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q:\ rATIVI. •.
TIi**
lirO'l 1 !
s lulls li.it ing lii'fii rend
l.ill
«*«n»p
prov i'
house or k».» ue
Mow.my, May
Tin: creek treaty
rin»t «j
li.
Muted (Vint th© Mic-
i!,.' Pr. *i*lent, on tin: milijiu l »T th
j, a ,l lii'i‘11 arroiiiji.tiue I by a lull* i lV«»ni tin
< .rr -t trv of War, rue • •nimoitffiiig t •. it
nsAtion bo nll'MVe.l f r c. rtai.i iill
n«*nt*. mad© by lUv*-© F *n*s on tin*
!*-ii l.vnl* hi Vitibam i •■•* I —
Tin* Uoninntt©© of \\ tv* mid M* -im* (In*
►n. 11 li n! Ih*hi1 di*|»o*t»J t" |ir .in Pint ob-
j<*» t, v\ liirh they considered a g I '•©*•, mil
ti.ui directed him to moxe ilio full i a ing
a nendiil* lit to iho bill .
»* | ,r indemnifying emigrants for tlu-ir
impinvi* mud* .n the nncodod part » f tneir
teriitorv* -.v’»••*ii r >r »11 the li n*t* of Alabaai i
or «.*• ngn. ’Jfl.OlM) dnllnra.
Mr n M KE stated that thrro was a l.ill
from the S iinte, whic h had I*." i leli ried
t.ithe U-.mimtte** an Indinn \ flairs on Sat-
ur d. V last, find which that mniniittRQ had
thi<* »l iv icporlful l » the House with an
ntmm'iinpnt, which hill contained in *nh-
stain e, tin* same nie.isnru as was c-nicm-
j,lat»;.l 1.1 th" ninendnient now offered.
: i refuse t!.o nppmnriiitii
asUed The l,o*. n« n.
of the new b.tr’i.m —tin*)
v hnbud to .nilii re to tin
have h.
tanJ the
m large*
' had la*
'Pin* principle * H.ildih’icd by the treaty,
is the point most Worthy of tin* c onsidera
tion of the lions.* The principle win* h
governs < «Mitrncts, he understood to bollu**
that when n (-outran is made letAeao two
partu s they may, hv mntn <1 roiihciit, ex
pouiol nr rliangt'it afterward*, in any man
ner they think lit, provided llie mleie-t ol
thir l parties ui - not tln rehy utl'ecled ; if
they are, no nli« ration » an La made, unless
then < oiim i.i also is obi one.I Tin* * < n*
tra» l her • i«* i.* tween the United States and
the ('reek ,\ ttion of Indians Km tho r»-n
tempi.iti'd eiiangi* in it aft'eeu and in!©rf*-i-
es with ii^iits vested m Georgri by llio lir-.!
tre.ity Th.,t treaty, or rather contract, in-
lude.l all I lie; iatnU in (ieoriia. This treaty
Prom this deei-ion Mr. TAYLOR ».p-
Died to the CtmunilUM , when the de i*
n w .i - sustained —o\ i s ft I. n •# ** *<24
Mr. I nlbYTII lin n resumed. He win
orry the veucrablo gentleman Irom Virgin
had made any remark to the (.omaiiit.*'
about Mr. I 's vi. mptiug to eut naiu l!»
ember* of the Committer. II . ould us
ire that gcirlunnn that lie had not spokei
• r the ptirpoH.' of entertaining any bo**\ .—
le had ' iiya »ed 'll what hn conceived t
hu the perform tin e of hi* duty, and it "a
■ til'llter of perfect indiff'tj
whether the Cninaiiltee wen:
not. Ik •too : there as a U*j
People of (.ergm, who
s, most haselv and foully
wan sorry 'her.!
position to lie ir a si
Mi Mi I. \Nt: then eiprc se 1 limvvilliug
s to withdraw the motion for amend-
• ut
Mr FORSYTH, of Geo. Impel tlir.t the
••» .tion for amendment would not he with
drawn, until the pr*>\i>iotis id the Sen
at • s lull sh i ild be known tu the llouso
At the suggestion of Mr COCKh, the
Senate's hill was then r* ad
Mr TATTVXEE, of G©» said that th -
bill did einbraee the ohj '. t iropos. d hv the
am- nibnent of tin* gentlem in from Dela
ware The objei t desir' d by tbe Seereta*
ry of War was to pay the Indinn* lor their
i nprnvemonts in the unce.led 1 ••rrdory.—
Tim Sen it* s bill embraced that, as well a
other object*; and be was ailth >i /.el to
* iy, that that bill, before it piss.* I tliu oth*
House, bad been submitted to ill.' examirif
lion of the Sem itarv of War, and bad ri
reived lin* approbation.
Mr l\ )!t - YTJI now **uid, ll.at lie was
satisfied that the provisions of ills lull dr
cover the nin‘*u ' nenl prc>posc*d by the
Chfiirni in of th (J.un-uiUce of Wavs an.
Means ; h I h" vmild take tin" opportuni
tv to «\ »r s Ins H ittion that the See
reiarv of War had itocome more just m hi*
v ow of t'ua s ibjoet than he had bfi*n«o*.v
time since. The H • minry of War, 'Ir P
said, had formerly denonn.l, a, wild!
unrecaonable,annppliratinn on th part .
the Indians for 'Ins same objec t lle^np
pcuired now to have > h iu ’ed li ssentif
and Mr F ton!; it fir grant- <1 that, th
houalde, this just r»** unmendation from tli
D.mart nent of \\ r would In* • l' ptedan
complied with by the ll-uise To s w!iu|
•uhjeet, Mr l’ «aid, cauio h. fore the I Intis,
in a very curious form. Phe Prn-idcn
the United Htales. in Ills message at th
cotniiic ticcuicnt of the session, In | told
both Houses, that on the subject of this
treat v. he sliuiil.I send them a special men
|)tiri'»i| I'm si* ol til.* (tr.'Vinii
iMiu.iiur, tin- P.. sideilt had s lid in Ins cu
respond *n f e with the nuthoritr s of (*i*m
gi.t, that the wdmlo snbjert should be pre
rente I t » (' ingress II .t the pr -:ni**M then
irci'lo t*> thn (tovernnr i f (icorgui has not
yd been performed, and lie to »k it for gran*
C«* I was not to he perform. <| larther than by
the submission of thn message referred to
by the 'f.nitlo nan from Delaware. Congress
is now asked t » anpDprnto more than a
million of dtdiar* iiy n lull, I ho object of
win !i is to s. t aside a previous contract
miil'i under iho nnthorily of tlm United
S:-ites 'i’liororitr.irt now Imfue the House
^f.r ho .v ml I not abuse lungunco so fur as
t » call tlieso instromeiits by tint name of
treaties) has been approv ml and ratified bv
t‘ ♦ Sou it**, but that w hu h into bo set aside,
h i I tor'uveil the k.ime approbattcui and nit
ri*Miio.i. Were gentlemen *ati*fie.I that
a I w h regular by meh a reason’ The
President had approved the one, and had
set isi.le the other ; hut on what ground 3
.So far us this House is informed, the treaty
was .sot aside owing to the rcsi-daiico of one
ol* the parti. ^ ooiicernetl in it, who de. lur
ed that it had not been made by the proper
authority. Hut was the ft- t ho 3 Was
them any proof of this before llio House
Tint tlot new treaty whi. h had been snbuti*
tut. I l».r thn ohl. met tlid approbation of
the whole Creek N it ion. was no! to he doubt
ed f»r $m'M),00d, is better than $-100,0»k)
Rut was it known ut the time tl«e fust trua*
tv at the Indian ripiings .vis unde, that
