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Georgia legislature.
HOUSE OF REPRESENTATIVES,
Mai 12.
Mr. G!a:t°ck, offered the following Reso
lution; „
U lc p.ir nitive b:,v;»g been cal lea on to
lav bet..re iJii«* Hoove, all the correspondence
in t, c Executive De; artinent relative to 'he
hte treaty with the Creek Nation ot Indians,
together with a statement ol the amount tl
lxV.ed by the commissioners on the part of
this State, and said information having been
furnished, from which it appears that a por
tion of the contingent fund, upon the request
of the commissioners, was advanced by the
Governor, ami that the same was disbursed
in bringing the ireaty and a provision for the
payment of citizens claims to an advantage
ous and successful close —
Hnotved, I hat such disbursement meets
the decided approbation of the Legislature,
and that our thanks be tendered to H:S Ex
cellency the Governor, and our State Com
missioners Gens. Adams, Mclntosh and New
nan, for the firmness, perseverance, zeal and
patriotism, which they have displayed tin
the progress and termination of said treaty.
Our thanks are also tendered to Gen. David
Meriwether and Maj. Daniel M. Forney, for j
their agency in the negotiation which lermi- [
Dated so favorably to the interests of Geor
gia.
hteaolveil further. That copies of this reso
lution be transmitted to Gen. Meriwether and
Maj. Forney.
The Vote on the final passage of the reso
lution, was as follows:
JJV SEJYJtTE.
YEAS.—Messrs. Abrahams, Beasley, Black
man, Blair, Boyd, 11. Brown, Cleveland,
Coffee, Fleming, Garrison, Groves, Haden,
Hatcher, Uathorn, Henley, Holt. Irwin,
Jackson, .lourdan, Lockhart, Jas. Mitchell,
Powell, Powers, Heed, Strawn, Stripping,
Swain, Thweatt. It. Walker, V. Walker, and
Wintberley.—3l.
NAYS.—Messrs. Ulackshear, E. Brown,
Crawford, Hardin, Knight, Lewis, Mathews,
T. Mitchell, It) aii, Smith, Stock-, Troup and
Woods.— 13.
In the House of Representatives.
YEAS.—Messrs. Anderson, Atkinson,
Band), Bates, Bayne, Blake, Bourke, D. G.
Campbell, J. W. Campbell, Carr, Cone,
Cook, D'Lyon, Fairchild, Fannin, Fort, Trier
son, Glascock, Glenn, Golding, Gresham,
Hackney, E. Harris, W. Harris, Jones, Ken
an, Jas. Kendrick, Julies, Kendrick, Earn
bert, Lamkin, Eiddcl, Love, Mattox, McCall,
McCranc, McDonald, Mclntosh, McKinney,
Mitchell, M .niforl, Moore, (Jasper,) Moore,
(Wash.) Pace, E. Powell, L. Robinson, S.
Robm-on, stunland, Stewart, Swiiley, Tali
kersley, Vickers, Wales, Ware, Watson,
Welch, Wiggins, 1). Williams, W. Williams,
Williamson, WtihlorU, \\ olfurd, M ood, and
W ooton—do.
