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To George Washington from Timothy Pickering, November 1795

From Timothy Pickering

[November 1795]1

Topics which have occurred to the Secretary of War as proper to be noticed at the opening of the ensuing session of Congress.

1. The treaty of peace effected by General Wayne with the Indians northwest of the river Ohio.2

2. The continuance of peace with the Cherokees.

3. The formal agreement entered into by Mr Seagrove and the Chiefs of the Creek Indians for putting an end to their depredations & restoring harmony between them and the citizens of the United States. The apparent sincerity of the Creeks manifested by their delivery of prisoners, and abstaining from their wonted hostilities. But the full effect of this happy adjustment of differences hazarded, perhaps defeated, by the killing of a number of the Creeks on the frontiers of Georgia. The official reports give too much reason to believe that these slaughters of the Creeks were unprovoked, atrocious murders.3

Hence occasion may be taken to enforce the necessity of providing new & certain means of bringing such murderers to punishment; if the United States would prevent the destruction of multitudes of innocent citizens, and avoid the miseries and ruinous expences of perpetual Indian wars.

4. The peace with Morocco officially notified by the agent entrusted with the negociation.4

5. The prospect of peace with the Algierines, and of the release of our fellow citizens their prisoners, on satisfactory terms.5

6. The state of the treaty with Great Britain—a plain statement of the few principal facts, without any reasoning: for reasoning is connected with opinions; and with these so many passions are enlisted as to hazard premature discussions and conclusions. should the treaty be ratified by G. Britain, it will of course be laid before Congress, and the measures necessary to carry it into effect be suggested. The state of parties may by that time be ascertained; and the consequent expediency of giving or withholding an exposition of motives to the ratification. Possibly, however, Mr Randolph’s pamphlet may demand some declarations; though without any referrence, directly or indirectly, to him or his work.6

7. The prices of the necessaries of life have for several years been increasing, and are now so enhanced as to reduce the salaries of public officers, perhaps to half of their original value. In a republic, offices should be rendered accessible to talents and virtue, by yielding at least a decent support to the holders; otherwise they can be accepted only by the wealthy; and of these, few will be disposed to sacrifice their ease as well as their fortunes in the public service. To this defect of compensation must very much be ascribed the difficulty of filling two important offices now and for some months past vacant.7 What further provision for the support of public officers should be made, will merit consideration.

Subjects of messages

1. State of the negociations with Spain—measures which have been taken on account of the recent encroachment at the Chickasaw Bluff.8

2. State of the frigates.9

3. State of the fortifications.10

4. Arsenals.11

5. Fees necessary for officers in the federal courts—in some cases particularly in which no provision is made; for the law now refers to state fees in like cases—which in some states do not exist.12

6. To provide for a more extended Indian trade, on public account.

AD, DLC:GW.

1Since the earliest receipt by the State Department of one of James Simpson’s notifications of the Moroccan agreement was on 6 Nov., and Simpson’s letter giving news of the treaty with Algiers was received there on 10 Nov., this document could have been produced no earlier than the second week in November, and it was written no later than 7 Dec., when Congress convened. It was most likely written in late November.

2For discussion of the Treaty of Greenville of 3 Aug., see Pickering to GW, 21 Sept. (first letter), n.2, and 28 Sept. (first letter), n.1.

3For evidence of Creek pacification, see Pickering to Bartholomew Dandridge, Jr., 26 May, and n.1 to that document, and 20 June, n.2.

On 12 Nov., Pickering wrote to Georgia governor George Mathews: “On the 7th instant I received from General Jackson, Mr Seagrove and Major Freeman, severally, dispatches communicating the afflicting news, of the murdering of seventeen Creek Indian men at or near Carr’s Bluff on the Oconee. I do not hesitate to call this slaughter of those Indians murders; because if they had come to the settlements of the white people for the purpose of doing mischief, some evidence of their intention would appear by the mischief actually done: but of this neither of the letters give the least intimation.” After citing evidence that at least some of the Indians were “known to be friendly and well disposed” and “well known to the people who killed them,” Pickering stated that the evidence had been presented to GW, “and I have it in command from him, to intreat your Excellency to use the utmost diligence & to exert all the powers with which you are invested, to bring the offenders to trial, and if guilty to punishment. This may possibly rescue from fatal retaliation many innocent inhabitants on your frontiers, or avert a still greater evil, a confirmed and general Indian war, from the Cumberland to the St Mary’s” (G-Ar: File I, Creeks).

4For the agreement with Morocco, see Simpson to GW, 24 Sept., and notes 1–3 to that document.

5About the treaty with Algiers, see Simpson to GW, 24 Sept., n.4.

6Pickering is referring to Edmund Randolph’s Vindication. The copyright application for the pamphlet was dated 9 Nov., and the first advertisements announcing that it would soon be published appeared on that date as well (Gazette United States [Philadelphia], 11 Nov.; Philadelphia Gazette & Universal Daily Advertiser, 9 Nov.).

7GW was trying to fill the positions of secretary of state and attorney general.

8For discussion of the Spanish fortification at the Chickasaw Bluffs, see GW’s address to the Chickasaw Nation, 22 Aug., and n.7 to that document.

9Pickering is referring to construction of the navy frigates authorized by “An Act to provide a Naval Armament,” approved 27 March 1794 (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 350–51).

10Pickering is referring to the implementation of “An Act to provide for the Defence of certain Ports and Harbors in the United States,” 20 March 1794 (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 345–46).

11The creation of three or four national armories was authorized by “An Act to provide for the erecting and repairing of Arsenals and Magazines, and for other purposes,” 2 April 1794 (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 352).

12Pickering is referring to “An Act for regulating Processes in the Courts of the United States, and providing Compensations for the Officers of the said Courts, and for Jurors and Witnesses,” 8 May 1792 (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 275–79).

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