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«rrv f k m.** * 1 V f on i it * Stnic o f, *. t
infant sens referred 'he snhjrrlsnj Uy roodo-' ■■■
11,r Igtnt of Track Indian ifioir* iu relation to
the I ••. T 'aty *nV'i <A.l/ S'a'iou : flluf «b'<
hltKina 'a thi. w rdrr of lint. M'Fuosh a ml
ail)rr of 'he Creek Indians.
The Joint Committee '»« State ol
tVte Republic to whotn \v«*r» - rt'h'iTed th*'
old..' conduct ol the A*■.111 ol
Creek Indian Afliiirs, in relation to tin' lull'
Treaty with tliat Not inti, mid nl«o in res
pect totlie murder of hell. McIntosh mid
ntlfern of the Creek Cldefu, have had tlmnr
m inors under their serious delihei'iitiou.
They have not Indeed investigatr-ft tin in to
tin’ extent that could have been wi-ited,
Inn dune, irivelt them nil the attention
which their other ditties mid the length "1
>ime would allotv. In mhlition toihodo-
rumcrtts 'seetimpattving his Eveelleney s
Mes suites at the opening of t he .Session mid
of the. ihl inst., your committee in the exer
cise of the power nivcn them hv resoluti
on, lmve collected such further evidence
as lias conii’ to their knowledge tool h'-en
Svitliiti their reach. In their liewol the
whole subject, your coitioiilteo have not
considered llieinselves |>reehnleil from the
consideration of that part of tlm evidence
which has been before the President; be
cause it is so supported and strengthened
by what Inis been since disclosed* that its
own weight is greatly enhanced ; its elm-
Tticter is in it considerable measure chang
ed, and in its turn h tends greatly to illus
trate the latter. Oil the same principle,
your committee have of course received
tonne evidence which is net new in point,
•and therefore has been allowed no weight
in tlieir deliberations. This may or nitty
not be rendered applicable by evidence
hereafter to he obtained; and will ol con
sequence housed,or rejected, accordingly
in the filial investigation.
That the A cent did not assist the United
Mtates’ Commissioners at tho first nogoti-
'atioirs at Broken Arrow in December last,
«o - even en-npernte with thorn, is confessed
liv himself. The only apology we have
heard offered for that conduct, was his ig
norance—that he supposed lie had nothing
•to do in the matter, hut merely to nsseni-
hlo the Chiefs and to attend to the rations.
Now ive deem it not too much to assume,
that a man of the intelligence and segarity
of the Agent, who had been five years in
the office, did well know, what the late He-
'crefary of War condescended to tell him,
tliat. “ the paramount duty which he ow
ed to tile On,ei nmerif olifigniml him •>" "If
occasions, to give hi« hearty eo-Operntioii
'in effecting its views.’’ And we further
presume him to have lieen able to appre
hend, that the acquisition of territory was
the object the Government had in view in
bolding tlie treaty, lint be was moreover
expressly and repeatedly informed of those
views, and of his duty in relation to them.
The Secretary of War on the lfflli of July
J82l, in announcing to the Commissioners
their recent appointment, instructed them
among other things—Fir?t, that it was
“ the desire of the government, that tho
feelings and wishes of the State of Geor
gia should be particularly nttended to,” and
the location and extent of the territory to
lie treated for, is therefore left at their dis
cretion-*—And secondly, that tlto Agent was
instructed m obey their orders on nil point*
(tonnee,led with the proposed treaty. Of
this instruction the Agent acknowledges to
war
if Inc late war) although the meeting was
at tho lo u c *.t the sub- Agent, who ng: in
a, led ns Secretary, and jmhlisbeil tl e pro
ceedings. These proceeding's ntnuuiilcil
to a renewed ileclarntion, that no land-
-hoiild he snhl. I'iiring all thi* jierind,nod
p i iinn*lv from the tall of isTl, the ootii-
niillee has no floulit of there, havilig 'ticen
on foot ho active. eontiiiiied mid "I>
s\ stem id’ measures tiiroiighoui that mini
ii’y’hv the emissaries of the Agent, ill coii-
ci’il with iht' hostile Indians to foresinll
and defeat tile views of the I niteil States’
Ooveriiment: and ill doing so,'to sacrifice
the inmreMs ofV b orgin, mid even the cute
ly mid welfare of 'lie Indians llieinselves.
The eonsimit and intiuiate mtoreoiim'
that must we suppose, mn’essarily exist be
tween the \ ire lit and his sub Agetil, pre
disposes a* to presume a concert of action
between them. And when we see that
the active and continued treachery ol the
hitter is known to the former, and no in* a-
stovs are taken, either to restrain sue
cuiiduct, to make it known, or arrest its
tendencies, the pmsuiliptioii of their being
eoiili derates, becomes almost irresistible.
The Agent's conduct at the first Treaty,
was in wart accordance with the views
we impute to him. Ilis assumed neutra
lity on that occasion, even it lie wc* in fact
neutral, was a w ilful departure from duty
and if, as your committee believe, his neu
trality was only assumed, it was stipenul-
ding duplicity to crime. It appears llml
those facts, nr most of them, were in due
time made known to tite Governincut—a
removal of the sub-Agent was all the re
medy that was applied — His place was
soon filled (mid it is understood at the in
stance of the Agent) by the present iiicum-
lient, who had already earned the Agent’s
confidence by a similarity of views, and
particularly tty mi opposition sufficient!)
\ idlcnt to any present cessions ol territory.
Ilis predecessor doubtless remained there
to Continue his machinations in secret ;so
that tin! only effect of the measure, how
ever wi ll minified, is to add one more to
the number of those petty tyrants w lm op
press and finrrass the Nation, or that part
of it who have lavished tlieir blood for the
American people.