NAYS.—Messrs. Abercrombie, Alston,
Avery, Birdsong, Bledsoe, Uiatlweil, Brook
ing, Cany, Davenport, D. Harris, Jourdan, |
Me lyre, Mercer, Morrison, A. B. Towel,
Hosteler, lait, fowusenu, Upson, and Wells
—2d,
Wc the undersigned members of the
House of Representatives ot the Stale of
Georgia, having among others, given our
votes ill the negative upon certain in solu
tion- introduced before the house, anil go-
to w|»|»<iVc ot tl»c uci «*!’ flinwii.g trunk
the Treasury of this Slate the sum ol 15,0dd
dollars ny toe Executive of the Slate; as
also to eulogise hi terms of high approba
tion Hie conduct of persons, attending liy
the appointment ol the Governor ot the
Slate at die Indian Springs at the lime of
the formation ol h treaty between the United
Stales and the Creek Nation ol Ind.ans in
the months ol December and January lust;
as W eil us the conduct of the persons acting
as Commissioners on the part of the United
Slates, at the same time and place, and on
the same subject; feel ourselves bound by
a sense of duty which we owe to ourselves,
and to the community, to assign the
grounds mid reasons upon w hich we gave
on. vines, and lo enter our most solemn
protest and dissent against the propriety
a h I gality ot tho course purvui dtheniii by
the Executive and the Slate Commissioners
acting under his directions; winch courte
wc can but believe it> have been a depar
ture from the essential hum* of the Constitu
tion i ami to have involved a compromise
between ihe unalterable principles, intend
ed for all tunes, and die seducing advantages
of ihe moment: We therefore protest and
dissent
Ist. Because the resolutions improperly,
as we com «ive, join and connect together,
under tc ms ol uppruoation ami applause,
prisons a.d subjiCts that in themselves
ought not to b.- cm.tested, when brought
before tilt L gisla tire ol me State of v nor
g,:, j die (,’■ mmissiouers mi the part of the
l noi-'.! Suits having no connection with the
treasury n| the Sia\e oi Georgia, or any con-
Co n vithi-r direct r indirect with the pro
prn y in impropriety ot a draft by die
Exiiuuu-; t'lie Slate from llie treasury ; I
tin Ihmsiitutio’.aiity ol wh.ch drall, anil tile -
sahct'un nl tile applicadon of the monies !
v ■ -ti .skui’d thereon, should be, ami is, a ;
substantive consideration, never to be yin- :
barrasseil wain foreign matters, ore .loured j
by a-soeia log lien with distinct incidents.
3d. Because by the articles of cession en- '
tcred mto on tin 24 li day of April 13dJ, |
between the United Stales and the Slate of i
Georgia, the tir- solemnly pledged them- j
stiv> sal their own expense to extinguish
for die use ot liit latter, as early as the same
could he peaceably obtained on reasonable
term-, the Indian title hy alt lands within the 1
State ot Georgia—which pledge was given i
in consideration ol llie immense and valua
ble •erriiory now constituting the two i
States ot Missi.-tippi a A Alabama ; having
been ceded by Georgia to the United
States; and winch pedge the United StaUs
were bound to fulfil by all the ties ot good
faith, without the appropriation of one cent
Irom llie treasury ot'tue State of Go rg.a.
3,1. Becxtis.- lie undersigned conceive
that die drati trom the treasury of the State i
of the turn ot IS, QUO d .liars, or ot any other i
sum of money by the Executive of the State,
mud appropriated, or with the intention of
being appropriated to the extinguishment
of Indian title to lands wuhi i the State of
ticorgia. or w ith an intention lo purchase
Inn,V the Indians a recognition of the claims
ofthr citisens of Georg.a upon them for
depredations, ur with an intention, (as has
been slated by some persons in support of
the resolutions) of purchasing the friendship
of the UUieG, head men and warriors, to
render the accomplishment of the treaty
root* < »*y, Wds in every point of vie*, a
QiOSt} a; d unjustifiable course cf poll*
cy, cannot be supported either by
the laws of the ’and, or the sound rules of
morality ever to be observed and maintained
in the intercourse between individuals—
manifestly involving the fact of'the appro
priation of money from the treasury of the
Slate of Georgia to the purchase of a tract of
country for winch the faith of the U. States
was pledged to pay, thereby taxing the citi
zens of the State to pay again for what they
had already paid; or the absurdity of hav
ing from the Indians the acknowledgement
of claims which (if they be just and legal)
the State was bound to insist upon as a mat
ter of absolute right ; and nearly to the ap
prehension of the undersigned, sanctioning
the alarming and dreadful policy in a repub
lic of corrupting the agents and negociators
of an ignorant, unlettered a id degl ad . il peo
ple, and this too at the moment when ta.ks
were professedly ho'ding under the guise
of friendship; when the most blandishing
language was addressed to their ease ,- when
they were ( ailed by the fond and endearing
terms of friends and brothers. In such or
any circumstances, with the goldoftlie trea
ty, and the hard earnings of the people, to
sap the integrity of agents, and tempt them
to betray the rights of their people by ad
dressing their cupidity as individuals, is a
policy, if piactiscd, that we cannot sanc
tion.