there wai a gt. ,t party tn the nation oppos
ed in tluit treaty. It was denounced to tlo*
President and thn 8<uut« by uu uffle* r of
■ own on tins n rv ground, and, if tliov
•\»* I thisotUi er. tin n they approved and
ratilied it with a knowledge \d* lliut fret.—
Th it this ot ic r must ha\ o been h* lit vrd
by th«»:n, he infoired from the fuel, tint the
individual had been continued in oilier*;
that ho enjoyed, without interruption, the
full conlhlonee of the Government ; tint
h.* enjoyed it hi ill, and hid lie n us I h>
them Ir-i ii th it time to this. Tlie (, v.*rn*
incut cert.only could not have believed that
li • ■:ix• tho a i'll..* official inform•» -
\>jfti :uhies in the eX'-vution of this treaty
were anticipated at tho ti ne it was made—
imt whence had they ar:s n 3 'Phev Ind ail
pro 1 "ended from the departure of the Exec
utive from the prescriptions of the act of
(* ingress, w he li providod for the Irddiug of
this treaty. ’Phoohjc t of the treaty, as
ft'lthnri/.cd by that net, was tie* getting of
lul l in (•'•*».£,n f hut int*t* ad of eoufitiing
himself within tlieso limits, the Executive
trie I to get lands, not only in Georgia, hut
in Alulnm i also and. in lurtli. rm.-o of a
project of th* It to President to s.*« ute lit
congregating of the Indians in tho region
wont of i lie M iss snip pi, | his |a*-t was made
the promiiient object ; but, bad the money
appropriated bv Uongre-* been used accor
ding to tho provision of the act appropria
ting it, nil thcsoditReiiltie* which luxe s.uce
oimired might have been overcome Th
gic.it d.tliculiy insisted upon by tie* Indians
lies in tlu ir objections to a removal. The
G 'Vi rmnciit has been otli tally told that
t ies.* objections nro insurnioutitabh*. and it
was on this Mint that the chief difficulty
ar .s.* at tUu Indian Springs. Congress, iu*
Joed, has baen told that every exertion was
made to ovcrc.imo ihnm—hut, what exer
tion! were made.’ Thn Government was
w mill'd, beforehand, of employ mg the agent
they hid hitherto trusted They wi re told,
m tune, lout he had opposcJ all attempts at
effecting a tre itv, and lliut he would eoiitin-
jo to do so 'Phe or ipliecy was fulfilled —
IT i did appear in tins city fur the purpo-o
oi opposing it. Ilisattempt failed,and he
then returned to tiiu Indians. But did ho
thou use every effort of a piuduul and pro
per kind, to carry il into effect 3 llo u-ed
none at all. I shall hoi**, however, pn«*
over what happened in (iooigis, and vvill
pass on to vv Ion was don • hero, l’lie Sec
retary id* vVar, instead of tclliug them In
dians that the treaty vvas good and must Oe
tnllilled, did n*d so much as attempt to cat-
ry the old treaty into effect Ho g ive that
ip at once as hopeless, mid c.ouiiiiencod a
now treaty, by which tho C.i.ittaboucbie
vv is to b* 1 llio boundary. 11 i ibis subject,
llio Adniinutratioii appealed to the Georgia
Delegation for tli»*ir aid m effecting this
treaty, but Ibay rafutod t.. tlie respou-
sibtlity, anJ fully explained tlioir views in
relation to tho whole subject Tuo treaty
iclu.lt all the lands ill Georgia
ist, tli In Ii.iuh theuiH. Ivos belie
flo-ciri utiMtauccc of tlo* case, liowrv
o not of .my v. rv great importance,
pt so far .h print iplu is involved, lint,
it is the intention of tho Georgia I>•*!«■ -
g Mi m to pres* nt n protest, fully exprossiv.
f their views in this matter, I shall now
only say, that tlm interest of Georgia is not
thu moving cause of any of the obsciv
lions I have made. That interest cannot
be injured l»y tins treaty. Congress
not tom h the lights already vested in <
tfia, nnd tho constitutional organs of licit
State will d » in tho premises what,
may lev.mm proper for thorn to do. My oh
Idrcsstng tho committee at tin
timo was, t > show wh.it mo the real quo
lions which Irivo divided the Kxccutiv
itel the Htute of Georgia in this r untrovci
and to show the gion.s ni;srepr.*scnta
lions vv Inch have been attempted to bo im
ios< d Up.m tlm American I'eoplc. It has
been a**.cited, ov vr aid over iga.n, in new
papors, in p.niiplilois. and .li r wiows, th
6 vv us a strong c. ml overly between tin
k tuition mid (ieorgia ; tb it Georgin
wislic l to tDililnl.vti* the Creeks, and v
only restrain, d from doing h»* by the -ir.
arm of power Now, the fact is,that G»
gi.i never had a r.mtr ivrrsy of any kind
• illu r wi ll the Creeks or the Clicrol*
v.is ajtog. iher with the General (iovem
mem, w ho vv ere arcu-ed by («eorcia *»f tli
noii-fultihiient oftlm coiitr.iet of IH02.
As to the treaty at the Indian Hpiinj
tl»o Legi-,hiture of (ieoign, as s mui as th
knew of its radii, alum, passed the uhi
u t dircrtm_'|a * trvey of tlm lands
and llio "impin qm-'ion wludi arose, w
a pies'.i• • u h.'lw.i.ui (ieorgia and llio (Jen
*i.d (i'lVernmcnt, wliothcr thn State
t i* oigi i S id i right to Murv ey the laiui with
in her o .ii hoiindary. Tin* (iovernor
Georgi i ronsideri .1 this right as peife.t
eons d« i it as p.*rlb< t I sav it was pci ft
hel’ne any tie.ity at all was made. It is
right which liehmgs to every State , a rig
that never was, I h *1 n \ >*, domed or dispu
led before. Tint nupiuiiio judicial tribm
ol* I lie r.tiintry I ii h aueided that tho land
each State might bo granted by that Stal.
Dili * 11 > Mite had codi ! It t" tho
Soil,*h \n.l if wo h " •• « •••«'.• »•* 1 a
th.. lands, hav o wo nu right to mark t
bnuu.hin.H according to which they a
giafited - Most assuredly. And the citi/e
ol* Georgia were i• strained lion) survey i
and entering on thn lands long before, hv
tbo law of (acoigui alone. When Georgia
applied to the Co.te.l Slat' s G<»v ei mu-ill
to tix the hoiindary line bc'weon Georgia
and Alahamti, she was rufeired to thn l.» g
islaturo ' f Alaliuina, and it was rn*t so much
as hinted that there was any difficulty in
the way, arising from the presence of the
Creeks. Yet tlm I'resnlenl of the I’nilct
States considorr d hltn-««*If hound to nperf. re
tinder the treaty of 1^5 So it seems that the
pritu i| In .s to he held good when it operates
against m State, but not good w lieu it operates
against Indians. Sir, this demand of Georgia
to surv ey her own lands was m ole tho ground
of one of tlm most high handl'd measure*
ever vvitiifHsed under this (i.-verumeiit.
