in favor of the Cherokees could be immediately adopted by the General Government. "The commissioners for negotiating with the Southern Indians may be instrusted to transmit a message to the Cherokees, stating to them, as far as may be proper, the difficulties arising from the local claims of North Carolina, and to assure them that the United States are not unmindful of the treaty at Hopewell; and as soon as the difficulties which are at present opposed to the measures shall be removed, the Government will do full justice to the Cherokees. "The distance of the Choctaws and Chickasaws from the frontier settlements seems to have prevented those tribes from being involved in similar difficulties with the Cherokees. "The commissioners may be instructed to transmit messages to the said tribes, containing assurances of the continuance of the friendship of the United States, and that measures will soon be taken for extending a trade to them agreeably to the treaties of Hopewell. The commissioners may also be directed to report a plan for the execution of the said treaties respecting trade. "But the case of the Creek nation is of the highest importance, and requires an immediate decision. The cause of the hostilities between Georgia and the Creeks is stated to be a difference in judgment concerning three treaties made between the said parties, to wit: at Augusta, in 1783, at Galphinton, in 1785, and at Shoulderbone, in 1786. The State of Georgia asserts, and the Creeks deny, the validity of the said treaties. "Hence arises the indispensable necessity of having all the circumstances respecting the said treaties critically investigated by commissioners of the United States, so that the further measures of Government may be formed on a full knowledge of the case. "In order that the investigation may be conducted with the highest impartiality, it will be proper, in addition to the evidence of the documents in the public possession, that Georgia should be represented at this part of the proposed treaty with the Creek nation. "It is, however, to be observed, in any issue of the inquiry, that it would be highly embarrassing to Georgia to relinquish that part of the lands stated to have been ceded by the Creeks, lying between the Ogeeche and Oconee rivers; that State having surveyed and divided the same among certain descriptions of its citizens, who settled and planted thereon until dispossessed by the Indians. "In case, therefore, the issue of the investigation should be unfavorable to the claims of Georgia, the commissioners should be instructed to use their best endeavors to negotiate with the Creeks for a solemn conveyance of the said lands to Georgia. "By the report of the commissioners who were appointed under certain acts of the late Congress, by South Carolina and Georgia, it appears that they have agreed to meet the Creeks on the 15th of September ensuing. As it is with great difficulty the Indians are collected together at certain [SENATE. seasons of the year, it is important that the above occasion should be embraced, if possible, on the part of the present Government, to form a treaty with the Creeks. As the proposed treaty is of great importance to the future tranquillity of the State of Georgia, as well of the United States, it has been thought proper that it should be conducted on the part of the General Government by commissioners whose local situations may free them from the imputation of prejudice on this subject. "As it is necessary that certain principles should be fixed, previously to forming instructions for the commissioners, the following questions, arising out of the foregoing communications, are stated by the President of the United States, and the advice of Senate requested thereon. "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 Chickasaws 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 cession 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 on St. Mary's river, 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 honorable 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. "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, Chickasaws, 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 measure respecting the Chickasaws 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. The Senate was to-day wholly engaged in Executive business. 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 [AUGUST, 1789. 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 on St. Mary's river, 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, Chickasaws, and Choctaws, be the basis of a treaty with the Creeks?" were 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 con sent 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. TUESDAY, August 25. [SENATE. PRESIDENT determined the question in the affirmative. So it was Resolved, That the Senate do recede from so much of the eighth amendment as was disagreed to by the House of Representatives. The Senate proceeded to consider the resolve of the House of Representatives of the 24th of August, proposing, "that the Vice President and Speaker be empowered to adjourn the Senate and House of Representatives, respectively, on the 22d of September," &c; and it was agreed to. Mr. MACLAY presented a draft of ten miles A message was received from the House of square, iucluding the borough of Lancaster, with Representatives, with seventeen articles to be proa letter, containing a description of the same, from posed as additions to, and amendments of, the Edward Hand, directed to the Honorable ROBERT Constitution of the United States. [Such of these MORRIS and the Honorable WILLIAM MACLAY. articles as have been agreed to, and ratified, will Mr. MACLAY likewise nominated Wright's Ferry, be found in the appendix to this volume.] on the Susquehannah; Yorktown, west of the Resumed the consideration of the bill for alSusquehannah; Carlisle, west of the Susquehan-lowing