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2 mine the validity of the title which Georgia claims under the Treaty of February last, to have acquired to the ■xhule land which that Treaty professes to cede. The Courts of the United Htatcs will hear and de termine this question fairly and im partially ; and Georgia has never for a moment, we are persuaded, look ed to any other decision of it than such as could he arrived at by the forms of law. Whether the decision may be, it will readily he acquiesced in. ’J’liis view of the question, of course, takes it for granted that a new Treaty has been, or will he made, as reported, and supposes its ratification by the Senate. [.Vuf. hit. (COPY ) Department of War, f Dec. 21, 1835. $ (i'litleinen —The Executive, in fluenced by the strongest desire to relieve the controversy with the Creeks so tar as Georgia was par ticularly concerned, from the difficul ties produced by their determined opposition to the treaty of the Indian Springs, has been negotiating some lime past on the basis of a surrender ol all their lands within the limits of Georgia The prospt ct of' success was for a time flattering. Recent events however have entirely dissi pated it, as to the whole of their lands in Georgia. They are willing to make a cession to the East of the t hatalioochie, insisting on the neces sity of a natural boundary as a pro toilion against those tresspasses which they sutler when separated only front I lie white population hv an artificial lino. By reference to the map it appears, that a very large proportion of the lands within the limits of Georgia, will he acquired by the establishment of the Chata hoochie as a line of demarcation. They have incumbered this pro position with some conditions which are exceptionable, hut which it is hoped might be satisfactorily modi fied. The Executive has refused to accept any proposition short of an entire cession within the limits of Georgia, and has used all the means in its power consistent with a sense of duty to induce them to yield. To a communication signifying this de termination on the part of the Ex ecutive, they have returned the en closed reply, sons to leave no ground on which to justify an expectation that they will recede further. The Executive is brought, therefore, to the question whether it is most advi sable (order the treaty with the objec tions made to its validity to Congress tor their decision, or to accept the ••ew basis ot the ('hatalioochie, and resume the negociation. As the c urse heretofore pursued by the Executive has been di fated alike by a sense ol duty and a most sin cere wish to place the subject on a looting acceptable to Georgia, her wishes on the question which the! Executive finds itself obliged to de cide, would have great inlluence on its decision. To learn her wishes therefore is desirable. Her delega tion in Congress may be safely re stored to as being able to furnish the most satisfactory information on this point, and the posture of the affair is made known with a view to ena ble you to make such a communica tion to the Executive, as in your own judgement the circumstances may justify or require 1 have the honor to he your ob’t servant. Signed) JAMES BARBOUR. To the Georgia Delegation in Congress. (COPY.) W VSIIIM.ITOV, lirou n’s Hotel, ICtli Dec. 1825. Hon Secretary ok War, Friend and Brother —Yours of the 13th in reply to ours of tlie 10th, has been perused with attention. !he motives of an interview we re quested. and which is declined bv our father, on the ground of incon sistency to usage, wore to show the General Government that wc were not at raid to speak our sentiments in the face of day. Fite time approaches, when the merits of a Treaty, so called, are to be discussed, (lie issue of which is. in the highest degree interesting to our nation. A nation, wealthy, pow erful, and enlightened, as vours, and Vho o influence is felt beyond the expanse of big waters, wc believe will not suffer itself to yield to inter ested clamor, and knowingly decide to the prejudice of tho Creek na tion. As characters will be convas sed, and as politics seem to be in volved. we hope that in the war of words, the great men will not forget the infant object that gave rise to discussion anil unconsciously tram ple its interests under foot. The Creek nation has held many treaties at different times and at dif ferent places.