[draft] August 7 1790 [inserted - different hand: Rough Sketch - To Genl Washington on the day he concluded the treaty with the Creeks -] Sir Having received your directions [struck: respecting] to [inserted: endevor to] negociate a treaty of peace and friendship with the chiefs of the creek nation of [inserted: ] Indians [struck: according] [inserted: comparably as far as possible] to the general principles agreed to by the [struck: President &] Senate in Augt 1789 I have the honor to inform you that in consequence [struck: of your directions] [inserted: thereof] and by virtue of your Commission for that purpose [struck: that] I have [strike-out] [inserted: this day] signed a [struck: public] treaty [inserted: with the said Creeks], with certain [struck: private] [inserted: secret] articles, [inserted: annexed thereto] the public treaty having [struck: also] been signed by Alexander McGillivry, and all the [struck: che] Kings chiefs and warriors whose health would permit them to attend, and the secret Articles of said treaty being signed by Alexr McGillivray [2] on behalf of himself and the Creek nation, which treaty I have had the Honor to submit to you and by your orders to lay before the Senate - It may not be improper to state, that [struck: the] [inserted: as] late negociations at the Rock Landg on the Oconee river [struck: having] failed to produce, [struck: a permanent place] [inserted: a treaty of peace] and the implied truce established [inserted: between the parties] at [struck: the said Rock Landg] [inserted: Jekel Island] being nearly expiri'g, the United States were placed in a peculiarly embarressed situation. [struck: The general government That ] The general government had [struck: ] [inserted: properly] taken up the business & it was incumbent on it to proceed & effect a solid peace, or take eventual arrangements for the most effective protection of the families, and [strike-out] [inserted: to ] [3] [struck: of] the creeks, provided they commenced depredations - After the issue of the negociations [struck: of] [inserted: at] the Rock Landg it was presumd the United States could not [struck: with dignity make any further advances before by Commissioners to the Creeks - and [inserted: consistent with a due regard to their own dignity send any more commissiners to experience, [struck: a] probably a repetition of the same conduct what the Other commissioners had received - The General Government had properly taken up the business [struck: between the State of Georgia & the Creeks] and there was an obligation on it to proceed & establish a [inserted: [strike-out solid peace, or to [inserted: take] eventual measures, not only for the effectual defence of the frontiers of Georgia, but to punish with [4] [struck: to punish] with just severity the Creeks if they should commit [inserted: any further] depredations The expence of [inserted: blood & treasure of] a war from which neither honor or proffit could be [struck: expected] [inserted: derived], was to be avoided if possible - an expedient therefore was devised to place [struck: before the] informally before the Creeks the extreme danger of their situation - that any hostilities on their part must inevitably bring down on their nation, the vengance of the United States - that such hostilities [struck: on their part] from the [inserted: nationl] govt [struck: their people ] under, war [struck: almost inevitable] [inserted: appeared to be inevitable] - That therefore they [strike-out] could possess no security but in an intimate connection and alliance [5] with the United States, but that the [struck: United] [inserted: said] States could make no [inserted: further] offers for this purpose - [struck: Their dignity had already been] They had already done all that could be required of their national justice or humanity. That all further advances must be made by the Creeks. That if they were desirous of averting the evils impendg over them, and to embrace the advantages of an alliance with the [struck: general govt] [inserted: [struck: general govt Union, they must come forward [inserted: for that purpose] to the residence of the General Government where they should have justice administered to them. These assurnces [strike-out] ably enforced by Colonel Willet [6] who was the informal messenger on this occasion had the desired effect, and the Chiefs [struck: here] [inserted: ] came with that confidence in the justice of the General Government which its fame has justly [strike-out] [inserted: instanced], and which it will be its glory to preserve unsullied - In adjusting the terms of a treaty between the United States and the Creeks the greatest difficulties have been raised on the [struck: subject] [inserted: articles] of Boundary lines and [struck: The article of Trade] [inserted: Commerce] - The [struck: difference] wide differenc in judgement of the boundary between the State of Georgia and the Creeks has been the cause of several years War between the said parties, the creeks reasons to acknowledg the claims of Georgia [7] These claims arise out of three [strike-out] certain treaties [inserted: [struck: made by the Commissioners of the said State [struck: &] [inserted: with] the Creeks to wit at Augusta 12 Novr 1783 - Galphinton, 12 Novr 1785, and Shoulder Bone [strike-out] the 3d of Novr 1786 - The state of Georgia [struck: on the one part], assert the validity of the said treaties, and the cessions [inserted: often] therein contained which is denied on the part of the Creeks - On the one hand recourse has been had to the evidence of the documents in the public possession produced by the state of Georgia in support of the validity of the said treaties. [struck: To Wit - No 1. No. 1 a