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partying documents, were read.
On motion.
The said treaty was rend the sec
ond time, l»v unanimous consent, and
considered as in committee of the
whole.
On motion by Mr Benton.
Ordered, That it be retered to the
Committee on Indian Affairs,lo con
-ider and report thereon : and that
it be printed in confidence for the use
of the members.
Friday, March 17, 1826.
Mr. Benton, from the Committee
on Indian Affairs, made the follow-
ing report.
“ The Committee on Indian .Af
fairs, to which was refered the Presi
dent’s Message, of January 31, 1826
accompanied by the treaty made at
the City of Washington, on the 21th
of the same month, between the Sec
retary on the part of the United
States, and the Chiefs and Headmen
oft he Creek Nation, on tiie part ul
said nation, report —that they have
had the said message and treaty un
der consideration ; also, the me
morial anil resolution of the Le
gislature of Georgia, which was refer-,
ed to the committee by the order of
the Senate of the Bth day of Febru
ary last ; also, the message of the
Governor of the State of Alabama,
and the resolutions of the Legisla
ture of said State, which were, in
like manner referred to the commit
tee on the 7th day of the last men
tioned month, and reccommend the
adoption of the following resolu
tion.
“Resolved, That the Seriate do not
advise and consent to tire ratification
of the treaty made at Washington
the 24th of February, 1826, between
the Secretary of War, on the part of
the United States, and the Chiefs,
and Headman of the Creek nation,
on the part of said nation.”
The report was read.
Tuesday, March 21, 1826
Mr. Edwards submitted the fol
owing motion for consideration.
Resolved ‘ That the President be
requested to communicate to the
Senate such evidence as may he in
bis possession, tending to show that
the persons who signed the treaty of
the twelfth of February, one thou
sand eight hundred and twenty five,
on the part of the Creek nation, iiad
no sufficient authority to form trea-
make cessions of the lands of
that nation.
Friday March 31, 1826.
The following message was re
ceived from the President of the l -
nited JSlacts, by Mr. John Adams,
Jr.
To the Senate of the V. Staten.
Washington, March 31, 1826.
1 communicate to the Striate, here
with, a supplementary article to the
treaty with the Chiefs and Headmen
of the Creek nation in behalf ol that
nation, which was transmitted to the
Senate, on the 31st of January last ;
and which I submit, together with,
and as a part of that treaty, fpr the
constitutional advice and consent of
the Senate, with regard to its s*atifi
cation. A report of the Secretary
of War accompanies the article, set
ting forth the reasons for which it has
been concluded.
JOHN QUINCY ADAMS.
The tnes: age was read*
■The separate article, therein re
ferred to, was r ad twice, by unan
imous consent.
Ordered, that it be referred, with
the treaty communicated on the 31st
of January, to the committee on In
dian Affairs, and be printed in con
fidence for the use ofthe members.
Tueseay, April 4, 1826.
Mr. Benton, from the Committee
on Indian Affairs, to whom was re
lerred the treaty with the Creek In
dians, with the supplementary arti
cle thereto, reported the same with
out amendment.
The Senate proceeded to consider
the said treaty as in committee ofthe
whole ; and amendments being pro
posed by Mr. Berrien.
On motion.
The Senate adjourned.
Wednesday, April, 5, 1826.
The Senate resumed thfe consid
eration ofthe treaty with the Creek
Indians, with the amendments propo
sed thereto : and after debate,
On motion ofMr King,
The Senate adjourned.
Tt'ESDAV, April 6, 1826.
The S nate resumed the consid
eration ofthe treaty with the Creek
Indians, together with the amemt
meats proposed thereto : and. after
debate —
On motion by Mr. Berrien,
That it lie on the table.
It was determined in the affirma
tive—yeas 25 nays 14.
On motion of Mr. Branch.
The yeas and nays being desired
by one fifth of the Senators pres
ent—
Those who voted in the affirma
tive, are—
Messr*. Berrien, Chandler, Cobb,
Eaton, Harrison, Ilavue, Hendricks,
Johnston, of Lou. Kane,
King, Lloyd, Macon, Noble, Reed.