4th. Because by a concurred resolution
of both branches of the legislature, the Exe
cutive was authorized and empowered to
draw wan-anG, on the contingent fund for
such sum or sums of money as might be
necessary to defray any Stale expense, re
quired to carry into efTVct the “contempla
ted treaty” with the Creek Indians ; but
providing, that no expenditure was thereby
contemplated which of rigid ought to he
defrayed by the government of the United
Sia es.—By which resolution it evidently
and most conclusively appears, that the Le- ■
gislature <1 d not intend that any money j
should be drawn from the Treasury by the [
Executive to be used towards, or in aid of
the formation of the “ contemplated trea
ty,” hut only, tor the purpose of carrying
into effect such treaty as might be formed
by the United States commissioners with tne !
Indians. Whatever sum or sums of money,
therefore, that may have been drawn from
the Treasury and appropriated in any oilier '
way than to carry into effect the treaty after
the same was formed, has been as the under
signed believe, d a.vn a id appropriated in
direct violation of the terms and spirit of the
said resolution, and the will of the Legisla
ture as expressed therein.
sih. Because the whole transaction as pre
sented to llie House by the communication
of his Excellency the Governor, and the ac
companying documents, is involved ut dark i
and gloomy mystery ; unattended by any
explanation as to the cause why so large a j
sum of money was necessary to be drawn j
from the State of Georgia to bring about a
treaty, the whole expense of widen, the \
United States was bound to pay. Wh t has ,
become of the money! to whom pad?—Oi 1
vvliat particular account the same was pa d ?
Whether in terms of the resolution of 12:h I
December, 182 d, it was appropriated In any !
“ State expense,” or whether to expense >
which the Uni e l Stales wete bound to pay ?
the Executive lias not informed ihe legisla
ture or People !
6lh. li. caii-e we have reason to believe
from inlonna'.ion dial cannot be duib’ed, j
that the treaty was in reality brought a > mt
by the great exertion of other persons, and *
the employment of otliA- means than those J
of the Executive ofthis Stale ortiie pel s >ns j
acting under him ; and that the said tr aly j
could, and most probably would have been
as easily and leadity effected without tne
fifteen thousand dollars from the S ate Trea
sury, as with it; and in tact, that the course
pursued by some of the StJte Commission
ers, instead of aiding, actually embarrassed
the speedy termination of the treaty. We
therefore conceive the appropriation of the
said sum of money, or any part thereof, (if
it ever had been legal) to have been an use
less and unjustifiable waste of the public trea
sure.
(Signed) HOLLAND McTYHE,
* JAMIJS MORRISON,
JOHN ABERCROMBIE,
STEPHEN UPSON,
GEORGE GARY,
JAMES TATI’,
EDWARD BROOKING,
ISAAC BIRDSONG,
JOHN MERCER,
JAMES ALSTON,
MATTHEW WELLS,
JOHN TOWNSEND,
15th May, 1821
In the House of Representatives,
Wxnsrisiuv, May 2. 1321.
Resolved. —That his Excellency the Go
vernor be authorised and requested to have
published in the newspapers printed in Mil -
ledgevillc, Augusta and bavaiinalt, the ex
tract from the instructions of the Depart
ment oi War, to James P. Preston, esq. com
missioner, appointed by the President of the
United States, to adjust the claims of the j
cibz, ns of Georgia, under the late treaty
w ith the Creek nation of Indians, as contain- |
ed in his communication of the thirtieth ul- J
tiiiio. Read and agreed to.
Approved, and the publications ordered '
to be made accordingly, "ill May, 1821.
JOHN CLARK, Gov’r.
Extract from the Instructions of the Depart
ment cf War to James P. Preston, Esq.-
Commissioner, Lc. dated sth April, 1821.
