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—' "' ' " ' - * i FHOM THE GEORGIA JOURNAL* H Official Paper* 1— ( licport of the Cotnmisstonei s who represented Gear- j. gin at ihe late conjerence with the Creek Indiana. a To his Jixcelltucy U. M. 'lEuiifj n Sib —Oil the 26th ot June, we had the honor * to enclose to your Excellency, copies ol a cor- 1 respoudunce liehi a the Indian Springs with tie.i. Gaines. Vonr Excellency wdl perceive, mat the “ Commissioners oi Georgia were inhibited by him 1 from any participation in that Council, and in o- ® bedieiice to their instructions, they entered a protest, and without delay set forward for Kurt ‘ MucneH, near Broken Arrow. Atur our arnv- 11 hi at that place, we again addressed a nme (No. c . f> ,) to General Gaines, renewing our request, ( and explaining to him our motives and intentions in wishing U attend Ihe Council. This did noi c appear aalistaciory to the General, ana he udher 11 ed to his previous determination to exclude us 1 iroin the Council as Commissioners, while we 1 were left at nber yto attend as oilier individuals: 1 fsee No. 7.) —We deemed U unnecessary to e.i ' ter our protest against this refusal ■, and deter- J mined not to do so, from a sincere and anxious 1 desire to give no cause of complaint to l lie Gen eral, and to attend tlie Council as individuals, that 1 we might avail ourselves of every means within our power, ol accomplishing the object ot our appointment, ~ After we iiad prepared our letter to General ( Games, (No. 6.) and belore it had been handed ‘ to him, we weie invited by the General to attend ( a talk about to be held lielwei n him and the In , tie Prince—(a copy of this Talk is marked No ( 8 ) From the anxiety ol the Special Agent, .Via jor Andrews, to satisfy the mind »l the Little Prince as to the suspension ol the Agent Col. Crowell, we fell anxious forebodings that we need not expect to find in him a man, who son'hi only to extend nnparual justice to the accused. In me afternoon of the same day (the Ssth June) we rode lo the Asbury Missm (the Methodist Missionary establishment) to see me Kev’d. 1 -aac y nith, (whom we proposed lo examine as awn ness) lo apprise him o that tact, and lo ascertain what time would be mist convenient to bun. When we arr veil, we found Col. Crowell, Maj. Rockwell bis counsel, and Vlaj. Andrews, he Spic’id Agent, already there. Being introdu ced to Mr Smith, alter a short time we informed Inin of our wish and intention to swear and ex amine him u< a witness, and wished to know what time would suit hint Ills answer was, mat any time would be c invuinent lo linn. We (lien proposed lo make the examination on the .Mon day morning thereafter, and enquired ot Col. Crowell, (to whom we had wr.llc.i the letter rr.ark. tl No. 5 ) whether that time would mu him to which he assented. At this lime we were asked by Maj. Andrews, whether we and Col. Crowell had made, any arrangement as to the taking of testimony; to which it was replied, that we had inf irmed each other, that eac should have the opportunity of cross examining the wu ness>.a examined by the other ; and Unit no other arrangement had been made. While these c i versalmns were passing, a gentleman came into the room, wh .in we understood to be the llev. Lee Compere, (the Baptist Missionary, and au thor of the lei ter to the Southern Intelligencer.) lie was informed that the Commi-snmcrs would examine him also, Mr. Compcr made sum _b lections lo being sworn, and lie was distinctly. 1 formed that the law hud provide.! a " "“ u >- .... ..... . nisetautious scruples about taking an oath. He would not say he had any conscienti ms scruples about taking an oath gene rally, but tiiat he h id conscientious scruples about taking an unnecessary oath—that he conceived one n ineeeas.iry in tins case.— That lie wnuh, give a statement, and that was all he presumed Mr. Smith would do. He at last (lectured he would not swear or affirm to his statement, as lie presumed hi* statement would he su licient with the President, without an oath or allirmation ; but if Maj ir Andrews said it was necessary lo swear to it, he would do so—Major Andrews was tuen informed by one of the Commissioners, dial he knew the object of their taking the testimony, and if he would say in writing, mat the statement without oath or affirmation would he sufficient, the Commissioners would be sum tied, l o this It.- replied, that he did not know the object for which they were taking testimony ; that it was » matter between the Commissioners ami Mr. Com pere, am! that he must decli-.e saying- any thing. He was referred to your letters to linn,' as ex planatory of our object. He said he did not think those letters did explain it—He did not know whether we intended to lay the tesiimonj before the President, the Legislature, or Execu tive of Georgia, or before a Judicial tribunal. He was informed that he must know, that it could not he intended fur a Judicial tribunal. Major Andrews persisting in his refusal to give an opinion, and believing the controversy worse than useless, we took our leave. 