Rowan, Ruggles, Seymour, smith,
Tazewell, Thomas, Vanßuren, White
Williams, Woodbury.—2s.
Those who voted in the negative
are—
Messrs. Barton, Benton, Branch,
Chase, Clayton, Dickerson Edwards,
Findlay, Harper, Johnson, of Ky.
Marks. Robbins, Sanford, Willey.
_ 11
ing motion for consideration ; w hich
was read, and ordered to be printed
in confidence, for the use of the
members.
Resolved, That the Senate of the
United States, having had the trea
tv lately conclud' and with a Deputa
tion of the Creek Indians; now at the
scat of Government, together with
the treaty supplemental thereto, (un
der consideration) and being excee
dingly desirous that the difference
subsiting between the United States
and the Creek nation of Indian
should be amicably adjusted and
settled ;do advise and request the
President of the United States to
endeavor to conc'udc, with the Dep
utations here the following addition
al supplemental articles :
1-t. Soto arrange it as that tin
entire lands owned by the Creek
Nation of Indians, in the limits ol
Georgia, be ceded, absolutely and
certainly, agreeably to the terms o
cession by Georgia to the United
States on such further consideration
as may be deemed proper.
2d. That the sum of $ 30,000 for
each 1,000 persons of said Creek
Nation, be paid, who, within
months from the ratification of tin
treaty, shall signify their disposition
to Ihe Agent to emigrat to th<
West of the Mississippi, and who
shall, accordingly' carry said d< sien
into execution, within a reasonable
time thereafter.
3d. The United States to support
each of said emigrants for
month’s after their arrival at the
point ofdestination ; month,s no
tice of their intention to emigrate be
ing given to the United States,
through their Ag nt ; to pay for
supplies furnished the Mclntosh par
ty since the death of the General :
proper vouchers for the same being
produced ; and to give to each male
emigrant, over the age of sixteen
years, a rifle gun and ammunition,
butcher knife, and a camp kettl ,
and to pay for the value of all im
provements left by any emigrant,
which add to the real value of th
land, to he ascertained by a Com
missioner to be appointed by the
President.
1 4th. To stipulat 1 that the explo
ring partv, provided for in the treaty
shall be accompanied by an agent,
who shall be acceptable to them and
to he appointed by the President ;
and, after the return of said agent
herein provided for, and after his r -
port to the Secretary of War, ti e
President of the United States shall,
forthwith, grant to such agent a spe
cial commission, aurnnrTzing trim t
repair to the Creek Nation, the* it
open abook of registry, in whichshal
be inserted the names of all person
willing to emigrate to the count;,
which shall have been determine!
upon, of which due and public notice
shall be given throughout ali iln-
Creek Nation. The trends and fol
lower's of the l ate General M. Into®,
shall have free access to the several
towns, and to all parts of the Creek
Nation, under the protection of the
said special agent, for the purpoS'
of inducing their friends throughout
the Nation to join them in their emi
gration ; and all persons desirous of
emigrating, shall be at lull liberty to
do so, without hindrance or moles
tation from tiiose who remain ; and
the resident agent of the United
States shall be instructed to giv<
them all necessary aid; and th said
special agent shall accompany them
in their emigration.
sth. That the first article be modi
fied, so as to read, after “ twenty five
in the sixth line, “ Shall not be re
quired to be executed by either par
ty, farther than the same has been
already executed : And that am ui-
ties of two hundred doll trs per an
num be paid to each of the wives
and daught rs of the Indian Chief,
GcneAkl W illiam Mclntosh; to the
wife of Samuel Hawkins, a half breed
and ceased , and to the wife of the-
Indian Chief, Etomme Tustunnug
gee.
A motion was made by Mr. King,
that the Senate proceed to the con
sideration of the motion submitted
by Mr Edwards, ou the 2)st March,
in relation to the Creek Treaty.