1 enclose you for your guidance in the
di a barge of your duties, a copy ot the late
treaty with the Creek Indians, duly certified,
: with a copy ot the agreement between the
' ‘ 0 " nis-ioncrs of Georgia and tile Ch efs of
. tlie t-reck nation, »:id tde relinquishmeut bv ■
I the former ot the claims ot the citizens of
Georgia against the said nation.
By reference to the Treaty and the agree
ment between the commissioners of Geor
i;i i. ami die Chiefs of the Creek nation, iou l
. wi» perce.vo that the claims which ate to !
i ' K ' s > our decision, are those j
i o* ll «i crlizensol Geuttiu against tile Creek I
i »nd Hut they are to be decided un
’ dersuch rules, regulations and restrictions,
i a* tne l losident »iull prescribe,
i In the .(.charge cf your duty, the first
j , W,U ch “ m >•«« attention is I
I what are ihe description of claims which, on I
a lair atu.juM const, notion, are comprehend- |
■ ed in the provisions ot the feu-.v\ lo tie
j terme r w n cn, satisfactorily, it fc ju’be pro
per re consider, m tl e first Viace. what are
I the ticsc; iption i t claims, which, under such
1 a construe,,on, are clearly, not comprehend
> c l in it* provisions,
{ Ul ~IC description of excluded claims
| you will consider the folldWing classes.* ’
Gt. All claims originating ,n contract or
agreement between tndivicua s of the State
of Georgia and of the Creek Nation, unless
assumed by the latter previous to the signa
ture of the treaty, in full council according
to their usage ui\uc!i casts.
the propriety of excluding this class
must, on a little reflection, be quite obvious.
Ihe treaty provides for claims against the
nation, and not for claims against individuals
belonging to it. A contract or agreement
unless assumed in the mantlet specified, is a
claim against an individual only, and conse
quently not provided tor by the treaty.
2d. All claims against the Seminole Indi
ans. The Seminole Indians residing in Flu
rula, though connected in some degree *ith
the Creek Indians, do not constitute a P ar ' ,
of their nation. They have never been
considered as sueb by the United States,
tv e have been at war with the Semiuoles
without being at war at the same time with
the Creeks, and with the latter w ithout be
ing with the former. In the various treaties
which we have held with the Creeks, in
cluding the present, they have not been re
presented. lining a distinct people, claim
against them, however originating, are not 1
comprehended in the treaty.
3d. All claims originating subsequent to
the 30th March, 1802, the date of the ap
proval of the act regulating trade and niter
course with the Indians, and to which tue
treaty refers.
The treaty itself having fixed on this pe
riod, the reasons f r the exclusion of tins
class, requires no observation.
4th. AH claims origin:,ting in the depre
dations committed in a period of boat hi it-*,
or previous thereto, if not provided for in
the treaty which followed such hostilities.
The exclusion of this class rests on a prin
ciple perfectly wed established between ci
i vilizrd nations, and is believed to be equally |
1 applicable to Indian treaties. In its appm a
j tion in this case, it will exclude all cla.ins nri
■ giiuting previous to the treaty wtlli the
Creek Nation made at New-York, the “'ll i
i Angus’, 1790, (of which I enc use a copy)
I except for the Slaves provided to be gtvi n
i up by the 3d article of said treaty -, an 1
1 those originating subsequent to he dale
thereof, and previous io tin 29.” June,
| 1705, tlvo state us ilm treaty of Coiera u(a
copy is enclosed) except lor the property
| pr-rided to be given up in the 7li article.
i 11. Claims provided for by the 2d article
of ,i c treaty of bVrt Wilkin,on, (a copy of
which is enclosed) concluded 16'.h June,
j 1832.
The 2d article of the treaty provides for
that descr.piio iof claims (originating sub
sequent io the treaty of C’olerain) which
the act regulating trade and intercourse with
tlie Indians, to winch reference has been al
ready made, had provided for, and stipulat
ed 5000 dollars i ; the payment of the same.
That you nay be ab:e to ascertain the ex
tent of t!i s class f ; taints, l enc.used you a
I copy of tin- said ac ,I” the Id'll 8-ction of
width 1 would particularly invite your atten
! film.