Tin* right was unquestionably with G»*or*
gi.i But admitting it to have been doubt-
tul, tho President interposed no marshal.
no magistrate ; no judge—but a niilit’uy
force, ami this under the plausible pretext
lliut it was uecessaiy to preserve peace :i-
iiiong the Indians thcmsclvc*. I ask hv
what authority the President employed tho
military force, in time of peace, against mm
of the States of tho Confederacy 3
Mr DWIGHT here called Mr. FOR-
SYTil to orth t, and demanded to know
vvliat was the question before tiio Commit-
him
ntertaiucd or
ill dispute helvv. im t ..*•
Stales ; and peculiarly
xcs wi
timon, ii u*
rial \ [ ' ‘
side of r *
sidetit a-it
Why *
w as not •
lie bad l- ••
mony 3 A
• lid • Illplo
ay, hid ih
1 hr tie
ired from giving * licit tea-
iseif manner The Spe-
t.*d the i- -.unony on one
n. and Mint it to the Pre-
Wh>
th ■. C.iffVrence mid
io\ rrnor i.hked in tills case, .t-
III the otlo r, to take th* t"Sti-
1 vvh\ were persons seltciid
d, *vl».», 1 will undeitake t
strouge t prejudice against tin
the same sentiment, and to express a Impel
lliat llie app. opii.iiion would pass without I
Mr OWEN, of Alabama, said that tlii^
was a subject which did not a Hurt Georg..*
id been I o
calumniated
cli an itidis
I of till* question-
i and tlo: I *niteal
that the gentle-
unwilling to hear a President
of the United States amugticd lor llio un
lawful using of military force.
Mr. FORSYTH was hem rv.lied to order
Mr. COOK ; Imt the Chair ng.on pro
nounced him in oid.r, and ho was permit*
I to proceed.
Mr. FOftSYTII rnplind, that there had
en so *-mny inlcrrupti ts, that he found
some <liflic 1111v in recollecting the eonrt-o ol
his remarks lie had lie. u ohy.cting to llie
pruieiplu of the Prosi.*. hi'h pro* . dure ; for
the same principle vv Im li would justify the
iv "f military forte in this « use would jus-
ify its u*e for the vnforemg of every law,
howevi-r iiuimportniit. It is a principle
which goes to **» t aside all Courts of jus
lice—all magistrate-*—.ill vviits—an I all
those « rnii mil s and saf. guards, by wlii* l>
the liberty of thu citizen is prcseived from
the hand of arbitrary power.
lint it se ms to have been forgotten,
through this whole affair,that all t! it light*
exorcised by tin- <ioveminent, are permitted
lights; if not •tlijolotely usurped, thav are
no rely p. rmilted, being clearly un-iipjior
.p.a!,
VJtll
tad by tho Const it u ion The Comma
.-as before il w hat are culled Indian iron lie*..
Hut whence im the authority derive.* for
tie s.j agreements ' Gentlemen tell ti* it ’**
derived frointlie licaty making power. The
Constitution it is truo, gives to the K\e» it-
live, authority ovt-r tile India i tribes , hut
where i^ found the autlmiity to tu
Indians r. -idiug within t!.e LomoN
one of the States 3 It « an only ex.
t ie United States hob! bodies of t l i
I md I low is t!ie iriMiiv-inH' mg jJ
1 -
. . f w • «* ■ - m in nt
1 tin o snl.imlti'd to Im-tI
u i-f nubs q i nil) he i
'oines Liudiog. Hut \-
i.lde In
tween the Mini*t.i
lulv aulhoiis'd an.
<iovernm. nt-*. nnd i
t lie-1 In fore it he.
the
the Ind
HI • III*
any thing like this
A treaty
Pies,den
in our treaties with
s n adc by Cotnnns*
:, the appointment
s considr red a bram h of his mil-
1, and as «<*on as the agreement
is ratilied by the Senate, it is im-
biudin?, without any siihsenuent
r-li-renr o to tbo Indian authorities I am
deej'ly humiliated vv h- u I t» th «t, that e.ui-
I
led a tutirmiir ihrougliout it.u Umtod
itarv pow
thus mad
me,lintel y
man
thei
beln
Tin* Chairman teplied, that tli * question
was on tilling thu blank in the hill, and that
that question adniile.l a coinso «f remark
upon the lull generally—that lie considered
the gc'illouvin lYuni Georgia as being not
out of ordi r.
Mr DWIti lIT replied, that tho question
was on filling thu blank in the lull w ith mi
appropriation to carry into oftYct a treaty
which has lie. n approve I hy tin* Presido.it
and ratilied by tho Senate, and is the law
of the lau I ; hut tho remark* of tho gen
tlenian I’r ui (ieorgi i vveiu dire. le*l tosl.ew
that the f rim r treaty is \ ahd, and i hat the
present treaty is not valid, au*l ho would
a-k w licther it was competent Ibr tho gen
il. man from (ieorgia to mr.ogn llo* combi. '
of tho Pic-o.lent of tho United States or
such a question 3
Mr I’OKSYTH replied in continuation
It appeared ho had not been understood,
wliiih ii ig!*t h.» owing to tlm inaccurate
manner In whuli lie had expressed himself;
lie had i.< t attempted t., deny tho’right of
thu Presidi nt and Senate t<» make such an
agreement as the last *\ I• i• h they had made
with the Creeks. All h • had insisted on
was, tlint,so f-r as that agieemi nt touche
the vested rights of a third paity, it is n -
and canted bn valid. II * certainly did
mean to censure, in the strongest ter.ns d
conon would permit, the manner iu which
the President had thought proper tointet
lerc. Such a thing was never heard of un
der any administration, ns a resort tofoice
in the fust mstani e, agumst a incmb- r of
the confederacy. Whence did tho Presi
dent derive autlmiity to uxerutn any treaty
by military force .’ Did lie get it by law '
Did bo possess it by tho (Jonititution It’
lie di-l, let it bo shewn. In n late di
with die State of South Carotin
was submitted t » Hie *
ru.itoo of '.ii.it b »-J* re
i *1*'
Co
to
iieud«*d iti rojoi
Imn. They then aiteiiipio.i, .md > > m found
it prxcti aide, to g.*t the v. n do «.i ti, Indnii
lands -v it hm the loiuts <»f Geo:gi« „ c .^
lieaty was'.hen ntilied
1 wn *.r»- itiettherefore are no v Lofort th*
U'Jimnutt**, out it is almost impracticable
'I here is another subject on which I must
make some remarks. Ry tho agreement
w ith Georgia, in |H02, it was proiiii.-- d bv
■hr' Unit* -I Stutps (hat iIn* Indims shouli)
bo removed ns s.i.jn aspra.'tirahlo, from ev«-
»\ pint of our lim.ts ; Imt there remains still
i large tract, iu reference to whir this pro
• Ditto has never been petfirmed. hi 1 fc17.
i contract was made, under tho am pieoa ol
General Jueks.m, tho direct tendency of
fleet this purpose, and the
h - I
pei ati*>ii was actually in progress, when.
• led!*, a cleputHlion of Cheroke. s came t• •
UiisUily. 'Flic treaty of 1-17 was iniinc-
lintrly abandoned,and a guarantee was gi
ven to the Cherokc es .hat they should he
continued in their possess'ofiM in (ieorgia
ind Alahama In that negotiation, they
I'XpreH-dy said, that the object they had in
new *.\ is a pei mam nt settlement. The
State of Georgia remonstrated strongly, and
the Government attempted to obtain a new
treaty, but the Cher..Lets replied that they
ne\« r would redo another foot of I heir la mis
The President then replied to Georgia, *• it
is veiy true that the Government vviib to
obtain tho removal of the Indians from your
limits, ns soon as possible : hut our promise
was for a peaceable transfer. You seo t' ey
refuse this, and wo cannot compel it We
therefore, exonerated from tho per
lot marine of our promise, at least for the
present'’ Tho language imputed to (ieor
gia, on tins nennuon, vvas, that the Unitml
.'•tales imistgoon. and «:nt tho thrnntsof these
i .or People, without delay (ieorgia Maid
no such thing. Him said to tlm General
Government, “ it was your duly to avoid
throwing any ol.sla.-'es in tho wav of the
nunov.vUd* the Indians The pie... nt diffi
culty has arisen wholly from you. You had
d*»ne all you could to fix these Indians up
on the soil You must do all you con to
remove the ditli. idty, nnd if force is nrres-
•ary, you must empty forct ' And would it
not he an net of baseness in the United
States to take advantage of a difficulty
whi'di they themselves had created? Ac
cording to all my ideas of inonl si ien,*,» f it
•e.ta.'ulv would 'Phis was thn condition
■>f tlm Cn*eks, and so stands thu State of
the ('her.hoi’s now. (»e. rgia say*
b tun den duty of the United Stio
nove these diliicultir«., n\en if force should
h'"* necessary. Rut there is a great did
"ii. e between saying this, and recommend
ing that force should be used We du
recommend it. On tlm contrary, we
lievn that a resort to the means etntdoyed
til other cases—to the means which have
been commonly used in all trans iction-.
w ith Indians, will remove tho ddli* u!tv I
they shall not, Georgia, in the last res *rt,
must act Ibr hetself, and must assert, ovi i
'lies© person.*, nnd all others the Suva reign-
tv which h. longs to her, over her own soil
Tho conduct of this Government has
been vorv dido rent in other .as s \ trcn
vvas made soni© year* ago with the Florid
Indians—they come hero and make com
plaint of ini istice, and vve go ou iinaie.li-
atelv to make appropriation for their relief.
