Newspaper Page Text
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siftkv.Bonnnoii,.
rtlLliHKIU or TIIK LAWS or THE union.
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uaii.v hater, :
C01INTRV PAPER, :
EIGHT DOLLARS.
: riVE dollars.
him to which ho assented. At this time we truo or fulsc ;• indeed, (list tHo Talk would
wore asked by Maj. Andrews, wliotlicr we
tnd Col. Crowell bed tmtflo any artange-
monte u to the taking of testimony ; to
which it waa replied, that we had informs,
each other, Ihut each should have the op
be delivered by one man, and that we could
only hope to obtain the truth from thnm'by
a separate examination ; that we wished
it in his prosonce, and that we would put our
questions in writing.—The General then as
pursuance of this notice, we attended at the
time and place designated. Who# we ar
rived we were informed that they woro nut
thorhr. he lias Airmailed us with Ins nation- which consumed two or three d»<
, 1 . „r,.n.r...,..l . "’ '
ill answer. . ,
We shall not here express an opinion on
portuuity of cross-examining the witnesses sored us he would with pleasure give us all examination of Mr. Harnbly. To our sur-
ready, but would be in a short time. After. this conduct of Mr. Smith, nor shall we say
we had been there about an hour, we were ’ J *“ —1
informed that they were ready to close the
•in tin,
preparation and arrangement.
examination of the correspondence I, "
with submitted, you will perceive ti,„,
objection was interposed as i **
TUEBDaV MORNING, AUGUST 9.
Public Document*.—Tho highly impor
tant character ofthc Report* of the Com-
miasionors of the atato Of Georgia, appoint
ed to take evidence in the Creek Natioif!
with the interesting facts they divulge, and
the labored production of General Gaines
to the Goveraor of Georgia, which we pre
sent to our readers this morning, from thtir
great length exclude almost every article
from our columns. Our limits preclude re
mark.
We are gatified to learn, says tho Geor-,
gia Journal, that the United States Commis
sioners, Messrs. Campbell and Merriwether,
will in a short time, lay before tho public a
statement ’ of facts connected with their
negneiations with the Creek Indians.
An exposition of this kind is much want,
ed—it will shew that the treaty was conclu
ded as Indian Treaties usually are, and
will also, we hope, expose eome of the
chicanery used from tho commencement of
the negociations, to defeat the object* of
tho Government, and the state of Geor.
gia. It will, we have no doubt, carry
conviction to every impartial mind, and
put to rest the many falsehoods which
have been put in circulation by the ma
lignant and designing.
The Naval Court Martial at Washing
ton, met as usual on the '9th ult. but the
Counsel for the accused not being prepared,
for want oftime, to deliver the defence, the
Court adjourned to meet the next day, Sa
turday It was expected that the defence
would not be ready before the Monday
morning following.
General Layavette arrived in Balti
more on the 30th ult. He was accompa
nied from Lancaster, Pennsylvania, by
splendid escort.
The number of strangers at Saratoga
Springs on the 26th of July, was 1200,
among whom was Joseph Bonaparte.
The"U. 9. schooher Porpoise, Csptain
Ttrker, has been stationed in the Bay of
f undy, to protect the American Fishermen
from the interference which they have ex
perienced for several seasons past from
the British cruizcrs.
If •• Crito" will examine into the his-
tory of the time to which he rotors, he
Will find that the measures of a sister
state, are entirely necessary and justifia
ble, and he may be assured that should
the same necessity exist in this state the
same course would be adopted
examined by the other | and that no other the facilities in his power; that ho bad the
arrangement had boon made. Whila these power to detain the Chiefs, , as long as he
conversations woro passing, a gentleman pleased and that lie would do so ; that he
came into the room, whom we understood would let us know when he was done with
to be the Rev. Lee Compere, (the Baptist them, and we should then have tho oppor-
Missionarv, and author or the loiter to tho tonity of examining them as We — i-Uod—
Southern Intelligencer.) He waa informed 1 We 'hen took our leye, resting with full
that the Commissioners would examine him confidence in the assurances of aid and ns-
nlso. Mr. Compere made some objections sistance,which we had received. How well
to being entorn, and he was distinctly infor- our expectations woro fiulfiled, end how
med that the law had provided, that the a/*- justly our confidence wae reposed, will be
firmalim would be equally obligatory with , seen by your Excellency in tho report of
an oath, when any person had conscienthue Cols. Jonrdan and Williamson.
ecruptes about taking an oath. He would i On Monday tho 21th, in the morning, we
not say ho had any conscientioua scruples | repaired to the Asbury Mission house, to
about taking an oath generally, but that he i submit interrogatories to Mr. L. Compere,
had conscientious scruples about taking an j When we arrived, wo again found Cob
OFFICIAL PAPERS.
