The constitutionalist. (Augusta, Ga.) 1823-1832, July 26, 1825, Image 2

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FROM Till- OKORGIA JOURNAL. \\evu\.Q.mvirtei*«, Kam i ii\ Di i’Autmkm’, > Mmticcllo, (ieo,Jti/j 1,, 18.25.) (Jr.NTi.f MKN : Cap:. friplett will hand you a copy of Maj. Caines’ letter to (Jo veniur Troup, ol tin* 10t.h iiist which th- General requests you to insert in your pa pers. The object of giving publicity to this let ter, at tins lime, is to counteract certain false n ut infamous n•/torts cone ‘ruing the adjustment ot Inman dilli ulties, calculated to deceive the public and aggr ivatc the mis fortunes of these helpless and deluded be ings, wlio evince a disposition to re-u die their destiny, and to comply with the wishes of the general government. Very respectfully, yournb’l serv’t, K (J. W. lid I'iiKll. To the Editors of the Milled gevtllc papers. IIKAD-QUAIITK US, K.vstkhn Dki’aui.mkn r, El ini lliuer, ? .liihj 10 111 18-2). $ Sin : The excessive lie.il ol toe weather, added to the many ificmiv. niences and in terra nioits winch 1 have dal, , encoun'ered 1 J , | vr in toe cuurse.'d my visit to the tac k iMa- i lion, lias deprived me ot an plv.tsuiv ol vrii- k| ingtoyour Kx ■ ei -ticy ..s ol ten or as lully | as 1 hav ■ b en desirous <>l d dug. , l( I have now th" ho nr, wiibout entering', into details liial could ml trd nut little inter est, to c mu uunicate la you the result ot my conferences widi the Indians. Alter meet- j in r i,, I,lls state the Cbiuls ol the Mclntosh | party, and ac Hr iken Arrow those ol die op- ( pusite party, and hearing their respective statements with (he evidence lor and against each party,-1 have urged th m to an adjust- , in til of dill I'cnecs) to which they have mu tually assenleu. The .Mclntosh parly demanded retalia tion for their fallen Uhmls, with the imme diate restoration of properly Ink n ot des troyed. Their demands were Imimled on the Hill article, of die l i eaty pt Febi uary last, | which pioiiiisi s on our part protection to “ the emigrating p ny” against lit", whites and all others ; winch potty they (me 11 lowers ol (Jen. .Mclntosh) a.-s iiur themselves exclusively to lie. Whether this provision of the treaty was or was not intended to pr itect tin Greek In dians against Ihems, Ivt s, or to protect ai coinpar.iiiV' 1 - snail part ol litem against the main holy "I die nation, were qucsltoiis i whico 1 was iupptiy not ended upon to de citl • •; as in tim event ol hostilities having subsided, my instructions simply required me In m ake pe.ee upon just principles and to require the complai ants, as will as the opposing party, lo subs ain Iroin acts ol re tali Him or violence. The reputed hostile parlv c ms.sis ol all the principle duels, and of nearly /!>;•/:; ,iine jifiieliis "Ui»he while ot the I lite.ls, heiui nu n .nd wan mis id the na lioa among wham I recognise many who were in our s nice during the I ite war, and who, lo my certain knmvUilge, have been lor twenty years past (and I bunk they have been at all limes) as Irieiully lo the United Stales as lay of our Indian neighbors could have been know n to be. I met them at Broken Arrow, the usual place ol holding the mreal Council ol me nation. I cuuld not, therefore, but view this suuiiosed hostile party is in laclaod in truth I 1 • •* , the Credr .\uli n; and altogether beenl the spirit of hos-iiity ascribed to them. I hive received I rum them, in Council assem bled, the in >st deliberate assurance of tin it determination lu be peaceable and triemily towards tiicir absent people, as well as to wards the United ©hues. They regretted the necessity which they! contend existed 1 >r me sit oog me ism es t:n-y adopted against lien. Me 1 musli aiulolheis, who they add a I’m I nod and last their lives by having violated a well known law of the nation. They have engaged to restore all property taken and to pay lor all that has been deslioyed contrary to law; and they have promised to allow a reasonable lime lor those who have borrowed and run ott'with money out of their notional t reasury, to re imburse the same. The Council strongly and unanimously