When theso coinplaiti's reaehed the * ,rs of
tin* President and Secretary of War, did
they pick up in tli • street* « I* W >hir:gton.
the lir-*t person they could lay tli* r hand.-*
Gov emor ol (
Onr iulere-l, h iWever, in the present
’rooty,’ vv'i.dd not be of suffit lent impor
luce to i ..-I a single moiueiii'h nmiMe
•vlietimr tlo***' lydiaiis shall remain a few
months longer vv t bin the limits of our >trit»
•*r n »t 3 Wlmther llio nation bhall In-Ida
strip of land a little longer or not ; ari
questions"f hut little Miipoitanre.
•Mily to v nidi, ate a State which h
long and most fmlly caluuiniated All
that co-ild he written or thou.lit on one
side of the question, has been printed and
published, and circulated through even
district ind extremity id’ the land, while not
one docniucnt on the other side has b * n
printed by thos" win* are hound to give tlo*
pni'plo of tiio I nit.'d States every informa
tion, being themselves fed by the mom y ol
th it I*■ oj h
I am sorry to have occupied the time «d
tho Cotnmiltei*. I have not, howeve r, said
Inlfof vvliat I had to say and nmant t«i
have said. The strangest condto t has been
pursued thrugliout this whole a'fair Eve
ry thing has been done, that w as pructicu-
d»: t-i Lr-'.ik down thu party among tin
Up-, ks, tiiut were friendly to the (iencrul
(iov< r'lmcut. mid it would req-ure. llo: force
of an ntcli 'ingcl to conviucu thu People ol
Georgia ihat that (tuvoinmt'iit is not in tlo*
cl.-Hscht conn.cliou with these Indians to
prevent their removal. If such had b**» n
their fixed inten.i n, they could nut have
acted differently.
Tin* following are thu remarks of Mr.
*1* \ I'TN \ 1.1., as liiruihlied Ibr publication
by liirtrsolf.
Iinoicdiat.dy aft- r my rollong'io had ta
ken hi.sf-»-:%t. I addressed the chair, and sta
ted, in •oil.Mtnn.-e, ns follows :
1 b 11 risen for the purpoHu of explaining
to the UoUlMl tleu • lit* coins* \vlai< h I had
pres rihed to inyseif; and, at the r« quest '-l
my rollcagii* s. who with the exception «.:*
•ny f:-i« nd who I ad just sat »knvn) com :ir-
j e l with me, that vvhicb they had pros* ri
i bed to iheni'-elvcH. It was not our int«n-
| »ion to enter into a tlisi ustion of tin* facts
| involv i d mi the subject before the Collllliil-
I tee f ii«*r w as it our intention to s*y any
[ t'liug winch cou -I he in anv m mm r • ul. u-
I ted to tom h or excite the feelings of gen*
tScnioi) on that ff oor We were not dispos
ed to enter into tho discussion of the me
rits of the old” nnd of 14 tho new treaty,”
(nsthey were styled,) because wo were not
prepared with tlie necessary testimony to
•ii.si. iu oirrsGv. s. Not being pr. pared Ibr
nik Ii ini. -tig ition, wo had detnrruined to
use no expr. 4sinti reffeting cither upon
t!.e General Govvi n merit, or upon the agents
employ. I hv il, win- h 'night bo . ul.'ulated
fo prrvdu* c angry ft*.dings or rocriuiiiiating
express,oris Should vv.- do s*i, tbo gentle-
men on tho other • !o would have a right
f«»c;dl upon us to MuhsidiUr.iin any occusa-
fioni vv.i miglit make Now, if called up
on lor i I i. e, we I ad it nr t. We • r«
not even in the possession of offieiui doru
incuts and papus alluded to by my col
league.
la fart, ev* n .fin possession of tiiei>o, it
was proper to say wo should not consent to
rest our co*e upon them. Thoy contained
fi/rairetcstim-iiiv, against the use of v\ Inch,
m any manner, no :w to uffc* t tho rights
of Georgia, wo vveru ready, to solemnly
protest. VVe were, tlmrifore, wholly un
prepared t'-r trial, nnd w. re, consequently,
unwilling to use expressions which might
bo offensive. I was not in the hubil of
slniiil.ing, when it was my dutv t.» advance
onward; but I never would consent to
mnko an aecusatiou in anv case until I bad
tlo: proof within reach. My colli .iguo he-
heved lie had suUndent proof to stand nn
\Vo thought vve had not. We then Ibre,
hoped that gentlemen, iu any remarks
win- Ii they might think it proper t * make,
would studiously avoid, in the slightest de
gree, icllrctmg upon the character or i on-
duet o| tlm Lx--, utivo, or f the citizens
Georgia. While we abstained, under «
cumstunecs, from giving vent to our feel
ing*, by expressing, in strong terms, ou
disapprobation ut tin* conduct of the (Jen
eral Government, wo should promptly and
severely lopel thn slightest imputation
c .-I upon tin'citizi niof <». orgia, oi of tic.
Executive Whilst, however, vve docjaicd
our determination to avoid uuplrasant or
exciting expruss . ns, wo wished it to he
dis'iiictjy understood, vve were far from be
ing insensible in (he. treadm ill ourSiatv had
received. We wished it to he understood,
that vve vvu^e tar from cxpresmiigapprohutinn
ol the General Government, or disappro
bation of our own.
In regard to the immediate subject before
the Committee, 1 would frankly observe,
that we should have no v ci v senotm objec
tions to iho pus-; ig u of the h II iin.l- r consid
eration, prov i«h d the constitutional difficul
ty were out of the way. We b* linvej that
the “ New Treaty,’* \v ill thu provisions
c- utuiued m the supplemental hill, would
iff’ndi-» Georgia every material advantage
s« cur-.1 umler “ the old treaty ;" and, in
regard to the McIntosh h.diaiis, the advan
tages held out to them were far beyond
what the old treaty entitled them to. The
fict was,llio (iencr.il (loveiniii. nt had g *t-
ton into a dih nitna, and wo must pay pret
ty ih'iirly to get nut of it.