Report of Ike Commissioners tclio repretmM
Georgia-at the tale conference with the
Creek Indians,
Tit hie Excellency G- M. Troup ;
Sir—On the 26th of June, we had the
honor to enclose to your Excellency, copies
correspondence held at the Indian
unnecessary oath ; that he conceived one
unnecessary in this case—That he would
givo a statement, and that was all ho presu
med Mr. Smith would do. He at last de
clared ha would not swear or affirm to hie
statement, as he prosumed At* statement would
bo sufficient with the President, without an
oath or affirmation: but ifMajsAndrows said
it was noccssary to swear to it, he would do
so—Mnj. Andrews was then informed by one
ofllie Commissioners, that he knew the ob
ject of their taking the testimony, and il'he
would say in writing, that the statement
without onth or affirmation would be suffi
cient, the Commissioners would be satisfied.
To this he repliud. that he did not know the
abject for which they were taking testimo
ny; that it was a matter between the Com-
missinners and Mr.^Coinjiere, and that he
must decline saying any thing. He
was referred to your letters to him, as ex-
plonatoryofour object. He said ho did not
think those letters did expluin it.—lio did
nut know whether wo intended to lay the
testimony before the President, the Legis
lature, or Executive of Georgia, or before a
Judicial tribunal. He was informed that he
must know, that it could not be intended
for a Judicial tribunal. Major Andrews per
sisting in his refusal to give an opinion, anil
believe the 'controversy worse than useless,
we took our leave.
Immediately on returning to Fort Mitcli-
el, we wrote Maj Andrews the letter No.
9, which remained unanswered till two of
the Commissioners. Jones and Torrance,
left that place for Alabama. To persons
not present, and particularly those unac
quainted with all the circumstances, this
letter may appear harsh, and the insinua
tions unwarranted: but we can assure your
Excellency that nothing but the most posi
tive conviction could have induced us to tnko
this step- Should circumstances have trans
pired to satisfy us we were wrong, we
should most cheerfully have retraced. But
we are sorry for the interest of Georgia and
of truth, we are compelled to declare, that
subsequent events have only confirmed us
in the correctness of that opinion.
In the evening of that day. (the 25th)
two of the Commissioners walking along
tho public road mot, and held a casual con
versatinn with Josiah Gray, a half-breed In-
dian, and one of the Chiefs who had sign
ed the Treaty. The next morning we re
ceived information that Wm. Harnbly. (the
National Interpreter) had told Gray that
Gcu. Gaines was displeased with him and
os for holding conversations together, and
that he must do so no mure From Gruy’s
statement, No 24, you will sue what was
said to him by the Indians.
On the morning of the 26th, two, ofthc
Commissioners walked out, and with them
a white man hy the name of Richards, (a
man who had lived in the Nation, and had
been interpreter to the Seminole Indians)
wholiad a claim against the Crook Nation,
and who attended ai Broken Arrow to have
itsettled. After lie relumed from the walk,
he went into tire Commissioners’ room to
shew his papers relative tu ills claim to one
of them. Alter din tier of that day, Blau-
ding near olio of the Commissioners, lie was
uakod by him what was the name of an In
dian who passed by at the time- Upon re
plying tin t lie did not know, ho was requos-
tedte ask it. He asked ail Indian who stood
by, andinfortned tho Commissioner the In
dian lived below. He was then told that'
the name of the Indiun, aod not his place of
residence was enquired after. Richards
then staled, that he wus willing to give the
Commissioners any information and assis-
Crowell, Maj. Rockwell, and Major An
drews already there. The two latter in a
private ronm, the door of which was care
fully closed and fastened on nurnntranco in
to the house. In a short time Mr. Smith
came into tho room wlmre we sat, and han
ded us the letter, No. 23. signed by himRelf,
Mr. Compere, and Mr. Hill, the last of
whom seems to have enlisted himself as a
volunteer, as lie had not been asked by us.
nor had wem on led to ovini n ' him. By
this letter, you will perceica they had come
to a positive determination not to swear or
affirm to any statement they might give.—
Without entering into any discussion as to
the propriety of that determiiiniion, we sub
mitted some interrogatories to Mr. Compe
re. To these we could not then re
ceive any answers. We were inlhrineil.
they would bo prepared in the course of the
day and handed to us in the evening, as
the council was expected to mcelthut morn
ing. Tlie Coinmissionars declined submit
ting any questions to Mr. Smith at that
time and uepated, leaving the rest of the
company together, no doubt to consult and
determine on the unswers proper to be giv
en to the question. When we called in the
evening, the unswers were already made
nut tu the questions before propounded, and
answers made to additional questions then
submitted.
