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Elates, (h« only People whose areas were
not turned against Franco, i* the onl\
one which ha* been excluded from this
genet ai distribution of indemnity.—
There is in fact, no hardship in now re
funding »o tho American merchant the
value* of those supplies, so long since
wrested from him, which were oltcn
specifically applied to the public service
of France, aud ulwsys formed an ar.co*
•Ion to tho public slock, or the private
means of her citizens. However great
the evils which France may have endur
ed under the reign of Napoleon, the ex
hans'ion and impoverishment resulting
to that country, were alleviated by the
entire amount of the many millions
of property acquired by violence from
our peaceful merchants. It is not ask
ing much, that this amount should be re
garded us having boon loaned to France,
of
garded as having been
and that it should now, alter fifteen or
twenty years’ use, be repaid to its right
ful owuers. The question of hardshi>
might be safely rested on the single con
sideration, whether the citizens ot A-
merica ought to be the final losers of
property, of which, in con-equence ol
the arbitrary measures ot the Itde Eut-
peror, France has for so many years
gratuitously enjoyed the benefit.
But the Committee deem it the less
necessary to press this poiat, as the
French Government, though ofipn al
luding to it, has never denied the justice
of these claims; has admitted the vali
dity of several portion* ,tf them ; am!
makes their allowance an 1 payment, con
tingent, on the adjustment of another
question, in controversy, viz. the pii
vileges claimed by France >u th- porn-
of Louisiana under Ibe eighth article ol
the Convention, by which Louisiana w is
ceded to the United S'ates. The Go
vernment of France maintains an inter
pretation cf that article, in virtue ol
which, French vessels ate gratuitous^
to be admitted into the ports of Louisi
ana on the same terms as the vessels o*
Powers, between w hich and the United
States the discriminating duties hav*
been mutually abrogated. '1 be claim
baa long formed the subject of negotia
tion between the Governments ot the
United States und France, and the for
mer has ever expressed a willingrv*i to
Continue to revive the discussion. It
has however, protested, amt as the com
mittee thttik with great reasoD, against
making the indemnification justly due to
individuals, for wrongs admitted to have
been stiff* red, contingent oo the settle
ment cf a political question between the
two Governments. Allowing for a mo
ment, and for the sake of argument, that
the Government of the Uniied Statut is
wrong in its interpretation of the eighth
article of the Louisiana Convention, this
wrong can afford France no justification
for withholding from individual citizens
of the United States, the payment ol
debts acknowledged to be due. It is,
however, a satisfactory consideration,
that the difficulty thu9 arising, is in a tali
course of removal, lu the oppera'ion
of the existing Commercial Coovention
with France, the discriminating duties
will, on tb« first day of October next, be
mutually repealed, and the controversy
arising on the interpretation of the eighth
article of the Louisiana Convention, will
be thus practically settled. When this
shall be the case, the known character
of the French Government is a pledge
to the United States, that ju-tice will not
long be withheld fr-tn our citizens.—
Once rendered by Fiance, the ind m.ii
ty so loog delayed, will no doubt tie
promptly accorded by the other Powers
From the report of the Secretary ot
State above alluded to, it appears tha
the claims on the vat ions Powers (omit
ting parts of a dollar) amount to the to I
lowing sums :
On France, $9 600 339
On Naples, * 032,939
On'he Netherlands, 160 059
Qu Denmaik, 2,002 280
obligations, nr committing the lights,
the Confederacy, or tlio-e of one of its
members, might preserve, undisturbed,
the iicnee uml harmony of the Union.
Tliey have believed that ft view ot tins
subject, so far as it is necessary to the pur
poses of this inquiry, may he presented to
the Senate by a brief statement ot tacts,
with releretie*;,
First. To tho grounds on winch the
executive Government of the U. States
Ims interfered, and proposes further to in
terfere, with tho proceedings of Georgia •,
and,
Secondly, To tho claims of that Slate,
ami the principles on which she relics to
support thorn.
