Newspaper Page Text
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/“I bag rou to bs assured, that I pursued your in
structions’ in relation to the negotiation; and although
the treaty has not been made in conformity with the
instructions with which I hove been furnished, yet I
think it can be, at no distant day, to the entire satis
faction of the government. I have made these hasty
remarks from conviction of duty, to apprise you of
the manner in which it was accomplished; and, if it
be thonght necessary, I can give you all Ihe particu
lars pending the negotiation. A "deputation of head
chiefs are desirous of visiting Washington, to have a
full and fair understanding relative to
“1 have the honor to be your obedient servant,
JOHN CROWELL,
Ajentfor Indian j\ffairt."
Shortly after writing this letter, the agent
repaired in person to Washington. After his
departure, and on the2d of tlto month, a coun
cil of the Creek nation was held at Broken
Arrow, in which a protest against the treaty of
the Indian Springs was adopted, and the lists
above alluded lo were prepared. These docu
ments, however, did not reach Washington till
after the ratification ol'the treaty.
The treaty, meantime, was expedited to
Washington. The president of the United
Slates, then about to retire, in a few days, from
office, referred the treaty to the senate, with
the letter of the Indian agent above alluded to.
It is out of the power of this committee, and not
within their province, to assign tho reasons
which prevented the senate from being influ
enced by tho representations made by the a-
gent, as to the mode in which the treaty had
been effected. No testimony, within the know
ledge of the committee, had arrived from the
Creek nation, to corroborate his statoments:
and on the 3d of March, the last day of the
constitutional existence of the then organized
senate, the advice anil consent of that body
were given to its ratification. It was accord
ingly ratified by the president on tho 7th of
March, under tho unsuspecting impression that
the treaty was negotiated in good faith, with
competent parties. On tho next day, the pro
test of the chiefs assembled in council at Bro
ken Arrow, and the documents accompanying
it, were received at Washington, by the agent,
and submitted to the department of war.
General M'Intosh, after signing the treaty,
does not appear to have remained at home. A
few days after the signature of tho treaty, ho
repaired, in company with Etomc Tustunuggce
and the other chiefs, to Millcdgevillc, and, as
oppears from an extract from the executive
journal, published among the documents sub-
mined to the committee, received an audience
from tho governor of Georgia, in tho oxecutivo
chamber. They stated, among other things,
their apprehensions of hostility from the part
of die nation opposed to tho treaty, and invok
ed the protection of tho United States and of
Georgia. This protection was promised them
on the part of Georgia, by tho governor, who
also intimated to them, that, “in the business
of tito treaty, the president could not but con
sider it the act of tho nation, provided the
whole country was ceded; that what ought to
be considered tho act of the nation would still
be a question; that the government might be
quite well disposed to consider the act of M'In
tosh and his friends as such a one.”
The day after this audience, a letter was
written to governor Troun by four of tho chiefs
of tho M'Intosh party ana Chiljy M'Intosh, in
which thoy allude to tho existence of tho law
abovo mentioned, at Polo Cat Springs, (deny
ing, however, its obligation,) stating that “this
law was passed to prevent M'Intosh from sell
ing lands;” expressing their fears that attempts
would be made to put it into execution, and as.
senting to a proposal which appears to havo
been made by the governor, that a message
should be sent by the governor, to those oppos
ed to the tigiuty, warning thorn against any act
of violenco. Accordingly, on the 26th instant,
Colonel II. G. Lamar, the aid of tho governor
of Georgia, was despatched with a talk to the
chiefs and headmen of Cusscta and Took-au-
batchcc, tho former being the town of Little
Prince, who succeeded Big Warrior as the
houd chief of tho whole Creek nation, and tho
latter, the town of Opothlcyoholo, the speaker
of tho nation. Colonel Lamar met the chiefs
of these towns in separate councils held in
each. Either at this time, and whilo they had
not heard of the ratification of the treaty, and
tho consont given by tho M'Intosh party to
survey tho lands, they entertained no designs
of violence against M'Intosh, or they choso to
decoivo colonel Lamar, as to their intentions;
or, finally, the talk of tho Little Princo was
misconceived by colonel Lamar, which is stat
ed by Hambly, who interpreted between them,
to have been tho case. Ho returned perfectly
satisfied with their state of feelings, on tho sub
ject of tho treaty, and expressed the opinion,
that when tho ratification of tho treaty was
known, they would acquiesce.
