Thomas Jefferson Papers
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https://founders.archives.gov/documents/Jefferson/01-45-02-0183

From Thomas Jefferson to the Senate, 13 December 1804

To the Senate

To the Senate of the United States.

I present for your advice a treaty entered into on behalf of the US. with the Creek Indians, for the extinguishment of their right in certain lands in the forks of Oconee & Okmulgee rivers, within the state of Georgia. for the purpose of enabling you to form a satisfactory judgment on the subject it is accompanied with the instructions of 1802. Apr. 12. to James Wilkinson, Benjamin Hawkins and Andrew Pickens Commissioners; those of 1803. May 5. to James Wilkinson, Benjamin Hawkins & Robert Anderson Commissioners; and those of 1804. Apr. 2. to Benjamin Hawkins sole Commissioner. the negociations for obtaining the whole of the lands between the Oconee and Okmulgee have now been continued thro’ three successive seasons, under the original instructions, & others supplementory to them, given from time to time as circumstances required: and the Unity of the negociation has been preserved not only by the subject, but by continuing Colo. Hawkins always one of the Commissioners, & latterly the sole one. the extent of the cession to be obtained being uncertain, the limitation of price was what should be thought reasonable, according to the usual rate of compensation. the Commissioner has been induced to go beyond this limit probably by the just attentions due to the strong interest which the state of Georgia feels in making this particular acquisition, & by a despair of procuring it on more reasonable terms from a tribe which is one of those most fixed in the policy of holding fast their lands. to this may be added that if, by an alteration in the 1st. article, instead of giving them stock, which may be passed into other hands and render them the prey of speculators, an annuity shall be paid them in this case, as has hitherto been practised in all similar cases the price of these lands will become a pledge & guarantee for our future peace with this important tribe, & eventually an indemnity for the breach of it. On the whole I rest with entire satisfaction on the wisdom & counsel of those whose sanctions the constitution has rendered necessary to the final validity of this act

Th: Jefferson

Dec. 13. 1804.

RC (DNA: RG 46, EPIR, 8th Cong., 2d sess.); endorsed by a Senate clerk. PoC (DLC). Notation in SJL: “Okmulgee treaty.” Enclosures: (1) Treaty between the United States and the Creek nation; signed at the Creek agency near Flint River on 3 Nov. by Benjamin Hawkins for the United States and Hopoie Micco for the Creeks; the Creeks cede land bounded by a line beginning at the “High shoals of Apalatchee” and extending to the first fork of the Ocmulgee River and from there down the Ocmulgee to the Oconee River and then up that river to the line established under the Treaty of Fort Wilkinson; a tract of land four miles long and two miles wide to include the Ocmulgee “old fields” is also ceded and is to be used for a trading establishment; in exchange, the United States shall supply two sets of blacksmith’s tools and workers for 10 years, shall extend the time of the blacksmiths promised for Fort Wilkinson from 3 to 10 years, and shall pay the Creeks $200,000 in six-percent stock, the dividends of which are to be distributed to the tribe semiannually; the president may cause the line to be run “at such time and manner as he may deem proper” (printed copy in DNA: RG 46, EPIR). (2) Dearborn to James Wilkinson, Hawkins, and Andrew Pickens, 12 Apr. 1802, advising on objects of negotiations with the Creeks; the United States seeks a cession beginning at the junction of the Oconee and Ocmulgee Rivers and running south to the source of the Saint Marys River, then down that river to the “old line,” and then by that line to the Altamaha River; because the Creeks have previously sold this tract to Georgia, Dearborn expects that a payment of $10,000 with an annuity of $1,500 will be sufficient; the second object is title to the land between the Oconee and the Ocmulgee Rivers as far as Fort Wilkinson, or as near to that as the Creeks will concede; the commissioners are authorized to relinquish U.S. claims to land west of a line near the mouth of the Ocmulgee to the Saint Marys, but they are not to compromise on the first object in any way; if the second desired tract can extend to a line near Fort Wilkinson, Dearborn authorizes a payment of $25,000 with an annuity of $2,000 (printed copy in same). (3) Dearborn to Wilkinson, Hawkins, and Robert Anderson, 5 May 1803, appointing them commissioners to negotiate with the Creeks; they are to seek cession of the tract between the Ocmulgee and Oconee Rivers; “more particular attention” is to be paid to acquiring land lying between the Ocmulgee and the western boundary ceded by the Creeks in July 1802; payment is at the commissioners’ discretion, but Dearborn has sent $12,000 to the branch bank at Savannah and $2,000 to the U.S. agent at Fort Wilkinson; only $30,000 having been appropriated for negotiations with Indian nations, they are to confine their “positive stipulations within such reasonable limits as will not exceed the appropriations” (printed copy in same; see Vol. 41:437n). (4) Dearborn to Hawkins, 2 Apr. 1804, instructing Hawkins to negotiate for a further cession of land between the Ocmulgee and Oconee Rivers; he is to work with David Meriwether, who although not appointed commissioner is to have “full weight” in aiding negotiations; Hawkins should not exceed the $12,000 that Dearborn has authorized; any larger sums will require congressional approval; Hawkins may bring “one or two thousand dollars’ worth of goods at the council” if he considers it helpful (printed copy in DNA: RG 46, EPIR). (5) Hopoie Micco to Hawkins, undated, explaining that “the tract of land at the Ocmulgee old fields is ours”; he expects justice to be done to “our merchants and traders” there; he requests that Hawkins include this message with the treaty just concluded, “that the President may see it” (printed copy in same). (6) Hawkins to Dearborn, 3 Nov. 1804, on his negotiations with Hopoie Micco and “the most distinguished chiefs of the opposition”; Hawkins, whose proposals were met “with all the arguments as well as rudeness in their power,” discusses the Creeks’ efforts to secure annuities for all their towns, full value for the “lands beyond Ocmulgee,” and relief from their debts; after several days, Hopoie Micco informed Hawkins that he could get the agreement of the other chiefs to honor the Ocmulgee as a boundary in exchange for the payment of Creek debts and a $500 annuity for each town; Hawkins countered with the treaty sum; Hawkins adds that he has “done the best” he could, and that the land in question is more than two million acres, “half of which is unquestionably the best land in this country” (printed copy in same). Message and enclosures printed in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Indian Affairs, 1:690-3.

The Senate received the message and accompanying papers from Isaac A. Coles this day. They were read the following day and ordered to be printed “under an injunction of secrecy.” On 2 Feb. 1805, the Senate rejected a resolution requesting a delay in consideration of the treaty so as to modify the mode and amount of payment, “as may be more conformable to the policy and interest of the United States” and then rejected the treaty by a vote of 19 to 12. On 1 Mch., it approved a resolution requesting that the president initiate further negotiations for the desired cession and any other lands the “Creeks may be disposed to relinquish” (JEP description begins Journal of the Executive Proceedings of the Senate of the United States … to the Termination of the Nineteenth Congress, Washington, D.C., 1828, 3 vols. description ends , 1:477-8, 482-4).

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