[Copy] War Office March 3, 1796 Sir, The Treaty with the Creeks which it was intended to have held last October is now fixed on for the middle of May ensuing and the invitation to the Indians to convene at Colerained at that time, forwarded to M^r Seagrove with instructions to give it the most extensive promulgation. Colerain has been preferred to Fort Wilkinson chiefly because the Troops at that place are in sufficient number to protect and give respectability to the Negociation, and because affording the Indians more, it affords them an opportunity to traffic for such Goods as they may want from the public trading houses established at that Station. With respect to the conditions upon which this Treaty is to be held it may in proper to observe; 1 That the President of the United States, who has authority, if it be held to afford your State an opportunity to extinguish the Indian title to the lands between the Oconee and Oakmulgee and between the Alatamaha and S^t Marys, deemed it to have it understood, nor is it to be understood, that either this object or the Treaty itself are to be considered as in any ways affecting any question which has arisen or may arise upon the supplementary act passed by the Legislature of the State of Georgia on the seventh of January last. 2 That the Cession or relinquishment of the Indian Claims to the lands between the Oconee and Oakmulgee and between the Alatamaha and S^t Marys be made, in the general terms of the Treaty of New York, a form thought proper to be generally used on such occasions. 3 That one half of the Expence of the Supplies of Provisions which the United States may furnish the Indians assembled at the Treaty, be borne by the State of Georgia and that a stipulation be previously entered into to that effect with M^r Seagrove. The President, besides those conditions which more peculiarly relate to the State of Georgia concerning the justice, honor and interest of the United States to demand that the Indians who may assemble at the place of Treaty, be secured not only from personal insult and injury, but against surprise or unfair management in the Negociation, has thought it necessary to adopt the following precautions. 1. To express in the most explicit terms in the Invitation to the Creek Chiefs and Warriors to attend the Treaty, all its objects, and to give it as extensive a circulation as possible, that so the Chiefs may come prepared, to express the mind of the Nation, and have no ground hereafter to complain of deception or surprise. 2. To direct that the Treaty be held, conducted & concluded agreeably to the Act of the general Government for regulating Trade and intercourse with the Indian Tribes. If under any agreement made with the Creeks by your Commissioners will become a part of the Treaty and to acquire validity, must be approved and ratified by the President with the advice and consent of the Senate of the United States. 3. It is required that every circumstance which will tend to intimidate the Indians when assembled, or to excite their jealousy, or produce quarrels, be carefully avoided. With this view the Commissioners are instructed to make such regulations and limitations respecting the number of Citizens which may attend the Treaty as in their opinion shall most effectually secure this object. These measures and rules being calculated to promote a fair Negociation, which alone can secure your State as well as the Union from future quarrels with the Creeks cannot fail of meeting your approbation. The United States will take this occasion to investigate all the causes of hostility on the part of the Creeks which have produced so much mischief on the frontiers since the Treaty of New York, and endeavour to remove them, and make a firm peace and friendship. But as no answer has been received to a letter to Governor Matthews dated 12^th of November 1795 respecting certain murders committed on the Indians by the people of Georgia, you will perceive the propriety of furnishing the Commissioners with satisfactory information on this subject which by their instructions is made necessary to a Negociation. To enable the Commissioners therefore to judge of and direct their Measures, the establishment of a firm and durable peace, I am directed by the President, should no measures yet have been taken on the part of the State to bring the offenders to trial, and if guilty, to punishment, to intreat you to give immediate money to all those within your power, that so the Indians may have no reason to call in question the disposition of the State to do them justice. It would be indeed an awkward situation for the Commissioners to find themselves in, were nothing to be done. How could they censure murders committed by the Indians or call upon them to punish such crimes, whilst recent and glaring murders remain unnoticed by your Government or unpunished by the laws? Let me Sir press your reflections to this subject, so interesting to the character of Georgia, to justice, humanity, and peace. Lest the letters to M^r Seagrove containing the form of invitation to the Indians should not find him at his usual place of residence, I have enclosed one to him, which you will be pleased to forward, should you know certainly where he is to be found. I am Sir, with the greatest respect Your most obed^t Servant signed James McHenry Sec^t Office [As there is no letter on record to the Governor of Georgia dated 26 February, probably this letter may have been sent with that date] His Excellency The Governor of Georgia