Whereupon,
Mr. King submitted the following
motion for consideration :
Resolved, That the President cf
the United States be requested to
lay before the Senatethe treaty made
w ith the Creek Nation of Indians, on
the 12th day of February, 1825 ;
with such i vidence as may be in his
possession tending t 6 shew that the
s;:.l treaty was not signed by persons
competent to make a treaty, or that
it is not now binding on the parties,
or ought not to be carried into ef
fect
The Senate proceeded to consider
the motion;
On the question to agree there
to—
It was determined in the negative
—yeas 9. nays 26.
On motion by Mr. King,
The yeas and ays being desired
by one fifth ofthe Senators present.
Those who voted in the affirma
tive arc—
Messrs. Branch, Eaton, Edwards,
ifayne, Kane, King, Macon, Reed,
Smith.—9.
Those who voted in the negative’
ire—
Messrs. Barton. Benton, Berrien,
Buiiligny, Chandler, Chase, Cobb.
■ ■ K-M.ll:.; Hardsell
GEORGIA STATESMAN, TUESDAY JUNE, 27, 1826.
| Hendricks, Johnson, of Ky. Johnsot
oi Lou. Marks, Noble, Robbins, Row
an, Sanford, Seymour, Tazeweii
Thomas, Vanßuren, White Williams,
W ood bury.—26.
So the motion was not agreed to.
Friday, April 21, 1826.
The Senate resumed, as in Com
inittee oftbe Whole, the Treaty wi;
tlie Creek Indians, the supplement; -
ry article thereto, with the amend
ments proposed on the -Ith instant.
On motion of Mr. Berrien.
To strike out the Ist article, an l
insert the following: “ The execu
tion of the treaty concluded at the
Indian Springs, on the l2th day Ol
February, 1826, shall not be further
•nforced, arid the Creek Nation o
Indians are hereby re%a-ed from al
obligation to fulfil and execute the
sAine, further than the same has al
ready been executed”—
The question was put: Shall tin
first article stand part of the treaty ,
—viz :
“ That the treaty concluded at th
Indian Springs, on the twelfth da*
>f February, one tiiousaud eigOt hun
dred and twenty five, between CU.m
mi-siuners on the part of the Unite.
States, on the seventh day of Marc;
one thousard eight hundred am.
twenty five, is hereby declared to !
ull and void, to every intent arm
purpose whatsoever : and every rig
i id claim ari-ing Irom the same, .
hereby cancelled and surrendered.
And it was determin and in the afiii
mative, yeas 30, nays 8.
Those who voted in the affirma
tive, ar
Messrs. Barton, Belt, B. nton, Boutigny
Branch, Cba.nh :rs, Chandler, Chase, Clayton,
Dickers. ;., ’Salon, Edwards, Jcinui .j, Jo -
son, of Ky. Johnson, of Lou. h no, Knight
Lloyd, Marks, M.lls, R and, Robbins, iiun.n.
S imour, Smith, Tazewell, Thomas, Withy,
—3O
Thos. who voted in the negative
are
Messrs. Berrien, Colib, Harrison, King,
Macon, Van Boren, White, Williams—3
No amendment having been mads,
the President reported the treaty to
the Senate, accordingly.
Mr. Benton submitted the follow
ing resolution :
Resolved, (Two thirds of the Sen
ators present concurring therein)
That the Senate advise and const:;
to the ratification of the treaty b;
; ween the United States of Ark ri
and the Creek nation of Indians, co<
< luded at the City ol Washington, oi
h 24th day ol January, 1826.
The Senate proceeded toconsidei
tiie resolution
A motion was made by Mr. Whit
to amend the same, by adding, at tin
•nd thereof-, the following v.ord-
Provided, tb it an additional ortic
t * be executed between the Unit-*
States and tiie Friends amt folio>
ers ot the late General M’lntosh. i
ii.eir delegation now id the city
Washington, shall be • utered int
containing the toilow ing stipulation
by the United States, in favor of tii
said friends and followers of the late
General .VI Intosh:
1. That the sum of 30,000 dollm s
for each luOO persons oi said Creek
Nation, be paid, who, within
months from the ratification ofth
treaty, shall signify their disposition
to the Agent to emigrate to the wo
of the Mississippi, and who shall a<
cordingly carry said design into exe
cut ion, within a reasonable tiim
thereafter.