On receiving lire renewed and still more
peremptory orders of his government, the
Agent was compelled apparently to co
operate w ith the (’oinmissioiicrs at tlm se
cond treaty. IJut in his talk to the Indi
ans, it Is curious to observe with w hat art
lie keeps within tlm letter, arid but ol the
spirit.ofhiHinstructions. Ilebad ucknow*
ttnigiil! It. Mltj. Me/ i o toller, Um( the pci 4
posal fir their removal beyond the Missis
sippi would, if acceded to, he highly to
tlieir advantage ; thatthey would be
fools iftlicy did not accept it.” Hut when
addressing the Indians, no dravva himself
carefully w ithin the shell of his instructi
ons, and nothing appears hut wluit is ri-
gidly official. “ lit! is instructed" lie says
bv'the War Department to tell tliont so
and so.” Tliat “ vvlint the ('omifiissioii-
ers hnd told them w as all tlve talk of the
President.” That “ the President wished
them to sell tlieir land and go beyond the
Mississippi.” That “ it was his Wish al
so, because it was the President’s wish 1 ’—
And that “ifhe was continued Agent, he
would go with them and he their friend.”—
Perhaps it was impossible for human inge-
rmiiy to have suggested to the imaginations
of tlml assembly a greater curse than bis
friendship, or a stronger argument against
removal, Ilian flic prospect of being ac
companied by him. When however,noth
ing could stem the current^ when nothing
that could lie said or done in the Council
or out of it rouhl prevent that consumma
tion, so devoutly dreaded, and all, or near
ly all the Chief's had agreed to sign the
treaty on the next day, and tlmtlustriitnent
was actually preparing, no time was in
deed to lie, lost—at that critical instant a
ib-.Street ; i'.i that ofTriplott Icmro I
w „s -uli-A gent, as proved by the testi-1
iihiiiv ot Hra7.ii I, and rime ll1 ’ liU '’ l ' w . M f”
lli.' tofllee, us staled Ip ttveoty-lom ol iho
fs Mild Indian- al \cw mill ; in tlm t i-
,,l ,|,ni,ms of Henry Crowed, w lm
n-aih s in tlm NKtion under licence ^>1
l,i. In-, thcr the \gent, a- |>roved by Lol.
James JVair and HuVi'is Alien, I' .q^ o*
vv ,.|| a- in the InmpiOge lu hi III l.auml.,
-la’ l.iterju-eter, to Col.'Wllliaiusou. Hof
ns we have in this ease tire avowal of She
Agent himself, we should not advert to
the-e acts or sayings ol Ids subiiUertih. It’ll
lor ibis purpose — ’I Inn it an unity of pill
pose
dl some’ol tlic
' tliot In 1 is now
d concertfn action between hill) and
them, should he here -iitisliwioiry made
out, ini ought to he all’octed by tlieir say
ings mill doing-, in io-iauers w here lie Inis
kiqit himself out of \ ieW. Olliecw iiw’ it is
plain,that lie ought nut to he prejudged by
any tiling Hint they nut; have said or dime.
Ilis own nvowul, above nlliiiletl to, is
found in tlie disclosures ot the Cuininissi-
onrrs in their recent exami’iiltioii. lie
hail, it seems,during ihc mlniinistratinu ot
the preceding (lovcrnor, /oiilonsly hestir-
cd himself, and had in fact obtained the
sent of the Indians to a cession ot u
pin t of their territory. He did not then
labor under any of those “ misconceptions
of liis din \,” which are so indulgently im
puted to him iu the letter from the late fre-
i,rotary <«' W ur. Hut the lixecuiive adnti-
nisintiion of this State having passed into
hands that he did not appi’oie, his ms viios
of office w ere smUh.'idy changed—He in
s-t<iiit I y resolved to use ih* infliteiico wbicli
his office gate him in preventing the pre- ^
si.uit ndiTiinistriition fmiii being in any w ay
entieeriied in, or indeed from being cutem-
pOrarywitli so imporiant a service. He
'fluid prepared the Indians” lie said, “to
cede a part of I heir lamia ’—he “ Inul tlie
matter lived’’ for a cession of ’lie lands, it
was understood below tlie Federal Komi —
“ Distinctly ’ intimating however,” (says
Mai. Meriw ether, in ivliirh lieiscorroborat-
ed ily Col. Cninphell,) “ that as Troup had
been elected Governor, lie must not expect
success to attend uny application which
might he made to the lmiiuns, while lie
(Tump,) was in office.” ‘Anticipating
probably that repeated failures would cl
ient a change in the politics of the State,
and bring into the F-xecutive chair at the
next election, a man of his own choice ; lie
intended doubtless in that event to be more'
propitious. Accordingly wo find it inti
mated to the Chiefs who were sent away
fix)in the treuty at Hrokon Arrow, that ihey
were to meet there aguin in a few months.
And in his protest against the Treaty, lie
statos to the late Secretary of War his be
lief, that “ at no distant (lap,” a Treaty
could he made to the entire snti-taetion of
the government. Your committee offer
no comment on this! They trust there
can be but one sentiment on this subject,
from the foregoing very rapid view of tin
ca-c, if it is a fair one, mid we believe it is.
Of I liis however, a judgment may be form
ed from the evidence itself. That part (d
it which the committee have collected is
herewith reported, so that’the whole of it
is before the house- Ypur committee al
low uu weight (forcertuinly none ought to
be ullowedj to any evidence that is not n
vet brought home, at least by fair pre
sumption, to tire Agent. Those numerous
collateral circumstances that are scattered
through it will lie taken it is hoped, nt tlieir
true weight, and no more ; recollecting on
tho Beorctnry of War lIx’Mic had n copy.