1. Under an act of tho Legislature ot
Georgia, passed in June, 1825, and the
supplementary, and amendatory acts of
the same Legislature of December, 182.5,
and im surveys were directed of hat
portion of tho territory of Georgia, the In
dian title to which had been extinguished
cont-
hy the treatv of the Indian Springs, o»
hruary, 1823. By the terms of that r
pact, these lands were not to lie surren
derod by the Indium, until September,
1626 ( but the Government of Georgia
was desirous of effecting Its surveys, be
fore the arrival of the period of surrender,
under such arrangements with the Indi
ans themselves, ns would render the net
acceptable to them. The measures which
were adopted to effect this arrangement,
the fact that one of tho Chiefs who had
uNsenled to it, was put to death, and the
subsequent division of t|te tribe into hos
tile parties!, both of whom sought the pro
tection of the U. States, are. within tl,e re
collection of the Senate. At this period,
the Exesutive Government of the Union,
interposed, and having made such inquiry,
ns it deemed proper, forbid the further
prosecution of tho surveys by Georgia.-—
The Executive of that Statu, protesting --
gainst the measure, nevcrthelros submit
ted to the inhibition ; and this Btaie of
things continued until the last session ol
Congress, when a new treaty was negoti
ated at this place, with certain'Chiefs and
Warrior-* acting under tlai authority of it
Council of the tribe. This compact sti pu
lated the surrender of certain lands, with
in limits which it defined, and the abroga
tion of the treaty of the Indian Springs.—
Jt was resisted by Georgia as a violation
of her rights, ai*4 her representatives in
Congress recorded their protect against
the measure. It nevertheless receive.t
the Constitutional sanctions, anti, so far
trs depended on the U. States, has been
carried into effect, by the payment of the j
stipulated price. In the result, it was
found not to include nil the lumls oreupi
ed Ity tha Creeks within the. limits of
Georgia, and the attempt to survey those
which were excluded, was resisted, & the
surveyors of the-Stnte of Georgia, have
Been stopped liy an order of certain Chiefs
of the tribe, who ha.e appealed to this
Government for protection.
The President of the U. States, conceiv
ing the survey by Georgia to be in violati
on of the laws of tho Union, and applaud
ing the forbearance of the Indians, as cal
culated to avert scenes of violence and
blood, which he apprehends would other
wise result from these proceedings, has as
sured them of his protection, and has di
rected the arrest and prosecution of the
officers of Georgia engaged in the survey.
1'hese prosecutions, mid the measures,
which Sony be adopt ed to carry them
into effect, are stated to he founded on
the loth, 16th, Ac I7tli sertionaof un act of
ngrebs, passe,t outhcHOth Mart'll, 1802,
to regulate trade and intercourse with the
Indian tribes, and to preserve peace oil
the frontiers. Expressing his conviction
thut it wits within the competency of the
Executive to have resorted at once to mi
litary force,.or to civil process, for the ar
rest of the officers of Georgia, the Presi
dent proceeds to state the reasons which
have influenced him lo have recourse, iri
the first instance, only to the latter ; but
he adds the declaration, that the act of the
Legislature of Georgia, under the con-
sti-uctiou given to it by the Governor of
that State, and the surveys made, or at
tempted to be made under it, beyond the
boundary line secured by the treaty of
Washington, are-in direct violation of ihe
supreme law of this land; and, if perse
vered in, and the law of the Union remain
unaltered, it is declared thut “ u supenld-
ded obligation,'even h gher than that of hu
man authority, will compel the Executive of
fur to, scvcralh*. sovereign and indepen
dent Stan’s, owing no allegiance to each
other, nor to any cmninuti head.
On the result of the struggle which that
declaration produced, anil which eventu
ated in the recognition of tlm States, as-
severally sovereign ami independent—at»d
on the (act that this right, inseparably in
cident lo sovereignty. has Merer been
yielded to the United Staten.
The exceptions to the princt|i!#.thnt her
jurisdiction it co extensive with her limits,
she contends, exist only in those rases,
where, in conformity to the Constitution,,
the United States, have by her consent, ue
qutred exclusive jurisdiction over particu
lar places i that in other ensas provided
for by the Constitution, the jurisdiction "•
the United States, within tho limits el’ll
particular State, is concurrent with, hut
not exclusive of, tins jurisdiction pf the
particular State, unless the Constitution,
in terms, or from the necessity of the
thing, inhibits the action of the Stave over
the subject.
