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From George Washington to the U.S. Senate, 4 January 1797

To the United States Senate

United States
January 4th 1797

Gentlemen of the Senate,

I lay before You, for Your Consideration, a Treaty which has been negociated and concluded on, the twenty ninth day of June last, by Benjamin Hawkins, Andrew Pickens, and George Clymer, Commissioners, on behalf of the United States, with the Creek Indians, together with the Instructions which were given to the said Commissioners and the proceedings at the place of Treaty.1

I submit also the proceedings and result of a Treaty held at the City of New-York on behalf of the State of New York with certain Nations or tribes of Indians denominating themselves the Seven Nations of Canada.2

Go: Washington

LS, DNA: RG 46, entry 54; LB, DLC:GW.

1GW presented the Senate with the treaty between the United States and the Creek Nation, signed at Colerain, Ga., on 29 June 1796, a copy of which Secretary of War James McHenry had sent GW on 25 July (see McHenry to GW, that date, and n.3). For the instructions given to treaty commissioners Benjamin Hawkins, George Clymer, and Andrew Pickens, see Timothy Pickering to GW, 2 July 1795, and n.1. For their appointments in 1795 as commissioners to negotiate with the Creeks, see GW to the U.S. Senate, 25 June 1795 (second letter). For the text of the treaty, see ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Indian Affairs, 1:586–616; and Kappler, Indian Treaties description begins Charles J. Kappler, ed. Indian Affairs. Laws and Treaties. 5 vols. Washington, D.C., 1903–41. description ends , 46–50.

The Senate read this letter on 4 Jan. but postponed reading some of the enclosed papers. On 16 Jan., the treaty was referred to a committee, which submitted a report for examination. Debate over the report and treaty began on 14 February. A motion was made to amend the report on 21 Feb., and on 2 March, the Senate consented to the treaty. GW was advised to ratify it on the condition that “nothing in the third and fourth articles … shall be construed to affect any claim of the State of Georgia to the right of pre-emption in the land therein set apart for military or trading posts; or to give to the United States, without the consent of the said State, any right to the soil, or to the exclusive legislation over the same, or any other right than that of establishing, maintaining, and exclusively governing, military and trading posts within the Indian territory, mentioned in the said articles, as long as the frontier of Georgia may require these establishments” (Senate Executive Journal description begins Journal of the Executive Proceedings of the Senate of the United States of America: From the commencement of the First, to the termination of the Nineteenth Congress. Vol. 1. Washington, D.C., 1828. description ends , 219–31). Articles III and IV of the treaty pertained to the right of the United States to establish trading and military posts near the the Altamaha River and the annexation of Indian land for that purpose (see ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Indian Affairs, 1:587).

2The U.S. treaty with the Seven Nations of Canada was signed at New York City on 31 May 1796 by U.S. commissioner Abraham Ogden, three agents for New York State, and the following four Indian deputies: “Ohaweio, alias Goodstream”; “Otiatokarongwan, alias Col. Lewis Cook”; “William Gray”; and “Teharagwanegen, alias Thos. Williams.” The treaty authorized the cession of land to New York by the Seven Nations in return for monetary compensation (see Kappler, Indian Treaties description begins Charles J. Kappler, ed. Indian Affairs. Laws and Treaties. 5 vols. Washington, D.C., 1903–41. description ends , 45–46; see also ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Indian Affairs, 1:616–20).

The Senate postponed consideration of the treaty for several days but advised its ratification on 16 Jan. (see Senate Executive Journal description begins Journal of the Executive Proceedings of the Senate of the United States of America: From the commencement of the First, to the termination of the Nineteenth Congress. Vol. 1. Washington, D.C., 1828. description ends , 221).

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