During tho absence of colonel Lamar, Chib
ly M'Intosh, on his way back to his home,
was mot by colonel Miller, and another chief
of tho same party, at Flint river, who informed
him that thoy had been driven ofTby those op
posed to tho treaty, and that vengeanco was
threatened against the chiefs who signed it.—
This affair was, however, represented to colo
nel Lamar by tho Little Prince, as having
sprung from some trilling cause, and was sup-
United States at the Indim Springs, may be
run olf aud surveyed whenever you may, or
the general government, think proper to do so.
"If the general government of the United
States have no objection, and the agent of the
Creek nation, with the party he influences, does
not make any objection or opposition to run
ning and surveying the land, myself, and the
chiefs and Indians who were in favor of the late
treaty, do not object. We give our consent.”
Iu consequence of the conditional nature of
this assent to the survey, tho following letter
was, on the 18th April, written by governor
Troup to general M'Intosh:
“Milledgeritle, 181ft April, 1825.
“Dun General—In one of your late letters, you
say something about the consent of the United States,
or if the agent und hoetiles do not muko opposition.
Pray explain to me your meaning. We have nothing
to do with Ihe United States, or the agent, or the hos-
tiles, in this matter, all we want is the consent of the
friendly Indians who made the treaty. If we ivauted
Ihe consent of the United States, we could ask it.—
Your friend, GEORGE M. TROUP."
Without, however, waiting for an answer to
this letter, and on the same day on which it
was written, governor Troup issued his pro
clamation, stating “the assent of the Indians
had been obtained to the running and survey
ing of the country,” and calling the legislature
together to take the proper measures for those
objects.
To the above letter M'Intosh replied iu the
following manner:
"Creek Xalion, 25IA April, 1825.
“Dear Sir—I received your excellency's request
yesterday, dated the 18th instant, and hereby state to
you, tlmt my only meaning was not to act contrary to
stipulations made between our nation and the United
States’ government; nnd we do hereby absolutely,
freely and fully give our consent to the state of Geor
gia, to huve the boundary belonging to said state sur
veyed, at any time the legislature of Georgia may
think proper, which was ceded at the late treaty of
the^Indian Springs. Signed in behalf of the nation,
ni
from the agency, Major Andrews proceeded to
inquire into the foundation of the charges against
him. The result of his inquiry and examina
tion is contained in the report of the special a-
gent, and other documents forming a part of
the series of papers submitted to the committee
to which reference is now respectfully made.—
Howover much it is to be regretted at any time,
and on any occasion, that a request should be
addressed from tho authorities of a state, to tho
Executive of tho Union without success, tho
committee are of opinion that a removal of the
Indian Agent, without examination or inquiry,
would havo been deemed by the people of the
United States an arbitrary exercise of power.
In ordering an inquiry into tho foundation of tho
charges against tho agent, the committee con
ceive that tho President did but an act of jus
tice duo to every citizen, however humble, and
certainly not the less due to an individual, who,
by creating alarm, to provout tho ratification
of the treaty, but not as threatening opposition:
should the treaty bo ratified.
On tho 12th of March, governor Troup is
sued his proclamation, announcing the ratifica
tion of tho treaty. On the 29tb, he addressed
a letter to M'Intosh, requesting his permission
to survey tho territory coded by tho treaty.—
On tho 6th of April, M'Intosh answered the
governor that tho chiefe (meaning those of his
party) would convene on tbp lOtb, and that
he would submit to them tho proposal to sur
vey the land. On the 12th of April, the con
sent of M'Intosh and his party to tho survey
was given in a letter to tlto governor, in tho
following terms: “Some differences existing
between tho present agent of the Creek Indi
ans and myself, and not having any confidenco
iu his advice, I have determined to act accord
ing to the dictates of my best judgment, which
results in the determination to agree to tho re
quest of your excellency, in giving my consent
in behalf of the nntion who signed the treat
heir consent, that the land lately ceded to 1
and by consent of the chiefs of the same.