(Marly in August, the ' 1 j" .itissioners in
formed the Agent I'^cy lOcre in
ntrueiod to corresptf'^Jfli liiiu respect
Ing Uio treaty, and V r ‘ phssed their plcu-
siire in the prospect ora'free dlViission of
-nil mutters connected with. the. subject. And
on the 5th of September, they again ml
xlressed him, informing him of tlie grant
concern felt for tlie negotiation, and spe-
chilly directed him u to prepare the .Yalion desperate measure is resorted to—a rousi-
for the issue disirrd.” Tlie public interests, deruble number of the Chic
were indeed confided to his charge, little
if any less to him than to the Commissi
oners themselves. Was it not for the letter
of tho 18th of January last from the latq He-,
cretarv of War, your committee would ex
press tlieir astonishment at tlie efl'ronterv
of the Agent in pretending, if he ever did
pretend, tliat be was ignorant ciitllerxif the
nature or tlie extent of his duties.
It remains next to be seen, hr> ,v bc per-
Tu’ined those duties, so opt ions in them
selves. and moreover so anxiously and re
peatedly enjoined upon him. It is natu-
*;,» Mb’iirr won’. 1 lmve been more n-
nninged”—tins vvuue<- I s mu ” -
ltin ,ge.i», and lui In-' 1
lumbers of the nm.n
uim.-d ol- the i .entity of his prrso.i
l', M .,ue imposing tin Is—hut ipur com
nPtu; wo.il l again remark, tli it .lie cvi
ileiiie. being e.rp*!e, - i ml.’l lie receive
,i ih mm h alio vim e. tin me wliole,
\,,ii' cumniiMee doe- not see in I he eyi
,I,miiiici.”’> proof to juatily tlieni in
,rrc lining, that llie Agent ordered, con-
ici, ed or f!i-ligaied tin’ murder nt (Jo'ierul
M Intosli ; hut until the contrary sin I he
:aado'to appear, they must luiit bolie.ve
tlmt lie knew of the nnpro«ehing event,
and c.m1.1 have prevented it : and hcm-c,
.is well ns the g >neral i.eiun’ of the
testihlony, they are eOthpelled m infer,
that it had his nppiohiuhui. '1 lie Indians
probably derived encouragement ami con
fidence from liu ir belief el’.he \ ; uit's ap
probation, which they would naturally in
ter from his silence and inactivity. It is
believed, that if the Agi n' had been re
moved from office lust January, General
M’fntn*h would have now been in file.
Before 'dismissing tlie subject, it is pro
per to notice an insinuation ot the Agent
(fur lie does not positively assert it)to the
Department of \\ nr, that 1 he intended sur
vey ut the lately acquired territory " asthe
immediate cause of tho fate troubles in the
Nution, and of the death ol General M‘ln-
tosli and Ids friends. The committee
hardly need adveVt to the testimony of
Miles and of I’l niriioy to prove the con-
iraiy- AH the evidence connected with
liie stibjeet within the recollection of the
eonnuitiee, end even a certificate of cer
tain Indians, lately published for another
pi rpnse by the Agent, concur to disprove
ills charge. We submit the import n| the
wlole to lie, that it. ues said hv the hos-
tilis,<ind we believe by the Agent himself,
tlilit the Ohiefij were killed in pursiiune.c ol
a l;vv which they 'pretended was made at
id l’ule Cal Spring ; and which they re-
ilted to put in execution on licaiing of
the •afilication of the treaty.
Tie total effect that should lie allowed
to al 1 the evidence must, and will of course
he c tinmted variously. But without go
ing lieyond what is found on the files iff
the War Department: in the Agent’s oivi
acts; in the official correspondence-; am
his own distinct avowals, your coni
mittee leal assured of the conclusions that
are embodied in the following resolution,
mid which they therefore recommend t<
the consideration of the House:
Ibsolved by ilu Senate and House of Keprrscn
in, n et.vf the State of Georgia, ill General Assent
lily nut, amt it is hereby resulved as lhe sense oj
litc same, That the present Agent of Indian Af
f.iirs for the Creek .Nation, lias heretofore,
least since the fall of 1823, been regardless nliki
of Ins duties to the General Government and of
the iiell being of the Indians under Ills charge.—
Tlmt the very considerable power in bis band,
of affecting the interests of das State lias beei
prostituted to purposes unworthy in themselves
and foreign from the objects of bis appointment
That in the opinion oi’ this Legislature, object
of private interest, and purposes arising in th
strife of Stale politics have mainly intlucncei
and governed bis conduct; and that lie has hone
been either tin? advocate or the opponent of the
rights of tills st ile, as those rights have happen
ml from time to time to coincide with or stand
opposed to the private advantage of hint or hi
friends, and his political predilections; to \i hicii
in the npinionnf this Legislature, he lias long been
and now is willing to sacrifice the interests ot
.the General Government and the happiness and
safety of the Creels Indians. I trill Iris conlinu
"Mv, a A ’. nfort O. t.umwr won! wit to
,mmi, witness was in tlie el lit . ..
. v tin had ilia i rif t so i ml .an an*
. line ’Ha
bad i
huffy fine, and
•re dlssalisfi. it
, ( h on ell bid
l of it i ill it the
I'C
I l. -
r the
1’iitiy
nil i .sidi .1 in tin* Vd'-'
ni, ,1 id, do.in ,e tr the
tor reason, 'tie iiiffnille
n 'J real) ; that < oh ••
ni to prev nt ill.- ratifies!
I Indi or had date. mine.Id In it
1 gill .MMaio.-:tj iff na'-l cpii iinly
iv,ir, and lie « is'ie.l in m.it ev nil in
line Willi liis stuck, t 'at he ought C
move then out of the Nation.
