Newspaper Page Text
cf abia fate, r mounting to an admiffon
tliiat the fovcteiguty over the land*, at pre
iiu4 allotted to the Indians (or their hunting
within the limits of Georgia, be
longs to the United States in general, and
uOt to the iodifidual state of Georgia ; where
as this Houle conceive and alTcrt, that i»iC
laid tovcreignty solely appertains to the said
fate of Georgia. That the fame has never
bectl by any giant or compact, whatfoe'.er,
ctnVeyed away to,* ot deposited with the
Union; but on the conttary is, in all the :u
--ftrumchts of* confederation, one of the rights
undeiftood to be refervcd, and which the
otheT states solemnly guarantee. They there
fore, although offering ho pretenfious to the
immediate pufitflton of those lands, claim
the foveieignty aud right es pre-emption ex
clusively over the fame, according to the li
i.jits mentioned and described in the Land Acf
of the state, pall'cd in the year 1783; and
the treaty of Beaufort, tirade between the
Commiflioners of Soutb-Carolina and Geor
gia in 1787, which was afterwards recog
nized by Congress. *
6tlily. Re olvtd % That the seventh article
of the said treaty is also liable to censure, in
that the fame is not founded on a principle
of equality, and is moreover deficient in its
provifiou for preserving peace ; for, whillt it
refrains the white people from hunting on
the Creek lands, it does not prohibit the In
dian parties from coining in upon the lands
df the white people s A praftice this latter
which during its continuance, will always be
produtfive of loss of property to the citizens
of Georgia, and consequently of quariels
between them and the Indians.
The committee also taking into confidera
tiou two of the communications from his Ex
cellency the Governor to the House of Kepi t
feutatives, referred to them since their firft
appointment; the firft of the said communica
tions, containing information, and accom
panied with authentic documents to verify the
fame, that a white lad of the name of Koary,
hath since the return of the said Creek chiefs
to their nation, been murdered by a party of
Jndiaus, within the limits of the land acxnow
lcdged by the said treaty to belong to the
white people : And the fecund of the said
communications, containing information, and
like wife attended with authentic evidence of
lhe truth thereof, that a party of whiie men,
♦ravelling since the return of the said Indian
chiefs to the nation, under a passport from
the Governor of this state, were ill-received
and threatened by the Indians. That they
r.evenhelefs pursued their journey to where
Mr. Alexander M‘Gillivray was, who gave
them very little (atisfa&ion, advised them to
return by a different route from that thtough
which they came, and signed a pass to them
for the purpose : That they accordingly set
4!njt, taking such different route, but were,
on the fecund night after their departure,
overtaken bv a party of Indians, wdio twice
fired upon them : That none of them weie
killed, but the Indians carried off three of
their horses : That through the afliftauce of a
white man, living in the nation, they sent
back for their horfet, but could not obtain
them, receiving for aufwer, “ that they
ought to be very well fatisfied at getting off
with their lives ; n also, that the In dians were
displeased with the treaty, and declared they
would not deliver up the prifouers and pio
perty taken during the late war, without
another war—-Report, That from the said
communications, and other matters appear
ing to the committee, it seems probable theic
is not a sincere ditpofition in the Creek In
dians to observe the said terms of pacifica
tion agreed upou at Ncw-York. In conle
quence of which alarming symptoms, the
committee think that the Governor ought,
without delay, to traufmit an account of
these several outrages, and auy other of the
like uatute which may come to his know
ledge, attended with authentic evidence to
substantiate the fafti, to the Secretary at War
of the United States, and to claim the im
mediate interlerence and protection es the
United States in behalf of the citizens of
Georgia* Aud further, that the general go
vernment be informed, it ia in the opinion
of ifcii'Houfe, ahfotuteiy aud iudifpenlibly ne
ttlliry, that, duiing the present uncertain
Sate of thing*, and until peart that! b« firm
ly afiabi tiad, ilia number of troopa rtationed
soon the fromieia of ilu* Hate, be augment*
1
td, iu duty in any event, ti e citizers w 0
thallieuiiu to their homes, which they ‘“' e
been ueccfiiated to abandon for several ycais
part, may feel thcmfelvefc fate uudcr the fe
deral protection.
