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2 sides to this question between Geor gia and the United States ; and he would tell the Gentleman firoin Georgia that there existed two opiu ons also, not only on that question, rut on the conduct which that gen leman had designated as “ base and infamous.” This, Mr. W said, was strong lan guage, but it was not argument. The gentleman had told the House that nothing had prevented every thing going right in Georgia but the in terference of the General Govern ment. The gentleman denounced such interference, saying, in effect, " hands c>ft' for the present ; leave the Indians to the remedy of the Courts.” Hut, Mr. W. said, he would tell that gentleman, that if here were rights of the Indians, which the United Stales were bound o protect, that there were those in his House, and in the country, who would take their part. If wc have bound ourselves by any treaty to do certain things, vre must fulfil such obligation High words will not terrify us—loud declaimation will not deter us from the discharge of that duty. For myself, said Mr VV. the right of the parties in this ques tion shall be fuily and fairly examin ed, and none of them with more calmness than the rights of Georgia. In my own course in this matter, l shall not be dictated to by any State, or the Representative of any Stat<- on this floor. I shall not be fright ened from my purpose, nor will I suffer harsh langiiHgo to produce any re-action on my mind. I will exam ine with great and equal care all the rights of both parties. Occasion had been taken on the mere question of reference of this communication, ho would not say for argument, but for the assumption of a position, as a matter perfectly plain and indisputa ble, that the Government had been all in the wrong in this question, and Georgia all in the right. For his own part,'Air. W. said, he did not care wha||ta|tiK communication did or did nm^F to a Committee of the Whole on the stale of the Union, nor how soon it went there, and was there taken up for discussion.— When he went into that Committee he should go there, not in a spirit of j controversy, nor yet in a spirit of I submission, but in a spirit of inquiry, | calmly and deliberately to examine the circumstances of the case, and to investigate the rights of all par ties concerned. Hut he had made these few remarks, to give the gen tleman from Georgia to understand that it was not by bold denunciation, or by bold assumption, that the roem b rs of this House are to be influen ced in the decision of high pubile concerns. V Mr. Haile expressed a hope that the communication would go to a committee of the Whole. All the States, situated us Georgia was, claimed the sovereignty over the whole extent of their chartered limits. They had forborne as long as they could, and the future destinies of the Indians, their future location and civilization, or their final extinc tion. must soon be decided on.— Three great questions were involv ed ; Ist, the powers of the General Government within the limits of a State : 2d, the power of the States to legislate within their own char tered limits ; and 3dly, the power of the States over the Indian tribes. His. State might, ere this have ex tended ils legislation over the In dians within its territory If it had no right to do so, this House ought at once to say so. lie hoped the whole matter would be heard and soiled ; for should Congress adjourn without settling it, consequences were likely to ensue, of great in terest to many of the States. Mr. Webster rose to make one remark in reply to'the gentleman from Mississippi. That gentleman lie said, had reason to know that he (Mr. W.) was disposed to use all prop r authority of the United States to extinguish Indian titles to lands within the States. But he must tell the gentleman from Mississippi that the States would kcT on their own responsibility and at their own peril, if they undertake to extend their legislation to lands where the Indian title had not been extinguished. If any such measure was contemplated in the state which the gentleman repre i-tiled, Mr. W'. hoped that gen tleman would loose no time in warn ing his friei ds against making any such attempt. Tho relation which the United States held to these tribes, ot parental guaruiauship over these remnants ol mighty nations, row no more, was a very delicate relation. Mr. Bartlett snid, that hc had not risen for the purpose of entering on the general subject, but nierelv to suggest to the gentleman from Geor gia whether it would not be better to refer the communication to one of the Committees of the House. Be fore any thing like a correct decision could be had, many facts must be in quired into; aud it would facilitate the debate and the decision, if these facts should previously be ascertain ed aiH reported to the liaise by one ol its Committees. Should the subject go into Committee of the YVliole, before this was do#e, much room would be left for declaimation, mad much time probably wasted, '•hich might otherwise be saved.