As an evidence of her right, thus i.nox-
ereise a jurisdiction oo-exu*inmo with her.
limits, slta appeals to the whole history o!
her legislation, in proof of its continued,
uninterrupted, and hitherto unquestioned,
exercise ; to Iter laws and rase I it tin its of
1783, 176f>, 1787, 1811, Iend l^l'),on
the subject ol surveys of land, in tho occu-
pnuey of Indian tribes, find to other arts
of 178.3mul I7S,-\ relatively to-tlie County
of Bourbon, cstuh'.i.- hctf by her authority
on the banks of the .Mississippi, and to the
subsequent recognition hv tho V, (nates,
in the contract of 1802, <>*' tho rights ac
quired under the former act. _ v
She appeals to tho tiintory of tho legis
lation of her sister Stater., having Indians
residing within their limits, on hindit, the
ultimate Tee of which is in the particular
State, all of whom, she alleges, have exer
cised the sumo jurisdiction, which is now
claimed utid lias always been exercised,
l,v Georgia, ami to the principle of tho it•*,-
Gians of the Supremo Court, especial’}-
iit reference to tho grants o
nu, unit slu) refers particularly to tho le
gislation of that State, of South Carolina,
of Virginia, and New -York.
(it further proof of hoc right to survey
lands in tho occupancy of an Indian
hut within her chartered limits, she ap
peals to the decision oft lie same Court iit
$ 16,045 010
This aggregate is exclusive of a large
amount of claims that have been pre
sented since the pieparuticn of th<
schedule ; and there is also, no doubt, a
considerable amount, which, from vari
ous causes, has never been reported to
(he Department of State. So huge an
amount of property, of which our citi
zens have been deprived under rircum
stances closely connected with the rights
of the nation, is too important an object
ever to be lost sight of It may saf. ly
be pronounced a claim, which this Go
vernment, however temperately and pa
tiently it may pursue it, will never a-
bandon. The confidence which the
Committee entertain, that the measures
within the competence of the Executive,
will eventually prove succi s.d’ul, is mea
sured by the reliance which is felt in the
justhe and honor of the foreign Govern
ment*. Till those measures have beeu
exhausted and found inadequate, th**
time will not h ive arrived for Legi-latue
interference. The committee, there
fore, ask-to be uisi hatged from the fur
ther consideration of (he subject
The report was r<ad, and laid on the
table.
IN SENATE OF ThCu.NITED STATES,
Makcu / 1,
Ihe Committee to whjin tva» referred the »erc-
rel messages of the Piesiili-iit of the United
States, of the CthnudSth February, anil a
report and ccrtaiu resolution* of the Legisla
ture of Georgia, »sk leave to make the follow
ing REPORT ; I
The Committee have entered on the ex
amination of the subject referred ro them,
with a deep sense of the magnitude of the
J uestions which it involves, with a strong
esire to preserve the respective rights of
the U. States, and of Georgia, so far us they
ntay he affected by the action of the-fconW-
lative Department, and with » still more
the United Stales to enforce the laws, and
fulfil the duties of theJYutiun, by all the force
fur that purpose committed to Ins charge.”—
Jt is uddep, “ thut the unit of military force
will he resorted to, only in the event of the
failure of ail other expedients provided by
the laws, of which, (it is said,) a pledge
Inu been given by the forbearance to em
ploy it at this time.” Filially, the Presi
dent submits it “ to the w isdont of Con
gress to determine whether any further
net of legislation-may be necessary or ex
pedient, to meet tho emergency which
these transactions limy produce.”
Such are the circumstances under which
this subjeei is presented by the President
to the consideration of the Senate.
On the other hand, Georgia claims the
right to exercise jurisdiction within the
extent of her chartered limits, except on
ly over thut part of Iter original territory,
which by the compact of 1802, she ceded
to the U. States.
She cluiins the right to survey such
lands within tier limits, as may he within
the temporary occupancy of nil Indian
tribe, or to inhibit their survey ; and the
right, also, to extinguish the Indian tide
at her own-cost, if she shall think fit to do
so. She questions the constitutional vali
dity of the act of 1802, if construed to ex
tend to ihe exercise of this power by a
State, in relation to those lands of which
she has the ultimate fee; but if its validi
ty be established, her rights, even under
ilje provisions of that act, she affirms will
still remain.
Such ure the claims which she urges,
independently of treaty stipulations be
tween the United States und the Creek
Indians.