1 iime.liately on returning to Fort Mitchell, we wrote Maj. Andrews the letter No. 9, which re mained unanswered till two of the Commission ers, Jones and Torrance, left that place for Ala bama. To p sraona not present, and particularly those unacquainted with all the circumstances, this letter may appear harsh, and the m inus ion unwarranted ; but we can assure your Excellen cy that nothing but the most positive conviction could have induced ns to lake this step. Should circumstances have transpired to satisfy us we were wrong, we should most cheerfully have r. traded. But we are sorry for the interest ol Georgia and of truth, we are compelled to de clare, that subsequent events have only confirm ed ns in the correctness of that opinion. In the evening of that day, ..the 24ih) two ol the Commissioners walking along the public road met, and held a ca-iul conversation wills Josi.s i Grsy, a half breed Indian, and one of the Chiefs who ha l signed the Treaty. Hie next morning we received inf filiation that Win. Hambly, (the National Interpreter) had mid Gray that tic.i. Gaines was displeased with him and us for hold ing conversations together, and that he must do so no more. From Gray's statement, No. 24, you will see what was said to him by the Indians. On the morning ol the 26th, two ot the Com missioners walked out, and with them a while man by the name of Richards, (a man who had lived in ths Nation, and had been Interpreter t. the Seminole Indians) who had a claim agsiusi the Creek Nation, and who attended at Broken Arrow to have it settled. After tic returned from the walk, he went into the Commissioners’ room to shew his papers, relative to his claim to one ot them. After dinner of that day, stand ing near one of the Commissioners, he was asked by him what was the name of an Indian who passed by at the time. Upon replying that he did not know, he was requested to a k it. He asked an Indian who stood by, and inform ed the Commissioner the Indian lived below. He was the i told that the name ol the In dian, and not his place of residence was enq liv ed alter. Richards then stated, that he was will ing to give the Commissioners any in.'or. nation »nd assistance in bis power, and to oblige them in any way lie was able, but that he had received bt an o dernotto have any intercourse with the hi Commissioners or to interpret between the.m and li the Indians for any purpose.—He was then ask- t ed, who gave the order ? Was it given by Gen. of Gaines > l o this he answered, the order was not bt given by Gen. Gaines, but that he had received dt an ord r, and begged that no more questions rn might be asked him. About this lime Col. Win vl liainson joined us, and upon consultation, we de lat terminal lo ask an interview with Gen. Gaines, fe from whom we had just received his letter of the h. 26. h, (No. 7.) o assure him of the confidence ot th the Governor of Georgia and of the Commission cu ers, in his exertions and determination to quiet th 'h<- disturbances in the Nation, and reconcile their In differences—lo stale to him the difficulties attend or oig us from the interdict which was placed on our Vl c immunications with the Indian cou itrymeo, w (while men living in the Nation) and with the t Indians themselves—to detail lo him the above N circumstances relative to Gray and Richards— h and to assure him that we would have no inter V 4 course whatever with the Indians, until his bu-o- *1 ness was cl ised, to prevent any misconstruction u of our motives and conduct, if he, Gen. Gaines u would promise on his part, that he w -tlhl keep " the Indian Chiefs there after he was done with in them, and give us an opportunity ot examining them separately and apart from each other be- * fore him. He then stated that Maj. Andrews it would wish to examine them in Council after he ( was done, and that he, Maj. Andrews, suggested 1 the propriety of our drawing up our interrogate- it ries and submitting them to him for his exami'-n- * tion, before they were put to the witnesses. He r. was immediately told by one of our Mission, that h we could not submit to such a requisition from Maj. Andrews ; that if be identified himself wi-b ' Col. Crowell as his Counsel, and proposed such ' an arrangement as reciprocal we would consider h of it. But that he, as ae ng impartially between ’ us, and as a Judge, had no right to ask or de- b mand any such tiling, and that we would not »c H cede to it. We furtlic. ml him that we were () well satisfied, and wt- l.s I no doubt from his f knowledge of the Indian character, that he must r be satisfied of the in ■ 't*v ol examining them in «1 ; Council i that the-, . t neat the same story, c whether true nr t i i .‘d, that the Taik s I would be delivered by man, and thst we ti ‘ could only hope to truth lr-"Ti them v 'by a separate exa moii . m at we wished it in - his presence, anti that mid put our ques ’ lions in writing.