“I have the honor to be, with great esteem, yoitr’s
respectfully, WM. M'INTOSH."
It is here necessary to observe, that M'In
tosh, in addition to the license assumed, in this
letter, of speaking in behalf of the Creek na
tion, of which his party formed but a small mi
nority, appears to have been guilty of decep
tion, in relercvco to tho views of that party.—
At a council with them, held by general Gaines,
the general was informed that M'Intosh never
consulted them on tho survey; and that they
nover gave their consent.
It may be hero proper to endeavor to as
certain more particularly the relative strength
of the two parties, as far as existing data ena
ble it to bo done. By the documents forward
ed from the council, held on the 23d of Febru
ary, it appears that the chiefs who signed the
treaty were from the following towns: Cowe
ta, Broken Arrow, New Yauco, Sand Town,
and Ilitchcttee. But it is to be observed, that
tho chiefs from Broken Arrow could have had
no authority to sign on hohalf of that town,
and one of the principal chiefs of tho Nation
was present and refused to sign. From a do
cument prepared in the council of the Creek
nation, it nppears, that of tho fifty-two individ
uals wito signed tho treaty of tho Indian Springs,
M'Intosh was tho only head chief, he being
the fifth in rank in the nation; that fivo were
chiefs of inferior degree, and these all of one
town, Cowoia; that twonty-six were officers
called law-raenders, or law-makors, but not
chiefs; fourteen were broken chiefs; four In
dians possessing no rank whatever, and two
persons wholly unknown to tho council of tho
Creek nation. Those individuals were ex
clusively from eight towns out of fifty-six, of
which tho nation is said to consist. The son
of the Big Warrior, and tho son of tho Little
Prince wore both at tho Indian Springs, and
refused to sign. Tho nophow and represonta'
tivo of tho chief fourth in rank, Hupoy Had'
go, was present und refused to sign. William
Canard, the principal chief of tho Ucheos, re
fused to sign. John Stidham, a principal chief
of the lower towns, Opothloyoholo, chief of
tho Tookaubatchecs, with other leading chiefs,
forming altogchcr, it is conceived, a represen'
tation of a large majority of tho nation, wen
present and refused to sign. On the day after
tho death of M'Intosh, general Ware repre
sents it as tho opinion of ono of tho chiefs who
signed the treaty, that the party opposed to it
numbered four thousand warriors, and the par
ty friendly not more than five hundred, the for
mer having been increased 'by numbers long
cloaked undor the garb of friendship,' who,
since tho death of M'Intosh, joined the hos
tile party. Tho Indians of the treaty-makin]
party, who received rations in Georgia, dit
not exceed about four hundred, men, women
and children, although it appears, from somo of
tho documents submitted, that efforts were
made to increase the number.
Tho intelligence of the proclamation of the
governor’ of Georgia relative to the survey
reached the chiefs of tho nation assembled to
receive their annuity, and seemed, says the a<
;cnt, in a letter to the secretory of war, 27lh
April, 1825, to add to thoir melancholy and
distress. They denied that their consent to
tlto survey had ever been asked or given, and
thoso residing in tho coded territory particu
larly requested tho agent to mako known to the
secretary of war their decided objection to the
surveying of tho lands, until they could remove
from them. They also qsked permission to
send a deputation to Washington tho following
winter, for tho purpose of understanding the
views of the government relative to their future
prospects.