only, or Alabama, or the Creek nation, ho
had a bearing on cvcrv individual in tin
nation ; cvei y friend «>l* the form «»f gov ern
ui* nt under which we live He had not ri
sen to make a protest against t he treaty, am
to support that protest bv a lengthy argil
m. nt . hut to * iv that if tbehill clinuld pass
a greater innovation would he made than
ever hiol ik n pla- e befoie, iu the noli*
nnd prim-ioles of this (iuvernnieut If if
priri .pleto which the lull dir * llv led should
reieive the .--ir.ction of Congress. State
rigiits were gone forever; the trealy-niuk-
ing power would i n* long swallow up all
the rights of this people ; no rule would
i leinniu by whi li acts f the Exe utiv*
could be to-teJ, ami u • liberty would L<
enj.iv ud w icre the (fovcr.imeut might a
«»inph*h whatever it pi- ased ionl* r the cu
verof* a Meaty-making power lie eoiisid
er. d llo'siracr eding of the * Id treat as
violation of I he rnun't'.'.-u Tho Ricsi
dent and Sunale b.i-l no* Si power by tli*
constitution. If a treat* is made by win*
a third party nhta-ns rights, they are vested
rights, und the treaty cannot be r* peab
without the consent of tli o party lie wi
•pposed to the lull. <»n the gr.mn I that i
wasiincotiHiitutiMii.il; tin* origin .I treaty is
now, the l«w of the land ; it has re
the constitutional sanction, and been pro
uiulgated. llu was of opinion tImt tin
Statu of Alabama possessed the p
act on the original treaty ; and might e.x
tend the municipal regulations of that Siate
over the lauds now ceded, lie thought
gc*i lumen ought to r. fleet well on vvliat
they were about to do ; and think wlmt
principle they were about to san. ti *ti.—
If - wished to record Ins vote against
ami should be glad to sco the House reject
the lull
Mr MrE.WE rose in reply. Her gr»
te<l that thu lull Im I ex< it«d I hut I’culii
which vv is apparent in the committee. 11
regretted the intioduetiotl of topics col ill
te.l *iily to produce irritation too much to
follow the example ; and ho had risen not
to allure those concerned to I.ike the fluid ol
angry controversy. The subject was one
of great delicacy on all sides, und might
»• in t of a great variety of ddfernnl views
Thu conduct of the Government, said Mi
McE. is u -t now before us ; tho discussion
of it can lead to no purpose but tin exc t**-
ment of feeling* not calculated to produce
any wise legislation The hill in my view,
involves the State of Alabama in none of
the consequences apprehended by the hon
orable gentleman who lias just addressed
the committee Alabama will stand, aft. r
the bill hav n.p-«ssed, just where alio stands
at this moment Tho very object of the
lull is to allay those feelings of irritation
which it has been attempted now to call
torili ThoGnmrul Gov ei runout owe | nu
obligation tho State of Georgia toexti; ;uish
the Indian title toher land*. It h ..i, for a
long period, been endeavoring to discharge
that obligation (ou that subject, however, lie
could not now enter ) They hud made a
treaty ut tho Indian Springs, and lie readily
granted,that, if that whs a valid treaty, no
subo quent u<t of the Government run di
vest the rights whic h it created ; but the va
lidity of that treaty is denied, and under
such circumntances,tlml its provisions could
never hav e been executed Imt by force. The
Government found itself in a dilemma—it
was obliged to respect tiiat treaty until it
would bo done away: and it must either
resort to force to carry it into effect, or it
must give a little more money for the same
end I uni for the latter expedient I will
not permit myself to look back to the con
sequence* which must have ensued .f the
Government had rcaotted to foi e. What
they might have been, no man can tell ;
but every put tint and Matcsman vv >uld aver
them, if it he possible, without invading
the rights of Georgia, or of any other .State ,
and I should certainly be the hint man to
impair the rights of Georgia, if she has oh-
rained any rights under the former treaty
Rot I will wait till that question comes up,
before I undertake to dis- u«* it The Go
vernment .finding itself jn a difficulty, thought
it bust to giv e a If tie more money and inal.
anew treaty. They have done so; and
Georgia g-'ls, by the new arrangement, all
she could have got by the old. Will she
imt accept of such an offer 3 Will it not
he wise iu h**r to do so 3 Is it not her dutv
t'* •! i s-»’ And is it not our duty to enable
her to ii.) so ? If, when the litiu -hall he
ru.i, which is contemplated hv the new
treaty, it shall be found thut Georgia has
not obtained all the lands stipulated toiler
by the trinity of the Indian Springs, then a
scri nu question will arise ns to wlmt further
is tii In* done 3 The United States will
then have to decide either to confirm th 1
treaty made at tho Indian Springs, or giv
more inoicy, and get the residue hy pur
chase. Fur in)self, I am willing t» give
more money if it should to* necessary. Rut
at present, it isnot cartan that all tiic land
w ill not he obtained. Gt
iiitellig. n.-e in the Senate
la id is included.
There is at present, n
delicate question, and on
at this time, to no r. suit
tin re is not so in i' h rn.ii
treaty than hy the old. It
"aged. Nodoabtwe ought to acquiesce in I be miormr d w
Im treaty, if vve get by it all we have a right such a request was in order
: •-** The CHAIR replied, n gentleman dr
ain-* that a paper, which lie holds, may bo
rend to tlie House. 1 f no obj ' turns arc of
ft r« d, tli" reading will In* ordered
demand But the gentleman is mista
ken ; we do not get all hy this treaty that
got hv the former one. The gentleman
suggested that the Gov. rnmem were enti
tled to great credit for their good manage*
silt. It is true that they liavo given but
little in -re money, hit then the tract of
ind obtained is not half so large. Wo aVc
old that this i* much heller than the em
ploy men! of force. True,sir. Rut it the
G- 1 eral Government had, when the find
trimtv wns made, taken rational means to
nrrv it into effort, d might tmvo bo
ot. d long ago vv ith.uit any f u'c I do not
iv tint force should liuve been used. I
vonld have hud the (joverntnent s'iy m the
Indians •* the treat v is good—we ire bound
iltii il to Georgia, and vve hIihII do
hut if you want t stay In re fora few years,
till voii are satisfied that it is your interest 1
r* move to the W est, it is well and good
ill may do so.” Sir. had this language
•eu held, Georgia would have In
ctIv satisfied ; hut m«teud of this, or any
mg like tfiis, the Government su^tainci
them mi their opposition The friend ofth
Uii ted Slates iniong them, wns assassina
ted, nnd fho«e who acted with littii, though
promised protection when they came here,
w• re ire Med with contempt.
Tho chiefs of the opposite party had
every nossiblc attention shewn them. They
rolled in luxury—they were treated with
whiskey and Uliamp iigne gaudy clothes
w.-re given to them ; and, to crown all, their
portraits were painted hy order of tho Sec-
r« r iry of War. for tho good posterity. The
others, the friends of the United States, were
treated with eoldnes- they worn twitted
with contcmpt - tliey wnveenllod* tli" small
party"—their interests were ahandoiied--
and, if they worn a small party, it was be-
cause tho United States did not dcoire that
they should heroine a large one. A ♦riernf.
who sit* near me. has made ii suggestion, of
which I very willingly avail nivself; it is
to rOill-'i-k. oil the inception . f this whole
business, it has been said that Ge. igi.i wa*
herself the beginning of th s treaty But.
sit. the flrvt treaty wus begun, not in Geor
got hut here, at the seat of Goveriun* nt —
The «»rd< rs to the commissioners were is
sued from hence—the instruction* wen
drawn here Georgia did n< t interfere n
anyshipe Nay, the'-o'limissioners refus
ed to the (i w rrnor of Georgia thn infor
mation he requested. The whole matter
from beginning to end, win arranged hy the
General Gov eminent ; und cvcrv step in it
was taken with their perfect knowledge I
am very sorry to he called to make these
remark**. Every thing hitherto said nn*i
published lias hern against Georgia. A
voice in her behalf has now been raised
for the first time, and I humbly hope tint
the effort, though feebly m ule, has not beci
Mr WEBSTER mid, that if the pnprr
related to any subject b. lore the Hou»t.
lie supposed it might properly In* read, if not.
he should snpnos** il mil of order.
Tii.* SPEAKER d. sired the gcntleniau
fiom Ge«»rgia to state, hrielly, the nature of
the paper he wished to present.