—Never have they dis puted a bargain legally made, or have been guilty of prevarication Many years ago, the immortal Wads nigton a, \d Alexander McGillivray. ■ui.l certain chiefs of our nation shook hands and made peace at New York. Ihe talk received from that great man, in which he promised that the tinted States would treat the Mus ‘ "gees as children—protect them bum intrusion, and respect their , oundanes as they should he defined '} treaties-—that as long as they con dicted well j-ace and protection should be their portion, until the Great Spirit saw cause to destroy the world either by the elements of wa ter or fire, when boundaries and land marks should cease in general obliv ion. This talk has been kept by the proper authorities of our nation to this day. From Foreign emissaries and su perstitious fanaticism, a part of our citizens became hostile, ami painted themselves red. Our head chiefs, the Little Prince and the Big War rior, with their warriors, adhered to good talks and assisted General Jackson to conquer this deluded people—and at Fort Jackson in 1811, entered into a Treaty with the Gen eral, when peace was proclaimed, boundaries prescribed and protection promised. He told our Chiefs to surrender land and permit the U. States to pop ulate the country all around us, and as we had been faithful friends to the President, we should hereafter live in peace as he would keep at a a distance the bad people from over the Big water —that his friends the Creeks should sleep in security, and awake in peace. Our talks to the IT. State., have been scrupulously ob served and fulfilled and the United States have also walked in the white path of truth. They .are now soon to tell the world, whether they still intend to respect treaties, even with the least of their allies. The nature of trea ties is sacred and for trivial reasons should not be subject to re-investiga tion. In the present instance, the Creek Nation declares the treaty of of Mclntosh and certain Indians and the United States Commissioners at the Indian Springs, on the 12th Feb ruary last to be counterfeit and affect ed contrary to usage and justice. A few questions may not be amiss to insert here by way of illustration, and let the inferences be drawn agree able to the dictates of candor and im partiality. Were Duncan G. Campbell and James Merriivether, instructed by the President to treat for lxnds with Mclntosh and his parly, or were they sent to the Creek Nation at the head of which were the Little Prince and the Big Warrior ! Were not the Commissioners at Broken Arrow met by it vast body of Chiefs and there told, the Nation had no laud to sell f Was it right after the sense of the nation was thus given to appoint a meeting within the jurisdiction of Georgia, and that at short notice ? Alter a meeting was so convened ■and the authorized Chiefs dissented and invited the Commissioners with in the nation if they laid any commit ment iolis to make, to treat with the nation, was it reasonable to hold in tercourse with unauthorized individ uals 1 After tHo Chiefs of the Nation were recalled and obeyed the sum mons, if they were Chiefs of low grade as the Commissioners say, what object had they in sending the indeiatigable Col. Williamson to “ pursue and try to induce them to come back ? When all were gone exepet Mcln tosh and his party, what right had the Commissioners to pronounce the Council to be a legal one, and the soil still represented—and could such a delegation make it a lawful coun cil 1 If Mclntosh and hi* parly were the reigning authoritity of the nation, and he an idol ol the nation, why did the Commissioners promise him pro tection in the Treaty ? If a loaded gun was not in the cor ner and a rope suspended over Mc- Intosh’s head, and if this law was un known to tho Georgians, why did Gov. Troup for purposes of intimida tion send his aid Col. Lamar to our Mead Chiefstotell us, that if we did any harm to Mclntosh or his triends he would pursue us for full satisfac tion, as it the same had beet! done to the people of Georgia ? Arc not all nations entitled to sup port and interpret their own laws and punish their own citizens agree able to those laws ? And had not the Creek nation a right to« xccute an outlaw, who like Mclntosh had rendered himself such, and would not the United States for a less offence hang a traitor ! Could the compact of 1802. be tween the I. States and Georgia spe cifying that the Indian title to lands should be extinguished on “ reason able and peaceable conditions” ex cuse an officer in departing from in structions to effect a treaty calcula ted to injure a nation ? Would such a treaty stand, made by a nobleman ol France or Britain, unauthorized either by a written or verbal power, and would it he insist ed upon as lawful, on the ground that he had once with others been invest ed with Diplomatick powers ? anti would it not be more consonant to the magnanimity ofa great nation to ren der justice to the weak than to op press them ? As the Creek Nation has refused to receive a dollar of the money stip ulated to be paid in that treaty, what excuse can the Congress of the Uni ted fetates make to itself in confirm ing a bargain which our nation ha not sanctioned and for which thev have not value received ? \\ e do not expect answers in de tail to the above questions, but it i our wish, that upon these principle- GEORGIA STATESMAN. Congress should decide. The lead ing principles of justice in all nations will leach all councils that to keep clear of error, to decide for the afflict ed nation, as they would wish to be treated in like circumstances. Our nation respectfully demand* the