Hence it becomes an object of real importance to form new channels for the commerce of the Creeks through the United States. But this operation will require time, as the present arrangements can not be suddenly broken without the greatest violation of faith and morals.

It therefore appears to be important to form a secret article of a treaty, similar to the one which accompanies this message.

If the senate should require any further explanation, the secretary of war will attend them for that purpose.

SECRET ARTICLE.

The commerce necessary for the Creek nation shall be carried on through the ports, and by the citizens, of the United States, if substantial and effectual arrangements shall be made for that purpose by the United States on or before the first day of August, one thousand seven hundred and ninety-two. In the meantime, the said commerce may be carried on through its present channels, and according to its present arrangements.

And, whereas, the trade of the said Creek nation is now carried on 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 any 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 obstructions shall continue.

SPECIAL MESSAGE.

AUGUST 7, 1790.

To the Senate of the United States :—

I LAY before you a treaty between the United States and the chiefs of the Creek nation, now in this city, in behalf of themselves and the whole Creek nation, subject to the ratification of the president of the United States, with the advice and consent of the senate.

While I flatter myself that this treaty will be productive of present peace and prosperity to our southern frontier, it is expected that it will also in its consequences be the means of firmly attaching the Creeks and the neighboring tribes to the interests of the United States.

At the same time, it is to be hoped that it will afford solid grounds of satisfaction to the state of Georgia, as it contains a regular, full, and definitive relinquishment, on the part of the Creek nation, of the Oconee land, in the utmost extent in which it has been claimed by that state, and thus extinguishes the principal cause of those hostilities from which it has more than once experienced such severe calamities. But although the

most valuable of the disputed land is included, yet there is a certain claim of Georgia, arising out of the treaty made by that state at Galphinston, in November, 1785, of land to the eastward of a new temporary line from the forks of the Oconee and Oakmulgee in a southwest direction to the St. Mary's river, which tract of land the Creeks in this city absolutely refuse to yield.

This land is reported to be generally barren, sunken, and unfit for cultivation, except in some instances on the margin of the rivers, on which, by improvement, rice might be cultivated, its chief value depending on the timber fit for the building of ships, with which it is represented as abounding.

While it is thus circumstanced, on the one hand, it is stated by the Creeks, on the other, to be of the highest importance to them, as constituting some of their most valuable winter hunting-ground.

I have directed the commissioner, to whom the charge of adjusting this treaty has been committed, to lay before you such papers and documents, and to communicate to you such information relatively to it, as you may require.

SPECIAL MESSAGE.

AUGUST 11, 1790.

To the Senate of the United States :

ALTHOUGH the treaty with the Creeks may be regarded as the main foundation of the future peace and prosperity of the southwestern 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, on 1st day of September, 1788, issued 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, upward of five hundred families have settled on the Cherokee land, exclusively of those settled between the forks 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 lands in question, I shall conceive myself bound to exert the powers intrusted to me by the constitution, in order to carry into faithful execu

tion 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 On this point, therefore, I state the following questions, and request the advice of the senate thereon:

1. 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?

2. 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?

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

SPECIAL MESSAGE.

JANUARY 24, 1791.

To the Senate and House of Representatives of the United States :— IN execution of the powers with which Congress were pleased to invest me by their act, entitled, "An act for establishing the temporary and permanent seat of the government of the United States," and on mature consideration of the advantages and disadvantages of the several positions within the limits prescribed by the said act, I have, by a proclamation, bearing date this day, a copy of which is herewith transmitted, directed commissioners, appointed in pursuance of the act, to survey and limit a part of the territory of ten miles square, on both sides the river Potomac, so as to comprehend Georgetown, in Maryland, and to extend to the Eastern Branch.

I have not, by this first act, given to the said territory the whole extent of which it is susceptible in the direction of the river, because I thought it important that Congress should have an opportunity of considering whether, by an amendatory law, they would authorize the location of the residue at the lower end of the present, so as to comprehend the Eastern Branch itself and some of the country on its lower side in the state of Maryland, and the town of Alexandria, in Virginia; if, however, they are of opinion that the federal territory should be bounded by the water-edge of the Eastern Branch, the location of the residue will be to be made at the upper end of what is now directed.