To the 1 mirth—tVilnes* converse.I with a
white man and several, say Iroin twelve t’
twenty of tit" ho-1ilc Indians last neck th. v
vnidlh.it the Indian* would hold tjienweli-es in
re irlioess, ami kill the first Mi-vi-ym » h’> MVctdc
r.l a rlmm Across the land, and tlicnkiU all those
win. tfter.wards caul.’ to survey it. Witness
aakAd them if they wopld n dnllmv it to lie sil. -
vi ,((I alter the tlm.’ was out ; they said the time
would be never nut t tlmt those who made the
Treaty wre dead, tuff tlmt there was nmv no
-|'rn.itr- The white man sniff, that im- ot theit
Chit Ik had mat hod the sine of his foot, and said
the whiles shoifbl never have that much of tlieir
land w Idle there was an lmli.ut living it' the Nati
on ; that the white then might manure the land
with the bodies of tlie Indians and walk upon
tlieir bones. Witness then asked the old white
man (whose name was I larrol ot llnrrod) to tell
thorp l unde
hiefs are scut a-
way that night! llmtihly was the visible
agent in this deed ; the Same man whom
(he Commissioners informed the govern
ment xvas unworthy ( f confidence, but
who remained, ami we believe is still the
confidential friend and Interpreter. o(.the
Agent, was the bearer of this order us it
was culled; and of the'’“liculous falsehoods
that induced them f," 1 . ‘obey it. We can
not doubt that this t ” uTliunltly is the de
voted, implicit ins fftnent of tlie Agent.
Ilis situation ofHIiitCfcireter itseif implies
it. Hot (lo take’ one .uiistance among nta-
ral to sil'ppose that an officer in n high | n y that are scattered tliSoitgh tlie evitlenfce)
’trust, knowing thus well his ofticiul obli-1 when we hear this'jtnfrf Interpreter tell
Rations, if he intended treaehery, would : Col. Wjlliartison thut tip (Famhlv) wus the
net cautiously in an entitrprise ot such de-1 pmxv of the Upper Citiefs, ami invested
ltene.y in the ina’iagentcnt, and -o dange- j witli tlie power to sell or fntttin tlieir patri-
rou« if detected. Hi* obvious course monial territory ; n power*tliat they deni-
in “ riAav.hio it.r/.’ p( | t(J s( , in nnv of their |)fineipul-Chlefs,
whom they have even attempted to mur-
ler, mid some of whom they have actually
-would lie to act asoan ?!t a- pos-ihle thro’
the instruments’, itv .>«' ceikers. concealing
himself as far a- pr2.1-T.truh! ? behind the
Iu the rr.-e re-,,; .j*i, it accord- ’murdered for executing: when we hear
ingly turns out, that m -t of tlie ti schteli
:!ive been wrougjfit. at second baud.—
"While the Agent was profes.-' ffly neutral,
the imin^<li#te ostensible actors in those
scenes have bflett those persons nearest
connected with him, Rnil most in his confi
dence : and most, if not all of them, in
some way depoadenton him, or on liis con
tinuance in ortlce. And although positive
e vidence-is hy no tneaus wanting, yet per
haps thv strongest and most satisfactory
proof of his guilt, is Tumid in the character
;iml situation pf these immediate instru
ments of mischief ; in tlieir connection with
the Agent in various ways, anti in a multi
tude of minor cu-eo'nistuncos ; |ie.rts of a
svstem of measures which tve think h? iu-
pti< r atetl and countenanced, but dared not
openly conduct—and if so, more strongly
■evincing bis guilt by tlie desire of conceal
ment.
In the month of May preceding the ap
pointment of tlie Commissioners, a meet
ing had been held by the hostile Chiefs tit
Tuccubate.hee 10 resist the views of the U.
States. The result of their meeting was
by the stib-Agent reduced into n kind of
•writteu manifesto, declaring t> .t they
-wuaM »*-» (lispuse of tlieir lands. These
transactions were notorious In the Nation,
hut the Agent made no intimation of them
cither to his Government or to its Com
missioners. When in July I8‘ff4, thu Na
tion or u part of it had assembled at Kro
lien Arrow to receive their annuity, :
Council was convoked, at which the Agent
vvns present, hut retired With all other
white persons except bis sub-Agent and'
Humbly his Interpreter, tlmt the former of
these might read a long communication
From the Cherokee*, exhorting the Creeks
not to dispose of a foot of their territory.
Of this the Agent gave no" intimation, of
•which your committee arc apprised-^-nor
was tiny notice taken of a third meeting in
November at the L'.de-Cut Sprine (e.onsist-
^tig wholly or of themed-sticks
him moreover boasting of having defeated
tlie Treaty tit Broken Arrow, and darkly
hinting to Williamson that Crowell being
continued in liis Agency or not, would de
cide him (Humbly) howto wield this tre
mendous authority, two conclusions force
themselves upon ns—1st. that lie lias nei
ther any regard for truth nr ingenuity in a
lie—-and "Jdly. tlitfl lie is devoted, body and
soul, to liis patron. AVo see that lie is term
ed of iniitvi ials base cnough for any deed'
of darkness, hut tlmt he hits not the talent
himself'to contrive the means.
Tlie Treuty was however signed by
those who remained, being fifty-two in
number oTtlm Chiefs, Head-men and War
riors of the Nation, and witnessed among
others by the Agent himself, and in liis of
ficial capacity. It. is well known that on
the next day he denounced to his govern
ment, the Commissioners and the Treaty ;
the former as having transcended their in
structions, and tho latter ns being a nullity
for the want of the sigtiatuVesof those very
Chiefs who had thus been sent a Wav.
And it is equally notorious, that Im follow
ed on to Washington himself nt the heel
of his protest, for the avowed purpose of
preventing tho ratification of the Treaty
Hv those two acts above, lie stands record
ed in this dilemma. Ilc lias either otiici
ally sanctioned a preteuded.Treaty-which
is all a lie, or lie hns endeavored to defeat
one tlmt wits legal in its form, and which
irt its substance provided for objects that
lie had previously acknowledged to bejust
uud benevolent.
