University of Virginia Library

5432. MONOPOLY, Indian trade.—

Colonel McGillivray, with a company of
British merchants, having hitherto enjoyed a

monopoly of the commerce of the Creek nation,
with a right of importing their goods
duty free, and considering these privileges as
the principal sources of his power over that
nation, is unwilling to enter into treaty with
us, unless they can be continued to him.
And the question is how this may be done
consistently with our laws, and so as to avoid
just complaints from those of our citizens who
would wish to participate of the trade? Our
citizens, at this time, are not permitted to
trade in that nation. The nation has a right
to give us their peace, and to withhold their
commerce, to place it under whatever monopolies
or regulations they please. If they insist
that only Colonel McGillivray and his
company shall be permitted to trade among
them, we have no right to say the contrary.
We shall even gain some advantage in substituting
citizens of the United States instead
of British subjects, as associates of Colonel
McGillivray, and excluding both British subjects
and Spaniards from the country. Suppose,
then, it be expressly stipulated by treaty,
that no person be permitted to trade in the
Creek country, without a license from the
President, but that a fixed number shall be
permitted to trade there at all, and that the
goods imported for and sent to the Creek nation,
shall be duty free. It may further be
either expressed that the person licensed shall
be approved by the leader or leaders of the
nation, or without this, it may be understood
between the President and McGillivray that
the stipulated number of licenses shall be
sent to him blank, to fill up.—
Opinion on Indian Trade. Washington ed. vii, 504. Ford ed., v, 215.
(1790)