Uuder the treaty of the Indian Springs
and by virtue of the comlract of 16U2. slu
contends that she has acquired un absolute
relinquishment of the Creek title of occu
pancy, to alt the lands within her limits—
that she has vested rights under that trea
ty of which she cannot bo divested by any
act of the Government of the U. Slates, or
of any part, or tho whole of the Creek
tribe. *
She foi"*ds her claim to exercise juris
diction within the whole of her chartered
r^woiivablo.(limits, on the declaration of Jndepen
nvimiv solicitude tou.-'7''*" llv tue declaration ot iiidepeii-
- ~ ----G svffuSi, without violating the j deuce, tho panics to w hioh been,me ipso
the ease of Fletcheruful f'eck., in which :t
was decided that the Indian title to land-,
within the limits of Georgia was not. in
consistent with the title ill fee of the Stair,
to ihe hinds so occupied by tho Indian:'—
that the State of Georgia had power to
grant tha. e lands during Mich occupancy,
and that her grantee might, maintain an
ejectment for them, notwithstanding dint
title ; nr.d she inquires, if the right ol stc - -
vry he net. inseparably incident to the ex
ercise of those right**, the existence of
which is thus determined by the Supreme
Court.
The claim of Georgia, under the treaty
of the Indian Springs, may he briefly stat
ed thus:
Tim compact of 1602, she contends,
hound the United States, in consideration
of the cession made by Georgia, to extin
guish the Indian title to the remaining
lands within her limitb, nntl in their occu
pancy It created an obligation, but did
not confer a right on the United States.
It was simply, she urges, a stipulation that
the expepsc of the extinguishment should
be-puid by the United States, and left them
consequently to settle the amount. When,
through their ngents, th<> • »ntmc\ of the
Indian Springs was negotiated, nntl the
Government had ratified the bargain, the
right of Georgia became, as she contends,
irrevocably vested. Tho authority of the
United States was then at an end. This
Government was functus officio as to tin-
subject; tiic power was executed. If the
agents of this Government had commit
ted u fraud, the United 8'tales were hound
to indemnify those whom they lu-.d injur
ed. If the Indians were dissatisfied, it
was the duty of this Government to ap
pease them by the use of its own iiirmis.
It could not interfere with the fights o/
Georgia. The United States, it is said,
had conferred no right on Georgia. They
hail merely removed an incumbrance
from a prtt existing right; as by the com.
pact of 1802, they were hound to do—
They could not replace that incumbrance
hv a new compact with the Indians. The
Government of the United States, it is as
eertnined, did not pretend to do so ; ot
tho contrary, those who maintained the
validity of the treaty ut Washington pro
fessed to believe, the opinion was distinct
ly avowed on the floor of the Senate, that
hras Georgia was concerned, that
treaty was co extensive with the one ne
gotiated at the Indian Springs. That, if
in this expectation the United States were
deceived, they must look to tha Indians
for the correction of the error ; that they
hnve, in this event, paid money for a con
sideration which they have not received
but that the rights of Georgia remain un
touched. Once vested, amino one,
affirms, will deny that they were so, while
tho treaty of the Indian Springs was in
*nrco, they cannot be divested without her
consent
She denies the application of the Indian
intercourse act to the subject, affirming
that it is directed against the tinuuthoriz
ed intrusion of private Individuals, and
not to nets done under the authority of a
State. She asserts that this is obvious,
from its terms, and front the fact that the
passport of the Governor of a State, c
qiinlly with tlmt «>r th.-. President, dispen
ses with some of its penalties. That it is
directed against intrusive settlements, or
acts done with a view to settlement ; not
to surveys made under the authority of
law. Against such surveys uml settle
ments, she aflirms that the Indians are
protected by the constitution aud laws of
Georgia.
Such, the Committee are induced to be
lieve. is the claim which Georgia will pre
sent to the proper tribunal-.
T'he Committee having considered it
their duty to apply, through their chair
man, to the proper department of the Go-
ineut lo ascertain whet tier any particular
act of legislation was contemplated, or
desired by tho Executive Government,
have been referred, generally, to the Mes
sage of tho President ; nnd, in answer to
a specific inquiry, w hether any appropria
tion of money, by Congress, was tiecessa
rv lo ob'uin the relinquishment, by tin* In
dians, of any claim to tho lands in con
troversy, have been informed that the ex
pense of treating for thut object, might be
defrayed out of the contingent fund, Vinl ‘
the purchase inoney, if u treaty should ho
(lie rffixt sfRsiuu of Congress ; nnd they
h ive been furnished, by the head ol that
department, with a copy ol his instruc
tions to the Agent ol’ the United Hiutes,
residing in the Creek Nation, directing
him to use his exertions to obtain such re
linquishment ; which is herewith submit
ted. . r
The Committee nro in possession oi no
evidence to shew that the State ol Gcor-
g-u has, at any time, manifested u deter
mination to resist the civil authority ol tho
United States. On the Contrary it ap
pears that she has, heretofore, submitted
to the order of the President to desist Irmii
the survey, and the resolutions of her Le
gislature, at its recent session, also refer
red to this committee, contain a direct nnd
earliest appeal to Congress to settle litis
unhappy controversy.