— He should suppose the Connnittlee on the Judiciary would be a very ] proper reference. Air. Wright said, that with the! very imperfect understanding which the House now possessed of the pa per to be referred, they were not in circumstances to decide whether the case was such »s required legislation or not. Even the present discussion he considered premature; and, with! a view that every member might ob tain a right understanding of what the communication was, he moved to lay.it on the table, and to print it. This motion prevailed; and it was laid upon the table accordingly. A few days after, The following Message was received from the President of the United‘Stales, by his Private Secreta/y: To the Senate and House of Repre sentatives of the United States: Washington, Bth Feb. 1827. I Communicate to Congress co pies of a letter from the Governor of the ijtate of Georgia, received since my Message ofth sth inst. and of enclosures received with it, further confirmative of the facts stated in that Message. JOHN' QUINCY ADAMS. Executive Department, Georgia. Milledgsville, 27 the January, 1827. Sip.: —As the Officers of Georgia engaged in the execution of their duties near to its Western bounda ry, by order of the Legislative and Executive authority of the State, have suffered frequent interruption from the Indians of the Creek Na tion, accompanied l>y indignities and insults sufficiently Jggravntcd, and are still threatened with others of more violent and outrageous char acter; and. as there is reason to be lieve that your Agent of Indian at-, fairs is the prime mover and instiga-; tor of the sumo, I have deemed it j porper to lay before you the enclos- j ed papers in support of that belief j and to ask the favor ofyo'vto inform j me if that officer is so acting by vour ' authority, or with your sanction and ' countenance. It may be thought] painful enough that the United I States, whose undoubted right it is, j shall enter into controversy with | Georgia on the validity of Treaties, * and the lawfulness of boundaries, ] trespasses committed cn the one j side, or right of sovereignty viola- ] ted on the other with the remedial or redressive measures demanded b;* either. It is not to be presumed that the President would transfer the sover eign attributes to a subaltern Agent, much less that he would delegate th m for the annoyance of the Peo ple of Georgia, for insult to their public functionaries, for invasion of their territorial rights, and finally for bloodshed. If these powers have been insol ently assumed by such subaltern, for such purposes, it is not for the Gov ernor of Georgia to -dictate to the President the measures which ought to follow, as well in vindication of the honor of the United States, as in re paration of the wrongs doue to Geor gia. The President is competent to judge them, and the Governor dodbts not his willingness to judge them rightly. With great consideration and re spect, G. M. TROUP. Tho President of the United States. Cop if of a Letter from Wiley Williams t(J (lOi/. i /’GitjJ. 11th District, Carol County, January 22d, 1827. Sir.:—l did flatter myself that 1 should have been able to complete my survey without troubling you, or being troubled by the Indians, bnt in this 1 have been deceived. Eight or ten lusty follows rode up to my camp last nigh, with a letter written by Crowell, and signed by several Chiefs, and ordered me to desist from surveying the land on the West side ofthe new treaty line. Mr Rogers who surveys the 9th District, and who will be the bearer oi this, was broken up by them yesterday.- You will know best what measure to pursue in regard to the affair, but if the survey proceeds, a protection must be afforded us, and that must be sufficient to protect the whole frontier line from the intersection of the Cherokee line with the State line, to Miller’s Bend. There is a bout one-forth of my District that lies YVest of Bright’s line, and I yes terday completed my meridian lines through it. I shall to-day commence my transverse lines, but, after ma ture reflection, I cannot feel myself safe in crossing Bright’e line at pie sent, but shall proceed to survey that part which lies East of the line, and when I am dono, I shall make the attempt to survey the balance. 1 hope by that time, however, a suf ficient protection will be afforded.