We are unable to give you a proper i-
dea of this examination. Suffice it to say.
we became well satisfied that any attempt
ou our part to obtain the truth from men
living in the Indian Nation, (whether white
or red)and under the influence and power
of the Agent, into whose conduct we were
then examining, must bo fruitless. For
what could we expect from othors. who
pretended to have no regard for the sacred
obligations of religion, whim wo found a
Minister of the Gospel—nil ambassador of
Christ—covering himself with the sanctity
of his mantle tu protect himself from the
what might he tho consequeinceB to him if objection was interposed as comim, r **
if he had done thia.witbiii tho acknowledged the Chiefs to th« transaction of anv h ™
of a correspondence held at
Springs with Gon. Gaines. Your Excel- tance in his power, and to oblige them in uny
lency will perceive, that the Commissioners' way he was able, but that he had received
of Georgia were inhibited by him from any • an order not to liavo any intercourse with
participation in that Council, and in obedt- the Commissioners or to interpret between
.l-!- i—— ihoy entered a! them and tho Indians for any purpose—Hu
Was
ence to their instructions,
protest, and witnout delay set forward for ; was then asked, who gave tho order! \
Fort Mitchell, near Broken Arrow. After j it given by Gen. Gaines i To this he au-
our arrival at that place, we again address- j swered, the order was not given by Gen.
ed a note (No. 6,Jto General Gaines, renew-1 Gaines, but that lie had received no order
explaining to him our
ins in wishingto attend
ing our request, and e;
motives, and intentions
the Council. This did not appear satisfac
tory to the General, and ho adhered to his
previous determination to exclude us from
the Council at Committionert, while we were
left at liberty to attend as other individuals;
(see No. 7.f—We doemed it unnecessary
to enter our protest against this refusal; and
determined not to do eo, from a sincere and
anxious desire to give no enuso of complaint
to the General, anil to attend the Council ns
individuals, that we might avail ourselves of
every means within our power, of accom
plishing the object of our appointment.
After we-had. prepared our letter to Gen.
Gaines. (No. 6,) and hefore it had been han
ded to him, we were invited by the General
to attend a talk about to be hold between
him and tho Little Prince—(a copy of this
Talk is marked No. 9. From the anxiety
oftheSpeciul Agent. Major Andrews, to
satisfy, the mind of tho Litrlo Prince as to
the suspension of the Agent Col. Crowel,
we foil anxious forebodings that we need
not expect to find in him a man, who sought
only to extend impartial justice to tho accu
sed. In the uftcfnonn of the same day (the
9Rth Jonn) we rede to the Asbury Mission,
(the Methodist Missionary estabishmoot to
see the Rov’d. Isaac Smith, (whom we pro
posed to examine as a witness) tn apprise
him ofthatfact, and to ascertain what time
would be most convenient to him. When
we arrived, we found Col. Crowell, Maj.
Rockwell his counsel, and Maj. Andrews,
‘ the Special Agent, already there. Being
introduced to Mr. Smith, after a short time
wo informed him of our wish and iutontion
to swear and examine him a* a witness, and
"Wished to know what time would suit him,
Bill answer was, that any time would be
tnnveneint to him. We then proposed tn
make tbs examination on the Monday mor
•ning thereafter, and enquired of Co). Crow.
t#ll, to 'Whom we had written the letter mar.
bed No, i,) whether that time Would suit
and begged that no more questions might
be asked him. About this time Col. VV ill-
iamson joined us, and upon consultation, we
determined to nek an interview with Gen.
Gaines, trom whom tve bail just received
his letter of the 26th, (No. 7.) to assure Inin
ofthe confidenc ofthc Governor of Geor-.
gia and ofthe Commissioners, in his exer
tions and determination to quiet the distur
bance in the Nation, and reconcile their
differences—to state to him the difficultie
attending us from the interdict which was
placed on our communications with the In
diun countrymen, (white men living in the
Nation) and with the Indians themselves—
tn detail tn him tne above circumstances re
lative to Gray and Richards—and to assure
him that we would have no intercourse
whatever with the Indians, until his business
was closed,to prevent any misconstruction of
our motives aod conduct, if he, General
Gaines, would promise on his pnrt, that he
would keep the Indian Chiefs there after he
was donn with thnm, and give us,an appor-
tunity of examining them separately and
apart from each other before him. He then
stated that Muj. Andrews would wisbtoex.
amine them in Council after he was done,
and that he, Mnj. Andrews, suggested the
proprioty of our drawing up our interroga
tories and submitting them to him for his
prise, we found that tho whole of tho tost!
