"1st. In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested? "2d. Shall the Commissioners be instructed to pursue any other measures respecting the Chickesaws and Choctaws, than those herein suggested? "3d. If the Commissioners shall adjudge that the Creek nation was fully represented at the three treaties with Georgia, and that the cessions of land were obtained with the full understanding and free consent of the acknowledged proprietors, and that the said treaties ought to be considered as just and equitable: In this case, shall the Commissioners be instructed to insist on a formal renewal and confirmation thereof? And in case of a refusal, shall they be instructed to inform the Creeks that the arms of the Union shall be employed to compel them to acknowledge the justice of the said cessions? "4th. But if the Commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek nation, or that the treaties were held under circumstances of constraint, or unfairness of any sort, so that the United States could not with justice and dignity request or urge a confirmation thereof: In this case, shall the Commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the Commissioners be instructed, if they cannot obtain the said cessions on better terms, to offer for the same, and for the further great object of attaching the Creeks to the government of the United States, the following conditions: 1st. A compensation in money or goods, to the amount dollars; the said amount to be stipulated to be paid by Georgia, at the period which shall be fixed, or, in failure thereof, by the United States. 2d. A secure port on the Altamaha, or St. Mary's rivers, or at any other place between the same, as may be mutually agreed to by the Commissioners and the Creeks. 3d. Certain pecuniary considerations to some and honorary military distinctions to other influential chiefs, on their taking oaths of allegiance to the United States. 4th. A solemn guarantee by the United States to the Creeks of their remaining territory, and to maintain the same, if necessary, by a line of military posts. of "5th. But if all offers should fail to induce the Creeks to make the desired cessions to Georgia, shall the Commissioners make it an ultimatum? "6th. If the said cessions shall not be made an ultimatum, shall the Commissioners proceed and make a treaty, and include the disputed lands within the limits which shall be assigned to the Creeks? If not, shall a temporary boundary be marked, making the Oconee the line, and the other parts of the treaty be concluded? In this case, shall a secure port be stipulated, and the pecuniary and honorary considerations granted? In other general objects, shall the treaties formed at Hopewell with the Cherokees, Chickesaws, and Choctaws, be the basis of a treaty with the Creeks? "7th. Shall the sum of twenty thousand dollars, appropriated to Indian expenses and treaties, be wholly applied, if necessary, to a treaty with the Creeks? If not, what proportion?" Whereupon the Senate proceeded to give their advice and consent. The first question, viz: "In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees than the one herein suggested ?” was, at the request of the President of the United States, postponed. The second question, viz: "Shall the Commissioners be instructed to pursue any other measures respecting the Chickesaws and Choctaws than those herein suggested?" being put, was answered in the negative. The consideration of the remaining questions was postponed till Monday next. MONDAY, AUgust 24, 1789. The President of the United States being present in the Senate Chamber, attended by General Knox, The Senate resumed the consideration of the state of facts, and questions thereto annexed, laid before them by the President of the United States, on Saturday last. And the first question, viz: "In the present state of affairs between North Carolina and the United States, will it be proper to take any other measures for redressing the injuries of the Cherokees, than the one herein suggested?" being put, was answered in the negative. The third question, viz: "If the Commissioners shall adjudge that the Creek nation was fully represented at the three treaties with Georgia, and that the cessions of land were obtained with the full understanding, and free consent, of the acknowledged proprietors, and that the said treaties ought to be considered as just and equitable: In this case, shall the Commissioners be instructed to insist on a formal renewal and confirmation thereof? And in case of a refusal, shall they be instructed to inform the Creeks that the arms of the Union shall be employed to compel them to acknowledge the justice of the said cessions?" was wholly answered in the affirmative. The fourth question, and its four subdivisions, viz: "But if the