The motive of the Agent for such an ob
stinate opposition to the acquirement of
territory bv Georgia, within this pair and Iht
last, is believed to be almost universally
understood in this cotnmlinity. In the
evidence, the committee find truces of it in
the occasional insinuations, more nr less
distinct, of tlm confidential associates of tin:
Agent. It is to Iu: seen they think, in tho
whole gourde of Wu-lka'’*conduct while jm
. * »» *
hrrenft
will be greatly to the injury of this state, and 111
the confidence ni a large part of the C reek INa
lion is now so irrecoverably alienated from him
that it would hereafter be impossible for him
u!miiiifcter end superiittcnd their affairs to tlieir
advantage and comfort, even if in' was di-pos
so to do: And that this Legislature do reipu
of the President of the (I. States to remove th
said Agent from office. And to the end that all
due atid proper proof of his delinquency may
made.
He it further rrsoh-cd, that liis Excellency
the Governor do appoint tw o or more fit and
proper persons to collect and receive evidence
therein, and that such persons w hen so appointed
l>y his fc'.xcelluijiry the Governor, shall be invested
with all the power of sending for persons ami pa
pers ami of examining witnesses, that is vested in
ither or both Douses of this Legislature.
And be it further resolved, that his Excellency
ttho (governor lie and lie is hereby requested lo
transput to the President ot the l . States a copy
of this report, resolnlion, and the accompanying
documents, or such parts thereof as are not now
in possession of the President.
Bead and agreed to.
ALLEN K. POWF.LT.,
President of the Senate.
Attest—Wst. Y. HansF.r.l,, Sec’ry.
In the House of Representatives, Friday, 10th
lime, 1825.
Read and concurred in.
JOHN AlffKKCROMBlE, Speaker.
Attest—AVm. <,’•■ Dawson, Clerk.
Approved, 11th.lime, 1825.
U. Al. TROUP, Governor.
the one naiul that they generally tend to j anucin otllee hitherto lias been and
corroborate and support what they tlo not "■ ’
-distinctly prove; and on the other hand,
that such of it as lias been collected by the
committee is necessarily exparle, and that
if cannot lie now known how much of it
the Agent may be ulde to controvert or ex
plain.
Taking the evidence collected by the
committee with these cautions and deduc
tions, can however hardly tend to impair
the cilect of the residue. Your commit
tee think they see enough evidence, which
they deem incontrovertible, to satisfy tlie
general government on the question ot
the Agent’s longer continuance in office ;
whether considered either us a question
merely of justice to him, or policy to the
country. Whatever doubts may hereto
fore have existed in the mind of the Hxc-
eutive, wx trust will shortly tic dispelled,
ami ffliat a clemency that lias been over in
dulgent and mistaken in its extent, and
which lias in its operation been cruelty to
the Indians, untl that Inis operated ns an
unkindness next to insult to Georgia, will
no longer lie suffered to lie thus abused.
On tile second branch of the reference,
that which relates to the conduct of the
Agent in respect to the death of Genera!
,'il‘lntush and others, your committee will
premise the notoriety of the fact, that there
had existed for some years, a deep and
rooted enmity between them. This state
of feeling is indicated in 'he Agent’s letter
to iluuihly of the 22d of August 182:1—\\ r
find it asserted in a letter from Samuel
Hawkins to the Governor, that the Agent
ulvised the Indians to assemble, and burn
lown thu houses and destroy the proper
ty of MMntosh—Jesse Cox testifies, that
on the 2(!th of April, the Agent in speak
iug of the Indians, lined the following
words—“ damn’d cowards, i always hat
eil them: 1 still hate them worse and
worse. Any people that would suffer one
matt to sell their nation ought to die and
go to hell—1 once put that fellow (mean
ing MMntosh,) down, where he might to
remain ; but the Big Warrior and Little
Prince reinstated him. 1 hope the Big
Warrior is now in hell for it, and that the
Little Prince may soon follow Inin.’’ Abra
ham Miles swears ‘'tliat on the 9.7i h of April
the Agent told him, that MMntosh would
certainly he killed by the Indians oppos
’d to tite treaty, and on the IffOth of that
month ho was murdered. We are inform
ed in n letter of liis Wives, of the.3d of May,
that the lenders in tlmt transaction declar
ed they were supported and encouraged
iu tho murder by the Agent ami the Chiefs;
ami it appears by the affidavit of Francis
Flournoy, tlmt one of those wives gave
him tho same account on the morning of
the murder. Another of the party told
Flournoy, that tlm Chiefs were sincere
when they sent tlieir peaceful answer to
the ti over nor, (hy Col. Lamar) but that
the Agent had altered it, and told the Coun
cil tlmt the only Way to -go*, the land hack
and keep it, was to kill fill tlmt Inul been
coticnrned in selling it. In giving their
reasons for the act to Hawkins’ widow,
site says, they included the name of \\ alk-
cr, tlm former Bub-Agent, as having also
given them this advice. Kennedy testi
fies, that a rather dark eompleetimied man,
whom they called Colonel Crowell, iu
speaking of the Indians on the Sunday
before, (the 28th May,) said “ damn them,
I wish ivore pJ' them jjud Ito^n lig
him seriously, whether he did not think the Indi
ins would consent to the survey oi the lands at-
the 1st September I82rt. He damn’d the day,
and asked the witness what he thought the Indi
ans knew or cared for that day '. they weiUd ns
soon tlie white people should have it now as 1 lien
hut were determined they never should have it.