— Mr. Rogers can better inform you than I can by writing. Yours, respectfully, WILEY WIILIAMS. Creek Nation, Jan. 12th, 1827. j To the Surveyors, running the land j li est of the line ofihe late Treaty. Gentlemen: Wc. the unde signed Chiefs and Head Men of the Creek Nation, having leurut witi> great regret, that you arc engaged in »wvf jrtng tho lands YVest of fbp GEORGIA STATESMAN, MONDAY, FEBRUARY *26, .1827. line of the late Treaty, which was not ceded by that Treaty, we have again to request and demand ot you in the most friendly terms, that you will desist from streetfcasg a chain over any of our.kinds, not ceded by the said Treaty; hc flat tered ourselves, and we had a right to believe, the stipulations of that Treaty would have been friendly ob served by all parties concerned, aud that our formftr differences with our neighbors, the Georgians, wou'4 have been finally settled, and that wc would, in future, live in tho strictest friendship in all our intercourse. — W e are determined, on our part, not to do an act that can Le calculated to give offence, but are right, and we 1 hope they will be respicted. We are your firier.ds. Signed by Little Prince, Gakfusky Yoholo, Sparner Tustnngg Hnigfc, Easticharco Chopco, Wicas Horgc, Coche Hodgo, Charchus Rlicoe.' Copy of a letterfrom James A. Rogers, District Surveyor, to Gov'. Troup, January 23. 1C27. His Excellency Gov Tnocp. Sin:—Enclosed, you will find a copy of an instrument of writing, which was handed to me by a parcel of Indians on the 21st inst. arid, af ter I read the letter, they demanded of me my compass, which I had to surrender to them, but after a few minutes they agreed to give me back my compass, and would come with me over the new Treaty line,, which they did. and threatened r»C very severe if I should be caught over Bright’s line again a surveying. I have come on to M’lntoabs old ! place, and havestopt my hands un til I hear from you. If you intend to give me assistance, I hope you will take the earliest measure to get it to me, as provision . j scarce raid my hands uneasy to go home. ■* -ft? to the number of men it will take to guard me I a:n unable to say—- my situation is this: There is" tkree settlements &•' Indians in ray District that have in them about ten men, and in two miles, on the Alabai§p side, there- .3 a largo town that I am told have from forty to fifty warriors in it, which is to be placed on the new Treaty line as spies, and pre vent the land Irom being surveyed; and as for further information, I will refer you to Major Pauamorc, the fearer of this express, and who was With tnc when the Indians ..stop! me. Yours, fcc. JAMES A. ROGERS, D. S. Geo. M. Troup, Gov. of Georgia. The message and papers were read, and referred to the Select Committee to which was referred the message of the sth instant. 1 " Tlisse references being disposed, cf after wards in tha course of the same day,. Air. FORSYTH asked loavo to lay on the table the followin resolu tion; “JOINT RESOLUTION to in demnity the Creek Indians for the land lying between the Chafhhod chie River, and the dividing line between Georgia and Alabama, Resolved by the Senate and House oj Representatives of the United States oj America in Congress assembled, That the sum of dollars, to be paid out of any money in the Treas ury, nut otherwise appropriated, be,' under the direction of the President of the United States, distributed among the Creek Indians, as a fall ' on, or in any other manner use, the strip of land lying between the Chat ahoochie River and the dividing fine between the State of Georgia and Alabama, which said land is to be subject to the undisturbed occupa tion of the citiz eris of Georgia, iiiuier the laws of that State. 0 The CHAIR decided that the resolution was not now in order, un less received by unanimous con sent. Mr. FORSYTII thought that tls 43d rule of order allowed its presen tation by special leave. 'I ho SPEAKER rt plied, that this was not the rule which regulateSTHe morning business of the House; ami pronounced the motion out of or der. From this decission, Mr. FOR SYTH appealed; but after some ex planation it appeared that the C H Al|l had misunderstood Mr. FORSYTH as moving the lesolution, instead cf which he had only asked leave to offer it. This latter was declared to be in order; and the question being put, leave was granted, and the resolu tion was received, and laid upon, the table until to-morrow. Tlie foregoing Message from Qj« President and accompaning documents from fiowrusc Troup, being read in th* House. Mr. FORSYTH moved to lay the Message upon the table, but after wards withdrew his motion; when Mr. EVERETT moved its rtdbf ence to the Committee on thi> Judi ciary. Air. FORSY TH moved that it be referred to a Committee of the Whole on the state of the Ustioo Mr. Y\ JCKLIFFE said, he offer e<l with both the gontlemoii; from Massachusetts, Mr. (LvcrtU,) and liie gentleman from Georgia, Mr [Forsyth,) as to the propriety cf the ■ by th m. Jlq was •igamst the reference of this guoioet |to either of the Committees propos jed. And before he submitted the motion hc intended to make, he would, under the indulgence of the House, assign briefly the reasons which influenced his judgment. The question grows out of the supposed existence and validity of two treaties, heretofore made under all the sanctions of the constituted authorities of the United States, which treaties are at variance with each other. By the compact made with Georgia and the United States, many years ago, the United States are bound to extinguish the Indian title to all th lands within the State of Georgia. In fulfilment of this ob ligation on the part of the United Stales, Commissioners were ap ! pointed by the President to negotiate la treaty with the Creek Indians.