It was at this period probably, in conse
quence of tho news received of tho ratification,
and projected survoy, that, in obcdienco to the
orders of tho Little Princo, as bead-chief of
the nation, direction was given to a certain
number of thoso filling tho office of law-mend
ers, to take tho life of M'Intosh, and two other
chiefs of Coweta, in punishment for the viola
tion of the law of tho nation. This was effect
ed on the morning of the 30th of April, by
party of Indians residing in the ceded territo-
S y, who destroyed the lives and burned the
wellings and plundered the property
chiefs. Tho tidings of this tragical occurrence
were communicated to the president of tho U-
nited States by the governor of Georgia in
letter of May 3d; and two days after, orders
erals of the fifth, sixth and seventh divisions of
tho militia of Georgia, to hold their divisions
ready to inarch at a moment’s warning, in case
“the United States, bound by the constitution
and tho treaty to repress and punish hostility
among the Indians, and maintain peace,” on
the borders of Georgia, should by any means,
fail of their duty in those respects. On the
same day, the secretary of war was informed,
by governor Troup, of the measures which had
been adopted for defence and protection, “until
tho authority of the United States could bo ef
fectually interposed for those purposes.” A
deputation, consisting of Chilly M'Intosh and
others, of tho same party, also hastened to
Washington, and, on the 17th of May, address
ed four letters to the department of war, soli
citing protection and revenge, nnd the interfe
rence of the general government, to chastise
the chiefs and warriors opposed to tho treaty,
and preferring charges against the agent.
Thus was the interference of the general
government invoked, by all parties, to this af
fair—by tho governor of Georgia, by the M'
Intosh party, and by the head-chiefs of the
Creek nation. Tho despatches from governor
Troup were received at tho department of war,
on the 15th and 17th of May, and on tho 18th
orders were sent to general Gaines, then in or
near Georgia, to repair to Mdledgcville, “for
the purpose of consulting with governor Troup
on the measures proper to be adopted in refer
ence to tho actual posture of affairs, on his ar
rival,” and, if necessary, to call out the militia
of Georgia in defence of the frontiers, then sup
posed to be threatened with invasion. In con
sequence also of the charges made against the
Creek agent, by the governor of Georgia, and
by the deputation of the M'Intosh party, major
T. P. Andrews was despatched on the 20th of
May, as a special agent, to inquire into these
charges.
Theso orders were promptly carried into
effect by the repairing of general Gaines and
major Andrews to Mdledgcville, and subse
quently to the Creek agency, where also in
consequence of tho united demand for the ef
fectual interference of the general government,
above alluded to, a portion of the regular army
of the United States was ordered in the course
of the summer. The correspondence which
took place between governor Troup and gene'
ral Gaines became unfortunately of such a cha
racter as to cause expressions of dissatisfaction
to be made by the governor to the secretary of
war, in a long letter dated 7th August, 1825,
and an inquiry of the president, in these words:
“Now, air, luffer me, in conclusion, to ask, if these
tbingshavebeen done in virtue ofyourown instructions,
express or implied, or by authority of any warrant
from you whatsoever, and if not so done, whether you
will sanction or adopt them ns your own, and thus
hold yourself responsible to the government of Geor
gia!”
On the 15th August, an answer was return
ed by the secretory of war, in which the gov
ernor is informed that tlto president 'deeply re
gretting the different viows of tho treaty con
cluded last February at tho Indian Springs,
which tho governor had entertained, from
thoso which the president had found himself,
upon the most deliberate consideration, and un
der the most solemn responsibilities, compell
ed to take, was anxiously desirous to avoid a-
ny thing which, dictated by no absolute neces
sity, might have a tendency to render wider,
differences, in his belief, otherwise easily re
concilable.' Declining, for this reason, to en
ter into a discussion of the numerous topics
contained in the governor’s letter, the secreta
ry of war further states, on behalf of the presi
dent, that “the government of tho United States
is fully aware of its duties to the people of Geor
gia; among which is that of paying due respect
to tho station of their chief magistrate. A du
ty, if possible, still nioro indispensable, is that
of a constant and faithful attention to their in
terests, and an earnest solicitude to fulfil all the
dutios of the union to them.” At tho close of
the letter, the secretary of war informs the gov
ernor, that “the subject, in all its aspects, would
be submitted to congress at tho approaching
session; and all the instructions of the officers
of the United States, as well as thoir conduct
under them, would bo subject to the animad
versions ef that body upon them, for approba
tion or censure, as they might appear to have
deserved." In consequence of another letter
published by general Gaines, tho governor, on
the 21st of August, wrote to the department of
war, and demanded of the president the arrest
of that officer. The secretary of war, in his
reply, referred the governor to his letter of the
30th, in which was made known the purpose
of the president to submit tho conduct of gen-
oral Gaines, with every other matter connect
ed with the subject, to tho consideration of
congress, and informed the governor that, as
the president knew no sufficient necessity for
departing from that course, the demand for the
arrest was not acceded to. In a letter from
the department to general Gaines, of the same
date, that officer was informed, that tho presi
dent disapproved his conduct in writing and
publishing letters whi^t had produced the de
mand for his arrest, and a copy of that letter
was sent enclosed to the governor.