tnony of the Interpreter had been commit
tuAo papor by Colonel Crowell's Counsel,
beruro we were called in. It wae read to
him by the Counsellor of the Agent, who
stated to the witness hefore he begun, that
he would road over his testimony again,
slowly anil distinctly—He did so, and then
said, Mr- Harnbly, “ I have read over tho
tuBtimuuy elo ft- and distinctly—indeed not
oncebultwoor three times—and you can
aay if any thing is wrong.” The witness
said all was right, and tlion swore to the
statements he had heard read as truo ; such
S course wo considered very unlike what is
tor-nod an examination. Having heard the
testimony of Mr. Harnbly, we determined
at once not to cross interrogate him;
his evidence being mainly confined to points
affecting the meuos whereby the into Indi
an Treaty was obtained, and attempting hy
a selection of statements, that we believed
to be wholly false and unworthy of credit,
to defame the fair character of the U. S.
Commissioners and every person nomioet-
ed with them in their duties as such. Such
testimony, if from respectable characters for
truth, might be considered important if the
Government ofthe U.Btateswereprosccot.
ing an enquiry by her Special Jtgenl, whe
ther or not a fraud had been committed up-
ort that Government by her Commission
crs. Such an opinion wo could not for a
moment entertain.
A perusal of the testimony of Mr. Ham-
lily would convince you in a moment ofthe
Correctness ofthe opinion wo hold in rela
tion to his veracity. He has furnished a-
bundant matter for the remark.
You will see from Col. Crowell’s letter of
the 26th ult. (No. 10) to two of tho Com
missioners. that he complains of unfairness
in our conduct, for having given him notice
that we should proceed to take testimony si
some distance from Broken Arrow, during
the sitting of the Indian Council, because
says lie. ‘ it was of much importance ihut
I should bo present at tho Council.” Tiio
Commissioners were not allowed to be pre
sent ut that Council; and wherefore it
could have been of “ much importance” for
an officer ofthe General Governmot to be
present, who was then suspended from the
functions of his office, is tor him to explain.
We had distinctly heard in public from Gnu.
Gaines 1 hot it was liis wish that no while
man should hold “ any talk" with the Indi
ans until lie was done with tlioin. Front
the course pursued by the Agent at that
council and his permission to do so (for the
omission to prohibit him wae permission) his
suspension was purely nominal; it was a
mere mockery. We have no doubt but
jurisdictional limits of Georgia. • ness with the Georgia Commismme.,^" 1 '
How far tho whole of the testimony ta- loss in full Council and tho insult ini; an o '"
ken in support of the charges against tho decorous language in which they
r. I! -- A titnnn ., I, n v .v-Wti IB lull ' In m A. I . , . * “
Indian Agnnt sustains thoso charge's, is not-dulgod in communicating that objection? -
for us officially to determine i nor do we de- us. You will also be informed t|„, ",
» J a. i. am—•»*«**«■ An nnlni/tn ill tan nmnlnl iil.iAntl.lM III n n nnnlniMn J Ac. jl m. HIP
sire to express an opinion of an ufficial .objection was sustained. Our Feelin,
character upon the subject. 1. —
the
P trill
consequences of perjury. When we find that his free admission into tho Indian
him prevaricating and equivocating in the [ Councils, aided and assisted hy his former
statement which his conscience would not j Sob-Agent, Mr. Walker, gave to him quite
permit him to verify by an oath or affirmu-1 as much influence over the minds ofthe In-
tion. Under this conviction and to prevent ! dinns, as he ever exercised ih the days of
them from preparing the other witnesses as his utmost prosperity and authority.
1 ’ ■ ■' l_. »... ua.t.s i. How well the Indians adhered to the in
struclions of Gen. Gaines, in not receiving
talks from white men, you can determine,
when you axatnine the written reply made
by them to him as official—In that docu
ment you will observe that they speak ofthe
“ usages ofthe U. SlatOB—of her constitu
tion, anil the principles by which she is gu-
isracter Mpon the subject. | not permit ub to comment on this Iran
There is a subject not directly within tho I tion in a becoming inanaer, becau' 1 '-'
objects of our appointment, but inseparably would necessarily involve the iuteirritv !r
connected with the Treaty and its couse- character which all should sustain
quances, upon which we beg leave to offer a high offices under, and possessing the c?"!!'
remark. It is upon the subject ofthe con-.deuce of the General Government. Wi
templated survey of tho territory lately cc- it suited Gen. Gaines’ purposes aild cn "'f 0
dod. During the Btay of the Commission-, nicuce, wo were denied a “ particimti »
era at tho Indian Hpringa, three of them in the Council for reasons stated tu
were informed by scverul of the leadingcomported with the views of the Chief 11 , 1 *
Chiefs ofthe friendly party, that they were enable them to evade truth we were j nv # ,
willing and even desirous that the survey; to the Council When white men atto ?
