Savannah Georgian. (Savannah, Ga.) 1824-1829, August 09, 1825, Image 2

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emta siftkv.Bonnnoii,. rtlLliHKIU or TIIK LAWS or THE union. -* --a 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