This refusal of tho President to arrest Gen
Gaines, is, by one of the resolutions referred
to this Committee characterised as an “abuso
of offico,” which, “if not properly atoned for,
will, and ought to leave this lasting reproach
upon the nation that even in Republics, tho law
affords no protection against the views of pow
er, and the resentments of ambition." The
committee consider it their duty to state, that,
while they deem the conduct of Gen. Gaines,
in writing and publishing tho letters, deserving
of the disapprobation which it received from
tho President, they perceivo no grounds for
ascribing tho refusal to arrest Gen. Gaines “to
views of power, or resentments of ambition."
On the contrary they regard it as their duty to
express tho opinion that throughout the whole
of this difficult and delicate transaction, the
conduct of the Executive towards Georgia has
been respectful, temperate and conciliatory.
In pursuance of his instructions, the special
agent, Major Andrews, repaired to the Creek
nation, to inquire into the conduct of Mr. Cro
well. The special agent was furnished with
the testimony taken against the Indian agent,
Republic, of which testimony it is observed by
the committee on the state of the republic, that,
being ezparte, it should be received with much
allowance. Having suspended Mr. Crowell
supposedly many persons qualifiedtoj^JI
would include all the lands within the lirnitj^ I
Georgia. I
The negotiations by which this treaty
effected, were carried on duriog almost iL I
whole of the session of congress, and render I
it of course inexpedient to agitate the .subjM 1
of the transactions in relation to the treaty 1
the Indian Springs. The happy termioai* I
of an affair, which bad assumed an alarming ^ 1
pect, was matter of general congratulation.,,
The mass of papers and documents herewiti
submitted, and not of later date, was commute I
cated to a committee of the senate, while tl>
treaty was before that body. But the ratified
tion of the treaty, and the sanction giveu it t»
the appropriations made to carry it intoefieo
superceded, in the opinion of congress, the ot!
cessity of inquiring into the subject of the tree. I
ty, which was now declared “to bo cancelled," I
The quantity of. land occupied by the I t . I
diansin the State of Georgia, and ceded byt^l
treaty for the benefit of that state, amounted I
by computation to about 4,700,000 acres,-1
The cession was procured at an expense to tb I
of it
by a former administration, had been placed
and sustained in a responsible office,and had been United States of $800,000 including the pt*
elected by the pcoplo of a sovereign state, as sent worth of the anuuity of $20,000 per t>
their solo representative to the congress of the num, which formed^ a part of the price.
Union. Tho result of the inquiry, the defence
of the Indian agent, the testimony collected by
the special agent, and his report thereon, as well
as the doings of the committee of the republic,
and of the commissioners of Georgia and tho
va Minj vi*j hum mu uujfj utiU) uiuuisi mo muiuvujr iuacu a^uiuai utu AUUlaU agcljl)
were issued by the governor to the major gen- • by the Georgia committee oo the state of the
replies of Messrs. Mcrriwether and Campbell,
are herewith submitted, and contain all the
means necessary to enable the house to form
an opinion whether the Indian agent could
havo been removed from office, without sacri
ficing the great principles of right and justice.
The committee will only add the expression of
their belief, that in declining to remove tho In
dian agent, the executive was actuated by no
feeling of “contempt for the opinion of Geor
gia or of disregard for tho welfare of a large
portion of the community.”