On the various and important questions
which that controversy presents, the com
mittee have not deemed it necessary, or
proper, to express an opinion. The Pre
sident lias referred them to the decision
of the Judicial Department, uml there is
| nettling before the Committee to authorize
j the belief that Georgia will not peaceably
j acquiesce in that reference. They do not,
I therefore, think it necessary to recotn-
' mend any act of legislation, by Congress,
itt anticipation of a conflict between * lie
authorities of the Uniou, and of Georgia :
and unless, as an act of indispensable and
melancholy necessity, they would deem
such legislation improper.
The belief that w e have arrived at a cri
sis, when one of tho members of this con
federacy, placing herself ill an attitude of
lin-uility to the i-«i*id«e, has rendered it
nececsnry to resort to the military power
of the General Government, to coerce her
to submission, would he appalling to eve
ry friend to the Union and happiness of
these Stales : and, though infinitely less
i:t degree, it would he matter of uuatfeci-
e.d regret, to have forced upon us the con
viction, that an titiw iiTUiitod anticipation
of such a crisis, had led to the uunecessa-
North Caroli'- r y suggestion of even a conditional deter-
' mimttion to have recourse to so afflictive a
measure.
i i is Ixffieved to he among those axioms,
which, in a Government like ours, no man
tribe, I may he |t*:rniitlcd to dispute, that the only
security for the permanent union of these
States, is to be found in the principle of
common affection, resting on the basis of
common interest. The sanctions of the
Constitution would be impotent to retain,
in concerted and harmonious action,
twenty-four sovereignties, hostile in their
feelings towards each other, and acting
under the impulse of a real, or imagined
diversity of imerest. The resort to force
would be nliko vain und nugatory. Jts
frequent use would subject it, with de
monstrative certainty, to ultimate feiluy*.*
while its temporary success woidfi Uq va
lueless for all the pur|>oscs of social hap
piness. In such contests, however une
qual, and however transient, the seeds of
disunion would he thickly sown, and ’hose
who may be destined to witness them, will,
speedily thereafter, be called to lament
the destruction of the fairest prospect of
1 civil liberty, which Heaven, in its mercy,
has vouchsafed to man.
The Committee huvo before said, that,
they see no reason to fear that Georgia
,vill not acquiesce in the decision of this
question by the Judical Department. Jt
lias been seen that she has heretofore
yielded to the mere order of the President,
und tho resolutions referred to the Com
mittee, evince thut she still looks with una
bated confidence to the Congress of tho
United States. They enn, therefore, dis
cover no ground for tho assumption that
she meditates resistance to the civil au
thority ot the Union. The indications
which hnve been given of an intention to
employ a portion of her militia, ifuecessa-
ry, for the protection ef her surveyors a-
gainst Indian violence, were limited to
that object. Tlmt they were intended to
oppose the constitutional authority of the
Government, is unsupported by any facts
which have been disclosed to the Commit-
and appears to them unworthy of be
lief. Their confidence in this conviction
been to them a source of ttnmingled
satisfaction. For, although they would
readily apply, if necessary, the whole en
ergies of the Government to the support
of it* legitimate authority, they would, nt
the same time, regard the most remote
preparation for a resort to military force,
for the purpose of compelling a sister State
to submission, as among the greatest of
public calamities.
The committee will not enlarge upon
the frightful consequences of civil wars.
They are known to he calamitous to single
Governments, and fatal to confederacies.
Reason tells ns this, and history, with Iter
warning voice, confirms it. A contagious
fury rages in sticli contests. No matter
bow small tho beginning, or how insigni
ficant the cause, the dtssemion spreads,
until the whole confederacy is involved.