- I o i 1 d then assured ns ‘ ue woul I with pi 1 1 us 'all the facilities ‘ in lus power ;th m in p-.w rto detain • |V the Chiefs, (as li used) and that he lt would do so ; lha l he would let us know when 1 II lie was done with llr-m. ami we should then have I" the opportunity of examining them as we wisti ■ ed. We then took our leave, resting with tub 1 r confidence in the assurance- of aid and a siManc,, which we had received. How well our exp. c ” tatious were fulfiled, and how justly our confi l- deuce was reposed, will be seen bv you Excel lency in the report of Cob. Jourdan and Wd [ damson. 1 On Monday the 27th, in the morning, we r paired to the Asbury Mission bon .e, to submit 1 interrogatories to Mr. L. Compere. When we rrived, we again found Col. Crowell, Maj. Rock 0 w 11, and Maj. Andrews already there. Ihe two • latter in a private room, the door of which was *' carefully closed and fastened on our entrance in ) to the house. In a short time Mr. Smith cam. into the room where we sat, and ha ul-d us tin ‘ letter. No. 23. signed by '*•; Compere listed himself as a volunteer, as nm'h/en ’ ssked liy us, nor had we intended to .inn... him. By tins letter, you will perceive they had - come to a positive determination not to swear or affirm to any statement they might give.—With I t l but entering into any discussion as to tile proprie ly of that determination, we submitted some in- ' 'j ferrogatories to Mr. Compere. To these w\ ' 1 could not then receive any answers. We were \ informed they w old be prepared in the cours. I 1 of the day and handed to us in the evening - , as \ 1 the Council was expected to meet that morning » 1 The Commissioners declined submitting ant ques I r lions to Mr. Smith at that time and departed, c 1 leaving the rest of the company together, n s ' doubt to consult and determine on the answer- v J uroper to be given to the questions. When we 1. called in the evening, the answers were already I 1 made out to the questions before propounded. - • and answers made lo additional questions then i submitted. a 1 VVc are unable to give you a proper idea of this f examination. Siiffi ;e it to say, we became well ■uiiidied that any attempt on our part to obtain t ilie truth from men living in the Indian Nation, v (whether white or red) and under the influence i and puwei of the Agent, into whose conduct wo fi were Bien examining, must be frui.less. Fir wh it end I we expect from others, who preten- It .led to have no regard for the sacred ob igaiio.is ii of re igion, when we found a Minister of the Gos pel—an ambassador of Christ—covering himself p with the sanctity of h s mantle to protect hunseif from the cons -quenccs of perjury. When we fi nl ' him prevaricating and equivocating in th? sla c d ment which lus conscience would not permit h.m t lo verify by sn oath or affirmation. Under this r conviction and lo prevent them from preparing a the other wit nesses as they had do ic those about ii Fort Mitchell, it was determined that two of our t Mission should immediately proceed to Alabam.2 to take testimony on the road, and at Line Creek p ind Montgomery in that stale —Messrs. Jones and a forrance were selected for that business. T hey t lef Fort Mitchell, and proceeded as far as Crab- li tree’s that evening, a distance of four miles. In t pursuance of the instructions we had received from your Excellency, Col. Oroweil was served It with a notice on the 28th, early in the morning, n that wi would lake the testimony of Kendal Lew n is and lames Mosg at the house of Kendal Lewis, I about 25 nr 26 miles distant from Fort MilcheU, n 1 it 11 o’clock that day. You will perceive from c Col. Crowell’s letter of that date, (No. 10.) <hot t [ he compl das of the time us 100 short to afford t [ him the opportunity of cross examination. While s we admit the time was short, we deny it was too p ’ bushed tor him to reach there. W'e intended to p ' give only time enough to enable him or his coum a 1 ;el to g t there, and to allow them no time lo tain ' icr with and prepare the witnesses either to an- t ’ swer as they wished, or not to answer at all, c As proof of the sufficiency of the time, we I would refer your Excellency lo the-report of Mes- I >rs, Jones anti forrance, marked A. a The Report of U ssrs. Jourdan and Williamson : , (marked B.) will shew their proceedings and the 1 [ difficult es they encountered during the absence I > ot Messrs. Jones and Torrance. 1 i You will have seen bv a former part of this re ■ noi-t, that two of the members of the mission l . I (Messrs Junes and Torrance) departed from a ■ Port Mi chell on the evening of the 27th fur Lew- j • is’s Line Creek and Montgomery, T'r the purpose , ? if procuring the testimony of certain witnesses -at those places. T > having acc mplished that ' . object so far as they were enabled to do returned • slid j uued the Commissioners at Crabtree’s on j - Sunday the 3cl inst. Having been informed on • that morning ihat Mr Kendal Lewis, to whom no i had propounded cer’aiu interrogatories on the i day before in writing, (and who had at his request , leen allowed a short time to draft his answers) i lad refused to answer them at all and hud also 1 tt he neighborhood tor Ins residence, we determ'm- a d to inform Gen. Gaines ot the same, and reques if him an order, whereby Mr. Lewis might agan. 1 ie brought to Fort Mitchell to testify. This »a> t lone on the 4th hist, (see No. 21.) to that com nunication you will observe that we cautiously a- oided the use of any language, the least calcu s iled to interim.