Mr FORSYTH stated that it was nprnte •
drawn upbyth**Dule*»ftti«mfr«m («**orgi.i,v>n
thn subject of the lain treaty with the Crick
nation, the object of which vvas to save tlm
rightsuf the authorit esof (ieorgia, which
might hn interft rml with In that instrument.
Mr WEBSTER objected to its being read
at this time
M . FORSYTH then said he should
accompany the paper by a resolution, in
vvlii* b case its reading would be in order.
'Phe UII AIR teplied that the hour for tho i
presentation of resolutions had ©lapsed.
Mr. FORSYTH then desired leave of tho
House to re-net the resolution.
Tho C1I AIR thou w.-H f .ihout to put tlm i
question ou suspending the ruin of the |
House, which limits the presentation otJ
resolutions to tlm first hour ; when "
Mr. STORKS.asked if ihat itiln slmulti ha
puspi ruled, who* her tli" fust q Atioo then be-
Tlm State ut Georgia was prepared t-
ie. nto “ tlm old Treaty.” Tlm cede
-pute upon, ail individii.il in ver hoard--1
n the and send him with v certificate in h
eloir
his p >» k-
country will occupied under it, hut u
would hn a want of candor iuus to sav thn*.
vve did not rejoice that the pi .\i-ious of
this treaty, no fir as Georgia was c nicern-
ed. could lie carried into effect without mil-
tonally conflicting with those of the
4 * new,” All appiehen*ioii,lli r« fore, of n
collision h'*(ween General and State Gov
ernments, was nt an end A civil war was
in all case**, h irrihle, and every patriot
should desire to avoid it. In this case, n
tho (jeueral Goyernmciit had per«*eveir l in
its course, *t would have been inevilahic.
Nothing but ;t me .sun- of the present kind
could avert it, union eitln r p my imd \ icbJ
od tu thu threat of t .ri c fr »m tin* opuoMt*
luhjm t of free persons «»f Uo|«»r, the Prcsi ot, of their high coutidencu and of bin gu-al | *nd© Our pi ideas (icorgians wont.I
dent tliought an o"t of the Legislature of| desert ? No, air, they wrote to their Coni
that situ© to bu unconstitutional, and had [ tnissioners, nn arrangement vvas made s..tis-
niaile tins opinion known to tint Siute, i factory to all parties. Rut iu the onto ot
whereupon iho previous art was rc-allirni- 1 Georgia, there was no application to the
cd. Would any geiitlem.in tell him thuttliu | United Stales' (’omtn sstoin is. \u agent
Pi- sideut might send n military force to
Charleston to rescue per. <m of that des
cription limn prig 'll ; NV iuld that be tolera
ted 3 \ -t he hail done tiov same thing in
Georgia, llu h id v ent tho bayonets of the
United St.it* * within the limits ut that State,
and for whit 1 To prevent surv c) m s with then
instruments, from passing though a part of
that State, although all they asked of the
Indians was (lie food wh ch they ate, and
were re idy t*» pay for every iiitu le furnish
ed thorn A rciuoiiidr.tlion was made on
the p ut of Georgia, hut in vain ; and when
the President was told, that if those troop*
cntor»*d iho Slate, be must take the whole
responsibility id’ the consequences, his re
ply yy as, tiiat lie was willing to take that res-
p >nsl ilitv Ail the an* ot calumny mi l
falsehood were, in the mean while, vigor-
ou«*ly employed ; and, at length, the l*n»i
dent* thought u *'-'*• to take tho ultim.Uc
step.
Here Mr i’rht'N 1 11 was called to or
der by Mr T Y\LOK. of Vs wb-iwas pr*.
reeding to *iat** vvlicreiu Mi. FORSYTH
was out of order, when ho was » ailed t
order by Mr d A UNDE 113, of North Uai
Fiic Uhiir dec 1 Jed tbit Mr. FOH8Y 1*11
ras ui order
was found, and immediHt* ly
gin, with power tobtnd un I loose tho otfieers j
of the United States, subject, it is true, t
have hi* acts leyiscd and approx ed by the
President.
Some years ago, complaints were modi
to the President of the United State
Georgia, of tho conduct of
diun Hg* til The Presul
testiinony in the case should he collected
tit us say ing that vve vvoulJ hav
unwilling to have met such a crisis, and to
have maintained our rights under even
hazard The Coiid.ti -i) would he u dre id
fill one, ind- cd Iimwcvci, when the pnifit <>f
the bayonet alone could settle thr emitr-.v* r-
, m *) We approv ed of the util as calculated to
o I prevent a mviI war between thu United
Stat* s nnd Georgia, and also to avert an
internal war bet \c«-n th twoop|Mu*ing |»ar*
tics in tho Ureek N ition. These part.es
reMrnimd non) hostilities, which
bv ^ hid h* *
t' :i certain ln*| vvouhl have >• r.*»usly affected the safety
cut desired tlm* and quiet of the frontier* of Georgia ;
M.diauia A Florida,only by th<
hy the (i-.vernor of Georgia, nod transmit-1 uitcift rcu* c*»f Gen G.lines, under the or-
ted to the Gevcrtiment fur.-, it vv.is done, i dtrs «-f the General (lovernuiciit. Bothpar-
J after an oxaminaiuni had, tho Attorney’ I t
General pronounce*! against the individual
and lie vvas turned out of offi* c Rut uii
dor a different State Ydriiuiistmtimi, w hen
coinpluiuts were made, :he President scut
un agent intake the testimony. The Gov
ernor of (ieorgia w as not now t» bo trust,-d
And w imt was the conduct of the gent,
when he got to the field of action’ I Is
first act was to suspend the Indian Agent,
as uu act id’ court***, to the millionth s of
Georgia, hut lie took car© to write him a let
tor at tho same tunc, assuring him thitln
nad not th© least doubt of his innu cure.—
File MOH|>etiMioiiofthat agent was asked, be
cause so long as it was known tiiat he cot •
t'liiud in thw cinpl *y uicnt and under the
« protection ol the In.ted Hums,the wanes-
w, re induced to submit to llie
Govenimtfni their differences. The resui
of this iiitcrfciiiice i» now the object ol
our consideration. Ifvvo passed th* sc bill*
there vv*,uhl bo satisfaction on b an sides
If we did not, I. felt il my duty t« • t«- lia
thu Mclnt"sli pirty would io«urn home win.
tlm most dcleruuncd h is'do uitoutioiis, i
was yviih hm .'i ditti ulty tuis deiegation
li id Inn'll k- pi in i,* Up ii represeiitiiiL
their feelings . > uie War i.iritnoiil t
In-y requiiud lo be ih*n« .
• •dimiz d by the {Set r«: ••
vo them cveiy MMSuran •
i* milistitrd. Without this
ivc been Kept lu re.
M r 'ii.NER, n Pa rose as a member *>
lli# Couiiuittetsuf LuJi.iti affairs, to expres
xplnimi
.hat they sh
.hey could i
•itlerm n of great
say that all tin
nee 1 to agitato n
! wJii< ii cun ItMItl,
As lo the money
■ given hy the n» \
is tin**, there i*
h given in rash : the old treaty
gave them .’?4-M),U()0, th** new treaty appro-
pnates 000, and gives an annuity of
$*<20,000. Tins, to be sure, it'the annuity
is ret koned at its entire value in one sum.
vvill make the amount rise t<j m arly a mill
ion But it will be paid year hy year, and
will never bo fi ll hy the* Treasury The
c intrnver-y will be settled, and all the ob
jeets of Georgia attained. To me, it ap
pear the Ifst way to tranquilize a difficul
ty win h threatened to shake the country to
its centre.