The “ Third Sacred bar,” which ended
in the ruin of all Greece, began in a trifle,
in the attempt of tho Anipltyctions to pun
ish the smallest nieinberoftheconfederacy
for violating some ground which had been
consecrated to the god Apollo. The com
mittee will not multiply examples of the
same fntul character, of which history is
fuII. They will soy, that the li ultima ra
tio regum,” which cannot he resorted to
between two Foreign Powers, until nil
the arguments of reason have been tried
and exhausted, ought not to be hastily
used in a community of States bound to*
ptnfier hy « Government.—
The last argument of kings, should not be
the first among associated Republics.—
The tribunal of public opinion should he
resorted to. . In u free Government it is
almost ns omnipotent over communities
as over individuals. None can despise it.
‘Coupled with a .judicial decision, the em
pire of uuhho opinion will be as binding
as the dicision ofurrus. In this case, the
laws have been already appealed to, aud
the committee most earnestly recommend
a reliance upon their efficacy, nnd upon
that instinctive sagacity of public opinion,
which rarely fails to discover and to sits
tain the just side of every great question.
It has hitherto been the happiness and
boast of tho American People, that, since
the adoption of the present Constitution,
their annals exhibit but a single instance*
in which, to maintain the authority of
their Government, the blood of the citizen
has been shed by the arms of the soldie
ry. It should bo the prayer of every Ame
rican that this tuny ho the last. The ap
prehensions then felt for the cnntinunnin
< I'dur Confederacy are 1'resh in tho recol
lection of the Committee. Nor can they
8(1 hv the iMirnnes of fieplihiicati Lovrrtt-
menus, and their confident predictions ol
the speedy down fu I of ours. I he virtue
and intelligence of the People, co-operat
ing with the inherent excellence ot our
political institutions, sverted the danger,
and preserved the Union. Three entire
administrations have aincc intervened,
without resorting either to the uctuul or
threatened exercise ol force, to sustain
the authority of law. During " portion
oflliis period, our country was involved
in a sanguinary war with one ot tho most
powerful nations of Europe. In its pro
gress, when unlooked for calamity fil
led the timorous with apprehension, and
roused the patriot to redoubled exertion,
a spirit of insubordination was manifest
ed in an important portion of the Union.
A crisis occurred mors interesting tljnu
any other in ihe history of our Confedera
cy, and there appeared reason to appro
hefid th?it the horrors of it civil,, might be
sti|>cra<Me<l to the calamities a foreign
w ar. If evidence were w anting to show
the profound intimate knowledge of the
nature and tendency of our political sys
tem, possessed hy the statesman who then
presided over tiie Republic, it was ut that
lime strikingly exhibited ; and if any
tiling could add to the debt of gratitude
which the ctmutry owes to this illustrious
patriot, it is his conduct on that occasion.
Had threats of military coercion been
used, tho probability of its application
would have been increased, and, under
the excitement which prevailed, the com
mencement of hostilities between the Fe-
.iui-ut und Stato authorities might hnve
tcrniinato*) our existence ns a free and
uniied People. No menace was employ
ed. No threat ofinilitary coercion fulmi
nated. The movements of those to whom
disaffection was attributed, were observ
ed with care, and silent preparations were
made to enable the Government to act
with effect, should the application of force
become unavoidable. The threatened
collision between the Federal nnd State
authorities was fortunately nvoided. Tito
conduct of the parties was submitted to
the judgment of the American People,—
The sentence which they pronounced was
just,and it will remain irrevocable. Pub
lic opinion performed its office, and our Re
publican institutions arose from the shock
with renewed lustre and increased stabili
ty. The honest, apprehensions of tho? e
who hml before doubted their capacity l0
sustain the pressure of danger s>j 1( j t |, e
conflict of war, were dispelled, » an ,j n |] t | )e
hopes which were founded o'., tlic antiri-
pated dissolution of our Confederacy were
destroyed.
f-ueh xvero "the legitimate fruits of the
tviH'ffilP, moderation, and firmness, which
"‘ re then displayed ; and, while they re
trace the history of that period, the com
mittee arc encouraged to hope that simi
lar wisdom nnd moderation will lead to
similar results. They would he unwilling
to give their sanction to different mea
sures, on any occasion of apprehended
collision between the Federal Govern
ment and one ofitu members, but more es
pecially in a case so essentially different,
in principle and character, from that with
wltirli it has been compared, as the pre
sent is admitted to he. It is fur front their
desire lo interfere with those duties which
uvn been confided to the Executive, and
Inch, they doubt not, will he discharged
with ability and zeal; but it becomes their
duty to express the opinion, that there ap
pears to be no ground to apprehend the
necessity of military force, for the pur
pose of enforcing the laws within the
State of Georgia, nnd thut they cannot
concur in the propriety of menacing itt-
opplicatioii, or of adopting any measure
in anticipation of an issue which they do
not apprehend, nntl which every good ci
tizen should endeavor to avert.