— I A treaty was entered into between ! the United States and the Creek In jslians, in Febuary, 1825, at the In i dian Springs, by which, among other things, the Indian tit le to all the iand within the State of Georgia, was released to-that State; this trea ty was ratified by the Senate of the United States. The Creek Nation of Indians, or, I should say, a por tion of the Headmen nd Chiefs oi that Nation, objected to this Treaty as not having been made and agreed io bv a majority of the Warriors and Chiefs of the tribe. I need riot de tain the House by a detail of the con sequences which ensued. 'They are familiar to the House, and to the Na tion. To quiet this difficulty—as wo all Relieved and hoped—last Winter, during the Session of Con gress, another Treaty was entered into bctiveen the Creek Nation and the United States, by which it is de clared, that the Treaty ofthe Indian Springs shall be annulled and set aside; and anew stipulation as to the boundary of cession and guaran tee, was defined. A part of the land which was ceded to Georgia by the first Treaty, is, by the provisions of the second, reserved to the Indians. Georgia contends that, by the Trea ty ofthe Indian Springs, all the lands within her limits became vested in the State; and that the second Trea ty, so far as it pretends to divest that right, and guarantee it to the Indians, is void as to her This, I believe, is the true state ofthe ques tion Georgia has directed the survey ing of the kind. The President con tends that the act ofthe Legislature of Georgia is a violation of the Con stitution, and the supreme law of the land; and that the entry of the Sur veyors of Georgia upon the Indian reservation h a violation ofthe act of Congress; and be has consequent ly ordered the arrest and trial of the •Surveyors. Against this course I hope—l cannot believe otherwise— Georgia will not protest. It is a Judicial question; it has been refer red by the President ofthat tribunal; and why should ire be called upon to mingle m the excitement and feel ings to which this delicate subject must,give rise, if discussed in (his House, now or at any other time. I am extremely anxious, at (his late period ofthe session, to avoid the discussion; angry, as l fear it will be, if this delicate question, is to bo considered. Under this view cf the subject, and with a hope the House will acquiesce in the course, I move you the subject lie upon the table .Mr. W. withdrew his motion, however, at the instance of Air. OWEN, hut as lie said, with a de ’.oru);.' *ti :> to renew it. Air. OWEN said that he had no! risen to enter into any discussion of the general question, but to say. that hc could not precoive any reason for the reference of this communication to the Committee on the Judiciary. He thought the appropriate refer ence would be to a. Select Commit* ree. Indeed, he thought it was not proper to refer it to any one of the standing Committees of the House. Air. BUCHANAN said, hc regrot ed that the gentleman from Ken tucky (Mr. WicklirTe) had withdrew iris motion to lay the message of the President upon the table. He be lieved much greater importance had bsen attached to tho subject, than fairly belonged to it. In his opinion it involved no question of civil war— nothing which ought to alarm the imagination of the most timid. He thought the subject should he laid upon the table, or referred to a Com mittee of the whole on the State of tho Union, where he hoped it might sleep. Georgia possesses th un questionable right of having this question determined before the Ju dicial Tribunals efthe Country. In this state of the controversy, the President of the United States has pursued the proper course —the course which the Constitu tion and laws of this country clear ■ly prescribed. He has directed the (surveyors of Georgia to bo arrested .and to bo brought before a Judicial ..Tribunal lor trial. Upon this trial the, respective claims of the United States and of Georgia will be fully au l fairly investigated, and their rights wd! be determined. H there a title of testimony before this Mouse tending to prove that Georgia will not submit peaceably to tile judgment of the Court, what ever it nay be? It would be doing injustice to that State, for a mo ment Mi a uprose that she would not yield obedience to the laws of the Country. * [Mr. E. had not then seen Governor Troup’s Proclamation.] I repeat that the