Mr FORSYTH wished to add a word
hy way id*uxpl-inati in. He difteted, in his
view of this siihj**c», from III* friend from
Georgia. (Mr Txn naI l) but he did not
consoler tin* difference us xerv important
Th« gentleman h id said, that lie did not
wish n discussion where the© was no ev
deuce ready to he produced. Nor do 1
iiii'l I said nothin • xvtueh lam n>>t prepared
t*» substantiate by documents eitln r of tin*
House, of the Senate, or of the jP'atc v»1
Georgia. «\h to the documents, I sa I u
thing: but, if tho documents were p idue-
cd, I would say, that they are wholly un
worthy of credit, from the munnri in which
they wen- procured. The Gentleman u
wrong, when ho says we are no* ready foi
trial I aiu prepared for trial. Oil all the
points at isHiie between Uecrgia and the
tutted States, proof is on the records of this
ILmsn.
My frjenrl fr**in Delaware says, t!»at th©
bill is intended to allay the strong feeling
which Ins been excited on this subject—
and that he is sorry to hear remarks calcu
Lit* d to exete hii* h fee lings I had r» > in-
teiition toproducethat effect Rut no'-Migc
Ims been heard within the last year a t inst
the conduct of the General Governn nt—
it is every wh* re referred t*» as the humane
protector of tho Indians from oppression
and wrong—it is every where lauded lor iti
success in repressing the attempts of Geor
giu to o|»p»e«*s them. Al whose expense
then, Would these irritated feelings he allay •
• *1,should we suffer tins bill to pass vvithou
c.mmeut from us? At the expense o
Georgia. Itn*» v-u* *• had been raised upon
this ffoor to throw ha k ti e charge of op
pression, it would i • naid that Georgia in
tended to oppress, hut was prevented. My
hi pus- wa» to shew that Georgia never
tuo sm h an intention—Georgia had noth
ing t*» do with ih** transaction. If any
runes hav e h* ©n committed, they are th«
<:r;m*-* oi the General Government; w*
weie passive spectators, and not parties en
T
4"
chili*.
The hills were* severally reported to the
IIoimh, without amendment, and the Id!
making appropriations to * arrv into eff* c
tlm treaty with the Creek Indians, wi.sor
deredto bo engrossed for i third reading.
The question being on ordering the bill
from the Senate to In* read a third *iin*•—
Mr STRONG, of Now Y rk, m *ved t*
strike out the first section ».f the bill—-it
effect, to destrov iho bill; nnd followed Iff
motion with n number of rcimiik*, in siij>
port of his moth n, anil in explanation ol
Ills objecti ns to llie lull, which, are. gene
rally, that he was opposed to a jiartial com
mencement of ;i system, w hit Ii, ought to h«
g* neial, if a< t* d on ut all.
Mr COUKE <q.pos *J the motion, and
replied to Mr. STRONG, atid read tlm (ith
article of the lat© Monty with thus’ I-uli
nns, to shew that this lull vvas required hy
he Htijmlntions of the treaty.
Mi. VINTON s|»uk» at some length to
show, that the stijiulntioiiN «jf tho tr*»aty
were fully satisfied |>y the appropriHti«*iis
just oidered to a third rending ; that this
hill was not required hv the treaty ; that
il hold out impinper indm emciits to th<*
Indians *»f the other party to r* tnove, Ac.
Mr TATN M.E sfited fids to **ho\v that
the j.ncifiention of the ('*c**k N itu'ii. nml
tho avirting of civil war nnd bloodshed
among-M those Indians, reqmr* *1 tho jins
sage of this b.II, providing tor tin* removal
of the McIntosh p irtv beyond the Mississ
ippi, nnd to obtnin the consent of dial pun
of the nation to the new treaty.
After some forth* r discussion between
Messrs COUKE and VINTON—
Mr. COOK in *vod to amend tlm bill, by
inserting a substitute?, making a speeiti • ap
jiropri t on «»l ‘d(),0()0 dollars to carry im .
effect jinr.ieiil ir articles of thoCr» ek tre i-
tv ; und 1-dloWed op his motion vt uh Roll!**
rem.iikH in fivor of this course, instead of
the Senate’s lull—concluding hv moving to
rccoiii-i.il the hill to thu Cun nittee oil In
dian Xff’nrs
Mr T \ F l’NALL repeated the necessity
*.f til's lull :o obtain for the treaty the con-
hem of tin* McIntosh party ; and that, with
out that consent, it would bo impractical.le
to curry the treaty into effect, as they would
inxi-t on dm fulfilment ol thu old treaty und
o|i|)-.su tlm new ; and thu consequences of
that s ate of things Mr. T. earnestly depru-
lore thn I louse would iio> he ot.
offered hy hi* Colleague, (Mr Gaiinsiy)
I tlm atn*'nduient to it, the rntnudera'ion
of which had been cut short iu consequence
of the h *ur’h having cxj.iri d.
The t II MR teplied that it " ould.
Mr. R XSSE'FT then a*k©d it the r;^^f
might not be **iH:>end* d *7as well HHI
^cnrru ,, jy Tin* UII MR replied that ir^
might, it such should be tlm pleasure of
tin* House
Tl.equestion on Ru*p©ndmg the rule was
then put, (whi* h lequircs two third* to« niry
it.) nnd dot nled in tlm negative—Ay used,
Noes (57
When die hill cam** up, Air. STEVEN
SON, «.f Pa. said—
Mr. Hpi.xkkk : Tlr* morning, a member
from Georgia presented to th.s II *u«i* n jiii-
per "r a pr**-**"f *»n behalf *<f tin* d.-legatuui
from (»e *g *, xvlii* h Im d* a < hired • onti.iued
the xielvs of the d« legation from that fMnte,
on th** subje-'t of the treaty with tie Ci*©k
I . inn«, and n*ke»l that it might lie te .d, it
having r* f*-r»*m •• f«. hills vvlii* L would cmno
up to I e d' tiibd inimcdi tely. Tlm rend
ing was ohjei t* d t*» hv tin* genlleindu fr*.ni
Mtisbachusei'o. (Mr XSt tsii ) or I tho
hour hav mg * !:i|.si d that isdex**ied ttrff -olu-
lion* nnd motioti*, it was derided Lv the
Si't.vKEH Ilia: -t could u >t b** received A
moti m xv is then made lo suspend the ruin
limiting the hour for the purpose of receiv
ing tliiB paper. This was also objected to
by the gentleman fiooi Massachuri !’♦; and
by a rigid application of a rule r* quiring
txvo-th rd*t*» suspend the rule, the di |»*ga-
tmn of G >rgia was pr* ventcJ fiom offer
ing their declaration or protest, although *0
voted for its reception and only 07 against it.
And now, sir, thu bills reftrririgto the Creek
treaty cum© up on their (bird tending, ami
:ir»*t.» he parsed, without tho member- froin
Georgia having nn opportunity to preset*-*
to the House* a paper vvlii* h tli# v think a*i
a* t of duty to th* ir Hint* to have read
f*re the pa**s:ige of these b lls H.r, I know
| not the contents of that paper; but 1 am
satisfied, from the * harartcr of those who
offer it, that it i-*» oucjied in respectful l* • ms.
It is just that tliev should have an *>t-p* rtu-
tuty*d lieii.g 'i* ir*l bet*.re the question on
the pa-sage of these I.IIU is decided Hu re
ly iho mc.isuies *-Fill’s morning seriii to
jiistity the "barge of an unkind course hav
ing been pursued toward.* (ieorgia. It of
fer* *oino proof that their is a spirit of se
verity exercised bv r*»me towards lu r Hir,
I cannot he satisfied with lift*. I will ft cl
for every member of thi- nation. No Huto
can ever shew th it i iju-tiee lias been Uotio
her, nnd appeal to this nation in vain. I
fear that injustice lies b .tii i! ii.* to Georgia;
there ar**.at least, some ev demos of it —
I’lie nation may In* slow to I«lo ve her Rio-
ry, but, i,nee convinced, it will redrew* her
wr* ngs Whin, sir, has it come to tin*,
th u tl.e delegation uf a Hi': te. und ».m-- F
t'mold {States too, lias asked the rending of
» paper (ires* tiled hv E mu (otitis ||«iuse,
and tins has been deni. -I r *louii d hy a mi-
n**rdy of th** House too ? It is nor iron ly
mi a t -I courtesy, it is un art of justice to
li"er the Stale, and before tho |.u**»!?<) of
these Li IN too
Mr MeEANE spoke to show, that the
aid *.I* this appropriation xvii* necessary to
enable the Government to carry into effect
the great object in view, of removing the
("reek Indian* of Georgia and Ylubumn
beyond tin* M.s**iasippi, m such nu tubers a-*
tliev Could Le induced lo go.