>t the very friendly feeling mani I ssted towards the Government of Georgia and t ,er Coiniiiisaioners by (ien. Gaines, shortly after t heir arrival at Fort Mitchell. VVp sought on yto r urrect wiiat we considered a mistake made b> » ne General, through his aid, doubtless uninten- a imial —to request the order for Lewis, and a copy ' r copies of Hie Talks to, and troin the Indians low tar that communication authorized the reolv t ve received, torhidding further correspondence a vith the United S ales Mission, than in the Creek > falton, touching the objects of the disturbances herein, your Ex eliency will readily determin- c (Vhethe. th* Special Jlccent was included in lhai t dission we know not, but suppose tbs' h ■ Was ; ' aid that onr correspondence may have been close , * iniler a feeling produced by your r.xcellency’s iote to one it its members ( Maj r Andrews) bear s ng date the 3Sth uit. > On me evening ot the 3'! we were notified that t ne Counsel tor Col. Cm well, would ~r'Ci-ed m c ne next morning it 'bout the hour of 9 o’clock, 0 take t.ie examination of W lliain llambly, (the j 1 iterpreier.) In pursuance ol the no'ice, we at tended at the itin. a'd place dessignated. When we arrived we were tutor tied that they were not, l ready, but would tie in a liort time. After w I bad been there about an hour, wa w ire informed t i oat hey were readv to close the exnninauon of t Mr. Humbly. To our surprise, we (bunJ that the « waole ol he testimony of me Interpreter nad i been c intoned to paper by Coi. Crowell’s Cuuo r sel, before we were called in. It was mad to him i by the Counsellor of the Ageot, who stated t" i the witness hetore h hwgan, that he would read t over his testimony agon, slowly ami t.li»uncil> — i He did so and men said. Mr Hambly, “ I have i read iver the testimony slowly an 1 distinctly—in- i deed not mice hit tw i or three times —and y u i can say if any tiling is wrong.”—The witness i said all was right, and then swore to me slats inent.s he nad heard read a; true; such « ours.- we considered very unlike wba’ is tenm-d an ex- i ■i mi nano a. (laving hear! the testimony of Mr. i ia.nbly, w_- d termined not toai once not io cross interrogn'e him; his evidence bei ig mainly c n i fined to points u' f ecting the means 'thereby the ime Indian Treaty was obtained, and attempTol b a selection of statements, dial we believed t be i woolly labe and unworthy ot credit, to detain. , die lair character of the United States C irnis loners and every person coins ;ted with them m ilieir iutts as such—Such testimony, it from i respectable char.tc ers for truth, might be con sidered imparts it if the Cover .mi it of m ; Uni ed States wsre prosecuting ait enquiry by her Special tyim, whether or not a ira . i o«d been com pitted upon mat Govern nent bv her Com mis.ooner-. Such an opinion we could not lor a moment entertain. A perusal of the testimony of Mr. Hamb y would convinc ■ you in a mom nt of the cor e t uess of the opinion we hold in relation to his ve racity. lie has furnished abunilant matter for the remark, \ou will see from Col. Crowell’s letter of the 2Jth ul . (No. Id) in two of tiie Commissioners, .hat h* ri.mi.no'S of unfairness in our coudu I ‘-aving giv n him notice that we should pro ceed to take testimony at gome distance from Broken Arrow, durimr ■'> the 1 . Tan Cum i because sav- he, “it was of nine , mp i tance that I shoul I be present at the Conn e od.” I he. Commissioners were nit allowed to 1 he, present at that Council, and wherefore i> could have been ot ‘ much importance*’ for as. ( oHi. tr ol the (General Government to be present, ' wli > was then suspended from the functions ot h s J (lice, is for him to explain. We had distinct \ k beard in pub' C no n Gen. Gaines that it was nia v wi, i that no white man should hol t ‘‘any talk” {' with the Indians until he Whs done with them. - c From the course pursued by the Ag .-nl at >\ih- ' c m cd and his permission 1 i do so (fur the omit sion it prohibit him wis pe mission) In- su pen in h was purely uommui; it wa-a mere mockery We 1 haven douit bu that ids free admission into ih a Indian Councils, a led and assi-ted nv his forme n Sub Agent, Mr. Walk r, gave to him quite a much influence over ,he mind of ui Indians 41 as he ever exercised in the days of his utmost c prosperity and authority. « How welt the 1 >dians adhered to the ipstruc tion ot Gui. Gaines, in i.oi receiving talks from « white men, you can determine, warn you ex.m 11 i e the written replv made by 'hem to him as of. J] fic.al—ln that document you will ibs. rve that they n peak of the •• usages ol the U uted States—ot her constitu ion, and the principles by which site is governed.” Truly a savage production. Upon the subject of a la v, which the hostile l > party allege that Mclntosh violated, and which led Jj 1 oh-s death, you are referred to the report ot Messrs. Jourdan and Williamson. VVe have n doubt from the very many contradict my stories 7 that we have heard in the Nation touching the o pg n and