objected to the late I roo ty as the otVspruig of fraud, entered into contrary to me known law and determined will of the nation, and by persons not au thorised to treat. They relused to receive any part ol the consideration money due uniU t the treaty or to give any ot er evi deuce ol their .eqniesceiii ein it. In con cluston, tiiey cxpiessed the hope that then white friends would pity their deplorable condition, and would do them the justice to reconsider and “undo that which lias been wrongfully done.” 1 have, pursuant to my instructions from the Department ol \N ar, endeavored lo convince the Council, but without success,ol the fallacy id their obj ctioiisto the fieaty, and to dissipate their delusive hopes that it can ever be annulled. I have assured tliem that in all our Treaties with the pow ers ol Europe, well as with near fifty Indian nations, there has not been nut one instance to my knowledge of a treaty having been revoked, or annulled, after being duly rati fied, except by the free consent ol all the parties to it, or by war. 1 yesterday met in Council, near Joseph Marshall's ferry, the Chiefs ot the Mclntosh party, and communicated to them the pro position ol the Council at broken Arrow, to which they have acceded. They promised to return to their homes, as soon as they ate a dvised id the arrival of the United Stales tio u P s i ordered hum Louisiana and i’ensa tola, to the Creek Agency at Chattahoochie. L'he Chiefs of both parlies have distinctly ml solemnly assured me 11 tut they will re uain at peace with each other, and that they rill in no c.se raise unarm against the citi zens el the United Slates—Under these cir ;urnst,ances, u is my duly to notify your ex ellency that there will be no occasion for ■ailing into service any part of the militia or volunteers of the state over which you pre side. I'lte certificate of which I enclose here wi»h a copy, marked A. added to the decla rations ol die Chiels in Council, of whom loseph Mii sh dl was the principle and inter preter, prove that your Excellency has lieen greatly deceived in supposing that the Mc- Intosh party ever consented to the survey ol the ceii' d territory being commenced before the lime set forth in the treaty tor their re maval. This fact giving altogether a new aspect to the subject of die proposed survey of the land, added to a strong conviction on my mind that the attempt to make the sur veys would be a positive violation of the,trca tv ; and will under existing causes of excite ment be certain to produ e acts of i i.deuce upon th persons or properly 01 unolfending Indians, who we are bmiid to protect ; it becomes in. duly I > re.o mstrale against the surveys being e mimenced until the Imlians ■hall nave icinoved agreeably to the I'.eaty. cannot dub! that me fact disclosed by the ccompanving certificate, with the cimcur ent te-viiiion v of me Chiefs in Council, will nduce our Exccllcncy w ithout hesitation to bullion do p j et ol surveying the land lefore the iu-■■ ■tu <>l .September, Ibiili. ja flits wm lie particularly gratifv iog t» me, a is it will relieve me ol the p inful duty ol s iciing, not iu concur/ with the venerated a. iu Inn dies of i enlightened and p.. triune I memb rol the United .states, to whom in slaon pledged bv every principle ol UnitorU ami u a i die soLmm v ol an oaili, tu Served v ' them horn stay and faithfully. < (.■Signed) ji fiUMUNU P. GAINES, j Maj. Gun. Comd'g. I lo his Excellency G. M. i'uoue, Go, rnor of Georgia. A true copy. E. u. VV. Butler, did-de-Can\p. We certify that we accompanied the ex press horn Governor iVoup to Geneial Mc liuosh, ionve. i, g the request that he would allow die surv. > of die land acquired by the t reaty at mo I . .nan Springs, to Lie imme diately commenced. General Mclntosh re [ pi in i that lie could not .ne request, but j would cull the Chiefs together, and lay it before them ; which was never done. (Signed) WILLIAM EDWARDS, Ju.’sEril xVIAIvMIAEL. dt Poriestf, L’psni county, , July *J, 1 825. I certify that inis is a correct copy oi (he original ce.iilicale, signed in my presence,{ ami now in my possession, E. G. W. BUTLER, did-de-Cump. lii consequence of the public,aion of the certificate of Joseph 'liir.sii.il), app< mini lo 100 lellcr i»l lion, (iaiues, il fiecouies ne cu.. iiy mi repUiiliHh so imir.li oi the ooivtispoutlitiice boiwocu (*«• v. r uir t roup ami Gen. lWclnlo«li a> roltiir.s ui Hi assml of uu; I uilians lo the survey of ilu* turmory at filed. Ihe p<tupie will ihuu nave tin.