repeal of the Treaty of the In dian Springs in February last In doing this sufficient reasons art assigned, and none stonger to be found on earth than the fact that our nation in its legal capacity was not a party to the treaty ; and that they have refused to ratify a bargain cal culated to annihilate the happiness of our people In our first letters in the spirit of reconciliation andkyalty to the Uni ted States, we agreed to surrender all the lands East of (he Chattahoo chie river. This ought to convince the genera! government to that we are not incapable of reciprocating in proportion to our ability the liberal ity of the United States. Further concessions cannot be made, and after the reasons first as signed, more, you cannot well de mand. We now appeal to the mag nanimity of the United States.—We have travelled a long road to per forin this duty. It is ordain 1 by the Great Creator that we are so re duced as to he dependent on your power and mercy, and if in the huge ness of strength you determine io decide by power and not by right, wa shall return to our friends and live there until you take possession of the country. Then shall we beg bread from the whites, and live the life of vagabonds on the soil of our progenitors Wc shall not touch a cent of money fur our lands thus forc ed from our hands and not a drop of white man’s blood will we spill,— and as fast as we arc knocked in the head, the throats of our wives and children are cut, by the first lide of population that know no law, we wiil then afford the United States a spec tacle of emigration, which no hope may be to a country, prepared by the Great Spirit for the honest and un fortunate Indians. We remain your friends and brothers. Signed by the Hostile Creek Delegation. COPY. Washington, Ith Jan, 182 G Sir: Your letter of the 24th nit. addressed to the members of Con gress from Georgia, was duly receiv ed. An answci has been delayed by the absence ol’ some of the under signed from ths City, not that any difference of opinion among them would he anticipated, but under a convictfhn that*it was proper that their perfect agreement should not be left to conjecture. We learn with pleasure that the President is anxious to relieve the controversy with the Creeks from all difficulties, so far as Georgia is parti cularly concerned, and do not per mit ourselves to doubt Ids sincere wish to place the subject on a foot ing acceptable to the State we have the honor to represent, of which von give us assurance. It is in this spirit that we receive the expression of your desire to ascertain the wishes of Georgia on the question. Wheth er it is most advisable to refer the Treaty with the objections to its va lidity to Congress for their decision, or accepting anew basis of the Cha tahoochie as a boundary between that State and the Creeks, to resume a negociation with a hope that cer tain exceptionable conditions coupled with it by them, may be satisfactori ly modified. W hile we feel it to be our duty to state that we are without any ex press instructions on this subject, that we do not feel ourselves authori sed in the absence of such instruc tions to determine what are (he wish es of the State, on the interesting questions which you propose, anti that wc presume the President has received a distinct expression of those wishes in relation to the Treaty at the Indian Springs from the con stitutional organs of the State sove reignty, wc do not wish to withhold from the Chief Magistrate of the Union a frank avowal of our opinions on the interesting subjects of your enquiry. It is our duty then to state, that in our judgment, neither branch of the alternative which you propose will meet the wishes' of the State of Georgia, or comport with the obli gations of the Executive of (he U nited States to a member of (he Un ion. The State wc believe does not and cannot suppose that Congress will entertain a question concerning the original validity of a Treaty rati fied and promulgated by the proper Departments with all the solemnities required by the Constitution, to which no objections are now urged u hich w ere not distinctly presented to the President prior to its submission to the Senate, and by him as distinct ly brought to the view of that body, when asking their advice and consent to the ratification ot that instrument. It looks, wo think with a confidence yet undiminished to the complete ex ecution, within the time specified in the compact, of the Treaty in ques tion, and to immediate arrangements for the removal of (bo Cherokee It: dians—and our firm conviction is, that the State of Georgia do; s not and* cannot admit the right of the General Government to rede aivav any portion ot its soil for permanent ! or temporary occupation to the Creek or any other Indian Tribe. We are equally assured that the complete ex tinguishment cf the Indian title to all the lands within the limits,of Geor-> gia, a measure at all times interest ing to her citizens, has now under the pressure of the circumstances which