2. The United States to supper
each of said emigrants for
months after their arrival at the poi t
of destination; months Doth,
of’their intention to emigrate bein.
given to the United States throu*.
their agent; to pay f r supplies 1
mshed the M’lntosh party since i
death of thq General; prop r vou
er-- for the same being product >
and to give to each male emigrant,
over the age ol sixteen years, a r.fl
gun and amunition, butcher knile
and a camp kettle, and to pay for the
value of all improvements left by a
ny emigrant, which add to the real
value of the land, to he ascertained
by a commissioner to be appointed
by the President.
3d. To stipulate that the explor
ing party, provided for in the treaty,
shall be accompanied by an agent,
who shall be acceptable to them, ano
to be appointed bv the President ;
and after the return of said agent,
herein provided for, and after his re
port to the Secretary of War, th;
President ofthe United States sh; 11.
forthwith, grant to such agent asp.
cial commission, authorizing him t.
repair to the Creek nation, there h
open a book of registry, in whici
shall be inserted the names ol a;
persons willing to emigrate to tin
country which shall have been de
termined upon, of which due and
public notice shall be given through
out all the Creek nation. The
friends mid followers of the late gen
eral M'lntosh shall have free access
ito the several towns, and to all part>
of the Creek nation, under the pro
tection of the said special agent, for
the purpose of inducing their friends
throughout the nation to join them
in their emigration : and all persons
desirous of emigrating, shall be at
full liberty to do so, without hind
rance or molestation from those win.
remain ; and the resident agent oi
the United States shall be instructed
to give them all n< cessary aid; and
the special agent shall accompany
them in tin ir emigration.’'
On the question to agree there
to,
It >vu" determined in the negative,
eas 9, nays 25.
Those who voted in the affirma
tive, arc—
Messrs. Berrien, Cobb, Harrison,
Hay ne, King, Noble, Tazewell, White
nd Williams—9.
Those who voted in the negative
ire—
Messrs Barton, Bell, Benton, Bou
;:ny, Branch, Chambers, Chandler,
Chase, Clayton, Eaton, Edwards,
. ’.idlay, Harper, Hendricks, Johnson,
it Ky. Kane. Lloyd, M aeon, M arks,
Mills, Rowan, Seymour, Smith,
Thompson and V\ illey—2s
On the question to agre to the
resolution—
It was determined in the affirma
tive, yeas 30, nays 7.
Those who voted in the affirma
tive, are—
Messrs. Barton, Hell, Benton, Bou
b_ny. Branch, Chambers, Chandler,
Chase, Clayton, Dickson, Eaton, Ed
•v irds, Findlay, Harper, Harrison.
Hendricks, Johnson, Ky. Kane Flovd,
Marks, Mills,Noble,Randolph, Reed,
Rowan, Seymour, Smith, Tazeweii,
Phi mas, Willey—3o
Those who voted in the negative,
;ire—
Messrs Berrien, Cobb, Hay ne.
King, Macon, White, Williams—7.
Ordered, That tiie Secretary lay
be said resolution before the Presi
lent of the United States.
On motion by Mr. Cobb.
Ordered, That ttie injunction of
crecy be removed from the Prcsi
h. message of3l>t January,trans
.lifting a Treaty w ith the Creek In
i. the message of 31st March,
i ansmitting a supplementary article, I
tiie documents accompanying the!
ame; and the proceedings of the ;
Senate thereon : and that the Secre
tary be authorized to furnish any
Senator, or, application, with a copy
>1 the said proceedings.