President has my entire approbation so far as re spects the reference of this contro versy to the Judiciary. I am sorry it has been referred to any Commit tee in another body. It should have been left exclusively to the Courts of Justice. For the purpose of pre venting the angry discussion which would probably arise upon this sub ject, Mr. JB. said he would move to lay the message upon the ta ble. Mr WEBSTER observed, that the question before the House wa3 a mere question respecting Com mittees to which this communica tion was to be referred. He should confine his remarks to this question an 1 could not, therefore, without vi olating the proper order of debate, make any reply to the remarks which had (alien from the gentleman from Pennsylvania, on the genera! topics contained in the communication from the Executive. lie thought the communication ought to go to some Committee which might be competent to ascertain whether the whole mat ter was before the House, and whether any legislation would be necessary. He was not at alisolici tious to send it to any particular Committee; and certainly not to that Committee with which he was himself connected. As one ot that Committee, hc would say that they would neither seek the reference nor shun it if it were mape. But undoubtedly it ought to go to some Committee, more especially as there was a proposition upon* the Table which looked to legislation on the subject. This was the ordinary and usual course in relation to Execu tive communications and, Mr, W. said, hc saw no reason why this shouldhiot follow the usual routine. It is not my intention now to dis cuss the general question, or to go into an extended reply to the obser vations which have been-made up on it; but 1 am toll by the honora itble gentleman from Georgia Mr. (Forsyth) that the Courts are open, and that this question may be settled by a Judical Tribunal. This might have been a remarkably good argu ment to address to the Stale of Georgia before she took tho remedy into her own hands. It is anew mode of settling a Constitutional question, to seize the lands in dis pute, and send out tho Hancock troop of horse to defend the posses sion of them. But, at this stage of the affair, that appeal to the Courts, comes with rather an awkard grace. When a man advances a claim a gainst the lands ofhis neighbor, he makes his appeal to the law; but when he forcibly enters upon pos sessions of them, hc makes his ap peal to something different from the law. I [Here Mr. HAMILTON called the gentleman to order, and when called upon by the Chair to point out wherein Mr. WEBSTER was out of order, he explained himself as wishing to prevent any course of re mark which might tend to produce excitement. The CH AIR decicded that Mr. WEBSTER was in or der.] Mr. W. resumed: I have no in tention to produce excitement on this subject, hut 1 have my own opinions upon it. I believe them to be tenable, and, at a proper time, I shall net forbear to express them in this House. Mr. W. concluded by expressing his hope, that the matter would be allowed to take the usual course of reference to a Committee for examination. Mr. EVEItETT pbserved, that, as he had the honor to submit one of the motions now before the House, he fell it his duty to explain the rea sons why he had done so. In the first place, in reply to the gentleman from Kentucky, Mr. Wickliffc ) who thought we ought not to act at all on the subject while it was before the other branch of the Legislature, he would say, that there was one view of.it, in which it not only be come proper that the House also should act, but absolutely, necessary. There is now on our table, said Mr- E. a joint resolution, moved yester day by the member from Georgia, which goes directly to the subject matter oft he controversy, which re quires an act of legislation; an ap propriation of money to extinguish the Indian title to the land in dispute; and this act of the legislation must originate here. Sir, I hope the res olution will he adopted. The gen tleman from Georgia shall have my feeble aid in obtaining the appropri ation. lam willing to give five times, ten times, the value of the land, (which, in fact, is said to be oi no great worth.) to come to a pea ceable adjustment of so unpleasant a controversy. It is, then a proper subject of the legislative action of this House. As regards the particular refer ence. said Mr. E. I can, of course, have no strong feeling, nor any rea son pecular to myself, for referring one committee over another. The Judiciary Committee appeared to him lho proper Committee: for the subject seemed to turn on guest ionl - the validity and construction of] treaties of this Government, and the force and application of (ho laws #f ‘•o> TViM «•*Mo- rtn d the c r Volume 11. Georgia. Its importance is the very reason why I would refer it to its ap propriate Committee. An inter pretation of laws, a