have grown out of this contro versy come to be considered by them as vitally connected with their safety, and with the preservation of the rights of tho State as a member of this Union. The undersigned feel themselves constrained to make an additional suggestion. They trust it will not be considered inconsistent with the most perfect respect to the Chief Magistrate of the Union. In their judgment, the State of Georgia all other considerations apart, will not and cannot acquiesce in any discus sion of the validity of the Treaty in question, on such evidence as that by w hich it has been assailed. Re sident near the scene of this contro versy, and deeply interested in its re uß, her citizens and her public func tionaries have been attentive obser vers of the process by which it lias been conducted. They know and they feel that this evidence has been obtained by means totally adverse to and inconsistent with the just views of the President of the United States, because adverse to and inconsistent with the ascertainment of truth.— They know and they feel that the Indian Agent, profiting by the ex citement of feeling, into which the Special Agent of the Government had unhappily fallen, lias unduly ex erted tlie inlluence of his station to obtain from persons for the most part subject to his control, a stamement of r ; rcunistances which have no foun dation in fact and from those untu tored savages who were committed to his protection, an expression of feelings which the great body of the nation do not entertain They know and feel that to lift the veil from this transaction to exppse its real charac ter to the President of the United States, it is only necessary that that influence should be withdrawn.— 'They still hope that the earnest w ishes of a faithful member of the American confederacy will not be urged in vain before the Chiet Exe cutive Magistrate, and with this knowledge, this feeling and this hope, they cannot permit themselves to be lieve that the President wit! ultimate ly adopt either branch of the alter native which you propose. On the contrary they rtffy that with a just respect to the rights of the State, and a paternal regard to the wishes and feeling of her people, he will by the rccal of this officer remove the whole source of this unhappy con troversy, give to Georgia, peace throughout her borders, and tran quility and happiness to the children of the forest. Signed by all the Georgia Delega tion in Congress. It was anticipated tlint the New Treaty, which, it is understood, has been formed with the Creek Indians, would have been sent into the Sen ate yesterday, but no Message was received from the Executive, and of course the Treaty could not have been received.— J\ett. lnt. MESSAGE. Os Goveonor Murphy, to the Legisla ture of Alabama. Gentlemen : The present communication I make reluctantly, but from a sense of duty. 1 have for some time past, during your present session, revolved in my mint], the propriety ot bringing to your view, the concern which we have in the proceedings on the late Indian treaty by which the state of Georgia and' this State, acquired ter ritory from the Creek Nation of In dians ; the state of Georgia, the pro perty and jurisdiction of the soil, Ihis state the jurisdiction only I have been fully sensible that it would re quire peculiar moderation, magnani mity and reflection, either to assert or prosecute ottr rights, so as to avoid any unjust animadversions on the one hand, or charges af undue regard to self-interest on the other. The excitement,which has elsewhere been felt, and which gave so much concern to the friends of the peace and harmony of the Union, and an unwillingness to appear upon the same troubled scene, gave monitions not lightly to be disregarded, that the subject should not be touched, with out \ ery justifiable necessity. The treaty has been, and still is' before the public ; and should we prosecute the concern wLich we have in it, with moderation and liberality, becoming an anlightened and generous people, we shall acquit ourselves to the sat lsfaction ofthose in whose service w e are, and stand justified and respect ed in the opinion of the other mem bers of the confederation.—This treaty is alleged not to have been negociated in good faith, and al though duly ratified by the compe tent authorities, to be avoidable on account of fraud in the means by which it was obtained. With this question we have of course very little to do , we were not parties in in the transaction, and are not constituted the judges of it ; this is ett to other powers, in which our high confidence may remain unim paired but should the treatv have been nagociated, in a manner as to entitle it to the ordinary force and obligation of such compacts, this State has acquired rights under it, which neither the people ofthi- State, or our brethen ol the l nited States, would expect or wish us to abandon —should this treaty have been en tered into in such manner as other Indian Treaties, which have been sanctioned and