To t^e Fifth—A good many of the Indians
who murdered MMntosh were painted—w itness
.says several, perhaps from twelve to twenty guns
were shot in the direction tlmt Chilly McIntosh
and Kennard retreated—The Indians said they
had discharged these guns at two men who wit
rmin was Ketiimrrl nod Chilly M'ln-
tosh—Witness, from the time,-distance and di
tion. had previously no doubt ot the fact
Witness never heard the Indians or any ot them
ggest, that MMntosh having agreed to permit
the land to he surveyed, was what they killed
himTor—the reason given ivy the hostile* to wil
ss, and io liis presence to MMnlosh's fumi’v
md others, was uniformly, that he had tirok) n
1 lie law, « hieh was frequently explained to meat)
the law of the Pole-Cat Springs
They last week suggested, that If an atW'vnpt
should he made to survey the laud, it woiMlt pro
luce difficulty ; lint lie never before heart! them
sav any tiling about surveying—and on this last
'evasion, lie did not learn that (he question
urveying ever had produced any difficulty.
FRANCIS i'LOt ItNOY,
Answered, sworn to, ami subscribed before me
this 7th .lime, 1825.
DAVID ULAC'h'SHEAR, Chairman
Interrogatories exhibited to Maj. Win W. Wil
liamson.
1st. Were you or were you not in. the Creel
’Moil tint the. fir ’d: fWGen.M'*
tut islt were excluded from the Count tl or were
not invited; that they could learn nothin!: from
uuv of the Indians tlmt went on 01 «as going-*.
.,u(l 1,.[inline cirrnm«tmiri of so inncli secrecy,
tin’ belief was, Pint their object van to break Ge»
neral M l.itnsh. I uflt.’Lvards made the same
(«ir(|ui, v ..ft 5.1. Ilamhlv —his ■ < ply was evasive—
I then si.1 Oil u I.>it. I had heatd 1 (dative to th,’ de-
1,,.md ,,t tlie Governor of Mahama : Im simply
replied, tlmt ti.o dig Warrior was too fir gone.
i„ ! ( .,.| mi 1 j thing like fear. I thought I dLcover-
I I'.UKI I ruble reltutuner nil his puli in giving
HAtisl.ii.tiim as to my enquiries on that
subjeel, and I pressed the riupiiry no farther. '
1 had frequent l ouverslltimis »ills Col. 11am-
lilv the tnteijiivter.
In (lie course (d our conveiwnllons, he frequent,
ly Stated lo me, tliat. tin: l pprr Town < hiefs iu
I lie squat eat ff'ockalatlchi’u, had placed the pows
entire!' with him—that lie li.ol llut ytfa nr
nay nt dial section of the Nation, and that if lie,
Hanihlv, said make a Treaty', they would do so,
id it ite wits opposed lo it, they would act ac«
curding to liis wishes.
1 received the information from Humbly of tlm
sub-Agent Walker being dismissed ; we Imd con-
iderablc conversation mi the subject of Walker'#
removal, and also the situation of Col. Crowell;
, Humbly, was under art impression that laq
e Agent, wus.strollgly censured by tlie Coin-
missiouers, ana tliat the object ol (. ol. ( maps
bell’s visit to the City of Washington, was to pre-
r cliargcs against"the Agent. 1 gave him the
strongest nssnrnnqcs that his impressions as to
the object of Col. Campbell, was all a mistake—
that lie had on such views. I was induced to be
lieve from various circumstances, w liiclt 1 deem
unnecessary to state, that hotvoulfi not bo in tlie
way of tlie Commissioners in the then pending
negociution ; and in all our conversations, w hen
speaking as to the stand tliat he would take, lie
nernlly concluded by tire sameletnark, that he
Further extracts from the evidence talcn before
the committer on the Slate of the Republic rela
tive to the conduct of Col. Crowell, Creek In
dittn Agent, the murder of M‘ Tntosli^ fy r ‘
Interrogatories exhibited to Francis Flournoy.
1st. Were you al Gen. IFm. M'lnlush's on the
night if) his murder ‘
2d. If you conversed unfit his wtt rderer.Lfn tin
subiect, phase stale what cause they assigned for
t/uir conduct l
3d. Have yon Iren recently in the Creek roan
hy—Jt yea, stale il licit an Ilu gro imislhe Indians
tssigii fur the murder of M Intvsk.
•1th. Relate any fads which may go to shew lb' de
termination of tlie hostile Indians io murder l\i‘In-
tosh, a ml which occurred previously to the attempt
on tkr. part of the F.'erculive of Georgia lo obtain
tin consent yj lhe Indians lo survey the territory f
5th. Do, or ilu not the Greek Indians, hostile to
the Treuty, express at this lime their firm resolve
never lo abandon the territory; and particularly
when asked whether they would consent lo have
the territory surveyed after September 182(5—do
they, or do they no! deny any more right on the
part of the Sidle at that time, than al the foresail /
tiiti. Were any of the Indians who murdered Al‘-
Intosk painted f
7th. I Cere there any guns discharged at Chilly
M'lutosh t
8th. Slide whether or not you have heard the
Indians say during your slay among llir.m, that
M'lnlush's giving liis consent to hare the Ittrritory
surveyed, had caused nr hastened his death—or oil
the contrary, hnre.lhey not uniformly attributed Ilis
murder lo Ins ruling Ihc land !
Answers of Francis Flournoy before the C0111-
’mittce on the Slate of the Republic.
To.the first question be answers—Witness v.a'
at Gen. MMnuisli’s She morning of Ids mvVder •
rnnVc.ftfed with one Hutm'an a white n».un who
"us !■ Iso there; observed to Hmu’.an. that tlmt
UIISH rough r ny of doing bositH>ss : He answer
ed j es, lull it was their wav': lie said lie was
sent by the hrud Chiefs i s Interpreter Sic.