I It is.believed that there (annul be much
; doubt or hardship in exeu ling lb s class
of claims, for !n-.<f.> me question, he.
i tlier the operation or the second ar'ic e
, (0 tie treaty ih es not v 1!y release lie
Creek Nation from the r! mis tor which
it provides and the pre-u p'ion that le y |
j must have been ! >n s cine- pai.i ; if there be
I any which are nni.yet , die provision of
1 the tienly f.r tli: ;.r,rp-.-c is s'iil in force,
i and the sum :.,r the pay.uent,
which is still u \ .••: d, will prevent any
■ injury from r.Sul’ii g idividtu'S who may
i hold such ciaiiiH. in caiistrucii'in will in
fact oriel at-, toll - n lit of the ctiZ'ns us
Georgia, who liny have ca ms against the
Ci'i en in.ion, as it i Targes the fund cut nf
winch tu.'v ire v, a( paid, by adding want
may i * inai ui die 50'JU dollars stipulated
bn that pun, h;. lie treaty ol lon Wil
knison to t).. 35b.huO dollars stin iiated in
the lare treaty ' . te same purpose.
fitli. C'aims c.'giiia'ing in acts prohibited
by the a s. 1, is b. licvcd that the proprie
ty of excluding tins Ciass of cla ms xv ;11 not
requ ' e any obse; vation. It will be, howe
ver, proper to remark that the nature ol the
chums against the Creek nation prior to the
conclusion of die treaties us New-York and
Coierain, being determined hy those tr> a
lies, the effect >t this exclusion will only
reach such as nrig, .tied subsequent to tile
date of the latter, and previous to the pas
sage of the intercourse aci. (hat is, between
the 16th June, 1. 96, and 30 a March, 1802.
During this pel nod of time, the unit acts of
Congress in force relating to our intercourse
with the Indians were those of the 10th
May, 1/90, and 31 March, 1799, both of
w hich contained provisi iiis aimost exactly
the same, as the act of 33th March, 1802, of
which 1 have enclosed a copy. In the mar
gin of that copy you will see the variations
of them noted ; by reference to which, you
will readily perceive w hat acts were proliib
iled in relation to the Indians, during the
period unuer consideration, and consequent
ly were such as could give rise to no just
claims against the Creek nation.
By relerr ng to these several classes of
claims who): are not included in the provi
sions of the treaty, it will appear that the
| description of claims provided for may be
| comprised under the following classes.
Ist. claims for negroes belonging to the
citizens of Georgia, who were prisoners a
! mong the Creeks at' the date of the treaty
| of New Y’ork, ami who were to be delivered
i up under the said treaty, but have not been
surrendered or satisfaction made for the
same—fee 3d article of the treaty.
2d. Claims for negroes and other proper
ty taken sub, equeut to the treaty of New-
Y’ork, and in possession of the Creek nation
at the dale of the treaty of Coierain, and
not delivered up, or for which satisfaction
i has not been made.—See 7lh article of the
j treaty.
33. All claims against the Creek nation
1 originating subsequent to the date of the
last treaty, and previous to the passage of
the act regulating trade and intercourse with
tlie Indians, viz: Between the 29ih June,
1798, and 30. b, 18J2, not falling within the
description of claims provided for by the 2d i
article of the treaty of Fort Wilkinson cr ]
any other of the enumerated classes of j
claims which are not provided for by the j
treaty. It is believed, that tlie greater por- |
tion of the claims for this period will be ;
found to originate in the absconding of
slaves, or straying away of cattle or horses
from the owners into the Creek nation.
\ 4th. Claims of the citizens of Georgia of
: a private nature or ginallv, but which have
been assumed by the Creek na iou previous 1
to the date of the late treaty.
When a claim is admitted, you will deter- j
mine its amount by the value of the proper- I
tv, at the time at which the right accrued I
to the claimant against the Creek nation, j
which time you will particularly note. Thus I
the amount us the claims far negroes or o- j
ther property, to be surrendered under the 1
treaties cf New-York and t-olerain, u ill be
determined by the value of the property a!
the time it ought to have been surrendered. In
the same manner, the amount of claims ori
ginating between the 29ili June, 1786, and
30th March, 1802, will be determined by tlie
value of the property at the time at rehich the
claims originated against the Creek nation.
