"Neither is it wounded through the persons of its citizens individually, who may come armed to attend the treaty"

4th Congress.                                           No. 72.                                      2d Session.

                                              THE CREEKS AND SEVEN NATIONS
 
                                COMMUNICATED TO THE SENATE, JANUARY 4, 1797.

Gentlemen of the Senate:

         I lay before you, for your consideration, a treaty which has been negotiated 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.

   I submit, also, the proceedings and result of the 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.

                                                                                                GEO. WASHINGTON.  
United States, January 4th, 1797. [Pg. 586]


.....June 1st.--The reply:                                                                    COLERAINE, 1st June, 1796.

Gentlemen:

    Your favor, of yesterday, was put into our hands in time to be answered on that day, but we have to that our Constant interruptions have not permitted us to give it a due consideration until this morning; but we now hope to obviate the objections you have made to some of our proceedings, in the commission, since we cane to post.

   They respect the regulations we have thought it our duty to establish, in reference to the expected negotiations with the Indians, which, it seems, disagreeably affects you in two points: the guard brought round from Savannah with the stores for the treaty, and the citizens of Georgia who may attend it. But we would previously remark, that these were made on the 26th of May, and before your arrival; that they were then committed to the commanding officer, to be by him carried into execution, and not thrown into your face for the first time, by us, but ago.

   The guard is authorized by the Governor of Georgia; but, however competent his authority to order them here, it must be superseded on this ground: militia, when put into service, are subject to the articles of war; and in the presence of the commander of a military post, liable to his orders exclusively. If circumstances have made it necessary to deny admittance to this body, it is fortunate that it is not necessary to retain them: Colonel Gaither feeling himself warranted to supply a guard to the stores, under the care of the militia, not only here, but even back to Savannah, if, by any failure in your negotiation with the Indians, it should be necessary to return them. Equal protection will, in either case, be afforded to the property, and your responsibility not the greater by the change.

   The smallness of number seeming to strike you as a circumstance favorable, in this case, to a dispensation from the rule, it is sufficient for us, that, the rule being made in exact conformity to instruction, we cannot think ourselves, from any such consideration, at liberty to dispense with it. It is not our part to defend the instruction, but we can conceive it has been suggested by the experience of the past. It conforms, also, to our own sense of right, and though, in this instance, it has not an extensive operation, it is not the less useful as a principle, and as a precedent.

   You will permit us, indeed, to express our surprise, that you should not, yourselves, have discovered a special interest in the observance of some such rule, considering its tendency to obviate some of the difficulties lying in the way of your own object. You are aware of the jealousies of the Creeks in all things relating to your state. Alarms have gone forth that they were to encounter the Georgia militia at the intended treaty, and with some effect, too, in lessening the otherwise very numerous representation that might have been expected at it.

   Finding this, and in order to quiet all apprehension on that score, we have communicated the regulations to some of he chiefs assembled, and from the satisfaction it has apparently given, we have reason to hope good effects from it.

   In this view of the matter, we cannot admit that the honor of the State has been in any wise derogated from, in our rule; but, if it must be so, in the eyes of the State, it is doubtless owing to the circumstances which it has itself produced. Neither is it wounded through the persons of its citizens individually, who may come armed to attend the treaty: for no compliance of the rule can be demanded of them, but at the moment when their arms shall have become unnecessary to them for their protection. Some citizens you have perceived with arms, within the area of the fort. We know of none; if it is so, our regulation has not been sufficiently regarded.

   With regard to subsistence for attending citizens of the State, you seem to think it should be under your orders; we do not well perceive how this can be. On recurring to your own papers, you will find that it is only a portion of the expense your State is to bear, of supplying the Indians, and consequently not any part of those of the household, as it may be termed, of the commissioners of the United States; in which, that for the entertaining of those gentlemen, we conceive, is included. This results also from another consideration, that your powers are pointed at, and limited to a single article, whilst ours are various as the objects of the treaty, and equal to all the circumstances arising out of it. And we wish you to recur to the several communications made, in the last and present year, to your State. These contain the essential pit of your instructions, and will shew the relative situations oi the two commissioners. These communications, from the absolute conditions of your appointment and mission, we doubt not, but that you are possessed of them. To have put them into your hands, must have been a virtual acquiescence on the part of your government, in the terms they prescribe; unless you have been instructed to neglect them, in which case you must allow us to question the foundation on which your commission stands.

   We must request you will excuse the freedom observable in some parts of our reply, but above all, that, if we have differed from you in some circumstances, it is with you only as commissioners; retaining for you all possible personal respect.

                                                                                           BENJAMIN HAWKINS.
                                                                                           GEORGE CLYMER.
                                                                                           AND'W PICKENS.
The Hon. Commissioners of Georgia. [Pg. 592]

[AMERICAN STATE PAPERS. CLASS II. INDIAN AFFAIRS. AMERICAN STATE PAPERS. DOCUMENTS, LEGISLATIVE AND EXECUTIVE, OF THE CONGRESS OF THE UNITED STATES, FROM THE FIRST SESSION OF THE FIRST TO THE THIRD SESSION OF THE THIRTEENTH CONGRESS, INCLUSIVE: COMMENCING MARCH 3, 1789, AND ENDING MARCH 3, 1815. SELECTED AND EDITED, UNDER THE AUTHORITY OF CONGRESS, BY WALTER LOWRIE, Secretary of the Senate, AND MATTHEW ST. CLAIR CLARKE, Clerk of the House of Representatives. VOLUME IV. WASHINGTON: PUBLISHED BY GALES AND SEATON. 1832.]  

Well now, that is VERY interesting, ISN'T IT?