continued of force, no refinements hitherto unpractised ought tooperate to our prejudice, and deprive us of the rights of our char tered limits, guaranted by the con federation; the right, which in fact, in volves population, revenue, strength and respectability in the scale of the Union. We have every reason to confide that nothing will he done de rogatory to the justice and magna nimity of the United States, or inju rious to the interests of this, or any other State, which can be avoided by much careful deliberation, or which lies beyond the reach of ur gent-necessity. There are, however, a combination of circumstances, a calculation of policy, an adjustment of benilic nt purposes, a reconcile ment of principles which may seem toconflict, which give tothis question a novel character, and present it in an aspect altogether peculiar. It in volves the rights and interests of States, the justice due to the aborig inal population, and the measures by which the munificence, of the Gt n eral Government, may he most effec tually and beneficially extended to them. We arc rapidly approaching to a crisis in our affairs with a por tion of the natives of the country ; and it is high time to devise and to reduce to system, a just and well judging humanity, by which the fu ture conduct of the United States towards them will he regulated.— When chart red limits were assigned to the several States having Indian population, it docs not seem to have entered into the contemplation of any one, that they would remain there fixed and permanent. .Such had not been the experience ; they had continually retired from our set tlements, or had wasted away in (he midst of us, without any valuable improvement in mind or morals.— The Indians of the North and South, many nations of renown in their time, either became extinct; or wandered in scattered remnants, to take shel ter with tribes which we had not yet approached, losing their name and tra dition of their former pride and pow er. Under this experience, the States have been led to expect the speedy possession of their limits, and have gone on to make their local arrange ments with reference to this desired consumalion. What Wien can be done to justify the aspiring expecta tion's of the States, and deliver the Indians from the consequences, hith erto fatal, which have resulted from a proximity to our population?—Gl are we to suppose that the results in future will be different from the past ? Or is it established, that any benefi cent purpose which does honor to the General Government, may he carried into effect, in such a situa tion, to a greater extent, or with more facility, than in others which it is convenient to provide ? These questions deserve a careful solution —and with this view, it will be ne cessary to ascertain, from what cause it has always been seen, that they rapidly decrease in the vicinity of civilized society. It is no doubt by the introduction of our vices, which are soon embraced, and have a strong and unresisted attraction, because the slow progress of morals and civi lization among them, as unable to oppose any effectual restraint.—To civilize a people from a rude and barbarous condition, they should be removed from the influence of the vices and luxuries which prevail in civilized life, and subjected to that discipline and instruction, by which a change of life, manners, and men tal improvement, is gradually pro duced. The virtues must ho culti vated and the mind strengthened against the seductions of vicious gra tification. Such is the natural order of things, and experience only con firms what theory might justly pre dicate on a current knowledge of human nature. Such has been the evidence of history; for the Provin ces farther removed from the vices, refinements and luxuries of Rome, hut subjected to its laws, and in structed by its arts, made the most solid, ii not the most immediate pro gress in civilization. This necessa- ry course cannot be pursued with the Indians whilst they remain with in our limits; they have continual access to whatever tends to corrupt them; they have constant testimony t hat their condition is regarded as infe rior to others, than which, nothing is more destructive to virtuous pnde and generous emulation ; and the abandoned part of our people, who alone can mingle feeling with the na tion; as a body, without loosing their standing in society, will introduce our vices and prevent the introduc tion of our virtues, by which alone the deleterious effects of vice might be mitigated —We may, therefore, expect, as has been the case in all ther instances, to see the rapid pro gress of the nation to extinction; destroyed by our example which they will soonest imitate, and preyed upon by those among themselves, who attain to greater improvement of mind, and especially learn to bet ter effect the art* and the cunning. b, [February, 14, which self-interest, uninfluenced by the correct influences of a higher or der in society, appropriates to self, the rights and benefits to which