If so, shall compensation to the amount of —— dollars annually, or of —— dollars in gross, be made to the Cherokees for the land they shall relinquish, holding the occupiers of the land accountable to the United States for its value?
Third. Shall the United States stipulate solemnly to guarantee the new boundary which may be arranged?
GEORGE WASHINGTON.