enactment of sucli a law, that no such . wis ever known among the Creeks—we are con- ■* firmed in this opinion by the reply of Gen. Gaines to the friendly Chiefs at the Indian Springs on the f Jdth ult. It we are correctly informed upon that ® point, he there stated that he had read their law- « and Was gratified to find none so sanguinary' as h that alledged by the r enemies to exist: under co- c lor of which it hss been staled that the murder of tl Mclntosh wa- perpetrated. " The Chiefs in Council did not pretend that they had any such hw reduced to record. A white b mutt who informed one of the Commissioners that lt ne had resided in the Nation 20 or 30 years, s ( .a- *] t- d that he knew of no su ft law. The very man- oi ner in which these unfor unate men were put to R death, prove- that the Indians did not execute ‘ them for having violated any liw. VVe believe c l lat when it bee'nies necessary to inforce such sanguinary edicts upon any at that tribe, ‘he cut *' prit is arrested and conducted to some town or u public sq tare in tlie Nation, a,d there undergoes t‘ a species of trial,- sentence of death is then pr i- “ inunced : the accused is thereupon publicly put a to death by shooting. How, unlike such a pro <j cedure was (lie foul inurd r of Mclntosll snd his 1 Iriends : Ids li >ust was surrounded at the dea, hour of night and set on fire by a bund of lawless ' assassins, and there encircled by the scorching J, flames produced by the conflagration of his own * mansion, was he inhumanly and most unlawfully put to death- When witnesses are calf d on in the Nation, who it is supposed know something i ol the Indian laws and Indian policy, they account o lor these murders by saying it was for violation of ” their law—which law, answers a church Mission , ary, was " seen by nobody ” When asked wha y law condemned to dea n a distinguished man a a nvmgst them who was of the party slain, but who did not sign ;he Treaty? The answer is gravely y g'vsn by a Kev. Clergyman “ The I, tw o/ jYa- 1 lions (see Mr Smith’s tesrim my.) It would " have been well if tb s dignitary had info tried ns 5 Hi n the Indians adopted the principles Vatteb| l M-rtins and Uynker-liook Toe g" »ss utcmis •j. c icies in die statements of the Ind. ui, and win e ( men resident amongst them, to ts.abl.sh the ex-) 1 istence of such a law, fix indelibly on the minds if the Commissioners, that no such law is, or ever was. The argument in support of such a law moves too muen : the Agent himself did not re ly on it at the commencement of these Indian dis turbances. As an instance of the determination of lhos> gentlemen, residents in the Nation who have as sumed the robes of sanctity, to avoid any thing like plain truth whenever it was to operate agains the Agent or Hostile Chiefs, we call the aiten non of your Excellency to our Tenth Interrogato ry to the R'-v. Isaac Smith. You will observe shat he ha- thought prop r to take the liberty to ■ Iter that Interrogatory to read in such away as would, according to his notions, give him (he op p irtunity ol an answer. It is under the words that he has interpolated into that interrogatory and without our authority, he has lurnished u with Ins national answer. We shall not Here express an opinion on this c nduc of Mr. Smith, nor shall we say what migli l ue the con eqitences to him if he had dme this, with.n the acknowledged jurisdictional limits ot Georgia. How far tlie whole of the testimony tiken in support of the ci arges against the I idian Agent su-tains those charges, is not for us otfic ally to de (ermine t nor do we desire to express an opinion of a i characlerupon the subject. There is a subject not directly within the ob j cts of our appointment, but inseparably con ec";d with the Treaty and ns consequences, up n which we beg leave to offer a remark. It is upon the subject of the c mtemplated survey oi the ’Territory lately ceded.—During the stay ot the Commissioners at the Indian Springs, ti)re" of them w.-re informed by several of the lead ng Chiefs ot‘he friendly par-y, that they were vvdl ■ng and even d-siruus that the survey sh mkl ne niide during the ensuing Fall, and assigned as a reason, ilia; the surveyors and their people b iug amongst tuem at that period, would affjr l them an "pp .irtunity of disposing of much ot bair products 1 1. at they could not transport with tiiem to tie westward \ ih.«t they intended re moving beyond the Mi<-is ippi before another crop wis made, if the government would pay the.n i ie money according o me terms of .he Treaty. Uo.inecied widi Hus Sir, we remark, that it is m what strung , that the Chietb who resid be yond t limit- ot the Term ceded to the U . itod States for the b-nefit of Georgia, am the on y duels with a few ex eptions. so tar as we ar. intormed, who are opposed to the survey. Toe act is notorious we believe, that the Chiesam ■ heir leulei s who oppose this meas ire, art r si dent near Tallapoosa river and Alabama. VV hat i j i y '.lien can they -us'.aui by the survey ? Herewi h we transmit to your Excellency, Co pies ol our tdorre-poudence with G-ue al Gainc: a.dM.j ir Andrews, connected wi it tli- subje.t umbered Irom one (1) to twenty three Hie exe cu ion of the duties assigned to us. The Test-* mmy of several nthcr witnesses will be receive ; vt ppor undy for their examination has noy t its red. VVe shall proceed lo close the several examinations as early as practicable, and lor h w ih report to you the same. Wi'h considerations of h gh re-poet, we !i»vl be honor to be, Sir, your Exce.llency’s üb’i. set vants. VVARIIEN JOUKD VN, WM. W. WILLI AMSON, SEiBOIIN JONES, WM H. TOKUANCE. Milledgevill'., 16th J.uv, 18J5. Report of Messrs. Jones and Torrance. Gentlemen : \\ e urrivetl at Kendal Lewis' about 10 o’clock on ih.