Take for example, the case of an abscond
ing slave, or a horse, strayed into tlie Creek
nation. Neither of these acts of themselves
constitute a c aim against the nation. In or
der to this, the owner must have regularly
reclaimed his property from the individual
into whose possession it came, and failing to
obtain it, must have made Ins demand thro’
the Agent, or government, on the nation ot
redress. On the refusal or neglect of the
nation to give redress, his claim commenced
against it; and consequently, it is at that
time the value of tlie property ought to be
determined.
Claims founded on the assumption of the
nation will he determined by such assump
tion as to their amount and commencement.
It remains to give you some instruction as
! to the proof by which the claims ought to
| he sustained, and the mode ol your pro
ceeding.
Tlie claims, being of a long standing, wm
require in the proo; and investigation much
caution. If the length of the time will
make it difficult to establish just claims, it
w i .a the same time furnish great facility
in passing those that arc fraudulent, and it i
the foi-mcr consideration calls for liberality, j
itie lat er equally demands vigilance, in ex- |
a oin ng tne ;.rooi by which the claims are at- !
tempted to be substantiated. In this d.lli- <
cuity much must be left to your sound du-I
cretitm. The oatii of me claimant to be ta- •
ken b fore tne Justice of the Inferior court,
o cun i of Ordinary will, in all cases, be re
quired, in wiiich lie wd! state the time, piace
and circumstances under w inch Uie claim
originated, in a manner so specific as to ena- j
| bie you io determine, whether it may be ;
j embraced in either of'the several classes ;
which have been stated to be excluded, or ;
com;..vhended in the treaty. He will also :
statt m ms oath the value of tue property ;
:n me lime at winch the claim originated, j
ami wilt state that i lie property has never!
been returned, or satisfaction received, or i
re .msal made for tli j whoie or part ; if such ,
should be the fact, or if partially received j
or made, to what extent. In case of the j
dea h ol the original tlaunant, of wlierp the |
person claiming is not personally acquainted |
with the facts, the oath will be to the best of j
Ins knowledge and belief ; and in all cases ;
tne court before whom it may be taken, |
will ct-rliiy the degree ot credibility to
w .;i. h lie may be entitled. Ihe oath of the
claimant, as to the tact, constituting the
chums must be supported by at least one
disinterested witness, Whose oath must be
taaen in the same manner as the claimant’s,
and wiuise credibility must be certified by
the court. In this mass ol claims originat
ing in tne assumption of the nation, should
that ussump'ion be of recent da'e, or being
of long standing, if no! made wi'h die know
ledge or assent of ihe Agent, it will consti
tute a s'rong presumption against its fait*
ness, and uni require the strongest mid most
unqu, slionabie proof to sustain it; and c
vc'i with tins precaution, if tue assumption
lias been recent the cause of the delay ought
to be sat sfactorily explained, or if it tus
been made long nr.ee, the cause us
l ay of payment might in that case to be ex
plained. The nature of the proof in the
case of absconded slaves, or strayed horses,
or cattle," ..as been indicated in the example,
winch has been given, as to tlie manner of
ascertaining the amount in vane of that de
scription of claims. I will, however, sum
m.irdy slate that the proof which ought in
these cases to be furnished. Ist, Proof of
ownership. 2d. of the loss or absconding'.
3d. Oi being found in possession of an In
dian <4 the Cieek Minion. 4th. Ofthe usu
al demand in uch cases. stli. Os refusal to
surrender. 6,h. us application to the na
tion through the government or Agent, and
refusal or neglect of the nation to cause the
sin render or make satisfaction.
After what has been said, it is believed
that you will he at no loss as to the points
Which ought to be proved in such descrip
tion ot claims; always noting that tiic
claimant urns have been a citizen of Geor
gia at the tone the claim accrued.