Extracts from several of the Speeches deliv
ered before the Senate of the United States,
May 19th, on the Report of the Committee
of Conference, on the disagreeing vote of
the two Houses in regard to the appropria
tion bill for carrying into effect the Treaty
with the Creek Indians. The Report liav.
ing been read,
Mr Van Buren said the amond
■ tent proposed by the Senate holds
iie Secretary of War responsible for
•is money to these Indians, accor
ig to their ju-t rights. The amend
ment from the House supposes that \
may be effected, ami this money paid,
i open council of the chiefs, when
umtnoned in the usual way. The
conferees on the part of) the Senate
>e|ieved that measure would fall
iort of obtaining the desired end;
at the amendment if tin Hon e
id not go nr enough, but, undt r the
rcnmstances of the case, Congr >~s
: uld go farther, and see that the
ev was properly distributed.—
diiey ought to see that this mon-y
■ nt actually into the hands of the
Iferent Chiefs and Warriors—then,
t they chose to give it to the Cher -
•es, or to dispose of it in other w ay s,
ie United States would have,done
eir duty.
Vlr. V. B. said, in his judgment,
Hie character of the Goverrnn nt was
volved in this subject, and it would
require, und r the circumstances of
l his case, that they should take every
’ep they could rightfully take, to
xculpate themselves from having,
my degree or form, concurred in
.is fraud. The sentiment of the
Vmericun People where he resided
a as. and had been highly excited on
is subject—(hey had applauded in
he most ardent manner the zeal
•>. nifested by the Gov rnmont to
rve hem-elves pure in their
tiations with the Indians,* and,
iough he was satisfied—though he
Seemed it impossible lo sup; ose lor
• moment Jhat Government could
have countenanced the practice of
this fraud, yet there were circum
stances i.i this case which required
exculpation. Between the negotia
tion oft lie treaty and the negotiation
of ihc supplementary article on
which the treaty w as finally adopted,
dl these circumstances were com
municated to the Department of VV ai
by the two Cherokees Mr. V. B.
said it was not his purpose, because
the necessity ofthe case did not re
quire it, to say what the Secretary
of War ought to have done, or to
censure what he did do, when the
information was given to him. He
had known him many years, and
er< was not a more honest man, ora
in n more devot and tohiscountry than
tout gentleman was. Mr. V. B* said
t was not for him to have said what
hon'd have been the course of the
President of the United State, if th
information had been given to him
on the subject. It could not fail to
make a mortifying and most injurious
impressions on the minds of the Peo
ple of this country, to find that no
means whatever were taken for the
oppression of this fraud. There was,
and there ought to be, an excitement
on the subject in the public mind
The members ofthe Senate had seen
it. It had displayed itself strongly
tnd strikingly on the point oi tin
i ontroversy between Georgia, the U.
Stales, and the Creeks. The settle
ment oft hat controverey wasappHtud
. and from one end of t e Union to the
other. So far as the State of Geor
gia was concerned, she claimed that
the title to all the Indian lands with
in her limits, should be extinguished
by the United States, according to
the obligation of the cession of 1802.
This question had been settled—and
bow ? Every thing that had been
done, so tar as Georgia w as concern
ed, by the treaty ofthe Indian Springs
is believed to have been done by tins
treaty Every foot of land is believ
ed to have been ceded. It was the
understanding of the delegation ot
the State of Georgia that this treaty
extinguished the Indian title to all
the land.
Mr Berrien rose, and said it was
not the understanding ofthe Delega
tion of the State of Georgia, that
this treaty ceded all the land. That
tact had been stated to the Senate
by himself in his place In a certain
event it was rendered probable that
the lines to which the additional ar
ticle of the treaty extended would
embrace all the land, hut ccording
to th best information, it was hi
belief that the State of Georgia
would lose one million of acres by
the new treaty.
Mr. Van Buren resumed. It was
stated to tne Senate, when the treat ;
was under consideration, that the In
dians were willing and de-ign and to
c dc to Georgia all their lands. The
controversy had been settled —and
how ? According to this view of the
subject, every thing so far as the
State of Georgia was concerned, by
the treaty ofthe Indian Springs, had
been done .by this treaty, w ith the
single addition of a little more money
to be distributed among the chiels.