- cvuleu. t: on both sides of this point bet ore uiem. Guv. Tittup to Gen. Mclntosh. EXECUTIVE ill'.l’.VHl MIiNT, ) JUI/rilgei die, ‘djth March, 1825. j Peak General: V m will have seen by my proclamation ol the 2ist ilist, that 1 have resolved in iuliilnieiii ol (he stipulations of lie treaty, to maintain, inviolate all your rights reserved by it, so that you suffer no detriment or loss by the trespasses or iiiuu si.ms .it tne whiles, as long as you continue tu occupy die country. It is important that the territory acquired [bv tiie late treaty, should be org i.i/.ed as speedily as possible consistently wi li the I provisions ol that instrument, ami not doubl ing that your assent wilt be given to the sur vey of it before your removal, I have dis patched a messenger to you tual your reso lution may be communicated to me without delay, it is not presumed that the least in convenience can result to you from this measure. Besides my own determination to cause the rights of the Indians to be respect ed in their persons and properly at all times, there will be a (inure and ample seemity and protection in the selection ol dieutiiceis who shall be charged with die duty ol iuii ning the lines, who snail be responsible, not mil> that no depredations are committed by themselves, but th t none snail be commuted Ibv others without dicir giving prompt notice 1 to the law ful authorities so that die olfenders may be brought lo justice. You will understand that there is no in tention on my part to hurry your departure, die period ol this will he left to your con , Adorations of interest a. d convenience un der tue Treaty, but as the survey is a work of time, this tune can be saved to us so that having completed it, nothing will remain but to occupy and settle the country alter you shall have left it. I wish you by all means lo give me your find answer by inis i expres >, dial 1 may know what measures it ! will become my duty lo adopt. Your ft lend, G. M. TROUP. . Gen. Win. Mclntosh, Creek Nation. i Gov. Troup to Gen. Mclntosh — Extract, , dated Executive Deimutmext, Geo. > dlitUdgevil'e, 41 h .ij.nl, 1825. $ 1 “ 1 wish you to inform mens early as pos sible of youi resolution about die running ■> anil survey of the country as mentioned in - my letter by express. *' You will have seen by my Proclamation, that I have determined the Indians shall sutler no loss or injury from our white peo ple if i can help it—it is intended to guard : [them against those people whom they will themselves consider as trespassersand intru- ! dors, and not to prevent while people from going into the Nation with honest intentions! to make purchase of stuck or property of( any kind which vou can lawfully dispose ol —till such persons will be suffered to pass and repass without ‘molestation. We will endeavor too to appoint good and honest imen lor our surveyors, so that they will do I no harm themselves and sutler none done to the Indians.” Gen. .Mclntosh to Gov. Troup. Acorn Bluff, 6th April, 1825. Governor Troup, Dear Sir: 1 received your letter of the 29th March, hy the hands of your messen ger, win. h gave me pleasure to get. On the I loth of this month the Chiefs will be here, ■when i will lay your letter before them ; al ter which 1 will inform you what we shall agree to without delay. When tills meeting is held, if we agree to the running of the lands, it is my wish that the surveyors should get then support from toe red people. I am, dear sir, vours with respect, (Signed) WILLIAM McINTOSH. Guv. Troup to Gen. Mclntosh. EXECUTIVE DEPARTMENT, } • MiUedgevitle, [hh April, 1825. 5 Dear Gen. cal —According to your wish, is cuoiimuiicated by my express, 1 send you mother to-morrow mor. ing to know the re- li suit of the deliberations of the Council up-'i m the proposition submitted in my last let- 1 er, ami also 'o inform you that the money which was asked to be advanced by me to .