Part 76

And whereas, the trade of the said Creek nation is now carried wholly, or principally, through the territories of Spain, and obstructions thereto, may happen by war or prohibitions of the Spanish Government: it is therefore agreed between the said parties, that in the event of such obstructions happening, it shall be lawful for such persons as ---- ---- shall designate, to introduce into, and transport through the territories of the United States to the country of the said Creek nation, any quantity of goods, wares, and merchandise, not exceeding in value, in any one year, sixty thousand dollars, and that free from any duties or impositions whatsoever, but subject to such regulations for guarding against abuse, as the United States shall judge necessary; which privilege shall continue as long as such obstruction shall continue.

GEO. WASHINGTON.

UNITED STATES, August 4th, 1790.

The Senate proceeded to consider the message from the President of the United States of this day; whereupon,

Resolved, That the Senate do advise and consent to the execution of the secret article referred to in the message, and that the blank in said article be filled with the words "President of the United States."

WEDNESDAY, August 11.

The Senate then entered on Executive business; and the following message was received and read, from the President of the United States:

UNITED STATES, August 11, 1790.

Gentlemen of the Senate:

Although the treaty with the Creeks may be regarded as the main foundation of the future peace and prosperity of the south-western frontier of the United States, yet, in order fully to effect so desirable an object, the treaties which have been entered into with the other tribes in that quarter must be faithfully performed on our part.

During the last year, I laid before the Senate a particular statement of the case of the Cherokees. By a reference to that paper it will appear, that the United States formed a treaty with the Cherokees in November, 1785; that the said Cherokees thereby placed themselves under the protection of the United States, and had a boundary assigned them; that the white people settled on the frontiers had openly violated the said boundary, by intruding on the Indian lands; that the United States, in Congress assembled, did on the first day of September, 1788, issue their proclamation, forbidding all such unwarrantable intrusions, and enjoined all those who had settled upon the hunting grounds of the Cherokees to depart with their families and effects, without loss of time, as they would answer their disobedience to the injunctions and prohibitions expressed, at their peril.

But information has been received that, notwithstanding the said treaty and proclamation, upwards of five hundred families have settled on the Cherokee lands, exclusively of those settled between the fork of French Broad and Holstein Rivers, mentioned in the said treaty.

As the obstructions to a proper conduct on this matter have been removed since it was mentioned to the Senate, on the 22d of August, 1789, by the accession of North Carolina to the present Union, and the cessions of the land in question, I shall conceive myself bound to exert the powers intrusted to me by the constitution, in order to carry into faithful execution the treaty of Hopewell, unless it shall be thought proper to attempt to arrange a new boundary with the Cherokees, embracing the settlements, and compensating the Cherokees for the cessions they shall make on the occasion. On this point, therefore, I state the following questions, and request the advice of the Senate thereon:

1st. Is it the judgment of the Senate that overtures shall be made to the Cherokees to arrange a new boundary, so as to embrace the settlements made by the white people since the treaty of Hopewell, in November, 1785?

2d. If so, shall compensation, to the amount of ---- dollars annually, or of ---- dollars in gross, be made to the Cherokees for the land they shall relinquish, holding the occupiers of the land accountable to the United States for its value?

3d. Shall the United States stipulate solemnly to guarantee the new boundary which may be arranged?

GEO. WASHINGTON.

Agreed, by unanimous consent, to proceed to the consideration of this message. Whereupon,

Resolved, That the Senate do advise and consent that the President of the United States do, at his discretion, cause the treaty concluded at Hopewell with the Cherokee Indians, to be carried into execution, according to the terms thereof, or to enter into arrangements for such further cessions of territory, from the said Cherokee Indians, as the tranquillity and interest of the United States may require; provided the sum which may be stipulated to be paid to the Cherokee Indians do not exceed one thousand dollars annually; and provided, further, that no person who shall have taken possession of any lands within territory assigned to the said Cherokee Indians, by the said treaty of Hopewell, shall be confirmed in any such possessions, but by a compliance with such terms as Congress may hereafter prescribe.

Resolved, In case a new, or other boundary than that stipulated by the treaty of Hopewell, shall be concluded with the Cherokee Indians, that the Senate do advise and consent solemnly to guarantee the same.

THURSDAY, August 12.

A message from the House of Representatives informed the Senate, that the House of Representatives having finished the business before them are about to adjourn, agreeably to the vote of the two Houses of Congress on Tuesday night.

On motion,

Resolved, unanimously, That the thanks of the Senate be given to the corporation of the city of New York for the elegant and convenient accommodations provided for Congress, and that a copy of this resolve be enclosed in the following letter from the Vice President:

NEW YORK, August 12, 1790.

SIR: It is with great pleasure, that, in obedience to an order of the Senate of the United States, I have the honor to enclose their resolution of this date, which was unanimously agreed to; and, in behalf of the Senate, I request that you will be pleased to communicate the same to the corporation of the city, and, at the same time, signify to them, that it is the wish of the Senate that the corporation will permit such articles of furniture, &c. now in the City Hall, as have been provided by Congress, to remain for the use of that building.

I am, sir, your most obedient humble servant,

JOHN ADAMS, Vice President of the United States, and President of the Senate.