Mr V. B. said he had not a doubt in
his mind, that the same application,
of these same means might, at any
time, have settled the controversy.
What was the subject that produced
all this excitement? What was the
object ion to the treaty of the Indian
Springs? It was made by an insuffi
cient number of chiefs, and there was
reason to suspect that undue influ
ence had been exercised. That there
was not a sufiic ent number of chiefs,
was a matter of contestation: on the
subject of fraud, what were the evi
dences . On the face of the treaty,
the United States gave to M’lntosh
an unreasonable amount of compen
sation. That was the length and
breadth and depth ot till the allega
tions of fraud.
vlr. Harrison said, the proposition
of the House, not only comported
with the treaty, but it met the view
ofthe Senate; the only difference
between the two propositions was,
that the one directed that the distri
butions should he made in the usual
proportion to the chiefs anh warriors
—the other, that it should he made
in the presence of the chiefs and
warrior—in presence of the great
council Os tne nation. When tills
subject was first before the Senate,
and a confident ial communication was
made that such a fraud was in con
temp it ton, he was anxious that every
measure should he taken to obtain
justice. Mr. li. said he thought there
was no better wav than that of pay
ing the chiefs and wmrriors in pres
ence of the assembled nation. The
only error the Secretary of War had
committed, had arisen from his not
being acquainted with the usual man
ner of concluding Indian business.
Mr. H. said he regretted, after the
declar tion which the gentleman from
N. York, (Mr. Van Buren) had made
of his confidence in the integrity of
that officer, that he should say that
some stigma would remain on lit
Government, unless something should
be done to clear the Government of
that stigma. Mr H. could not con
ceive that such a tiling was neces
sary. The people of the U. States
would accord with the opiu on given
by the gentleman from New-York, in
relation to the character of that of
ficer, and the arrangement of this
affair; and though an error of judg
ment might be imputed to him, the
nation would determine that it was
an error of the head and not of the
heart. No better mode could be de
vised to do justice to the individuals
and to the Indian nation, than that
proposed by the other House.
Mr Benton said, that after the ex
planation of the views of the com
mittee of conference which had been
given by the Senator from N. York,
(Mr. Van Bun n) he would limit him
self to a statement of facts on two
or three points on which references
had been made to his personal know l
edge.
The Secretary of War had ref r
red to him in his letter to the Com
mittee, as knowing the fact that the
Secretary had refused to give private
gratuities to th° Creek Chiefs to pro
mote the success of the negotiation.
The reference was corr ct Mr. B.
had himself recommended to the Se
cretary to do so ; it was however a
bout forty days after the treaty had
been signed. He referred to a paper
which fixed the date to the 9th or
10th of March, and the treaty had
been signed in the month oi January
prec ding. It was done at the tim
that Mr. B. had offered his services
to pr. cure tlie supplemental article
to he adopted. The Secretary en
tirely condemned the practice of giv
ing these gratuities. Mr. B. said he
recommended it, as the only way of
treating with barbarians that if not
gratified in this way, the chiefs would
prolong the negotiation, at a great
daily expense to tlie Government,
until they got their gratuity in one
way or other, or defeated the treaty
altogether. He considered the prac
tice to lie sanctioned by the usage ol
the U. States; he believed it to be
j common in till barbarous nations, and
No. 28.
in many that were civilized, and re
ferred to the article in the Federal
Constitution against receiving “pre
sents" from foreign powers, as a proof
that the convention thought such a
restriction to be necessary, even a
rnong ourselves.