The committee taking iuto their view the
genetal flotation of thettate, and confideriag
what would be the mod eligible plan for ren
dering the inhabitants fe-cure hi their persons
and property, beg leave to fugged, that it
would tei.d much to s hat end, if the general
gcver-nsnent thould place an armed gahey at
the mouth of the river 3t. Mary ; a»d in cale
ot an augmentation of their troops in this
haie, occupy by proper detachments such
potts as may be foaud convenient.
The committee, in addition to what is be
fore men'ioned, in regard to the peifon who
has been killed by the Indians finer the treaty
of peace, beg leave to recommend, that the
Governor do immediately take fach other
steps, besides those above-mentioned, so-: no
tifying the laid murder to Mr. M‘Gillivray,
and demanding shat the murderers be delivered
up to juftire, pursuant to the eighth article
of the said treaty, as to him lhall fce.n regu
lar and proper.
The committee further recommend, that
the House do also enter iuto the following re
solutions.
Ref lived, That a copy of the report and
resolutions on the several communications
from the Governor, refpeftmg the late treaty ( of
peace with ihe(?reck Indians, and the several in
fringements thereof by the latter, be transmitted
by the Governor to each of the Senators and
Kcprefentativc3 of this ftatem Congrcfs ; and
that the said Senators and Representatives be
requeued to use their belt endeavours with the
general government, to engage an immediate
and effectual iuterpofition in behalf of this
date, iu order to lecure peace, and accom
plifli those objects on which the happiness of
the people ft) much depends.
Refolded, That the several proceedings of
this House on the late treaty of peace with
the Creek Indians, or any matter refpefting
the fame, be publilhed in the Gazettes of
Augusta and Savannah, for the information
of all concerned. ~
tfee +•&*&( S&sfesfcsfesfesfcsfegk
To tht Printer of the Augusta Chronicle .
SIR,
AT the conclusion of my last, I promised
forne animadverfiotis on the aft of Coo
grefs of the twenty-second of July last. —I
confefs I feel furprized that none of those able
commentators on the Indian treaty, have
thought it worth their while to oblige the
world with a difl’cnation on the above men
tioned aft.
Some few of the advocates of ariftocrati
cal government, pretend to hold out to the
ignorant, that the United States were consti
tutionally veiled with the power of guaran
teeing to the Indians, not only the Tallifee
county, but the whole Hate of Georgia, and
as many other Hites as they might think ne
cefiary f To attempt a serious refutation of
this idea, would be an iufult to common
sense : But, leaving those partizan politicians,
to enjoy their own abiurd opinions, (if it is
poflible for them to think as they speak) let
us fee what they can fay in support of the aft
above mentioned, entitled, “ An Aft to re
gulate trade and intercourse with the Indian
tribes.” Certainly , they will fay, the Con
fiitution veils Congress with such a power.
Granted : And had Congress confined thera
felves to such a law as was conformable to
the title of the aft, I do not suppose any per
son woul .avefaid a word against it. As it
is pofli' : this may be read by some who will
noth. opportunity of recurring to tke aft,
to loot for the exceptionable part, I wilt
beg U ,o trauferibe it here.
•* find he it enabled and declared , That 'no
sale of lands made by auy Indians, or any
nation or tribe of Indians within the United
States, lhall be valid to any person or persons,
•r to any (late, whether having the right of
pre-emption to such lands or not, unless the
fame lhall be marie and duly executed at some
public treaty, held uuder the authority of
the United States.”
The tnafting words of this datifeare new
to me. No doubt Cougrefs, conlcious they
were about to umitnuiue that beautiful fabric.