I have thought best to await a survey of the territory, before it is decided on what particular spot on the northeastern side of the river the public buildings shall be erected.

SPECIAL MESSAGE.

FEBRUARY 14, 1791.

To the Senate and House of Representatives of the United States:Soon after I was called to the administration of the government, I found it important to come to an understanding with the court of London on several points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements, by mutual consent, which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose, I authorized informal conferences with their minister; and from these I do not infer any disposition, on their part, to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have influence on matters under your consideration.

Gentlemen of the Senate :

Conceiving, that in the possible event of a refusal of justice on the part of Great Britain, we should stand less committed should it be made to a private rather than a public person, I employed Mr. Gouverneur Morris, who was on the spot, and without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information, I lay before you the instructions I gave him, and those parts of his communications wherein the British ministers appear, either in conversation or by letter. These are two letters from the duke of Leeds, and one with him and Mr. Pitt. The sum of these is, that they declare without scruple that they do not mean to fulfil what remains of the treaty of peace to be fulfilled on their part (by which we are to understand the delivery of the posts, and payment for property carried off), till performance on our part, and compensation where the delay has rendered the performance now impracticable; that, on the subject of a treaty of commerce, they avoided direct answers, so as to satisfy Mr. Morris they did not mean to enter into one, unless it could be extended into a treaty of alliance offensive and defensive, or unless in the event of a rupture with Spain.

As to the sending a minister here, they made excuses at the first conference, seem disposed to it in the second, and in the last express an intention of so doing.

Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them.

SPECIAL MESSAGE.

FEBRUARY 18, 1791.

To the Senate of the United States :—

THE aspect of affairs in Europe during the last summer, and especially between Spain and England, gave reason to expect a favorable occasion for pressing to accommodation the unsettled matters between them and us.

Mr. Carmichael, our chargé d'affaires at Madrid, having been long absent from his country, and great changes having taken place in our circumstances and sentiments during the interval, it was thought expedient to send some person in a private character, fully acquainted with the present state of things here, to be the bearer of written and confidential instructions to him, and at the same time to possess him, in full and frequent conversations, of all those details of facts and topics of argument which could not be conveyed in writing, but which would be necessary to enable him to meet the reasonings of that court with advantage. Colonel David Humphreys was therefore sent for these purposes.

An additional motive for this confidential mission arose in the same quarter. The court of Lisbon had, on several occasions, made the most amicable advances for cultivating friendship and intercourse with the United States. The exchange of a diplomatic character had been informally, but repeatedly, suggested on their part. It was our interest to meet this nation in its friendly dispositions, and to concur in the exchange proposed. But my wish was, at the same time, that the character to be exchanged should be of the lowest and most economical grade. To this it was known that certain rules of long standing at that court would produce obstacles. Colonel Humphreys was charged with despatches to the primeminister of Portugal, and with instructions to endeavor to arrange this to our views. It happened, however, that, previous to his arrival at Lisbon, the queen had appointed a minister resident to the United States. This embarrassment seems to have rendered the difficulty completely insurmountable. The minister of that court, in his own conferences with Colonel Humphreys, professing every wish to accommodate, yet expresses his regrets that circumstances do not permit them to concur in the grade of chargé d'affaires-a grade of little privilege or respectability by the rules of their court-and held in so low estimation by them, that no proper character would accept it to go abroad. In a letter to the secretary of state, he expresses the same sentiments, and announces the appointment on their part of a minister resident to the United States, and the pleasure with which the queen will receive one from us at her court. A copy of his letter, and also of Colonel Humphreys', giving the details of this transaction, will be delivered to you.

On this consideration of all circumstances, I have determined to accede to the desire of the court of Lisbon in the article of grade. I am aware that the consequences will not end here, and that this is not the only instance in which a like change may be pressed. But, should it be necessary to yield elsewhere also, I shall think it a less evil than to disgust a government so friendly and so interesting to us as that of Portugal. I do not mean that the change of grade shall render the mission more expensive.

I have, therefore, nominated David Humphreys minister resident from the United States to her most faithful majesty the queen of Portugal.