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86 /“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 -'" '