1 is probable that the'evidence which has
been from tune to lime taken to establish the
claims, and which has been deposited in the
I archieves of tlie State, may, though it can
not be adini ted to establish them, furnish
you with useful information in testing the
proof which may be adduced for that pur
pose ; and in order ihut it may be open to
you, I have written to the Governor, re
qnesting him to furnish you with ail the aids
t. be derived from the achieves of the Slate.
The rec-.rds here wd! probably furnish
much light, particularly as to the most im
portant claims, and in order that you may
be put in possession of it, you will weekly
furnish a summary of such claims as you
have examined, giving the name ofthe claim
ant, the nature of the claim, the time of its
origin, with such remarks as you may think
will expedite the investigation here ; such
as the correspondence wnich may appear to
have taken place with the agent, Stc.
As soon as you can determine ihe time
which will be required for the performance
of your duty, you will fix on a periud for
your final adjournment, of which due notice
"will he given to the citizens of the State,
through the Governor. Y'ou will then close
your proceedings, duly certifying your re
cord and decisions,-and transmit them, with
the documents and proof adduced in favor
of the claims, comprehending both those
that may be admitted or rejected, classed
under their proper heads, to this depart
ment, in order that the;, may be laid before
the President for his approval,
IN SENATE,
Mix 15, 1821.
WHEREAS the Executive has laid before
tlie Legislature at its present session docu
ments relating to the ascertainment and li
quidation of eeriain claims in behalf of some
ol the citizens us this state against the
Creek Nation of Indians, from which it ap- I
pears That the restriction, and limitations im- I
posed on tiie commissioner of the United j
States, appointed by the "resident to hear ;
and determine said claims, will be subver- i
sive of right and defeat the ends of justice, j
Be it therefore resolved, That his Kxcellen- I
cy the Governor do forthwith communicate ,
with the Secretary of war, with a view to j
obtain an enlargement of the authority
which has been delegated to William I*. !
i Preston, Esq. the commissioner on the part j
' of the United States.
Hesihed further, That this Legislature ob- ‘
ject to the instructions to Mr. Preston.
Ist. Because they confine him in hisju- j
risdiction to such claims as originated sub- .
sequent!)- to the treaty of New-York in 1799, I
except in relation to negroes agreed to be
restored by tbe 3d article of that treaty.
The Legislature insist! that the provisions
be extended so as to embrace all property
taken or destroyed at any previous period
before the making of said treaty, indemnity
having been guaranteed by the provisions
„t' treaties of Augusta, Galphinto.n t.nd
Shoulderbone, and the reference lately made
embracing all claims of whatever nature or
kind prior to 1802.
2d. Because said instructions go to the
exclusion of claims resting against the Se.
minole tribe. These are recognized and
treated as belonging to the Creek Nation, a
part of the territory which they occupied
has been conveyed by treaty to the United
States, and the Creeks, properly so called;
claim title to the whole of the soil.
3d. Because they exclude claims accruing
between the treaty of Colerain in ’96, and
that of Fort Wilkinson in 1802, except sttdU
as are provided for by the 2d article of tin*
latter. The terms of reference, and the
treaty of 1221, allow no such exclusions.
4;h. Because the instructions exclude
claims for depredations committed during
periods of hostility, if not provided for in
the treaty which followed such hostilities.
The instructions require that cla.ms thu*
accruing should have not their provision b.V
immediate treaty, and at the same time vfr.'
tually deny the right to treat at all by pay.
I ing total disregard to all trealiea previous (9
i that of New-York in 1790.
si!i. Because they exclude claims origin,
i ating in acts prohibited by the laws. The
1 Legislature knows not whether any sucll^
| exist. If they do, they should be provided
j for on the ground that ivy such depredation!,
: the citizen lias been injured and the nation
benefited, and ihe exigency is embraced iij
the terms of the reference,
Clh. Because they furnish an unrighteous
standard by which the claimant’s damages
are to be estimated. The value of the prq.
