EXECUTIVE JOURNAL. [FIRST SESSION.] MONDAY, MAY 25, 1789. THE SENATE BEING ASSEMBLED, General Knox brought the following message from the President, which he delivered into the hands of the Vice-President, and withdrew. Gentlemen of the Senate: In pursuance of the order of the late Congress, treaties between the United States and several nations of Indians have been negotiated and signed. These treaties, with sundry papers respecting them, I now lay before you, for your consideration and advice, by the hands of General Knox, under whose official superintendence the business was transacted; and who will be ready to communicate to you any information on such points as may appear to require it, NEW YORK, May 25th, 1789. GO. WASHINGTON. The Secretary at War having examined the negotiations of the Governor of the Western Territory, with certain northern and north-western Indians, and the treaties made in consequence thereof at Fort Harmar, on the 9th of January, 1789, begs leave to REPORT: That the several treaties of peace which have been made with the northern tribes of Indians, and those north-west of the Ohio, since the conclusion of the late war with Great Britain, are as follows, to wit: 1st. The treaty at Fort Stanwix, on the 22d day of October, 1784, between Oliver Wolcott, Richard Butler, and Arthur Lee, Commissioners Plenipotentiary from the United States, on the one part, and the Sachems and Warriors of the Six Nations, on the other. 2d. The treaty entered into by the said Commissioners Plenipotentiary and the Sachems and Warriors of the Wyandot, Delaware, Chippawa, and Ottawa nations of Indians, at Fort McIntosh, the 21st day of January, 1785. 3d. The treaty at the mouth of the Great Miami, the 31st day of January, 1786, between Commissioners from the United States and the Chiefs and Warriors of the Shawonoe nation. That the treaties of Fort Stanwix and Fort McIntosh, were entered on the journals of the United States, in Congress assembled, June 3d, 1785, and the treaty of the Miami on the 17th day of April, 1786. That it may be proper to observe, that the Indians are greatly tenacious of their lands, and generally do not relinquish their right, excepting on the principle of a specific consideration expressly given for the purchase of the same. That the practice of the late English colonies and government, in purchasing the Indian claims, has firmly established the habit in this respect, so that it cannot be violated but with difficulty, and an expense greatly exceeding the value of the object. That the treaties of Fort Stanwix and of Fort McIntosh, do not state that the limits therein defined are by virtue of a purchase from the Indians. That the said treaties have been opposed and complained of, will appear by the representation to Congress accompanying this report, marked No. 1. That in consequence of the said representation, Congress, on the 21st day of July, 1787, passed the following resolve: "Resolved, that the Superintendent of Indian Affairs for the Northern De"partment, inform the Five Nations, the Hurons, and other Indian nations, "who joined in the representation made to Congress, dated the 18th day of "December, 1786, that Congress, on the 18th of the present month, July "1787, received their said representation, and have taken it into their serious "consideration, and in due time will send them an answer. That on the 5th of October, following, Congress resolved: "That a general treaty be held with the tribes of Indians within the limits of "the United States, inhabiting the country north-west of the Ohio, and about "Lake Erie, as soon after the first of April next, as conveniently may be, and "at such place, and at such particular time, as the Governor of the Western "Territory shall appoint, for the purpose of knowing the causes of uneasi"ness among the said tribes, and hearing their complaints, of regulating "trade, and amicably settling all affairs concerning lands and boundaries "between them and the United States. "That the Governor of the Western Territory hold the said treaty, agree"ably to such instructions as shall be given him for that purpose." That on the 12th of October, 1787, Congress resolved: "That twenty thousand dollars be, and hereby are appropriated, for the "purpose of Indian treaties, whenever the same shall hereafter be judged "necessary by a majority of the United States, in Congress assembled; and "that the resolutions for holding a general treaty with the Indians, passed "the fifth day of the present month, be, and they are hereby repealed. That on the 22d of October, 1787, Congress resolved: "That the Governor of the Western Territory be, and he is hereby em"powered to hold a general treaty with the Indian tribes the ensuing spring, "if in his judgment the public good requires it, and that he be authorized "to draw for such sums of money, appropriated by the resolve of Congress, "of the 12th instant, as may be necessary to effect this object, not exceed"ing the sum of fourteen thousand dollars." That on the 2d of July, 1788, Congress resolved: "That the sum of twenty thousand dollars, in addition to the fourteen "thousand dollars already appropriated, be appropriated for defraying the expenses of the treaties which have been ordered, or which may be or"dered to be held on the present year, with the several Indian tribes in the "northern department, and for extinguishing the Indian claims; the whole "of the said twenty thousand dollars, together with six thousand dollars of "the said fourteen thousand