* •••'’*uinr of *•»** ol June. After waiting; some time, w.* entered ii>*o conversation with Kendal Lewis and were informed by him that he whs present when the observations were m >de by trol John Lrowell, the Ag;ent, which were proven by .Jesse Cox , (bathe had seen ( ox’s st.ilement in the newspaper and that Con h id sworn lo the truth ; and find not told any more than was said. We informed Mr. Lewis we had come on to take his testimony; to which he objected, saying ho i.d not know tiling hut what he hud heard. We told him we wished to examine him as to what he heard C rowell say. This he said could be prov ed by others ns well ns himself. That Jesse Cox, Drury Spain and others were present and that <ox had sworn to it and that was sufficient. We told him that Cox h .d sworn but that we understood the Crow ells said Cox had stated a lie. H e said Cox had sworn to the truth hut th.it he could not give his testimony. —VVe then told him we would apply to Gen. Gaines for an order to compel him to ap pe ir before him to give his testimony, which we had not a doubl lie would -/ive ; but if he refused we would make a statement of the facts to th* Governor of Georgia and he would apply for an order to the Secretary of War or the President. He said he would not -rive his testimony, but if Gen. Gaines issued an order he would not disobey his order. We then wrote a letter to Cols. Jourdan and Williamson informing them of these facts and requesting them it apply to Gen. Gainesforan order lo require Lewis’ attendance. While urging Mr. Lewis lobe sworn, wc enquired into the cause of his refusal. He declared that he was afrai-l all his tly would be taken away from him if he testified. He told us that it was generally understood among the Indian countrymen fwhite men in the nation) that if they all adhered to the Agent and he was not displaced, the treaty would be broken and they would get their land back, but if (hey testified against him and he was dis charged the treaty would be good and they would have to give up their lands; and that they were all afraid they should loose all their property if they swore any thing against the Agent. About c 2 o’clock we took the testimony of James Moss, and a bout 3 o’clock left Lewis’ and reached Cornell’s house, 20 miles off that evening. We proceeded to Montgomery, Alabama, and took the deposi lions of John A. Peck, Henry b inch and John M. Bach. Being unable to find Capt. Anthony we returned to Crabtree’s on Sun” day the 3d of July and joined the other Commissioners. SEABORN JO.VES, WILLIAM H. TORRANCE. To the Georgia Commissioners. Milledgeville, 13th July 1825. Report of Messrs. Jourdan and Williamson. Gentlemen: On Tuesday, the 28lh ult. we proceeded lo the duties assigned us in relation to preparing and arranging interro gatories lo be propounded lo several of the Head Chiefs of the nation, and also lo some of the while men resident there, which we proposed to have answered immediately after Gen. Gaines had announced lo its that he had concluded his business with the council. in a conversation shortly afterwards with General Gaines, on this subject, one of the Commissioners frankly staled to him that we had no reliance on aid being afforded us from any other quar ter. He staled in confirmation of his former assurance lo us that he had the power through the Agent for Indian affairs to assem ble the Chiefs and Indian countrymen at any time and place he thought proper, and that our wishes in that particular should be atleuded to. From this twofold assurance, we felt confident no obstacle would be interposed, a iist of witnesses we were desirous of examining was made out and nanded t > Gen. Gaines. Interro gatories corresponding were made out which consumed two or three days in the preparation and arrangement. From an exami nation of tne correspondence herewith submitted, you vvll per ceive that an objection was interposed as coming from the Chiefs to the transaction of any business with the Georgia Commission ers, unless in full Council and the insulting and indecorous lan guage in which they were indulged in communicating that objec tion to us. i*uu will also be informed that the objection was sus tained. Our feelings will not permit us to comment on ttiis trans action in a becoming manner, because it would necessarily in volve the integrity of character which ult should sustain holding high offices under, and jtossessing the confidence of the General Government. When it suited Gen Gaines’ purposes and con venience, we were denied a " participation” in the council for reasons staled.