The committee have not deemed it ne
cessary to advert to various Other subjects
embraced in the report and resolutions
referrodto them. Some of them involve
questions which cannot, properly, oriiri
mite in this branch of the national legis
lature ; and they do not perceive the ne
cessity or propriety of entering into an
examination of the remainder, while the
principal question which belongs to this
controversy is in a course of judicial in
quiry.
The Committee rely*, with confidence,
on the justice, and the patriotism of the
authorities of the l T . States, and of Geor
gia, in expressing their convictions, that
no such unhappy consequences as are ap
prehended, can result from the present
controversy. They rely on tho instruc
tions and efforts of the War Department,
and on the declarations marie to the Se
note, during the discussion of the treaty at
Washington, hy one of its.members, who
had been actively engaged in negotiating
that treaty, {of the repeatedly expressed
willingness of the Creek Chiefs to relin
quish any little remnant of land within
the limits of Georgia, which, on runniug
the lines of that treaty, might he found to
he excluded,) for the assurance, that this
whole controversy may . be speedily ad
justed, hy obtuiuiug the desired relinquish
ment.
They, therefore, recommend the adop
tion of the following resolution :
Resolved, That the President of the U.
StHtes he, respectfully requested, to con
tinue his exertions to obtain from the
Creek Indians a relinquishment of any
claim to lands within the limits of Geor
gia.
fluff Nay", “ was agreed to hy ibetoUu
iltg vote :—Yeas 25 - Noes 20.'
So the hill was rejected.
made, provided for by nu appropriation at forget the exultation which w us manifest-
liongtess.
SECOND SESSION.
Tuurs oxv, March 1.
IN SENATE.
Mr. Benton, front the Select Cotnrnittoe
on the message of the President of the U.
States ot the 5tlt February in relation to
the differences between tlm United States
nnd Georgia, tnudo a loug report; which
wus read.
FniDAV, March 2.
The House returned the Colonial Trade
Rill, having adhered to their amendment
to thut hill.
The Iri 11 was'thcn taken up, on motion
of Mr. Johnston of Lon., who moved tlmt
tlto Senate eoueur in tho amendment of
tile House.
Tho (notion was opposed hy Messrs.
Tazewell, Berrien,and sSmitli of Md., nnd
supported by Mr. Johnston of Lou. when
the question being tukon, tho mution was
rejected hy tho following vote Yeas 20
Nays 23. «>
Mr. Tazewell then moved that the Se
itate adhere to their disagreement to the
amendment of tho other House ; o,.
which, the question being taken by Yeas
HOUSE OF REPRESENTATIVES
, Friday. Mttnlio
THE UNITED STATE8 AND Gl'.ORiij,
The following resolution, reported yeit,. r ,| lv
hy the Select Committee to whom wni ref t ,,,j
the messages of the President of the U
and certain resolutions of the Legislature
Geovgin, was considered and agreed, to
Jlesolrtd, That the President of the U Slat,*
he, respectfully, requested to continue hia , Xpr
tions to ohtnin front the Creek Indiana. R r( .| jn '
quishnient of any claim* to landi within (Le l|
nuts of Georgia.
The following Messngn was received
from tho President of the U. States:
To the Senate and House of Representatin»
of the United States :
Washington, 3d March, 1827.
I transmit to Both Houses of Congress
copies of communications received yester
day hy the Secretary of War from the Go.
verttur of Georgia, and from Lieut. Vin
ton.
JOHN QUINCY ADAMS.
[Tho communications herewith trans
mitted consist of the Letter of Gov. Troup,
already published by us as copied from
tho Georgia papers, and two Jettera from
Lieut. Vinton lo tho Wur Depewtptent
&c-l— JVal. Int.
Mr. Everett moved its reference to the
Select Committee on the subject of the
Georgia Controversy.