Mr. B. also adverted, in answer to
something which had been said in
previous debat s, to the part he had
acted in getting the supplemental ar
ticle adopted. What he had done
was with tlie knowledge and consent
ot - the Secretary It amounted to
nothing more than producing a con
viction in the minds of the Creeks
themselves, that it would not be ad
vantageous for them to hold any land
in Georgia ; this being accomplished
the consideration was left to be ad
justed by others. Not a word with
respect to its ainou t had passed be
tween Mr. B. and any one of the
Creeks or Cherokees. They agreed
upon the representation of Mr. B. to
give up all the lands claimed by the
Creeks in Georgia, but when they
come to reduce that agreement into
the form ol an article, a difficulty oc
curred ; the line between Georgia and
Alabama had never been ascertained;
and the Indians were unwilling to
agree to a line, the course and posi
tion of which wasunknowm to them,
and which was to be fixed by u pow
er over which they had no control,
and which might run, they knew not
how deep, into their country. They
were willing to agree to the line
where it was b. !i. ved to be : and ac
cordingly two points named by a part
of the delegation from Georgia, as
those which would include all the
land in Georgia, were agreed upon,
and inserted in the supplemental ar
ticle. Tt was intended to cede all;
it was believed that all was ceded:
the exact truth could not be known
until the line was ran. lie consid
ered (he unwillingness of the Indians
to an unknown line s natural and
reasonable, and if any mistake had
occurred, there was certainly no
blame on either party. The Indians
agreed to the points indicated by
gentlemen from Georgia, and these
gentlemen to his persona! knowledge
had expended great pains in consult
ing maps and in referring to the
knowledge of individuals to fix the
points correctly.
Mr. 11. had concurred in the report
against the now treaty, bccnusc it
divested Georgia of vested rights .
and. though objectionable in many
other respects, he was willing, for the
sake of peace, to ratify it, provided
the vested rights of Georgia were
not invaded. The supplemental ar
t trie had relieved him upon this point.
He thought that Georgia had no fur
ther cause of dissatisfaction with the
treaty; it was Alabama that was in
jured by the loss of some millions of
acres which she had acquired under
the treaty of 1825, and lost under
that of 1826. Her case commanded
his regrets aid sympathy. She had
lost the right of jurisdiction over a
considerable extent of territory ; and
tne advantages of settling, cultiva
ting, and taxing the same, were post
poned, but, he hoped, not indefin
itely.
They had, Mr. Tazewell said,
manifested more skill in diplomacy
than the United States. They had
completed their affairs more dexter
ously than we had ours ; and the time
was not far distant when this thing
would be disclosed to the work!, that
these two Cherokee boys sent here,
had completed a treaty on better
terms for the Creeks, and worse terms
for the United States, than all diplo
matic functioaries employed. Our
benevolence, our magnanimity, our
justice, and any other good quality
we might have, required that this
fund should be distributed amongst
them, according to what we consider
ed to be the principles of justice. —
The nation owned the land; the
money, therefore, must go to those
who owned the land
lie believed that within the De
partment of War’ there were at this
moment, documents to show that a
treaty, very different from that which
had boon conclud. and, might have
been concluded and far more to the
benefit ofthe United States. [!!!]
It had been bruited abroad Mr. T.
said, for many’months past, that this
treaty of the Indian Springs was
objected to, becaus it was negotiat
ed in fraud. Though the Senate
had not acted directly on that sugges
tion, that treaty had been dispensed
with without a particle of proot
•fraud.
Mr. Branch, of North Carolina,
•aid, that while he would concur with
the gentlemen from Nevv-York and
Virginia, in any measure to detect
fraud, he must dissent from the gen
tleman from Va. in the latter part oi
his observations. The gentleman
bad said that the first treaty had
been set aside without evidence ol
fraud. Mr. 15. said it was not his
purpose to enter into an investigation
ol this point; the reason why they
had not that evidence, was because
they refused to look at it; the evi
dence was most ample and abundant
in the Department of War; but the
Senate had shut their eyes on it-
That evidence was taken by men
high in the confidence of this country,
for integrity, talent, and firmness
evidence which he should not decan
upon, hut w liich was to his mind con
clusive. If any gentleman thought
proper to refuse a call on the Depart
ment for it, the fault was his Mr-