construction of treaties, and au investigation of facts connected with them, are wantedia a very important case. For that reason, I would resort to that one of the Committee of the House, whose peculiar duty it is to entertain such questions. Sit. it is an important, but not, I trust, an alarming subject; quite im portant enough to receive the prompt attention of the House, but not of a nature to excite apprehensions as to he result. Recent intimations have een received, (it is said) which hold out a hope of amicable adjust ment. Mr. HAMILTON said, that hc regretted that the gentleman from Kentucky (Mr Wickliffe ) had with drawn his motion, that the subject under consideration should, for tho present, lie cn the table The true state ofthe case is brief ly this: certain difficulties, growing out oi the construction of a treaty or treaties, which form the Supreme law oi the land, have ensued be tween Georgia and the General Gov [ eminent; these difficulties have ar | rived at such a state that they are I about to take that course which every one must most desire who val ues the peace ot (he country, to wit: to be placed in a train ofjudicial in vestigation and decision, by which whilst an important constitutional qu stion will be settled, justice may be dona to the parties, and the tran quility of the country preserved. In this state ofthe dispute, have we any thing to do with it? Docs the President call upon us to supply any now power to the Executive arm?— Ilas he called upon us to pass an” law to aid tho judicial authority of the country ? Has ho told us 'that war is to be made upon Georgia, and, therefore, the military resour ces ofthe country are to be organi zed an:’ placed at his disposal? No, sir: he has barely informed us. that he has directed the Surveyors actin" under the authority of the State of ueorgia to be arrested for trial, and has intimated that, ifshe resists the judicial power ofthe United State? he may have occasion to make ac other and a different appeal. lias Georgia resisted? Has this crisis arisen. [For the solution of this question, we would refer Mr. Hamilton to his Excellency';! late order to the 6th aud 7th Division of Geor gia Militia.] Sir, 1 think that there arc pecu liar reasons, why this subject should for the present lie on the table. Whilst he was opposed to a refer ence of this subject, at present, ton Committee of tho YVliole on tho State of the Union, he was Equally opposed to its special reference to the Committee on the Judiciary. lie had his own opinions aud his own feelings on the subject. And being fully of opinion, that the game that has been thrown into the House is not worth the candle I will move you, that the message and accompn nying documents lie on the table. Mr. HALL requested Mr. HAM ILTON to withdraw his motion, but Mr. 11. declined to do so. The question was then taken up laying the communication upon the table and decided in the negative, Yeas 72, Nays 84. Jtf Uiianj Claim of htorgia. —The committee on Military Adairs has reported in favor of the claims of Georgia on the United Slates for military services performed ia the years 1792 179:! and 1794, and offer ed the following resolution— Resolved, That an appropriation, sufficient to cover the claims of the citizen of Georgia, lor military ser vices, performed as before stated, ought to he made, and placed at the disposal of the Secretary of War, for the accomplishment ofthat end. Vice President. —On Wednesday l’< b. 14th the select committee ap pointed by the House of Represen tatives on the subject of the Vice- President, made a report which was ordered to lie on the table and to be printed.—ln the report the commit tee observe that there are no facts which will authorize the belief, or even suspicion, that the Vice-Presi dent was ever interested, or that ho participated, directly or indirectly, in the profits of any contract formed with the Government through t ho Department of War, while he was entrusted with the discharge ot iff duties, or at any other time. They arc also of opinion, that the conduct of Mr. Barbour, the present Secretary of War, in regard to the letter of E. Mix, is- not, in the slight est degree, deserving of censure. 'The accusation contained in the let ter was regarded by him an a base calumny upon the Vice President, penned by a man wholly unworthy c'. notice; and the Committee have no reason t<> believe that the supposed truth of that accusation was at au? time the basis cf any act of the War Department. The committee also remark that they place no reliance whatever O’ l the testimony of Elijah Mix. I* rorn the self-contradictions, apparent o' the face of his testimony, which it unnecessary here to recapitulate, *- side from the infamy attached to hi character, the committee were satis fied that hb ought not to be believed on his oath. Mr. Calhoun has resumed bis '- 1 : a.g President ofthe &ce"*v