should be made during the ensuing Fall, led for examination, who it was believed |j
and assigned as a reason, that the survey-; honesty enough to swear to the truth ' h
ora and their people being amongst them at j through fear for their safely evaded it ■!?"
that period, would afford them au upportu- j exorcise of the power which could co
nity of disposing of much of their products; their attendance was denied. crce
that they could not transport with them I You will not need tlie spirit of insoirat'
to the westward; that they intended ro- j to enable you to understand and nroir.T
moving beyond the Mississippi before anoth- j appreciate, as we believe, the motives Ir \
er crop was made, if the government would j influenced such conduct, when you •
pay them themoncy according to the terms J formed that Gen. Gaines declined in W "
oftho Treaty. i presence and hearing, that the etntem ° UI
Connected with this Sir, we remark, that j of Ho-poe'thle-yoholo made in Council w '
it is somuwhnt strange, that the Cliiofs who! truo, and that it was impossible tu resist H?*
reside beyond the limits ofthe Territory, ce- conviction ; that he Gon. Gaines would i
ded to the United Slates for the benefit of! linve his statements against the con n - **
Georgia, are the only Chiefs with a fetv ex- j ted world. During this conversation
captions, so fur as we are informed, who are; stated to Gen. Gaines that ifllo p 0 < hle’-vo*.
opposed to tho survey. The fact is notori- bein’* ui„t„n,ont 1 I , ) 0 '
oils we believe, that the Chiefs and their
leaders who oppose this nicusure, are resi
dent near Tallapoosa river and Alabama.
What injury tlion can they sustain by the
survey ?
Herewith we transmit to your Excellen
cy, Copies of our Correspondence with Gen
eral Gaines and Major Andrews, connected
with the subject, numbered from one t to
twenty three ,23 inclusive; also the testi
mony received in tlie execution ofthe duties
assigned to us. The testimony of several
other witnesses will be received ; an oppor
tunity for their examination lias not yet of
fered. We shall oruceed to close the sever
al examinations as early ns practicable, -mil
forthwith report to you the same.
With considerations of high respect, we
have tlie honor to he, Sir, your Excellency’s
ob’l. servants,
WARREN JOURDAN,
WM. VV. WILLIAMSON,
SEABORN JONES,
WM. H. TORRANCE.
Milledgeville, ltilli July, IU25.
Report of Messrs. Jones and Torrance.
Gr.NTf.EMEN—We arrived ut Kendal
they had done tiiose about Fort Mitchell, it
was determined that two of our Mission
should immediately proceed to Alabama to
take testimony on tho road, and at Line
Creek and Montgomery in that state. Mess.
Jones and Torrance were selected for that
business. They left Fort Mitchell, and
proceeded as far as Crabtree’s that evening
a distance of lour miles. In pursuance of; verneil.” Truly a savage production
Lewis’about 10 o’clock on the morning ofj
the28th of Juno. After waiting some time, i
the instructions we had received from your
Excellency, Col. Crowell was served w.tli
a notice on the 28th. early in tlie morning,
Upon tho subject of a law, which the hos
tile party alledgc that M'lntosii violated,
and which led to liis death, you am referred
that we would take the testimony of Ken- to the report of Messrs. Jonrdan and Wil-
dall Lewis and James Moss, ut the house uf liamsun. We have nn doubt from the very
Kendal Lewis, about 25 or 26 miles distant jmany contradictory stories that tve have
from Fort Mitchell, at 11 o’clock that duy. [hoard in the Notion, touching the origin
You will perceive from Col. Crowell’s letter end enactment of such a law, that no such
of that date, (No. 10.) that lie complains of was over known among! lie Crooks; wo are
the tune as too short to afford him the up-i confirmed in this opinion hy the reply of
portuuity of cross-examination. While we Gen. Gaines to the friendly Chiefs at the
admit tho time was short, we deny it was Indian Springs on the 20th ult. If we are
too limited for him to reach there. We in- correctly informed upon that point, he there
tended to give only tiruc enough to enable stated that he hud read their laws and was
him or liis counsel to yvst there, and to al- gratified lo find none so sanguinary as that
low them no time to tamper with and pro-! alledged hy their enemies to exist: under
pare lire witnesses either to answer as they j rotor of which it has been stated thut tho
wished, or not to answer ut all. murder of M’Intosh was perpetrated.
Tho Chiefs in Council did not pretend
that they had any such iaw reduced to re
cord. A whi'c man who informed one of
the Commissioners that he had resided ill
the Nation 20 or 30 years, stated that ho
knew of no such law. The very manner in
which these unfortunate men were put to
death, proves that the Indians did not exe
cute them for liuving violated any law. We
believe that when it becomes necessary to
enforce such sanguinary edicts upon any of
that tnibe, the culprit is arrested and coo-
As proof of the silfiic.ieiir.y of the time,
we would refer your Kxctdlcnry to the re
port of Messrs. Jones und Torrance, mark
ed A.