■liable, you without delay to explore the countr} W.st ol the Mississippi will be rea dy for you, whenever you send an Agent auuun i/.' (I t > receive it. I wish you to hasten he return of my ex-i press, or if you have occasion to detain him,! to mention to me in your letter the cause of; that detention. Y ur friend, (Signed) G. M. TROUP. Gen. U'ittium Mclntosh. P. S. Tnere is time doubt but that all, or most id our supplies in surveying the coun try will be derived from the Red people, pro vided they are witting to lurnish them, and on reasonable u rms. G. M. TROUP. Gen. Mcmtosh to Gcv. Troup—Extract (luted Lock Uhau Talo-Kau, or I Acre Town, April 12th, 1825.5 “ 1 have been however, at some loss in making up my mind, and must confess io •ou the embarrassment, I have labored un der. Ever since the President of the Uni ted Slates has had Agents residing amongst ns, we have universally considered it our duty to consult him on all important mat ters tnat relate to the General Government, or the government of any particular state, considering him the legal and proper otgan through whom ail official correspondence should pass in relation to onr interests ap p iiaiiii ig to the treaties made with our na tion and the United Slates, j “Some differences existing between the present Agent of the Creek Nation, and myself, and not having any confidence in his advice, I have determined to act acccordingl to the dictates ot my best judgment, which ' results in the determination to agree to the! n quest ol your Excellency in giving inv! consent, and in behalf of the Nation who' signed the treaty, their consent that the land lately ceded to the United States, at the ln-( diun Springs, may be run off’ and surveyed whenever you may or the General Govern ment think proper to do so. II the General Government of the Uni ted Stales have no objection, and the Agent of the Creek Nation, with the party he in iluences, tloes not'lnake any objection or opposition to running and surveying the land, my sell and the Chiefs and Indians who were in favor of the late treaty, do not ob ject— \Ve give our consent.” Gen. Mclntosh to Gov. Troup. Cheek Nation, April 12th, 1825. j To Governor 'Troup. 1 have taken the liberty of sending to you la metnmial ot our Chiefs to the Legislature l . . o jot yum S ale, a; il request the favor of you [to cause it to be laid before them with such [marks of your approbation as you may in friendship towards us, think proper to bc sluw. In giving voluntarily our consent for the survey of the land in the late treaty, we were actuated by motives of friendship pur ely tuwanl you, and toward your people. No consideration of a mercenary nature could be permitted to enter our breasts when a tav.tr was asked ot us, particularly by 'your Excellency, and in behalf of your peo ple. VVe knew the great importance it was ro your people to be ready to occupy the country immediately after our removal from it, and have with true hearts of friendship acceded to your request. VVe would have thought it disgraceful in us to attempt to make a condition founded on your wants or desires, api ice for our acquiescence. The opportunit y presented itself, and we hope the ci ll uinstance will have only the effect [to render ourselves worthy of your esteem ■ .and friendship. ;| I muam your brother and friend, 1 (Signed) I VVM. McINTOSH, Gov. Troup to Gen. Mclntosh. I Mii.lf.dgeville, 1 Btli April, 1825. t Dear General. — In one of your late let- 1 ters you say something about the consent of : the United States, or if the agent and the ’ hostiles do not make opposition. Pray ex- i plain to me your meaning. We have noth- t ing to do with the United States or the 1 [agent, or the hostiles in this matter, all we t want is the consent of the friendly Indians ( who made the treaty. If we wanted the consent us the United States we could ask it. Your Friend, G. M. TROUP. Gen. VVm. Mclntosh, Creek Nation. Trig. Gen. I fare to Gov. Troup. Fayetteville, 14lh