Article 1, Section 8, Clause 3 (Indians)

Document 5

Senate, Message from the President

The Senate entered on Executive business.

The following Message was received from the President of the United States:

Gentlemen of the Senate:

Geo. Washington.

September 17, 1789.

Ordered, That the President's Message be committed to Messrs. Carroll, King, and Read.

. . . . .

The Senate entered on Executive business.

Mr. Carroll, on behalf of the committee appointed yesterday, reported as follows:

The committee, to whom was referred a Message from the President of the United States of the 17th September, 1789, report:

That the signature of treaties with the Indian nations has ever been considered as a full completion thereof, and that such treaties have never been solemnly ratified by either of the contracting parties, as hath been commonly practised among the civilized nations of Europe: wherefore, the committee are of opinion, that the formal ratification of the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattiwattima, and Sac nations, is not expedient or necessary; and that the resolve of the Senate of the 8th September, 1789, respecting the said treaty, authorizes the President of the United States to enjoin a due observance thereof.

That, as to the treaty made at Fort Harmar, on the 9th of January, 1789, between the said Arthur St. Clair and the sachems and warriors of the Six Nations, (except the Mohawks,) from particular circumstances affecting a part of the ceded lands, the Senate did not judge it expedient to pass any act concerning the same.

Ordered, That the consideration of the report be postponed until Monday next.

. . . . .

The Senate entered on Executive business.

They proceeded to consider the report of the committee, appointed the 17th, on the President's Message of that date; and,

On motion to postpone the report, to substitute the following, to wit:

Resolved, That the Senate do advise and consent that the President of the United States ratify the treaty concluded at Fort Harmar, on the 9th day of January, 1789, between Arthur St. Clair, Governor of the Western Territory, on the part of the United States, and the sachems and warriors of the Wyandot, Delaware, Ottawa, Chippewa, Pattawattima, and Sac nations.

It passed in the affirmative.

The Founders' Constitution
Volume 2, Article 1, Section 8, Clause 3 (Indians), Document 5
http://press-pubs.uchicago.edu/founders/documents/a1_8_3_indianss5.html
The University of Chicago Press

Annals of Congress. The Debates and Proceedings in the Congress of the United States. "History of Congress." 42 vols. Washington, D.C.: Gales & Seaton, 1834--56.

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