Tho report of Messrs. Jeurdon and Wil
liamson (marked B) will shew their proeee
dings and the difficul ies they encountered
during the absence of Messrs. Jones and
Terrance.
Yon will have seen by a former part of
this report, that two of the members of the
mission (Messrs. Jones und Terronco) do-
IIIIPOIWII I VIII'OC HUM *'I||U||LUI Uf , . .
parted from Fort Mitchell on the evening of ‘’ u,:ted tos ""', e tuw “ 0 1 r P llW,c s 1 uare !" tha .
the 27th for Lewis’s. Line Creek and Mont- Nl, ; 10n > » nd there undergoes a species ot
goniery, for the purposo of procuring the ; »twnteiiee ot death ih then prnounced :
testimony of certain witnesses at those pla- t'm ,accused ns thereupon publicly put^ to
testimony
ces. They having accomplished that ob
jeet so far as they woro enabled to do, re
turned and j ined the Commissioners at
Crabtree on Sunday the 3d inut. Having
been informed on that morning that Mr.
Kendal Lewis, to whom wo had propouml-
liolo’s statement was undcrsiood by us it
was generally untrue, and if he Gon. Guinn
would permit us to examine the Chiefs sou-
arately, under any and every restriction |, 0
might impose, we pledged ourselves to prove
to his satisfaction that Ho-pnetlilo-yolielo
had lied. Gon. Games replied it was im.
possible, and said that lie never knew au he
diun to tell a lie in Council. The Ctiininis-
sioners then asked lum if ho had not tlii
same confidence in the friendly Indians-
to which Gen. Gaines assented. Wo .-,3surl
od him that if Ho-pnt’thle-yoliolo’e statement
was submitted to them they would give ||
the lie, and that their statements would be
confirmed by the Commissioners un liit
part of the United States and every pm,g
attached to the mission. To which tkn,
Gaines replied, lie would submit our prujo.
silieii to the Council next day.
From such unqualified declarations, (to
sny the least of them) very insulting to Hie
character and dignity oftho slate, with the
testimony of the United States Couui.ii-
sioners, the testimony of many ether re
spectable witnesses confirming their state
ments in relation to one ofthe charges, (liii
opposition to the trenty) staring him in the
face, we are constrained to beliove and lo
dcclure to tho world our opinion, that this
„ . : case has been pre-judged, und wo arc llie
we entered into conversation with Kendal j more confirmed in this view of the Bubjed,
Lewis and were informed by him that he when we take in connexion the views ohln
was present when the observations were, Special Agent couched ill his letter lo CU
made by Col. John Crowell, the Agent, .Crowell, lately published in the Patriot and
which Were proven by Jesse Cox ; that he which letter from a subsequent letter sec
had seen Cox’s statement in the newspa- 1
per and thut Cox had sworn to the truth;
and had not told any more than was said.
We inforined-Mr. Lowis we had come uii to
take liis testimony ; to which he objected, _
saying lie did not know any thing but wlmt nyl” produced the opposite" result.' li was
he had heard. We told him we wished to ex- a very general belief entertained by both
amine him as to wlmt he heard Crowell white and red men, that liis removal from
say. This lie said could be proved by others the office was certain. When, therefore,'
ns well us hunsell. That Jesse Cox, Dru- the fact was publicly announced at Brnkrn
ry Spain, aud othors were present and that Arrow, that he was suspended temporarily,
Cox had stvnrn to itjand that was sufficient, and that ton from mere courtesy to the (>«•
We told him that Cox had sworn, but that ernor of Georgia, the effect produced a n
wo understood that Crowell said Cox had obvious and extensive. The conviction
stated a lie. Ho said Cox had sworn to tho could not ho resisted : liis reinstatement ia
troth; but that lie could not give liis testi- office was no lunger doubted. Wc shall
roonpr. Wo then told him we would apply still feel the Influence of his authority und
tu Gen. Gaines for an order to compel him power. This was remarkably exemplify
to appear before him to give his testimony, in many eases, a few of which will be cited,
which we hud not it doubt ho would give; The ease of Kendal Lewis, of which ymi
but if lie refused we would makes slate- are informed, who eloped se'rolfv without
ment ofthe facts to llio Governor of Geor- trestifyiog. Tho case of a reaper■tuulcgou-
gia and he would apply for an order to the tleiuau residoot iu Florida, who for having
Secretary of War or the President. Ho . casually conversed with one of the Cum.