April, 1825. Dear Sir: —l herewith transmit to you I ihe resolutions of the friendly Creek Indi i ans, or those who were in favor of the treaty. — As their determination with respect to per mitting the recently acquired territory to be run oft’, or surveyed, is of general impor tance to the citizens of the stale of Georgia, 1 have deemed it advisable to semi them by express, as the most speedy and sure mode: of conveyance. You will also receive by the bearer Vlr Wilson two other letters. Wuh respect, your most obedient ser vant, (Signed) ALEXANDER WARE, llis Excellency G. M. Troup. Gov. Troup to Gen. Mclntosh — Extract, dated \ Executive Department, AlilledgeviUe IC th Jiprd, 1825. “ Dear General : Your two letters of! the l2dt have just been received, by which] it is made known to me that in council \ou have given your consent to the survey of the! lands.” Gen. Mclntosh to Gov. Troup, Creek Nation, 25th April, 1825. Dear Sir: 1 received your Excellency’s request veWerday, dated the 18th inst. and ihereby state to you that my only meaning' ■ was not to act contrary to stipulations made between our nation and die United .Stales Government, and we do hereby absolutely, freely and fully give our consent to the state of Georgia, to have the boundary belonging to said state surveyed at any time the Leg islature of Georgia may think proper which was ceded at the late treaty at the Indian Springs—signed in behalf of the Nation and by the consent of the chiefs of the same. I have the honor to be sir, with great es teem. yours respectfully. (Signed) W ILL IAM McINTOSU. llis Excellency Geo. M. Troup For the benelit ot those who have a right to claim lands of the United States for ser vices performed in the Revolutionary War—wo publish (lie following Forms which were communicated to us some time since by our attentive and distin guished Representative the Hon. John Foßsrni : Ltuu\ VjYaiius. Department oe War. Deputations for the Officers and Soldiers of the lievolutionary liar who acquired a right to Land from the United States, but have not received it. Ryan Act of Congress, of the 1 Gth Sep jternber, 1776, it is provided, that the Olii !cers and Soldiers who engaged for, and con tinued to serve, during the War, or until 1 discharged by Congress, shall receive land in proportion to their rank. I N. B. Those who engaged for three years, or for any other period than during the war, ■are not entitled to land from the United States. The follow ing declaration must be filled up and sworn to by the claimant : State of County of 1, aged years, do, upon oath, testify & declare, that, in the year one thousand seven hundred and I enlisted lor the term of “ daring the war,” and served in the regiment No. under the command of Colonel of the line; and ] that 1 continued in the service aforesaid un jlil the close of the war, when 1 w<as regu larly discharged from the regiment, commanded by Colonel I further declare, that 1 have never re ceived a warrant for the Bounty Land pro [mised to me on the part of the U. Stales; nor have I ever assigned or transferred my claim in any manner whatsoever: therefore, i Know all men by these presents that I, aforesaid, do hereby constitute and (appoint to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of W ar of the United Mates, a warrant for the quan tity of Land due to me as aforesaid ; and my said attorney'is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expres sed. Attest, , 1, aged years, do; upon ■ oath, declare that I have been long acqnain i ted with who has subscribed the a 'bove declaration in my presence, and well ■lknow he is the identical person he therein; ■ represents himself to be; and further, I, I I know, or do believe, that he did perform the] i military service therein stated. Attest, j Before me, personally appeared the above named subscriber to the foregoing declaration, and in rny presence acknowledged the power of attorney there to subjoined, to be liis free act and deed; and, likewise, personally appeared who hath subscribed the above certificate of identity, both to me well known to be men of respectability and truth, and