consider any treaty, negotiated and signed by such officers, as final and conclusive, until ratified by the sovereign or government from whom they derive their powers. This practice has been adopted by the United States respecting their treaties with European nations, and I am inclined to think it would be adviseable to observe it in the conduct of our treaties with the Indians; for though such treaties being, on their part, made by their chiefs or rulers, need not be ratified by them, yet, being formed on our part by the agency of subordinate officers, it seems to be both prudent and reasonable that their acts should not be binding on the nation until approved and ratified by the government. It strikes me that this point should be well considered and settled, so that our national proceedings, in this respect, may become uniform, and be directed by fixed and stable principles. The treaties with certain Indian nations, which were laid before you with my message of the 25th May last, suggested two questions to my mind, viz: 1st, Whether those treaties were to be considered as perfected, and consequently as obligatory, without being ratified? If not, then 2dly, Whether both, or either, and which of them, ought to be ratified? On these questions I request your opinion and advice. You have, indeed, advised me "to execute and enjoin an observance of " the treaty with the Wyandots, &c. You, gentlemen, doubtless intended to be clear and explicit; and yet, without further explanation, I fear I may misunderstand your meaning; for, if by my executing that treaty, you mean that I should make it, (in a more particular and immediate manner than it now is,) the act of government, then it follows that I am to ratify it. If you mean, by my executing it, that I am to see that it be carried into effect and operation-then I am led to conclude, either that you consider it as being perfect and obligatory in its present state, and therefore to be executed and observed; or, that you consider it as to derive its completion and obligation from the silent approbation and ratification which my proclamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it certainly is best that all doubts respecting it be removed. Permit me to observe, that it will be proper for me to be informed of your sentiments relative to the treaty with the Six Nations, previous to the departure of the Governor of the Western Territory, and therefore I recommend it to your early consideration. September 17th, 1789. Go. WASHINGTON. Ordered, That the President's message be committed to Mr. Carroll, Mr. King, and Mr. Read. FRIDAY, SEPTEMBER 18, 1789. Mr. Carroll, on behalf of the Committee appointed yesterday, upon the President's message of the 17th of September, 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 proceeded to consider the message from the President of the United States, of September the 11th, nominating William McPherson as Surveyor of the port of Philadelphia; and, Upon the question to advise and consent to his appointment, it passed in the affirmative. Ordered, That the Secretary do lay before the President of the United States an attested copy of the proceedings of Senate hereon. TUESDAY, SEPTEMBER 22, 1789. The Senate 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. And, it being suggested that 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 Six Nations, (except the Mohawks,) may be construed to prejudice the claims of the States of Massachusetts and New York, and of the grantees under the said States respectively. Ordered, That the consideration thereof be postponed until next session of Senate. Ordered, That the Secretary lay before the President of the United States a certified copy of the proceedings of Senate upon his message of 17th September. THURSDAY, SEPTEMBER 24, 1789. A message was received from the President of the United States, by Mr. Lear, his Secretary; which he delivered to the Vice-President, and he withdrew. Gentlemen of the Senate: UNITED STATES, September 24, 1789. I nominate, for the Supreme Court of the United States- Associate Judges. I also nominate, for District Judges, Attorneys, and Marshals, the persons whose names are below, and annexed to the districts respectively, viz: The Senate proceeded to consider the message from the President of the United States, of the 24th instant, and the nomination of John Jay, of New York, to be Chief Justice of the Supreme Court of the United States; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Rutledge, of South Carolina, to be one of the Associate Judges; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of James Wilson, of Pennsylvania, to be one of the Associate Judges; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of William Cushing, of Massachusetts, to be one of the Associate Judges; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Robert H. Harrison, of Maryland, to be one of the Associate Judges; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Blair, of Virginia, to be one of the Associate Judges; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of David Sewell, to be Judge for the District of Maine; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of William Lithgow, to be Attorney for the District of Maine; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Henry Dearbourn, to be Marshal for the District of Maine; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Sullivan, to be Judge for the District of New Hampshire; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Samuel Sherburne, Junior, to be Attorney for the District of New Hampshire; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Parker, to be Marshal for the District of New Hampshire; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Lowell, to be Judge for the District of Massachusetts; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Christopher Gore, to be Attorney for the District of Massachusetts; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Jonathan Jackson, to be Marshal for the District of Massachusetts; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Richard Law, to be Judge for the District of Connecticut; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Pierpoint Edwards, to be Attorney for the District of Connecticut; And, on the question to advise and consent thereto, it passed in the af firmative. The Senate proceeded to consider the nomination of Philip Bradley, to be Marshal for the District of Connecticut; A And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Francis Hopkinson, to be Judge for the District of Pennsylvania; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of William Lewis, to be Attorney for the District of Pennsylvania; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Clement Biddle, to be Marshal for the District of Pennsylvania; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Gunning Bedford, to be Judge for the District of Delaware; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of George Read, junior, to be Attorney for the District of Delaware; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Allan McLean, to be Marshal for the District of Delaware; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Thomas Johnson, to be Judge for the District of Maryland; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Richard Potts, to be Attorney for the District of Maryland; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Nathaniel Ramsay, to be Marshal for the District of Maryland; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Edmund Pendleton, to be Judge for the District of Virginia, And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of John Marshall, to be Attorney for the District of Virginia; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Edward Carrington, to be Marshal for the District of Virginia; And, on the question to advise and consent thereto, it passed in the affirmative. The Senate proceeded to consider the nomination of Thomas Pinckney, to be Judge for the District of South Carolina; |