In pursuance of the proclamation of the gov
ernor, the Legislature of Georgia assembled,
and on the 9th of June passed an act “to dis-
K se of and distribute the lands lately acquired
. the United States of tho Creek nation of
Indians.” By this act, the whole of the ceded
territory within the limits Georgia, was made
subject to the legislative and criminal jurisdic
tion of the state; the land was divided into sec
tions, districts and tracts of two hundred and
two and a half acres each; one hundred dis
trict surveyors, and ten surveyors of district,
reserve, and sectional lines were appointed to
be chosen and a Land Lottery organized, by
which the said lots should be disposed of to the
citizens of Georgia.
Tho treaty of the Indian Springs had guar
anteed to the Indians the undisturbed possession
of tho land till September, 1826. This guar
anty, with the course which events had taken
among the Indians, and the serious and fatal
consequences likely to flow from the immedi
ate introduction upon the land of so large a bo
dy of surveyors, and their necessary attendants,
had led the President of the United States,
through the Secretary at War, to make known
to the Governor of Georgia the expectation
that the survey would be suspended till the de
cision of congress was known on tho subject;
and this eourso was adopted by tho governor.
On repairing to the Creek nation,.Gonoral
Gaines held Councils, both with tho M'Intosh
party, and the chiefs of tho nation opposed to
the treaty. The former were assured of the
protection of tho United States against farther
violence. The latter were urged with the
greatest earnestness, to accede to tho terms of
tho treaty of tho Indian Springs. To this pro*
>osition no importunity could induce thorn to
isteu; and whilo they uniformly professed an
intention to submit to tho power of tho United
States, if called into action against them, thoy
as uniformly protested that they would accept
of no compensation for the lands that might be
thus wrested from them, in a compulsory execu
tion of that treaty.
Unable to procure from the Creeks an ac
quiescence in the treaty of the Indian Springs,
Gen. Gaines rccoived from them, in the open
council of tho nation, a written instrument,
whoreby a certain number of chiefs deputed to
Washington forthat purpose were authorized to
negotiate a treaty for a farther session of land.
Tho deputation arrived at Washington, and
a negotiation was opened by tho Secretary of
War. It immediately appeared, however,
that a misapprehension existed, as to tho ex
tent of their powers in regard to a cession. In
his conferences with them at tho Broken Ar
row, Gen. Gaines had first proposed to them
to enter into a treaty on the basts of a cession
of all their lands in Georgia. This proposition
thoy rejected. General Gaines then of his
own accord, and without instructions, (as ho in
formed thorn at the time) proposod a treaty on
the basis of a cession of their lands east of the
Chattahoochie. They declined acceding to
this, on the ground that a part of their del
tiou was already gone to Washington. 1
written instrument just alluded to, was howover
drawn up, setting forth the authority given to
their deputation, to accede to “tho last propo
sition of th e President, made by Gen. Gaines."
by this “last proposition,” tho delegation de
clared that they understood tho unauthorized
one, which made the Chattohoochio the bounda
ry. Gen. Gaines had understood his authorized
proposition to be meant, viz: that which propo
sed a cession of all tho lands within the limits
of Georgia. It appears however, from tho doc
uments, that such was not the case.
This misapprehension of tho power of the
Creek deputation, formed a serious obstaclo in
the outset, to the progress of the negotiations.
It was in this posture of affairs that tho mooting
of congress took place, and it appears from the
opening message of the president, that he still
anticipated the necessity of making the trans
actions, in relation to the treaty of the Indian
Springs, the subject of a special message. For
tunately however, the Indian deputation was at
last brought to consent to a treaty, by which all
the land East of Chattahoochie was ceded
and a portion also West of it. To this treaty,
after an interval of some weeks, a supplemen
tal article was added, by which the cession
was extended to a new lino, which as it was
By the first article of the treaty, the treaty
of the Indian Springs was “declared to bona!) I
and void to every intent and purpose;” aedev.
