1. GW also enclosed a letter dated 26 March from the British chargé d’affaires at Philadelphia, Phineas Bond, to Secretary of State Timothy Pickering (DNA: RG 46, entry 53). Bond presented a conflict between Article VIII of the 1795 Treaty of Greenville with the northwestern Indians, which required anyone residing with or trading with the Indians to obtain a license from the United States, and Article III of the 1794 Jay Treaty with Great Britain, which promised free passage across territorial boundaries to citizens of both nations and the Indians (see Kappler, Indian Treaties, description begins Charles J. Kappler, ed. Indian Affairs. Laws and Treaties. 5 vols. Washington, D.C., 1903–41. description ends 2:42–43, and Miller, Treaties, description begins Hunter Miller, ed. Treaties and Other International Acts of the United States of America. Vol. 2, 1776-1818. Washington, D.C., 1931. description ends 246–48). Bond continued that he was “directed to propose on his Majesty’s part that an Article should, for that purpose, be added to the Treaty of Amity, Commerce and Navigation, between His Majesty and the United States, so as to form a part thereof, conformably to the Provisions, contained in the 29th Article of that Instrument, by which it shall be declared, that no Treaty, subsequently, concluded by either party with any other State or Nation, whether European or Indian, can be understood, in any manner, to derogate from the Rights of free Intercourse and Commerce, secured by the aforesaid Treaty of Amity Commerce and Navigation, to the subjects of His Majesty, and to the Citizens of the United States, and to the Indians on both sides of the boundary-line; but that all the said persons shall remain at full liberty freely to pass and repass into the Countries, on either side of the said Boundary Line, and to carry on their trade and commerce, with each other, freely and without restriction, according to the stipulation of the third Article of the said Treaty, which stipulations are, by the said Treaty declared to be permanent.” Bond was authorized to negotiate the terms of such an article with a representative of the U.S. government (DNA: RG 46, entry 53).

The explanatory article in part reads: “That no stipulations in any treaty subsequently concluded by either of the contracting parties with any other State or Nation, or with any Indian tribe, can be understood to derogate in any manner from the rights of free intercourse & commerce secured by the aforesaid third Article of the treaty of amity, commerce & navigation, to the subjects of his Majesty & to the citizens of the United States & to the Indians dwelling on either side of the boundary line aforesaid” (DNA: RG 46, entry 53; see also Miller, Treaties, description begins Hunter Miller, ed. Treaties and Other International Acts of the United States of America. Vol. 2, 1776-1818. Washington, D.C., 1931. description ends 346–48).

The power authorizing Pickering to negotiate is dated 4 May (DNA: RG 46, entry 53; see also ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Foreign Relations, 1:552).

The Senate voted nineteen to five on 9 May to advise ratification of the article (Senate Executive Journal, description begins Journal of the Executive Proceedings of the Senate of the United States of America: From the commencement of the First, to the termination of the Nineteenth Congress. Vol. 1. Washington, D.C., 1828. description ends 207).