— vVhen it comported with the views of the Chiefs lo enable them to evade truth we were invited lo the cojjm il. When while men attended for examination who il was believed had honesty enough to swear the truth and through fear for their safely evaded it; the exercise of the power which could coerce their attendance was denied. You will not need the spirit of inspiration to enable you lo un derstand and pr pcrly appreciate (as we believe) the motives which influenced such conduct, when you are informed that Gen. Gaines declared in our presence and hearing that the statements of lio-poelhle yoholo made in council were true, and that it was impossible lo resist the conviction , that he Gen. Gaines would believe his statements against the congregated world. During this conversation, wo staled lo Gen. Gaines that if Ho-poethle yohulo’s statement was understood by us.it was generally untrue, and if lie Gen. Gaines would permit us to examine the Chiefs separately, under any and every restriction he might impose, we pledged ourselves to prove to his satisfaction that lio-poelhle yoholo had lied. Gen. Caines replied it was impossible, and said that he never knew an Indian to ti*ll a lie in council. The Com missioners then asked him if he had not the same confidence in the friendly Indians; lo which Gen. Gaines assented. We as sured him that if flo poethle-yoholo’s statement was submitted lo Idem (hey would give il the lie and that their statements would be confirmed by the Commissioners on the part of the United States and wvery person attached lo the mission. To which Gen. Gaines replied, he would submit our proposition to the council the next day. s From such unqualified declarations, (to say the least of them'' very insulting to the character and dignity of the State, with the r testimony of the U. States Commissioners, the testimony of many V other respectable witnesses confirming their statements in lion to one oi the charges, (his opposition to the treaty; staring him in the face, we are constrained to oelieve and to declare to • the world our opinion, that this case has been pre judged, and we are the more confirmed in this view of the subject, when we take r in connexion the views of the Special Agent couched in his let ter to Col. Crowell, lately published in the Patriot, and which letter from a subsequent letter seems to have been approved of » by Gen. Gaines before publication. The suspension of the Agent with the accompanying explana tion so tar from having the effect to “ elicit unbiased testimony,” produced the opposite result. It was a very general belief enter - laiued by both white and red men, that his removal from office g was certain. When therefore the faci was pumirly announced at Broken Arrow that he was suspended temporarily, and that 100 1 from mere courtesy to the Governor of Georgia, the effect pro- St duced was odviou* and extensive. Tne conviction could not be . resisted: his reinstatement in ottice was no longer doubted. We s shall stilt feel the influence of his authority and power. This was remarkably exemplified in many cases, a few of which will be ci ted. The case of Kendal Lewis, of which you are informed, who - eloped secretly without testifying. The case of a respectable gentleman resident in Florida, wbo for having casually Conversed with one of the Commissioners, was ordered (as he slated) not to s hold any con\ ersatiun with, or interpret any conversation held he » tween the Commissioners and Indians; who was grossly insulted puolicly by Gen. Gaines, and his head threatened to be cut off. ’ The case of Josi- b Gray (one of the chiefs aho signed the late • treaty,* who had a like conversation with two of the Commission ers, was told by Hainblv (as he Gray informed us,) that General j Gaines was much offended with Inrn and us. The case o an In dian whom we hired as a pilot to facilitate an examination of the • river, with a view to ascertain where the line of Georgia would leave the Chaltalioochie ; on his being spoken to by some persons j to us unknown, he immediately returned the money given lum for the trip and said he could not accompany us, as he had been much abused for consenting to go. The case of Mr. Martin, ug t • m m who had been selected by the friendly chiefs to write talk, for this litle manifestation of friendship ne was mu« suited and abused and threatened with decapitation. Dunn e developement of these untoward occurrences an express w; > ceived from his Excellency the Gov. notifying us of ms wish the Indians should be made acquainted with the intentions of* out government in relation to the contemplated survey, and the *,»*• cency of the measure. In ooedience thereto a short talk was t pared. \Vc attended the council for the purpose ofcommu' ~a . ling it. Gen. Gaines peremptorily forbid the communication and added that he was instructed to say the survey would be pre vented. I The circumstances and incidents just detailed, trifling and uuinx k porlant as some of them may appear to distant observers, had a most powerful influence in directing every thing