\ tl-e Federal CcnSitution, thrtight it nc*eff«ry
to ule words note tiuphatita! 1! .‘in the nfuaj
cnee, “ And be it further enr.flcti.” The
powerful wuid declared, was to make a:l
tremble, who (hould dare, even to think,
that the Supreme Lrf jl -lure hac net a right
to bind the feverai hates, alias corporations,
in all cases whatever.
Eombaftically as they introduced the above
claul'c, they had nor caution enough to avoid
acknowledging, in the midst ol it, that they
weie trffpa&ng cn a right, coi.ftiiutioually
veiled in individual hates. [“ Whether ha
ving the right of pre-emption to luch lands
or am.”] The foregoing words, included
in crotchets, mull certainly imply a recogni
tion of the pre-emption rights of particular
flares; or eiie they are fupetfluous and nuga
imy.
Wbat are we to expco next ? Why per
haps Ac Aft to regulate commerce with fo
reign nations; with a clause declaring, that
no sale of lands made by any foreigner, shall
be valid to any person orperfons, &c. —unless
the fame be made and duly executed at some
public treaty held under the authority of the
United States. Such a clause, it is certain,
would not be more uncoufiitutioual than what
they have already done. It is rather a fiaie
olfervatiori, that nothing is so apt to unfit a
mau for discharging the duties of high office,
as flattery. The fame maxim will apply to
a body politic. The Uuued States have been
so highly complimented for their great poli
tical improvements, that Congress determin
ed to immortalize themfelvcs by a coup de
main, and so palled an ad, declaring laud to
f be 3n article of trade and commerce.
They tmjl allow it is not a very portable
one.
I will close this piece with a paraphrase of
the eigth chapter of the Tit ft Book of Samu
el, copied from the Virginia Independent
Chronicle, of Odober 31, *787.
\Ji BOOK of SAMUEL, C bap. VIH.
I, And it came to pass, that in the eleventh
year after the delivery of the people from
beiidage, the wife men and the rulers did ga
ther thtmfeives together, and fay, we have
been sorely deceived, we would have more
honor and reverence (hewed unto us under
ki °S- ....
i. We must, fatd they one to another,
suppress the infoleuce and the abominations
of the people ; we molt make ouifelves mas
ters over them.
y. They did then agree to meet together
in a congregation, at the city called Philadel
phia, to confider of this matter.
4. Then wrote they a letter unto their ser
vant, who went a mefl'eager unto the King of
the firitannites.
5. This is the copy of the letter which
they sent unto him, even unto Adams their
servant.
6. Be it known nnto thee, that the inso
lence and abominations of this people in
crease daily.
7. They fay there fhail be no pre-eminence
amongst us, and that they are all sovereigns
and rulers.
8. We therefore desire thee, whofojourn
eth among the Britannites, and who art a
daily eye-witness of the niightinefs of a king,
to write a book in praise of the dominion of
kings and of the well born , that it may help
to blindfold this ftiff-eecked generation.
9. We desire you, that it may be ready
to be dispersed amongst the people, when we
are gathered into the congregation, which is
to be holden at the city called Philadelphia.
10. And Adams their servant obeyed, and
did mightily praise the dominiou of king&and
of the well born .
11. And the congregation of the wife men,
and of the rulers, did decree, that all the
country round about, even from Dan unto
Beerfheba, fliould be unto one king,
and uuto one council.
12. And the people, in the fooliftmefs of
their hearts, did bow their heads unto the
yoke.
13. But the thiug displeased the GOOD
MAN, when they said, give us a king to
judge us; and the good man prayed the Lord .
14. And the ZwWfaid uuto the good nun,
protefl folcninly unto the people* and (hew
them the manner of the king and of the
rulers, that (hall reign over them.
if. Aud the good man told the words of
the Lord unto the people, that afl.ed a kiug
and rulers from siuoug the will hr #»