Mr. Forsyth warmly opposed this re-
ference, and after some discussion, mov
ed to lay the Message nud Documents up-
on tho table, and lo print them. 1
Tho motion was iiegutivod—Ayes 51
Noes 63. 1
The discussion was then further con-
tinued by Messrs. Drayton U it*| Wricltt'
when the Message, &c. was referred’ n)
the Select Committee, us moved hv Mr
Everett—Ayes 68, Noes 41. ^
Saturday, March 3
GEORGIA AND THE, U STATES
Mr. Everett, from li.; c Select Committee
to which was referred two Messages front
the President o< the United States, with
resolutions o\ ,| ie Legislature of Georgia,
and other documents, relating to the con-
trovepVy as to the right to certain lands,
v ,u g within the limits of the State of
jeorgiu, occupied aud claimed hy tho
Creek Indians, made a long and detailed
report thereon, recommending the udop.
lion of the following resolutions :
1. lie solved, That it is expedient to
procure a cession of the Indian lamia iu
the limits of Georgia.
2. lie solved, That, until a cession is
procured, the laws of the 'land, as set forth
in the Treaty of Washington, ought to he-
maintained hy all necessary constitutional
and legal means.
Mr. Everett after some remarks on the
lateness of the period of tho session, and
tho unwillingness of the committee, at
this moment, to engage in the discussion,
unless compelled to do so hy a determina
tion of others lu debate the subject, made
a motion that the report nnd accompany
ing documents he printed.
The Chair thought some other disposi-
ion of the report must lir*t he made.
Mr. Powell moved to lay the report on
tho table, and print it; hut withdrew his
motion at the request of Mr. Drayton, who
moved to amend the report, by striking
out all after tho word “ report,” and in
setting tho following :
1. Resolved, Thai the State of Georgia
possesses the right to the soil, and Hie
jurisdiction over the lands within her
limits, which ure in the occupancy of tha
Creek Indians.
2. Resolved, That the State of Georgia
has the right to extinguish the title to tho
lands of the Indians within her territory*
and to legislate for them in nil cases, sub
ject to the right of Congress to “ regulate
commerce with the Indian tribes.”
3. Resolved, That surveying lands in
the occupancy of the Indians, within tho
limits of the State of Georgia, und hy the
authority ot her Legislature, is not an in
terference with the right of Congress to
“ regulate coitunerce with the Indian
tribes.”
4. Resolved, That the treaty of the In
dian Springs having been executed and
ratified hy the Creek Indians, and having
been executed aud ratified on the part of
the U. Status, in the manner prescribed by
the Constitution, and never buying hewn
constitutionally repealed, all the rights
which under it were conveyed to the Stuio
of Georgia, are unimpaired ut this time.
5. Resolvtd, That the President of the
United StHtes lie requested to extinguish
the claim which is set up by the Creek In
dians to the lands in their occupancy) in
tiie State of Georgia, which were not
comprehended in the Treaty of Washing
ton.
Mr. Drayton accompanied the amend
ment with some remarks, disclaiming all
'visit to discuss the general subject, ImV
Staling he had differed from all the other
members of the Select Committee.
Mr. Forsyth went ut great length in-
to. a course of strictures oil the nature
of the testimony referred to iu tjtp. re
port, and on several of the |ioims of the
controversy. 11 c was replied U» by Mr.
Powell, who concluded his reufi.uks, hy
moving to lay tiie report, tho -resolutions
with which it concludes, and tho amend
ment of Mr. Drayton, on r’ lle ta blo, and
print them.
The question was ffivi<ff m i, and tho mo*
tion to lay on the table >. V n3 carried.
The question being thm, on the prints
mg— 1
Mr. Wtckliffb Tnado soma remarks)
which referring Po the merits of the main
question, were p<rononuced out of order.
Alt'..Everett answered, denying that anV
material pa»A of the report rested on the
particular evidence objected to, and advo
cated iIm* printing.
Mr. ’* lay no made some inquiry in re-
( tenet) to the details of the evidence pro
posed to he printed.
Mr. Everett replied, and stated that
them
were certain chasms in the series.;
the reasons for which the committee were
Unacquainted with.
I lie debate was further prosecuted hv
Messrs. Haynes, Whittlesey and Forsyth J
m t.ie cour.su sff which Mr. Barney ii* •
omndeij tlm previous question, but If”
House.did not sanction the call; anil tiff r
some farther remarks of Mr. Forsyth, fI* *
printing was ordered.
Air. Everett moved the printing offlOhT
copies—tifflMI also were moved, &. in,Odd.
The question being taken .on OOt/ff -tlw
inns were 61.Noesf,7.
On motion of Mr. Swau, it was
Resolved, That tho tit,ink* ni'rMs fT wfT'
ho jtrrsentcd to t-hjj U rt. John W..T«j,*jfjf)i j