Commissioners shall adjudge that the said treaties were formed with an inadequate or unauthorized representation of the Creek nation, or that the treaties were held under circumstances of constraint or unfairness of any sort, so that the United States could not, with justice and dignity, request or urge a confirmation thereof: In this case, shall the Commissioners, considering the importance of the Oconee lands to Georgia, be instructed to use their highest exertions to obtain a cession of said lands? If so, shall the Commissioners be instructed, if they cannot obtain the said cessions on better terms, to offer for the same, and for the further great object of attaching the Creeks to the government of the United States, the following conditions: "1st. A compensation in money or goods, to the amount of dollars; the said amount to be stipulated to be paid by Georgia at the period which shall be fixed, or, in failure thereof, by the United States. "2d. A secure port on the Altamaha or St. Mary's rivers, or at any other place between the same, as may be mutually agreed to by the Commissioners and the Creeks. "3d. Certain pecuniary considerations to some, and honorary military distinctions to other influential chiefs, on their taking oaths of allegiance to the United States. "4th. A solemn guarantee by the United States to the Creeks of their remaining territory, and to maintain the same, if necessary, by a line of military posts;" was wholly answered in the affirmative. The blank to be filled at the discretion of the President of the United States. The fifth question, viz: "But if all offers should fail to induce the Creeks to make the desired cessions to Georgia, shall the Commissioners make it an ultimatum?" was answered in the negative. The sixth question being divided, the first part, containing as follows, viz: "If the said cessions shall not be made an ultimatum, shall the Commissioners proceed and make a treaty, and include the disputed lands within the limits which shall be assigned to the Creeks?" was answered in the negative. The remainder, viz: "If not, shall a temporary boundary be marked, making the Oconee the line, and the other parts of the treaty be concluded?" "In this case shall a secure port be stipulated, and the pecuniary and honorary considerations granted?" "In other general objects, shall the treaties formed at Hopewell, with the Cherokees, Chickesaws, and Choctaws, be the basis of a treaty with the Creeks?" was all answered in the affirmative. On the seventh question, viz: "Shall the sum of twenty thousand dollars, appropriated to Indian expenses and treaties, be wholly applied, if necessary, to a treaty with the Creeks? If not, what proportion? It was agreed to advise and consent to appropriate the whole sum, if necessary, at the discretion of the President of the United States. The President of the United States withdrew from the Senate Chamber, and the Vice-President put the question of adjournment, to which the Senate agreed. WEDNESDAY, AUGUST 26, 1789. Proceeded to consider the report of a Committee, appointed June the 10th, on Indian treaties made at Fort Harmar, the 9th day of January, 1789, viz: The Committee to whom was referred the message of the President of the United States, of the 25th of May, 1789, with the Indian treaties and papers accompanying the same REPORT: That the Governor of the Western Territory, on the 9th day of January, 1789, at Fort Harmar, entered into two treaties, one with the sachems and warriors of the Six Nations, the Mohawks excepted, the other with the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sacs nations-that those treaties were made in pursuance of the powers and instructions heretofore given to the said Governor by the late Congress, and are a confirmation of the treaties of Fort Stanwix, in October, 1784, and of Fort McIntosh, in January, 1785, and contain a more formal and regular conveyance to the United States of the Indian claims to the lands yielded to these States by the said treaties of 1784 and 1785. Your Committee, therefore, submit the following resolution, viz: That the treaties concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Esq. Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Six Nations, (the Mohawks excepted,) and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sacs nations, be accepted; and that the President of the United States be advised to execute and enjoin an observance of the same. Ordered, That the consideration thereof be postponed, TUESDAY, SEPTEMBER 8, 1789. The Senate proceeded to the consideration of the message from the President of the United States, of the 25th of May, 1789, accompanying the trea Ε ties formed at Fort Harmar, by Arthur St. Clair, Esq. on the part of the United States, viz: a treaty with the sachems and warriors of the Six Nations, the Mohawks excepted, and a treaty with the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima and Sac nations. Whereupon, Resolved, That the President of the United States be advised to execute and enjoin an observance of the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sac nations. And an attested copy of the proceedings was laid before the President of the United States. FRIDAY, SEPTEMBER 11, 1789. A message from the President of the United States, which Mr. Lear, his Secretary, delivered to the Vice-President, and withdrew. Gentlemen of the Senate: I nominate for the Department of the Treasury of the United States- Nicholas Eveleigh, (of South Carolina,) Comptroller. For the Department of War, Henry Knox. For Judge in the Western Territory, in place of William Barton, who declines the appointment, George Turner. For Surveyor in the district of Rappahannock, State of Virginia, in place of Staige Davis, who declines the appointment, I nominate Peter Kemp. For surveyor of Town Creek, in the District of Patuxent, State of Maryland, in place of Robert Young, who declines the appointment, I nominate > Charles Chilton, And, in case the nomination of Samuel Meridith should meet the advice and consent of the Senate, I nominate, as Surveyor of the port of Philadelphia, William McPherson. NEW YORK, September 11th, 1789. Go. WASHINGTON. Ordered, That the rules be so far dispensed with as that the Senate do consider the President's message at this time; and, On the question to advise and consent to the appointment of Alexander Hamilton, of New York, to be Secretary for the Department of the Treasury of the United States, it passed in the affirmative. On the question to advise and consent to the appointment of Nicholas Eveleigh, of South Carolina, to be Comptroller, and of Samuel Meridith, to be Treasurer, it passed in the affirmative. Ordered, That the further consideration of the message from the President of the United States be postponed until to-morrow. Ordered, That the Secretary lay before the President of the United States a certified copy of the proceedings, SATURDAY, SEPTEMBER 12, 1789. The Senate proceeded in the consideration of the message from the President of the United States, of the 11th of September; and, On the question to advise and consent to the appointment of Oliver Wolcott, Jr. of Connecticut, to be Auditor for the Department of the Treasury of the United States, it passed in the affirmative. On the question to advise and consent to the appointment of Joseph Nourse, (in office,) Register, it passed in the affirmative. On the question to advise and consent to the appointment of Henry Knox, Secretary for the Department of War, it passed in the affirmative. On the question to advise and consent to the appointment of George Turner, for Judge in the Western Territory, it passed in the affirmative. On the question to advise and consent to the appointment of Peter Kemp, for Surveyor in the district of Rappahannock, it passed in the affirmative. On the question to advise and consent to the appointment of Charles Chilton, for Surveyor of Town Creek, in the district of Patuxent, State of Maryland, it passed in the affirmative. Ordered, That the further consideration of the message from the President of the United States, of the 11th of September, be postponed for a few days. Ordered, That the Secretary lay before the President of the United States a certified copy of the proceedings of the Senate, upon his message of the 11th of September. WEDNESDAY, SEPTEMBER 16, 1789, A message from the President of the United States, by Mr. Lear, his Secretary, which he delivered to the Vice-President, and withdrew. Gentlemen of the Senate: UNITED STATES, September 16th, 1789. I nominate Lemuel Wyatt as Collector for the port of Rehoboth, in the State of Massachusetts. Go. WASHINGTON. The Senate agreed so far to dispense with the rules, as to proceed, at this time, to the consideration of the President's message; and, Upon the question to advise and consent to the appointment of Lemuel Wyatt, as Collector for the port of Rehoboth, it passed in the affirmative. Ordered, That the Secretary do lay a certified copy of the proceedings of Senate hereupon before the President of the United States. THURSDAY, SEPTEMBER 17, 1789. A message from the President of the United States, by the Secretary at War, which he delivered to the Vice-President, and withdrew. Gentlemen of the Senate: It doubtless is important that all treaties and compacts formed by the United States with other nations, whether civilized or not, should be made with caution, and executed with fidelity. It is said to be the general understanding and practice of nations, as a check on the mistakes and indiscretions of Ministers or Commissioners, not to |