ery right and claim arising from the same, I
“was cancelled and annulled” by the new tret! I
ty-
This now treaty received the sanction of I
the senate, by a very large majority ofti»|
votes of that body, and the appropriations ne. I
cessary to carry it into effect passed tunnius I
ously in the House of Representatives, wi41
the exception of nine dissenting votes, boioj I
those of the Alabama Delegation, and the gret-1
ter part of that of Georgia. I
In tho whole course and progress of this af. I
fair,in the perseverance &, assiduity of theeiec-1
utivein pursuing the negotiations,and intheam-l
pie provisions made b.v congress to carry then I
into "effect, tho Committee perceive strong it-1
dications on the part of every branch of the le-1
gislativc authority of the United States, of a dt-1
sire to redeem the pledgo of the compact cfI
1802, to promote the interests and gratify the I
wishes of Georgia. j
In pursuance of the provisions of tho treaty, I
the western line fixed by it was duly run. Be-1
fore however, it could be ascertained whcthel
in this line any part of the lands within the rhir-l
terod limits of Georgia was left out, it was tel
cessary .that the boundary lino between Geor-I
gia and Alabama should also bo established.-!
1 Commissioners on the part of the two State!
were appointed. But the circumstance that t|
direct line toNickajack, from the first benddl
Chattahoochie, above Uchoo Creek, would a-1
tersect that river, induced the commissions! I
to depart from tho letter of tho compact of 18Wi|
and to propose some other point more accord-1
ant with its spirit, which it was supposed dill
not admit of carrying the line East of
hoochic. In endeavoring to settle on sov|
other point, the commissioners of Georgia nil
Alabama disagreed and the former nut as <t|
parte line, on tho authority and at tho ejpctKl
of Georgia alone. I
Between the Georgia lino nnd tho lino aster-1
tained by tho treaty of Washington, it ap
by computation that there remain unceded i-|
bout one hundred and ninety-eight thourall
six hundred and thirty-two acres of Credl
lands. How much this quantity may be redoc-I
ed on the final settlement of tho line betweeil
Georgia and Alabama, tho committee has n I
documents which enable them to decide. |
It is in respect to this small tract of barm I
land that the oxiiting controversy has arisen.-1
Tho surveyors of Georgia, in tho monthdl
January last having passed tho lino of the trel
ty of Washington, wore interrupted by a pity I
of Indians, under ordors'of tho head chief of ihl
Creok nation, who remonstrated with thcmiail
letter written at their request by tho Ages?!
and they have since appealed to the govtrtl
meat of the United States for protection
gainst encroachment on thoso lands wh'dl
were guaranteed to them by tho treaty. Ti»|
Surveyors of Georgia applied to the got
for the support of a military force. Tho f 0,, |
ernor of Georgia has addressed a rcinonsUMtil
to tho president of the United States, apj>j|
rontly rep
vasion af
in bloodshed,
prints, that a military force has been called <*1
in Georgia, to support tho Surveyors. I
The President has promised to the Cretsl
Nation to maintain the faith of tho couogl
pledged by tho treaty of Washington; andwj
governor of Georgia has also be$n®*dj*jl
quainted, that tho president will feci it his "I
ty lo carry that traety into effect. Orders
accordingly been given to tlto District A>
noy and Marshal of the District of Gcorg^l
arrest and prosecute thoso who, contrary to "I
treaty of 1826, and the law regulating the
tercourso with the Indians, have bteneopfl
i surveying tho lands not coded. I
The right to regulate trade and intorco^l
with the Indians, was one of tho first fc®?|
rights exercised after tho commencement oh*!
revolution. On the 12th July, 1775,
resolved by the Continental Congress,
commissioners be appointed by this Cos;
to superintend Indian affairs on behalf of 1 ' .
colonies," and tho Indians wore divided b)'^l
same resolution into tho northern, IC1 V|
and southern departments. In the Iatt cr ■
partment tho Creek Indians were include^
By tho articles of confederation, wL
had tho exclusive power of making treaw |
that time, and it is believed at all times tw .
ly mode in time of peace, in which tho
tions with Indian tribes havo been <*•*"
by the United States. Congress had J
|<owor of “regulating trade, and managi"c
affairs with tho Indians, not members oD -u
the States: Provided, that the legislative •
of any of the states, within its own limits ee-j
infringed or violated.” This express!
and die proviso implied in the *0*“*' 1
mombers of any State,” were the sour^j
much embarrassment under the old i“"
tion. Georgia particularly, ciaimedthe'
to treat with t".io Creek Indians coir -'"
'