made so lemn oath to the truth of the depositions by them respectively subsciibed, this day of 18 Justice of the Peace. In testimony that the abovewritten was a magistrate authorized to administer oaths, and take acknowledgments, &c. in the State of at the above date, and that bis name there subscribed appears to be his usual signature, i have hereunto aflix ed the county seal, and subscribed my name and quality at this day of C. Clerk , fyc. This law expires 8d March, 1827. DEPARTMENT OF WAR. Regulations Jor the heirs of OJ/icers and Soldiers of the Revolutionary Army , who were slain by the enemy, or who have died since the, war , and have not received r land from the. United Slates. By an Act of Congress, of the 1 Gth Sep tember, 1770, it is provided, that the Officers and Soldiers who engaged for, and continu ed to serve during (be war, or until dischar ged by Congress, and the heirs of such Offi cers and Soldiers as shall be slain by the enemy, shall receive land in proportion to 'their rank. j N. B. Those who engaged for three 'years, or for any other period than during ■ the war, or who died of sickness, fatigue, tor casual'y, are not entitled to land from the United States. w The following declaration (and enclosed blank form of heirship) must be filled up & signed by the proper authorities : State of County of I, heir at law of do, upon oath, testify ami declare, to the best of my knowledge and belief, that did enlist in 17 —, for the term of during the war, and served jin the regiment No. under the com iniaiid of Colonel of the line; and that lie continued in the service afore said until I further declare, that I have never re ceived a warrant for the bounty land prom ised to on the part of the U. States; nor do 1 believe that he ever received it, or transferred ins claim to it in any manner whatsoever : therefore, Knoiv all men by these presents, that I, aforesaid, do heieb\ constitute and appoint to be my true and lawful at torney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quanti ty of Land due to me as aforesaid ; and my ■aid attorney is hereby fuily aullmnz d and empowered to constitute and appoint one or more substitutes or attorneys under him, fortlie special purposes above expressed. Attest, Personally appeared the above nam ed subscriber to the foreguitiu; de claraiion, and in my presence acki or (edg ed the power of attorney thereto subjoined to be free act and deed, for the pur poses therein mentioned. Attest, Justice of the Peace. In testimony that the abovewritten was a magistrate authorized to administer oaths, and take acknowledgments, &c. in Ihe State of at the above date, and that his name there subscribed appears to me to be his usual signature, 1 have hereunto affixed die county seal, and subscribed rny name and quality, at this day of 18 C. Clerk. Sfc, STA TE of County Office, ry evidence was adduced to me, to prove that is the and heir at law in fee to late a soldier in the Regiment of Given under my hand and Seal of Office, this day of 18 The obove certificate will answer for the following States : viz. Maine, "j Massachusetts, | Nevv-Hampshire, ! , . of p robate . Rhode-lslaiul, j ° Connecticut, Vermont, J New-Vork, > c ... p Surrogate. < New-Jersev, ° South-Carolina, / 0r(li Georgia. ) J — — A Ihitch Jew recently died at Amsterdam, who bequeathed funds (or arming and equip ping six 74 gun ships. At his death there were found in Iris house forty-four tubs till ed with crin, bearing the effigy of all the sovereigns of ihe world. Flight days were occupied in counting these pieces. This capitalist, who was in his 96di year, had visited all Europe, Africa and America, and part of Asia. Great Lack in Lotteries. —ln the Lotte -Iry drawn 1 Itli May la*t, Mr. A iron Clarke Uvho keeps a Lottery office at 132. Broad way, sold to a young merchant in Pearl street, ore quarter of the splendid capital [prize of Fifty thousand dollars ! And Mr. Clarke also sold to the very same gentle man, one quarter of the twenty thousand dollar prize in the next succeeding class of the same lottery, which was drawn last i week on Wednesday. [ Com . Adv,