snid lie would not give his testimony, but if. missioners, was ordered, os lie stated, lU
Gen. Gaines issued on order he wuuld not to hold uuy conversation with, or interpret
disobey liis order. Wo then wrote a letter • any conversation held between the Commie
tn Cols. Jourtlun and Williamson informing sioners and Indians; who wa9 grossly i>
them ofthe fncts arfll requesting them to up- suited publicly by Gen. Gaines, and to
ply to Gen. Gaines for an order to require , head threatened to be cut oft’. The cose of
Lewis’ attendance. | Josiah Gray, one of the chiefs who signed
While urging Mr. Lewis to bo sworn, tve; the late treaty, who had a like converu-
enquired into the cause of his refusal— | tion with two of the Commissioners, ».»
lie declared that he was afraid all his pro- , told hy Humbly (us ho Gray infurmed u.-.|
perty would be token away from him if he ; that Gon. Unities was mucli o I fen dod wild
testified. He told us that it was generally him and ns. The casiruf au Indian ivlioiu
understood among tlie Indian countrymen we hired as n pilot to facilitate an examiua-
(white men in the nation) that if they all ad-1 tion of the river, with a view lo ascorisiu
hnred to the Agent and he was not displaced, I where the line of Georgia would leave the
the treaty would be broken and they Would! Chattahoochie; on his being spoken to kv
get their land back,' but if they testified a- some persons to us unknown, lie iminedi-
gainst him and ho was discharged the treaty; atcly returned the money gii en him lor the
would he good and they would have to give ’ 1
up their lands ; and that they'were all a-
fraid they should lose all their property if
they swore anything against (lie Agent,
to hi ve been approved of by Gen. Guinea
before publication.
The suspension of tho Agent, with the
accompanying explanation so far from hav
ing the effect to “ elicit unbiassed testimo-
trip ami snid he could not accompany w>
as he had bocn much abused for consenting
lo go. Tho ense of M. Martin, a gentleman
_ „ who had been selected by the friendly cliieft
About 2 o’clock we took the testimony of to write their talk; for this little maiiil'eils-
James Moss, and about 3 o’clock left Lew- 1 tion of friendship ho was much insulted aod
is’ and reached Cornell's house, 20 miles off| abused and threatened with decapitation--*
that evening. | During the developcment of these untownd
>Ve proceeded to Montgomery, Alabama, | occurrences un express was received freai
and took the depositions of John A. Peck, | his Excellency the Governor, notifying 118
Honry Finch and John M. Bach- Being | of his wish that the Iiidiaus should be made
unable to find Capt. Anthony we returned; acquainted with the intentions of our
to Crabtroe’snn Sunday lira 3d of July and ! --* -• ’-' ,J
joined the other Commissioners
to
death by shootidg. How. unlike such a
procedure was the fool murder of M’Intosh
and his friends; his houso was surrounded
at the dead hour of night and set on fire hy
a band of lawless ussassins, and there en-
_ __ circled by the scorching flamo* produced hy
ed certain interrogatories, on the day be- the conflagration ot his own mansion, was
fore in writing, (and who had at his request he inhumanly and most unlawluly put to
boon allowed a short ti.no to draft his an- deM h. When the witnesses are called on
swore)’had refused to answer them at all, the Nation, who it is supposed know
and had also left tho neighborhood for his something of the Indian laws and Indian
residence, wo determined to in orm Gen., P hIi . c J-‘hey account for these murders by
Gaines of the same, and request of him an saymg it was tor a violation of their law
nrdor, whereby Mr. Lewis might again he w hich law, answers a church Missionary,
brought to Fort Mitchell to testify. This , wa « “ «“» b ’J nobody." When asked, what
was done on tho 4th inst. (soe No. 21.) i„ ; law condemned to death a distinguished man
that communication you will observe, that !* mon f[ 8 t thorn who wns of the parry slain,
we cautiously avoided tha use of any lan- * ,ul wdo dld not s !S n Treaty > The
goage, the least, calculated to interrupt the answer is gravely given by a Rev. Clergy-
very friendly feeling manifested towards mnl ) “ Fhelaw if nations, (see Mr. Smith a
the Government of Georgia aud her' Com- testimony ) It would have been well if thia
missioners by Gen, Gaines, shortly after dignitary hhd informed us when the Indians „_ r „„ „„ u „
their arrival at Fort Mitchell. We sought; adopted tho principles of Vattel, Martins 4. relation to preparing and arranging inter-
only to correct what we considered a mis- Bynkerehnek. J he gross inconsistencies in j rogatories to be propounded tu several of
take made by the General, through his aid,! tl'« statements ot the Indians and white the Head Chiefs of the Nation.«
doubtless unintentional- -to request the order men rt siileut a mongst them, to establish the
tor Lewis, and a copy or copies ofthe talks existence of such a law, fix indelibly on the
to, and from the Indians. How far that minds oftho Commissioners, that no such
. law is. or ever was. The argument in sup.