Mr FORS\ Fll stated in detail the pur
pose .-I the bill,nn l itscxj.ediency for tli"
purpose of douig justice and removing all
• litti ulties nm .iig-t the d.fferent parlies ot
tli*- Crutk Indium*.
Mr. U( >0K rejiln *1 at sotno lengtli ill op
position to the original bill,and was replied
to by Mr. COUKE.
After considerable further debate, in
which Mr V INTON, nnd Mr. COOK t»u|i-
ported the tcroinmitinent of the h II, ami
Mr. THOMINON, of Gro. Mr. MOORE,
of Alabama, and Mr McLEAN, of Ohio,
opposed the recommitment and supported
the hill —
The mo'ion to recommit was rejected by
a large majority —
Mi. STRONG then moved to amend the
bill by striking out the enacting clause ,
w hich wait m g ttivi *1; and
Tbe bill was then ordered to a third rea
ding.
Theothei bills reported by the committee
of the whole, w ere then ordered to bu en
grossed for a thud reading ; and
The House adjourned.
Tii.*t»xv. May 0.
THE CREEK TREATIES, Ac'
The bill from the Senate, “ to aid curtain
Indians ol th©( reek Nation, iu their remo
val lo the West of the Mississippi.” was
read a third time, when Mr. Strong, of N, Y
demanded tin* yea* and nays on the passage
of the bill. The House sustained the call,
and the bill was passed by yeas und nays
168 to 16.
Tho bill “ making appropriation to carry
into effect tho lieaty concluded between tbo
United States and tli© Creek Nation, rati
fied the fcid of April, lSiW,” was now taken
[When one ot the bills preceding this
was under consideration, Mr FOIESYT1I
rose to offer a protest against this hill, and
Mr HTE\ EN8UN, ol Pennsylvania ther
made Homo remarks, xv Lit h, under th© cir-
t uin-tam» s, were declared hy th© 8 PE A
KKK to be,with Mr FURSY Fll'8 motion
•ml ot order Passing oxer this prelimina
ry matter, the billowing presents th** sub
st.iucu ot w hut passed, both before and at
t* rthe third reading uf the bill, previous t<
its passage J
Mr. KffiSI (II. of Georgia, ruse in In
I-lace, ai.d desired that a paper, which Ii
'»* Id in Lis hand, might be received an
re.id.
>lr. V\ ER8TLR desired of tbs Churl*
e*c hi IN too.
I therefore move that th*' question on tho
passage <J’tlii*hillbc postponedi n il t«>-n*. t-“^ l l
'V—in onlerth it th©*!* |eg itmii fr- in Geor- 1
• nigii-
• piestioii
• il .invo an *»p »»r» mi
pr- t; sl lii-f.irn llio IIh ihii w in,in III"
Inr tii ii., :»■ i■! In T*<i*»r** lh«
ji;|.« v." , f |J„. Inllsi.
Mi.I i)ICi'll -ai.l,Ii.m'. I• .cn.ililooTilu.
kimlnr.s ui tin* *;i.|ii oinnn f mu Inn.\ Ivn•
ni l. Tin- |>r<itoM liml nut I
frnin tin* pi-niTiil tei*. Hi.,*.] iii j ri'H'iitiiif: it,
ntiltlll llIM- bl't-n <lip|in<ril In 1nI.n<< .. I,I,ill
lull. Il Ilinvi’ViT r"i:il"Hln ill" ||"X| |,j||; I,,
tin. llie i!"|. j.it
■ Ir STl.VL.V-O ,' il,"ii ►tjtuil dm In
<!*-*'*!.' wjllnlnivIn* "|i|i.mniii/i tu thonues.
timi on on th s hill, iin.l ri ni.vv it un tiio i th*
or, with tl." t icm ho hml m.iud.
Mr. \\ t.IJ-S 1 Lit mud. that ho |)re snIII 1‘W
mil! ri. 111.1 ,k« of tho li' inlcimiii
I’loi.i I’l Tin.ylvntna hint hi i n r.iih d ft rlli
hy llio oh.orvntioii, wliti'h tlo innilo nlit-n
tli" Reolh'imin Irorn <ii*or-ia had liscn t.»
nro-"i,t tho paper. I nmi. ri.lund (said Mr.
\V t uarr.K,) that the Urntleinun was desi-
rottsto pri son: a protest, tho hunt uf tlm
day lur tho presentation < f such a pnj£_t
was then passed, and I could nut snpp.flo
it to tio the wish td the lioniirubliT gentle
man m >"l<?t n prnte-t w ith respect to a cer
tain hid, tdi that ini! i liould ho at its passagi.
or sitould have been passed, lie curt&ttdv
had no ohjection tu tho couth man's pur,ii-
tu.r any course, in respect to this matter,
vvliioii tiio Cunstitnt on ullotvptl. On tho
subject of protests, h" believed, the Consti
tutiun was silent, and the practice was un-
l-r"< edciitcd, excep'. he believed, in ssmsl.i
case, where a member had been petifiitted
to enter un the Juttrnais Ida dissent, with
the i casuns ut it, to some art od tho I louse.
1 he practice was on-, which might lieCOmd
very inconvenient, ilYretpienlly pursued —
In iho present case, ho tool. ,t fur granted,
tiiat inti paper whii h tiio gentleman wished
in present, was both in matte, and manner,
all that it ought to be ; his ohjection had
only been lo the timo, at which n was of
leu d \\ hetlicr a pmtcsi miglit he entered
?“ Journal* ol tins llouw.lte did not
h "°' v '> he should presume, that such i.
practice might pin,luce sumo inconven
ience—but lie bad not the least ill sire to
pievent the gentleman from taking anv
;.'.! U . r ,f! l,,; l*«l'«r. which might
he allowed by llio rules ol' the Hon si
Mr. I t!Ii.S)\ in , >0 |j | ie (,elicve,l it was
Strictly III order to present thu paper now—
as to its further disposition, it might lav set-
tied to-morrow, or ,.n any other day-land
as all he wished with respect to tliis bill,
was to have tho opportunity of ha\ ing tins
paper read helore it passed, lie hoped tho
gentleman Irom retina) Ivani i, Would witii-
draw Iiis ui'*tinn h*r jn*stpoiiciiicnt
-M^TtVL.N'hO.N assented—and the
fnllowing protest was then presented bv
Mr lURKVTII—and read nt thu Clerk 's
.able, [/’rotrst publish, .1 l aa i i
Mt. ll.wiu^.of New York,called for
-tie lets and .Nats upon the passage of the
••'ll- c»M " is susta tied hv th" II. use
and tho question being taken, it was decC
>tl in tbo otliriiitttivu, a* follows
YEAS 107.
NAYS —Messrs
lay m s, .McKe*
\ ..l>. Ow en, flawy er, Tattnall, t nompsoii,
Cuthbort, Torsi tli,
Jlerriwether. Moon’, , f
if Geo —10
Ho ih* bill wa* |i
Senate r or r.-jicmr*-
nnd **»r»t to tin*