report of a committee to the Legislature of Georgia [inserted: of after ] Oct 1787. and agreed to by the said state] [8] [struck: No 2 - ] And on the other hand, [struck: the documents in the public possession contrary to the evidence of Colonel McGillivray] to the evidence produced by the Creeks against the validity of the said treaties. [struck: and also to the [struck: evidence] [inserted: Reports] of James White the Superintendent the letters] And also to the reports and evidence contained therein of the various commissioners and superintendents as far as his sense would serve to elucidate the said treaties, together with the examination, of [struck: some of the Creeks ] Tallisee King who was an agent in formg the said [inserted at margin: The evidence upon this subject is contained in the Statement [struck: the lines to submit to] on the case of the Creeks which I had the honor to submit to you on the 6th of July 1789. The report of the late Commission dated the 17th Nov 1789 - and certain affidavits - The examination of the Tallisee King - the subsiquent information of Mr Hawkins, and the information of Colo Welch - ][9] [struck: and] In estimating the validity of the said treaties as far as the Government of the United States may be concerned, due reference [inserted: [strike-out has been [inserted: also] had to be [struck: powers] [inserted: Articles] in the late Confederation respectg the powers of the U States in Indian affairs, and also the Opinion of Congress on that subject 26th Octr 1787. The subscriber, [struck: without passing] definitively statig his judgement on a point of so much delicacy, [struck: and which perhaps no] as to [struck: the value, and] [inserted: right of Georgia the making] or the circumstances [struck: of said treaty] under which [struck: they] [inserted: the said treaties] were formed, begs leave to observe that it [struck: seems] [inserted: is] of high importance to the state of Georgia to possess the Oconee lands so called, as the said state has divided [10] the same among certain description of its citizens - These lands the Creeks have [inserted: with great difficulty & persuasion] been induced to relinquish for the sake of accommodation, and the other considerations stated in the fourth article of the treaty - Every [struck: exertion ] argument [struck: was] [inserted: [struck: of a] political & pecuniary nature has been repeatedly] urged in vain [struck: fore] to obtain a confirmation of the land to the eastward of a temporary line, [struck: to be from the ] [inserted: mentioned in the treaty of Galphinton in Novr 1785] in a south west direction, from the forks of the Oconee & Oakmulgie over to the St Marys River [inserted: and between the same, and the old line from the Altamaha to the ] - This [struck: was refused upon] [inserted: confirmation of the said lands [inserted: they refused] as being the] best winter hunting grounds of the lower Creeks -[struck: after ] and after all - I was told, that their refusal [11] to accede to that line was an ultimatum upon their part [inserted: from] which no apprehensn of consequences would induce them to depart - [strike-out] The land so refused to be confirmed, is stated to be generally barren, sunken, and incapable of Cultivation, expecting on the margins of some of the rivers on which by improvement rice might be cultivated - But it is stated [struck: to for Land] by some to be in . [struck: Commited [inserted: Insensed] as I was that the , was not at this of a value or business as to require the United States, to making a peace with the Creeks] [12] [struck: at the present favorable moment & thereby all the consequences of in relinquishment of the said land -] As I have been informed that the said land has not be appropriated to individuals, but only pledged for the emission of a certain paper curricy [struck: I am inclined to believe] [inserted: & therefore it may be presumed] that the said [inserted: state] will not suffer any real Inconveniences from [struck: this measure] [inserted: not having it included] in the present boundry. [struck: The other general objects of the treaty having been agreed to, I did not conceive that [struck: either] [inserted: the would be consistent ] the principle of justice, policy or humanity, [struck: would warrant to suffer] [inserted: to omit] the present said occasion to [struck: pass away the Creeks] of forming a permanent treaty with the Creeks -] [inserted at margin: As the other general objects [struck: of the treaty] had been satisfactously arrived I could not conceive [struck: but it would be consistent with the justice, policy or humanity, to use in a information of the said kind as to ] [inserted: consisten with the interests of the US which ] [13] 4th Sheet - The present moment is [inserted: probably] too full of [strike-out] events [struck: respecting] [inserted: relatively] to our south western frontiers, and the opportunity of firmly attaching the Creeks to our interests too precious, to suffer a strip of land, circumstanced in all respects as the one in question is, to be the means, of placing that powerful nation of indians in an opposite scale instead of makg of them our friends forever. [struck: I am persuaded that when the security fixed in the treaty shall be examed [inserted: either] by the [struck: principles] [inserted: principles] of justice - policy or humanity, that will be found entirely consistent, with those great leadg of nations national maxims] I flatter myself that the boundry fixed in the treaty will be found [inserted: on examination] entirely consistent, with the principles of National Justice policy and humnity - [docket] Sketch of part of a report on the treaty with the Creeks to be finished -