SEABORN JONES,
WILLIAM H. TORRANCE.
To the Georgia Commissioners.
Milledgeville, 13th July, 1823.
Report of Messrs. Jonrdan Sf Williamson.
Gentlemen : On Tuesday the 28th ult.
we proceeded to the duties assigned us in
communication authorised the reply wo re. „ ..
ceived, forbidding further correspondence port of such a law proves too much: the
examination, before they were pot to the; with the United States Mission, then in the Agent himself did not roly on it at the corn-
witnesses. Ho was immediately told by Creek Nation, touching the objects of tho mencement of these Indian disturbances,
one of our Mission, that wo could not sub-! disturbance therein, vnur Excellency will! As an instance of the determination of
mit to suoli a requisition from Muj. Andrews; readily determine. Whether the Special those gentlemen, residents in the Nation,
that if lie identified himself with Col. Crow- Jtgent wae included in that Mission, we who have assumed the robes of sanctity, to
ell as his Counsel, and proposed such an ar- know not, but suppose that he was; and avoid any thing like plain truth whenever
rangomont as reciprocal we would consider , that our correspondence may have been ' it was to operate against the Agent or Hos-
Ift ’ll < . ft I t, _ I Ln ftn ftftllftM I m A _ ft I II 1 V 7 _ _ _ I 1 It . J.. 1 I - ft 11 #1 L 1 ... . II ftL - 4ft — » '
of it. But that he. aa acting impartially
between us, and as Judge, had 110 right to
ask or demand sny such thing, and that we
would not accede to it. We further told
him that wo were well satisfied, and we had
no doubt from his knowledge of the Indian
Excellency’s note to one of its members . Excellency to our Tenth Interrogatory to
(Major Andrews) bearing date tho 28th ul- j the Rev. Isaac Smith. Yon will observe
that he has thought proper to take the liber-
closed under a fueling produced by your, tilo Chiefs, we call the attention of your
Excellency’s note to one “ " ‘ “
(Major Andrews) bearing
limo. .
On the evening oftho 3d we were notifi-! ty to alter that luterrogatory to read in such
ed that the Counsel for.Col. Crowell would: a way aa would, according to hia notions,
character, that he must be satisfied ofthe proceed on the noxt morning at sbout the give him the opportunity of an answer. It
inutility of examining them in Council; that hour of9. o’clock, to take the examination of: is undeq the words that he has interpolated
they would repeat tho aarne atory, whether William Harnbly, (the Interpreter.) lal into that interrogatory and without our an-
and also to
some of the white men resident there,
which we proposed to hnve answered imme
diately after Gen. Gaines had announced
to us that he had concluded his business
with the Council.
In a conversation shortly afterwards with
General Gaines on the subject, one of the
Commissioners frankly stated to him that we
had no reliance on aid being afforded ue
from any other auarter. He stated in con
firmation of his former assurance to us (hat
he hail the power through the Agent for
Indian Affairs, to assemble tho Chiefs and
Indian countrymen at any time and place
he thought proper, arid that our wishes in
that particular should be attended to. From
this two-fold assurance, we felt confident
no obstacle, would be interposed, a list of
witnesses we were desirous ot examine was
made out .and hwled to Gen. Gaines. In
terrogatories catfespegding were made out,
eminent in relation to llie contornplottd
survey, and the iituoccncy of the measure.
In obedience thereto a short talk was P ,p '
pared. We attended the Council lot I* 16
purpose of communicating it. Gen. Gaines
peremptorily forbid the communication •>>
added that lie was instructed to say l!'
survey would be prevented,
Thu circumstances and incidents just vc-
tailed, trifliug and unimportant os some
thorn may appear to distant observers.# 111
a most powerful influence in directing every
thing iu a given channel.
We heve detailed some of the csm»
which operato the non-fulfilment of
principal objoot of our instructions, a# 4
which came more immediately under c - :
observation. The following considerah 011
suggests itself on this branch of theRubjeet.
that the declaration of Gen. Gaines to i#'
Indians to hold no talks with white
operated wholly to our exclusion, and
all conversation about matters, then the an 1 '
ject of investigation and nogociation, wj
wholly interdicted to us—the most free aa«
unrestrained convereation and coininu» lc, ‘
tion waa kept np and permitted with
Indians by ujl other persons present, «>#
with the notorious sub agent Walker. ,
We feel it a duty we owe to the state*#
to humanity, to offer a few brief rt'tR >r “* t
relation to the sanguinary law whirnn
been offered as a foil justification andex^
uouau ot li;# cruel and unji