To the Second—He was last Week two ' n v> ■
the lower part of the (.'reek Nation a ' 111
much witli the Indians; and afp.
country during the. pendency nf llit negotiations al
lirokcn Arrow and the lw,Can Spring, and in tlie
interval between these liinrs t
2d. When you visi'ert the Yation in order to im
e.mble. than tv meet the Commissioners, did yo
ucet With the Agent, Col. John. Crowell—If so
lease state what he represented the object to he oj
hr, Indian Council thru in session, and whether he
utrised you to discontinue your visit to the same '
3.1. From whhl you afterwards learned of the
rue situation of the Warrior, connected with other
nrcnmstances, do ytni or do you iwt brlie.ee that
'ol. Crowell staled Ihc true object of the meet in
'if the t 'oiinri 1 !
fftli. Had you any canrtrsalion u-ilh the Inter
preter Humbly I
5th. What declntatihns did. hr make lo you cow
1 ruing the approaching Treaty; and particularly
nlml did lie say as to the determination ofeerto
chiefs lo be wholly influenced by bis, Humbly
opinion in ceding territory, and who were those
Chiefs/
5i‘h. At the time of yoxlr interview with Humbly
had the sub-Agent Walker hem dismissed, and did
'tie. Interpreter aiRirehenil a similar fate for 1 ot.
t row til; and particularly ltd hr or did he not a-
row that the Agent's safely and continuance in of
fice must be, guarantied, otherwise there could be
-to Treaty ?
7th. but llnmbly admit the justice of the claim
of Georgia, and tin propriety of the policy pursued
oy the I nited Slot's, and did he promise, ut 11 parti-
•alar lime lo ghe you a definite, answer as to the
■■nurse hr should pursue in the negotiation.
8th, After the Convention of the Indians, did
•/on observe, any changi in U,utility's conduct t
Pth. When you pursued wnd overlaid; Ihc Indi
ras who suddenly di purled from the Treaty ground,
liat were thru statements as to the causes y)' this
sudilr.ii change of ojiini in, and of their fight /
(bill IFire you. ever beard any of the. Head
men and l liicfs express tin ir opinion of Gen. J/'
to tosh ; their confidence in bis wisdom, amt then
wishes tv begoverued by his views in relation to the
Treaty—If yea. please slate ulm, when and where,
md what did they say/
1 lth. From your knowledge of the subserrienty
f Hambly lo tin wislirs of the Agmt, hare you any
ioalit but that he arted by liis lulvice, in counsel-
thc departure of the Indians,and what are your
opinions uo this subject, and upon what facts and
ircvmslanees arc thiy founded f
12th, From all that came within your 0bse.tra-
ion, bare you any doubt that Col. Cruwell secret*
y, and by every means in bis power, endtuvdred to
defeat llir ‘Treaty; unit please stale the groiauls of
your belief/
13th. Wliat declarations bare you heard from
Henry Crowell on the subject of the Treaty, and
when awl whirr, made ?
Ifflh. Itrts any message atr oamvmniraUnn r r -
ceired from /fig Warrior daring the pendency of
the Treaty al llfokea. Arrou—If yen, what nr-re.
the cov Wills of said communication /
loth. What vu-re Hambly's arknnwlrdgmrats
as to his defeating the ath nipt to hold the 'Treaty
at Brok' n Arrow.
The examinant, llb/titun W. tliltiamson, being
called on by the Committee on the btatr of the
Republic, to answer intenogittories exlubited to
him, touching the conduct of the Agent, Col. duo
1 rowel! and others, pending the different uego-
cialions with tho Creek lodiutfit nt Broken Ar
row and the Indian Spring's—For answer stiith,
’That Examinant was at Broken Arrow and
the Indian Springs pending theditVqi'gnt negoti
ations witli the Indians, nmi w as also sotnt time in
the Nation in the interval between the differenj
negotiations.
On my »av to the Nation to notify tlie Citiefs
to attend tlie Treaty at the Indian Springs, it
was necessary, from tnv instructions, In apprise
tlie Agent of my business, and to obtain all the
necessary information, as to tlie manner, fsc. of
giving out broken day s to the different tow ns.—-
J lie Agent stated to tin that lie had received in
structions on the subject from Col. Campbell,
and had dispatched messengers, and he prev-tm-
ed tliat the information would generally be know n
in t hue—I stated to him, the Agent, that l was*
particularly instructed by Col. Campbell to *'■
ly tho Tucktibalchce Chiefs—that to" ' ,l, |
tlieir presence all-important, or th deemed
at least be notified by a whir- l,t 'llT.T s ! loll * < *
iu reply stated, tliat the : man. J lie ■
• 1 uckabatciiee / o c,1 ‘
own t lue s wue ,. .. Upper
, ^. nt | e patched I,is In , time, and
v, Uo .e had no doubt" , ;’i ,ll ® , ', lhos ’ Clow -
mid liis notificHti, fi,ul ,llem 111 Ueun-
sitvof tnv going ‘‘ v, j 0l,K ‘ the qitcifr.
Agent Col C- wity (artlier. 1 enquired o'l^flie
■r...., ...... ’ -Otvell
ditl not know what he would do, if the Agent could
be saved. * 4 • ’•
AVc also had lengthy ■conversations as to Hu»
policy of the General Govenmieut ittrctn iving tlies
Indians " of the Mississippi, whjeh he believed
tlie best policy tiigt could be adopted lor tlie
interest of the Nation. The claims of Georgia,
lie htid no doubt would be satisfied ; and it the
Indians were to he removed, which Ite did not
doubt, tlie sooner the better. On tlie second day
of tlie Treaty Ite promised me lie wouid give me
a definite answer as to the ground he would ocy
ettpv on the subject of the Treaty.
After tlie Convention of the Indians nt the Mi
neral .Spring, there was evidently a changuin-
t he conduct of Hambly ; lie was distant and re
luctant at entering into a conversation ou tips
subject of the Treaty.
(in the subject of the sudden departure of a,
port of Hie Chiefs from the Treaty ground, f
have already reported, which report l have un
derstood was subject to the control of tlie cony-
nrittee.
I have lionrd a great number of the Indiana
that could speak English, and other,, as stated by
thosethat understood the English language, spealg
the highest possible terms ol* lien. MMntush.
