George Washington Papers
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https://founders.archives.gov/documents/Washington/05-20-02-0077

To George Washington from James McHenry, 2 May 1796

From James McHenry

War office 2 May 1796.

Sir.

I have the honour to submit several letters & papers from the Governor of the State of New-York for your information and further directions.1

As the Government of the State of New-York is desirous that a treaty should be authorised to be held with certain chiefs of the Cohnawagas or seven nations of Canada, now at New York, for the purpose of enabling the State to purchase from them a right or claim which they set up to a parcel of land laying within its limits.2

And as the extinguishment of the said claim may tend to preserve a good understanding between these Indians and the United States; and be necessary to the safety and quiet of those persons who have settled or may settle upon the land in question, under the authority of New-York, the desire of the State would seem reasonable and proper.

Should you consider the application in this point of view, I submit the following draught of a message to the Senate for the attainment of its object.3 With the utmost respect, I have the honour to be, Sir, Your most ob. & hble St

James McHenry
Secy of war

ALS, DLC:GW; LB, DLC:GW.

1The enclosures probably included the letters from New York governor John Jay to McHenry dated 13, 22, and 28 April (N: Governor’s letterbook). Jay wrote from New York on 13 April to ask that GW appoint a commissioner to treat with the Indians concerning a land claim involving the state. He suggested Abraham Ogden or Elisha Boudinot because of their availability and noted: “We are anxious to avoid delay for as these Chiefs are now here, it is very desireable that so good an opportunity of treating with them may not be lost.” In the other two letters, Jay discussed the Indian delegation’s credentials and a misplaced letter of authority purportedly left with GW (probably referring to the letter from the Seven Nations chiefs to GW of 4 Feb.). Jay wrote on 28 April: “If the President is content to proceed, I am—if he should hesitate, the Interpreter and One of the Chiefs will return and obtain a New Instrument—but this will consume much time, and they are very impatient to finish their Business and go Home in order to attend and assist at Some Great Council Fire soon to be held.” Jay added that Jeremiah Wadsworth would be an excellent commissioner.

2Wadsworth had spoken to members of the Seven Nations during treaty negotiations at Fort George, N.Y., in September 1795 and described the claimed land as beginning at a creek called Thaenlawgeontale on the south side of the Saint Lawrence River, “about Ten miles below Buck Island and Supposed to be the Northern Boundary of the Lands ceded by the Oneidas and thence by a direct Line to the nearest Branch of Hudsons River—Thence down that River to the Shortest distance from the Half way Brook between Fort George and Fort Edward. Thence to the Half way Brook—Thence down the Half way Brook and Wood Creek to Lake Champlain—Thence Thro Lake Champlain to the Boundary Line between the United States and the King of Great Britain—Thence along the said Boundary Line to the River St Lawrence—and Thence Up the River St Lawrence to the place of Begining” (CtHi: Jeremiah Wadsworth Papers).

3GW wrote the Senate on this date: “Sometime last year Jeremiah Wadsworth was authorized to hold a treaty with the Cohnawaga Indians, stiling themselves the seven Nations of Canada, to enable the State of NewYork to extinguish by purchase a claim which the said Indians had set up to a parcel of land lying within that State. This negociation having issued without effecting its object; and the State of NewYork having requested a renewal of the negociation; and the Indians having come forward with an application on the same subject, I now nominate Jeremiah Wadsworth to be a Commissioner to hold a treaty with the Cohnawaga Indians, stiling themselves the Seven Nations of Canada for the purpose of enabling the State of NewYork to extinguish the aforesaid Claim” (LS, DNA: RG 46, entry 52; copy, DLC:GW). The enclosed draft has not been identified, but GW may have signed the draft document to create the LS, which is in the handwriting of War Department clerk Nathan Jones. The Senate received this message on 3 May and ordered that it “lie for consideration” before approving Wadsworth’s nomination on 4 May (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 206).

GW then wrote McHenry on Thursday, 5 May, at 1:00 P.M.: “Having but this moment returned from a ride, I could not hand the enclosed to you sooner. As an expression therein stood, it might have embarrassed the Commissioner. What the Indians might deem a good price, & be well content to receive, he might judge inadequate; and thereby, so tied down, might mar the Negociation. To see that the business is conducted fairly, and with candour is enough” (ALS, PHi: Etting Collection). GW apparently returned a draft of the instructions to Wadsworth as commissioner to negotiate with the Caughnawaga Indians. McHenry sent final instructions to Wadsworth on this date that authorized him “to hold a treaty with the said Indians, their deputies or Chiefs, at sch time and place within the State of NewYork, as may be fixed on by the Governor of the said State.

“The sole object of this treaty is to enable the State of NewYork to extinguish by purchase the right to the land in question; you will take care therefore, that the negociation for this purpose, between the Agents of the State of NewYork, and the said Indians or their Deputies, be conducted with such candour and fairness as to preclude all reasonable ground of complaint hereafter on the part of those Indians. The compensation and all expences connected with the Treaty, are to be paid and satisfied by the State of NewYork” (CtHi: Jeremiah Wadsworth Papers; see also GW to the U.S. Senate, 17 May).

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