dollars, to be applied solely to the purpose of "extinguishing Indian claims to the lands they have already ceded to the "United States, by obtaining regular conveyances for the same, and for ex"tending a purchase beyond the limits hitherto fixed by treaty: but that no "part of the said sums be applied for any purpose other than those above" mentioned." That the instructions to the Governor of the Western Territory, marked No. 2, will further show the sense of Congress on this subject. That the treaties of Fort Harmar, on the 9th of January, 1789, with the Sachems and Warriors of the Six Nations, the Mohawks excepted; and with the Sachems and Warriors of the Wyandot, Delaware, Ottawa, Chippawa, Pattiwatima, and Sac nations, inhabiting part of the country northwest of the Ohio, appear to have been negotiated by the Governor of the Western Territory, so as to unite the interests of the United States with the justice due the said Indian nations. That the reservation, in the treaty with the Six Nations, of six miles square round the Fort at Oswego, is within the territory of the State of New York, and ought to be so explained as to render it conformable to the Constitution. of the United States. That, if this explanation should be made, and the Senate of the United States should concur in their approbation of the said treaties, it might be proper that the same should be ratified and published, with a proclamation enjoining an observance thereof. All which is humbly submitted to the President of the United States. WAR OFFICE, May 23, 1789, H. KNOX. Ordered, That the message from the President, with the papers accompanying the same, lie on the table for consideration. THURSDAY, JUNE 11, 1789. A message from the President of the United States was received, by Mr. Jay. Gentlemen of the Senate: A Convention between his most Christian Majesty and the United States, for the purposes of determining and fixing the functions and prerogatives of their respective Consuls, Vice Consuls, Agents, and Commissaries, was signed by their respective Plenipotentiaries, on the 29th of July, 1784. It appearing to the late Congress that certain alterations in that Convention ought to be made, they instructed their Minister at the Court of France to endeavor to obtain them. It has accordingly been altered in several respects, and, as amended, was signed by the Plenipotentiaries of the contracting powers, on the 14th of November, 1788. The sixteenth article provides, that it shall be in force during the term of twelve years, to be counted from the day of the exchange of ratifications, which shall be given in proper form, and exchanged, on both sides, within the space of one year, or sooner, if possible. I now lay before you the original, by the hands of Mr. Jay, for your consideration and advice. The papers relative to this negotiation are in hist custody, and he has my orders to communicate to you whatever official papers and information on the subject he may possess and you may require. GO. WASHINGTON, President U. States. NEW YORK, June 11th, 1789. The message being read, was ordered to lie for consideration. FRIDAY, JUNE 12, 1789. Proceeded to the consideration of the President's message of 25th ultimo, respecting the Indian treaties held by Governor St. Clair, with the Chiefs of the Six Nations, and appointed Mr. Few, Mr. Read, and Mr. Henry, a committee thereon. The message from the President, of the 11th of June, was again read: whereupon, Ordered, That Mr. Jay furnish the Senate with an accurate translation of the Consular Conventions between his most Christian Majesty and the United States, and a copy thereof for each member of Senate. The further consideration of the President's message, of June 11th, was postponed. TUESDAY, JUNE 16, 1789. A message from the President, by Mr. Jay. Gentlemen of the Senate: Mr. Jefferson, the present Minister of the United States at the Court of France, having applied for permission to return home for a few months, and it appearing to me proper to comply with his request, it becomes necessary that some person be appointed to take charge of our affairs at that Court during his absence. For this purpose I nominate William Short, Esquire, and request your advice on the propriety of appointing him. There are, in the Office for Foreign Affairs, papers which will acquaint you with his character, and which Mr. Jay has my directions to lay before you, at such time as you may think proper to assign. NEW YORK, June 15th, 1789. GO. WASHINGTON. Ordered, That Mr. Jay lay before the Senate, to-morrow, at 12 o'clock, the papers referred to in the President's message of this day, relative to the character of Mr. Short. Ordered, That the message from the President lie for consideration. WEDNESDAY, JUNE 17, 1789. Agrecably to the order of yesterday, Mr. Jay brought to the Senate the papers referred to in the President's message received the 16th. Ordered, That Mr. Jay examine the translation of the Consular Convention, and report his opinion as to its fidelity; and that he lay before the Senate all the papers in his custody relative to the negotiation, and whatever official papers and information on the subject he may possess. Proceeded to consider the nomination of William Short, Esquire, to take charge of the affairs of the United States at the Court of Versailles, as contained in the President's message received the 16th. THURSDAY, JUNE 18, 1789. The Senate procceded in the consideration of the President's message on the nomination of William Short, Esquire. |