compensation to the members of the Sennah; Harrisburg, on the Susquehannah; Read-ate and House of Representatives of the United ing, on the Schuylkill; and Germantown, in the States, and to the officers of both Houses. neighborhood of Philadelphia, as different places in Pennsylvania, which had been proposed for the permanent seat of Government of the United States. The letter being read, was, together with the draft, ordered to lie for consideration. Proceeded to the third reading of the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes; and Resolved, That the Senate do concur therein with sixty-nine amendments. Also, the bill to establish the Treasury Department, with an adherence of the House of Representatives to a part of the eighth amendment, to wit: "Whenever the Secretary of the Treasury shall be removed from office by the President of the United States, or in any other case of vacancy in the office of Secretary, the assistant shall, during the vacancy, have the charge and custody of the records, books, and papers, appertaining to the said office." Also, the resolve of the House of Representatives of the 24th of August," that the Vice President and Speaker of the House of Representatives do adjourn their respective Houses on the twenty-second day of September next, to meet again on the first Monday in December next." Also, the resolve of the House of Representatives, that certain articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States;" and requested the concurrence of the Senate therein. The Senate proceeded to consider the resolve of the House of Representatives of the 24th of August, to adhere to the part of their eighth amendment," before recited and, On motion that the Senate do recede therefrom, the yeas and nays being required by one-fifth of the Senators present, the determination was as follows: Ordered, That it be committed to Messrs. KING, MORRIS, CARROLL, IZARD, and LEE. WEDNESDAY, August 26. The Senate proceeded to the consideration of the bill for the punishment of certain crimes against the United States; and, after progress, adjourned. The Senate entered on Executive business. 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 Six Nations, the Mohawks excepted; the other with two treaties; one with the sachems and warriors of the 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: 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. That the treaties concluded at Fort Harmar, on the YEAS. Messrs. Bassett, Carroll, Ellsworth, Elmer, Ordered, That the consideration thereof be The Senate proceeded to the consideration of the bill for the punishment of certain crimes against the United States. [SEPTEMRER, 1789. tive officers of Government, with their assistants and clerks. Ordered, That this bill have the third reading to-morrow. Ordered, That the bill be engrossed. Ordered, That the Secretary carry the bill for Mr. KING, on behalf of the committee to whom allowing compensation to the members of the Sewas referred the bill for allowing compensation nate and House of Representatives of the United to the members of the Senate and House of Rep-States, and to the officers of both Houses, to the resentatives of the United States, and to the offcers of both Houses, reported amendments. Ordered, That to-morrow be assigned for taking the same into consideration. FRIDAY, August 28. A message from the House of Representatives, by their Clerk, informed the Senate that the President of the United States had signed an enrolled resolve, for carrying into effect a survey directed by an act of the late Congress, of the 6th of June, 1788; he brought up an enrolled bill to establish the Treasury Department, signed by the Speaker of the House of Representatives; and an engrossed bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes, and requested the concurrence of the Senate therein. He also informed the Senate, that the House of Representatives had concurred in the amendments proposed to the bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes, with amendments to the third and fifty-seventh amendments proposed by the Senate. The Senate resumed the consideration of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; which was passed, with amendments. The Senate proceeded to consider the message from the House of Representatives of the 28th of August, proposing amendments to the third and fifty-seventh amendments of the Senate to a bill for registering and clearing of vessels, regulating the coasting trade, and for other purposes. MONDAY, August 31. The Senate proceeded to the third reading of the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses; which was passed, with amendments. A message from the House of Representatives brought to the Senate a bill for establishing the salaries of the Executive officers of Government, with their assistants and clerks; to which the concurrence of the Senate was requested. The bill passed its first reading. Ordered, That this bill be read a second time to morrow. TUESDAY, September 1. The Senate proceeded to the second reading of the bill for establishing the salaries of the Execu House of Representatives, and request their concurrence in the amendments. The bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes, was read the second time. Ordered, That this bill have the third reading to-morrow. WEDNESDAY, September 2. The bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes, was read the third time, and Mr. PATERSON, and Mr. READ. salaries of the Executive officers of GovernThe third reading of the bill for establishing the ment, with their assistants and clerks, was further postponed. The resolve of the House of Representatives of the 24th of August, 1789, "that certain articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States," was taken into consideration; and, on motion to amend this clause of the first to wit: "After the first enumeration required by article proposed by the House of Representatives, the first article of the Constitution, there shall be until the number shall amount to one hundred," one representative for every thirty thousand, by striking out "one," and inserting “two," between the words "amount to," and "hundred;" of the Senators present, the determination was as The yeas and nays being required by one-fifth follows: YEAS-Messrs. Dalton, Gunn, Grayson, King, Lee, and Schuyler.