j pet ty at the lime of the convention, and 1.9
■ allowance for increase or hire, is a new rule
: idly comporting With justice as practised
1 veil by “ civinzed" nations. Demands have
\ be&n made from time to time upon the na»
tion, its Agent, and the United Stales, and if
: satisfaction lias been neglected or refused,
: where ought the loss •occasioned therebw
j properly to fall >
i 7th. Because they direct a strictness of
j evidence which will narrow down, the
I rightful claims of our citizens to a limit,
, which justice will not warrant, or reason ap.
prove. The oath of the individual claiming
j is required : with his property he may have
lost Ins life. The oath of another disinter*
csted witness is demanded.- such witness
may not exist. The officer administering
the oath must certify the credibility of the
deponent. It may not be known to him,
Bih. Because they reject the evidence ta
ken in solemn fortn under the laws of the
state, which now remain of record, and
ought to be more respected.—This was ta
ken at a time when witnesses were aiivc,
| aud facts mure susceptible of proof, and en
! titled to tiie more crcd.t, as the prospect of
satisfaction wa3 even then remote, and in*
ducem’ents tu misrepresentation consequent
ly lessened.
9tli. Because in said instructions, sufficl*
ejil effect is not given to the treaty lately
cofic'luiild at the Indian Springs. 'That pro.
vides a release and discharge of said nation,
from ail ciauns oilier than to the amount of
250,00 b dollars. The sum claimed and now
evidenced by the records and archives of the
state greatly exceeded the above limit. This
proceedings pending the liegociatiun, tits
trcaiy i;.-,eit, and the construction given to
it hy the Indians, furnish the inference that
a liquidation was meant find intended, an.J
that the sum aforesaid is admitted tube due,
Hus inference is the mere obvious, and the
more consistent with justice too, when w§
connect with it the luct of the long stand
ing pi tiie claims, and the reduction which
was made.—Approved, XT th May, 1821.
John GLAUS, Governor,
i c r-P9- J
Executive Department, Geo. ~i
Mllledgeville, 19tll May, 1821.5
oin ' Your letter of the 19th of March, and
tnose of the 13th and 2dth ultimo, with lit#
instructions given General Preston, were laid
before the Legislature at their late session.
1 heir views in relation thereto, will be
seen by the resolution herewith transmitted,
As this resolution points out the manifest in.
justice that would be done from pursuing the
ngn, course ot investigation under the instruc.
lions, it is unnecessary lor ipe to enlarge up.
on the subject. But whilst 1 admit the: .
propriety of a course of investigation ilnff'
would expunge from the lists of claims such
as are spurious, lam desirous that genuine
ones should he established, and 1 am con.
' strained to give it as my opinion, that, but
very few ot ihem under the course prescrib.
e;l, can be established- 1 therefore, with
due deferi euce request, that the President
will reconsider the subject, and give such
instructions to the agent of the United States
lor adjusting these claims as will admit uffull
jus,ice being done.
If the rigid course prescribed has been
produced from information to the President,
of the claims being spurious, 1 would res
pectfully suggest, that the persons who are
m possession of such information be directed
to attend the investigation of them for the
purpose of pointing’ them out.
Enclosed you have a resolution of the Le
gislature upon the subject of the cases men
tioned in your favor ot the 26ih ult. I bait U
request that you w ill please to lay this letter,
w ith its enclosures, before the President.
Whilst i nave the honor to be, verv res
pecttully, y qur obedient servant.
JOBS CLARK.
The ifnn. Joax C. Calhoun,
lift \loe\\c & Watson.
Copartnership heretofore ex*
isting under the firm of La Rocha
& Watson, ms dissolved by mutual
{ consent on Uielßtb irist—Ail person?
i indebted to the said firm are request
| «d to make poj meat to William Jones
; or Ralph K-etclimn, who are alone
! authorized 10 collect the debts of the
sam , and to whom all f’euiaqdg a-
I gainst the said firm are to he present
i ed for settlement.
Sign kd,
Isaac La I?gc!i£.
Jesse Y\ atsoa,
Ry his Atlornies
A. Slaughter $ C. Labuzan,
and
William Marshall.
! April 2t. 93 2m