The old Chief Tuskentiha and Toekabutcliee,-
hayljo, two of tlie Cussetas that left the Treaty
round, stated to me through James Hands, my
interpreter, that they were friends to MMntosh,
and to tell liitn that tlieir hand and heart wiy#
ith him. I do not understand tlie language
myself, and had to depend 011 my interpreter—
hnw far his statements tuny be true 1 cannot tell.
I do not know that I can give any substantial
reason for belie iug that Humbly would subserve
the views of the Agent. 1 did, mid yet believe,,
tlmt Humbly was the cause oftlie Italians leav
ing tho Treaty ground at the Indian Spring, and
under the then excitement of feeling and the
statement of otto Chief, I was disposed to be
lieve that Col. Crowell was privy tu the arrange
ment, and it is from that circumstance, connect
ed with various other causes, that would not bear
detailing, tlmt induced me to believe thut thq
Agent was unfriendly to tlie Treaty.
I have Imd but little conversation with Henry
Crowell on the subject of the Treaty. On my
way out to Broken Arrow, I called at 1 lenrjr
Crowell’s, I think the same evening that he ar
rived home from the 'Treaty ground ; on my en
quiring the prospects of succc-s on tlie subject
of tlie Treaty, lie stated to me that the Com
missioners would not succeed in their ncgociti-
tion—On my enquiring as to tite reason# or cause*
of failure, lie stated as one, that he was opposed
to the Treaty ; that no laud should lie obtained
under the administration of Governor Troup,
To the I lilt Interrogatory lie answers—thut lie
understood in the Nation, that the answer re
ceived froln Big Warrior disappointed his friend#
mid adherents—Mis advice, lie learned, was to
somite M'lutosh, for that he had Hie power to
sell the whole territory—this power it was snid
was delegated to him hy jiower of attorney iu
1817.
To the 15(V tlie w itness answers, tliat Ilam,.
I.ly, the interpreter, distinctly slated to him, tha^
he Imd defeated the Treaty ut Broken Arrow ;
that lie once thought the Commissioners would
succeed, but that In: had used ovSry effort
prevent the Treaty, and had prevailed.
’ W\l. W. WILLIAMSON.
Answered, subscribed and sworn to, this 8tfe
of Jane, 1825. 1
DAVID iil-ACKSHEAU, Chairmen
Helmet from the Journal of Senate.
Fhiday, Juno 10.
Mr. Blacks'hceir made n Report from ilia
Committee on tho State of tlie Republic,
to whom vvae IN’-thncii the subjects of tins
rivmliK't of the Agent of Creek Indian Af
fairs in relation to tire late Treaty will)
tlmt Nation ; and also In respect to tire
murder of Gen. M'lutosh find other of tlqj
Crook Indians ; which report was read,
and on tlie question to turret! thereto, ii r
was tiets’rtniucd in the-affirmative—Ye<|#|.
31-
-Nwys 18.
YEAS.
Mess.
Baker,
Beall,
Blae-kshcar,
Brown e,' Decatur,
Brown of'flnUgoqk,
Cook,
Craw ford,
Gamble,
Gibson, ’
Gilmore,
Hardee,
H til’d inum,
Hull, "
Jones,
Little,
N At 3,
Messrs, Blarkstntq’,
Lorcitmu,
Clcvekiuff
Cuff. V
VfiAS.
Messrs. Maugham,
Maxwell, *
M’Crimiuon,
Miller, '’**•
Powers,
I’rincv
l(n w ltff
Shaw,
Stnekg.
Stokes,
Taj lor,
Tignof,
M biti’h(ft(|j
AVimberly, (Uhl
IVyw* ^
it*-
them on he death of M'kto S h,thoy^„ # „er ed if
was good; 1 was in pursuance of «■ Jaw he fc
cl make at the I olc-tnl Springs, and pnWtgii'ed
at Broken An ew. “
Tuckabn' -voeu, the object of the mvetiiig at
Alnbr —‘'ft—he replied, that the tSoVeruor of
to ,7' ,a " 1<l u,a d e il demand of Big Wairior
uclivcr up the nun,l.uera, or supposi d umr-
terers, ol a family within the limits of Alabama,
ni the event o! a refusal on the part of the
” arrmi^thgt he ilu- Govefitor would send liis
t nvaley m tne Nittibh, and take the Big Warri-
Oi ap.'. ..gve him hung; end that the Warriorwh»
tn^jrrnt distress, and had convened the Chiefs
on that suhject.
Ido not recollect 'that I made any further cwn.i-
rv on the subject of tin- Couniil after leaving,
ny arrival pt Uiattahoucmc]
NiATS;
hirnvvtij
Swain,’
Svvilley,
■Tennillc
W
. (ttlteri^
M'ellborn,
M ill. iutoAy
Huottep,
.... Worthy.
The .Presided of >Sen«c (Allen B, Fovt ell, esq.)
>ted in the negative. »
.KUUlFCtV,
Mitchell,
Moltlev,
r ,,
- itl!fi)4,
Sielleii,
voted ill the negative.
HOUSE ’OF REFitFoSENTACTIVES.
. , FnntAv, June 1(1.
On motion of Mr, {{ardin ta rotieur witlf
^enttto in thu Report imd JtesoIntibR
on tlie conduct ol’ tin’ Indian Apeht,Col.
Jolui Crowell, the Yeas and NnjMYpre ofi
•"How t—Y’i us U4—Nays 28.
,, YEAS. YEAS.
Aloes. Amiersop^. M#»^i». I sill tOff,
< IhiUf,
C’lojjfun^
< o< in hi;*
< OIIF, '
Crockoi',
OlllltMlf ,
linvfMipoV/)
liiilarci, *
Ltougilgl^v,
Ash
'Bnxtpr,
Ben.ling,
M <|sotlg,
Bled u»e,
Bludsfind,
Braid,um,
B* eekiuaq,
Bryan,