From John Jay to Timothy Pickering, 13 July 1795
To Timothy Pickering
New York 13 July 1795
Sir,
On the 6th. I was favoured with yours of the 3d of this month together with the papers mentioned to be inclosed with it.1
My information relative to the Indian affairs of this State being imperfect, it has not been in my power to answer your letter with sufficient accuracy at a more early day.
Whether the Constitution of the United States warrants the Act of Congress of the 1. March 1793 and whether the act of this State respecting the business now negociating with the Onondaga and other Tribes of Indians, is consistent with both or either of them, are Questions which on this occasion I think I should forbear officially to consider and decide.2
It appears to me from the 37 article of the New York Constitution that every Convention or Contract with Indian Tribes meditated by this State, must be directed and provided for by Legislative Acts; and consequently that the Governor can take no measures relative thereto, but such as those acts may indicate or permit.3
You will perceive from an act of this State (of which you doubtless have a Copy) passed the 9. April 1795 that the negociations in question are therein particularly directed and specified and that it commits the management of the business to five Agents viz. The Governor for the time being, General Schuyler, John Cantine, David Brooks and John Richardson, or any three of them. As to any intervention or concurrence of the United States the act is silent and I do not observe anything in it which by implication directs or authorizes the Governor to apply for such intervention or which implies that the Legislature conceived it to be either necessary or expedient.4
The arrangement of this business was finished, before I came into office General Schuyler by a letter to me dated the 9. of last Month but which I did not receive till the 26th says “It was agreed to meet those tribes at Onondaga on the 15 of next month and notice has been given them then and there to convene and it was determined that the Commissioners (Governor Clinton excepted) were to meet in this City (Albany) on the first day of next Month to proceed on the Journey to Onondaga. The requisite arrangements for supplying the Indians with provisions &c. during the Conference have been made and the necessary Stores for the accommodation of the Commissioners provided.”5
The importance of harmony between the United States and this is obvious. I am persuaded of the Presidents Disposition to promote it; and I assure you my wishes point constantly to the same object—6 I have the honor to be with great respect Sir Your most obedt. & hble Servt.
(signed) John Jay
The Honble Timothy Pickering Secy at War
C, DLC: Washington (EJ: 10650). Marked “(Copy)” below signature.
1. Letter and enclosed papers not found.
2. JJ is here referring to U.S. Constitution, Art. I, § 10, Art. 2, § 2 and “An Act to Regulate Trade and Intercourse with the Indian Tribes,” 1 Mar. 1793, , 1: 329–32.
3. Article 37 of the New York Constitution reads: “And whereas it is of great importance to the safety of this State that peace and amity with the Indians within the same be at all times supported and maintained; and whereas the frauds too often practiced towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities: Be it ordained, that no purchases or contracts for the sale of lands, made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this State, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this State.” : 13–14.
4. “An ACT for the better Support of the Oneida, Onondaga, and Cayuga Indians, and for other Purposes therein mentioned,” 9 Apr. 1795, N.Y. State Laws, 18th Sess. (1795), 43–46.
5. Schuyler to JJ, 9 June 1795, above.
6. For more on the federal mediation involving negotiations between the State of New York and the Haudenosaunee, see the editorial note “Indian Affairs under Jay’s Governorship,” above.