others are entitled. What then is to be done for this people, who had priority of us in tlie occupation of this favoured land ? Must then the increase of our population, and the progress of improvement among us, continue to blot out their names from the catalogue of nations, and leave only faint traces of history that they ever had an existence ! We should provide living monuments to shew ‘the liberality of ottr institutions to wards the natives, ami proudly boast of nations rescued from barbarism by our means, and exalted lrom so low an estate, to the high standing and happiness of enlightened com munities. This, it would seem, can only be done, subdivided and circum scribed as the Indian nations among us now are, b) establishing them within limits of their own, guaranteed by the General Government; and by extending to them the protection of our arms, the patronage of our pow er, the benefits of learning, the knowl edge of agriculture and the arts— and the humane influence of religion. In such a situation they might be come gradually subjected to our laws, and indeed a change of their civil institutions may he absolutely necessary to their speedy civiliza tion, or at least, to facilitate its pro gress. In limits of their.own, they would be freed from the restlessness, agitation, anti-uncertainty, which at tend their present condition They mu-t suppose they are at the mercy of superior power; that they oppose obstacles to the wishes of their neighbors; and that their situation is quite different, in point of right and stability, from that of the white population around them. It would be well to remove these impressions which must operate to their preju dice, and place them on a footing, in tint respect, with the people of the United States. I agree entirely with the just and liberal views of my pre decessor in office, on this subject, that the I nited States should assume a parental guardianship over them, and thus extend their beneficence, in such manner as best to promote the welfare of the Indians. The United States can loose nothing by the exercise of this care and hu manity towards them; they them selves will turni-h the means, accor ding to the liberal policy which re cognizes their right to the lands they occupy. The lands which they wiil relinquish within the chartered limits ol the States, will sell for an amount which will reimburse the Treasury, and afford an excess which ought to satisfy any reasonable expectation, lrom the national domain. To con tinue them where they are, to the great detriment of the several states, until they become extinguished, and thus surrender the whole of their lands, (which in effect it is believed would he the final result of such a measure) would neither comport with the justice, generosity, or hu manity, ol a liberal and Christian people. The vast unoccupied re gions, within the limits of the United Matos, afford every desirable facility for the accomplishment cf this pur pose. The Indians should not be located within the limits of any state or territory, tl it can he avoided, so that the recurrence of similar diffi cult} may he prevented in future. Eot the Indians, a wandering, and hitherto, unsettled portion of our species, acquire, under the auspices ot the I.nited States, a fixed and per roinent habitation. This obvious policy has not been overlooked in our national councils ; and it would seem that t lie present moment is very propitious for the commencement of H;c systems which may hereafter be preaicated upon it. The United States can loose nothing by us, even should wc ask, that a just provision, it practicable, be made for the In dians, which will lean to the extin guishment of their title within our limits, at least to the extent of the treaty; and that il the Indians re ceived too little consideration under it, tor the lands which they relin quished, that the consideration he made ample and sufficient; and that tnc treaty be sustained, if this be the ground of complaint. We ask no violation of justice or humanity iut to the Indians ; we sincerely wish, and would be glad to contribute .o their improvement and happiness, but we have interests too ; anti if here may he, by a well matured sys tem, a due attention to our interest and theirs we have a claim which will not be denied. [ have onlv touched upon the outlines of this subject, being engaged in oiher du ties, and especially waiting for more precise information—and vet inu.-t claim your indulgence for the leno-tb. as well as imperfection of the pre sent communication. Mv main ob ject however, will be easily seen which is to invite your attention, to make such representation to the Government of the United States as ! h,s subject, in all its various bear ings, may seem to your wisdom to require. Ihe temperate expression of our opinions and views, will bo kindly received by the national au thorities, of whose justice an.l liber ality we have had constant experi ence. I have the honor to be, very res pectfully, your most obedient, &r. JOHN MURPHY