-6. NAYS-Messrs. Bassett, Butler, Carroll, Ellsworth, Elmer, Henry, Johnson, Izard, Morris, Paterson, Read, and Wingate.-12. So it passed in the negative. the resolve of the House of Representatives, On motion to adopt the first article proposed by amended as follows: to strike out these words, "after which the proportion shall be so regulated. by Congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which the proportion shall be less than two hundred representatives, nor less so regulated by Congress, that there shall not be than one representative for every fifty thousand persons;" and to substitute the following clause after the words "one hundred :" to wit, " to which number one representative shall be added for every subsequent increase of forty thousand, until the representatives shall amount to two hundred, 189 S to which one representative shall be added for every subsequent increase of sixty thousand persons:" it passed in the affirmative. THURSDAY, September 3. A message from the House of Representatives brought up the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses, and informed the Senate that the House of Representatives had disagreed to the first, second, and third amendments, and had agreed to all the others. Also, the bill to suspend part of the act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States. FRIDAY, September 4. The Senate proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States." MONDAY, September 7. Agreeably to the order of the day, the Senate proceeded in the third reading of the bill to provide for the safe-keeping of the acts, records, and seal of the United States, and for other purposes; and, on the report of the committee, Resolved, To concur therein, with amendments. The Senate proceeded in the third reading of the bill for establishing the salaries of the Executive officers of Government, with their assistants and clerks; and Resolved, To concur therein, with amendments. The bill to suspend part of an act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States, was read the first time. Ordered, That this bill be read the second time to-morrow. [SENATE. So it was Resolved, That the Senate do adhere to the first amendment to the said bill. Resolved, That the Senate do recede from their second and third amendments to the said bill. Proceeded in the third reading of the bill for allowing a compensation to the President and Vice President of the United States; and, on motion of the committee, Resolved, That the Senate do concur in the said bill, with the following amendments, to wit: In the compensation to the Vice President, strike out "five thousand," and insert "six thousand." Ordered, That the Secretary do carry the bill to the House of Representatives, and request their concurrence in the amendment. The Senate resumed the consideration of the resolve of the House of Representatives of the 24th of August, on "Articles to be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States." On motion to adopt the twelfth article of the amendments proposed by the House of Representatives, amended by the addition of these words to the article, to wit: "where the consideration exceeds twenty dollars ;" it passed in the affirmative. On motion to adopt the thirteenth article of the amendments proposed by the House of Representatives, it passed in the affirmative. On motion to adopt the fourteenth article of the amendments proposed by the House of Representatives, it passed in the negative. In the consideration of the fifteenth article proposed by the House of Representatives, on motion to add the following to the proposed amendments, to wit: "That the General Government of the United States ought never to impose direct taxes, but where the moneys arising from the duties, impost, and excise are insufficient for the public exigencies, nor then, until Congress shall have made a requisition upon the States to assess, levy, and pay their respective portions of such requisitions; and in case any State shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such State's proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed by such requisition ;" it passed in the negative. The Senate proceeded to the consideration of the resolve of the House of Representatives of On motion to add the following to the prothe 2d of September, on their disagreement to posed amendments, viz: "That the third section the first, second, and third amendments of the Se-of the sixth article of the Constitution of the Uninate to the bill for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the officers of both Houses. On motion that the Senate do adhere to their first amendment to the said bill; And the yeas and nays being required by onefifth of the Senators present, the determination was as follows: YEAS-Messrs. Bassett, Butler, Dalton, Ellsworth, Gunn, Henry, Johnson, Izard, King, Lee, Morris, and Read.-12. NAYS-Messrs. Carroll, Elmer, Paterson, Schuyler, and Wingate.-5. ted States ought to be amended, by inserting the word "other" between the words "no" and "religious:" it passed in the negative. TUESDAY, September 8. The Senate proceeded in the consideration of the resolve of the House of Representatives of the 24th of August, "On articles to be proposed to the Legislatures of the several States as amendments to the Constitution of the United States." Several amendments were proposed, but none of them were agreed to. The subject was postponed till to-morrow. |