in a given chan nel. 1 We have detailed some of the causes which operate the nou fullilment of the principal object of our instructions, and which came more immedi itely under our observation. The following 1 consideration suggests itself on this branch of the subject; tha*t the declaration of Gen. Gaines to the Indians to hold no talks > with white men, operated wholly to our exclusion, and that all conversation about matters, then the subject of investigation and ncgocialion was wholly interdicted to us—the most free and un restrained conversation «nd tommunication was kept up and per > milled with the Indians by all other persons present even with the notorious sub-ugenl, Walker. We feel it a duly we owe to the stale and to humanity, to offecV a few brief remarks in relation to the sanguinary law winch nat been offered as a full justification and extenuation of a cruel ami unjustifiable murders lately committed in the Indian Nation, and to enforce win n the meek, charitable, and unbounded phiian ■ tlirophy of the followers of the saviour of the world have been . called into requisition. If murders, rapine, plunder and devasta tion, are the doctrines besl to inculpate in ihe system alopied by these missionaries, instead of peace and good will to men, and I charity and love as extensive as creation itself, then all Christen dom have to learn what a few missionaries have discovered by a short residence in a peculiarly appropriate situation for the exer cise of the finer feelings of our nature The inconsistent and con trad ctory statements of those wlmse interest it is to establish the law, confirm the. opinion that no such law existed until the Tuck aba tehee and Foie Cat proceedings. Some contend it was passed at Fort Hawkins: there are others who refer to a time for its • passage immediately after the treaty at Fort Jackson—some oth ; ers coiUend for Broken Arrow—while others contend that it was promulgated last year at or near the missionary establishment at a hall-play, and solemnly proclaimed from “a curt on u Je Lord’s • clay.” The latter is the declaration of the Revd. Isaac Smith. . The interpreter, Humbly, from his long residence in the nation* must have known the lime and place of its enactment it such a law was in existence. In his testimony he swears (and from his char - acter we should suspect him of a willingness to swear any thing,) . such a law was passed several years ago, and re-enacted in all the towns. Ile conceals the truth and evades detection by not adverting to the time or place ot its passage. This is the cele brated 1 w not to be found in the national code, and which has never been seen hy any person ; (so says the Rev. Isaac Smith in his examination) which hus been conjured up by white men, (and pul into the mouths of Indians) to suit tneir own purposes, and the pretext for the murder of Mclntosh and his friends. If such a law has ever existed, made and enacted in full council, as contended for with such severe penalties annexed, is it reasonable to sup pose that so much uncertainly would exist as to the lime and place of its enactment ? Is it not irrational to suppose that if such a law was passed with so much solemnity as is apparently urged, the , * nation wuuld not have inflicted its penalties upon those who ce j ded away lands in •• 18 or 19” and upon those who subsequent!* I ceded away the lauds between the Ockmulgee and Flint rivers in 18 Jl. W hen oy referring to the latter treaty it will he found but lvvo Alabama chiefs signed' it, why did this law sleep on those several occasions so important and calling so imperiously for its tQ execution? Wherefore have not iis terms and ils penalties been heretofore proclaimed to deter delinquents from Us repealed vio* lalion ? So much for this imaginary law. " VVc saall proceed concisely to notice twoethcr facts connected , »>•*> these transactions and close this report. It seems to have c > , ? 9 A ed . ,IDn °"ced that the chiefs who gave the order for the death , of Mclntosh ami his followers as well a; those who executed that ie order , w ' re those towns, who were excluded in 11,e late Iren ly, who ceded no land and who sustained no injury, and that Ihe , same chiefs governed and directed in the late council at Broken „ A rrow, with what propriety or justice let those answer whose du , ty ,l IS to make suitable atonement, and repair the wruri” It should n , be recollected hy those who have to weigh the merits and dc m,'n,s of the injured party, and whose duty it is lo judge of the extentof the double obligation imposed hy important services ren dr,red, and Ihe most inviolable attachment and fidelity manifested „ mast trying occasions—that during the late war the . reek . «»tion experienced acivil disunion, Those resideiff principally e “ft'lf geographical limits of Georgia, identified themselves v with the enemies ofthe United Stales and fought in their service t' l * present Interpreter amongst the number; those resident on the Georgia side united themselves with the forces of the United Mates, and fought bravely in our delence. The latter by the t fortuitous and fortunate course of events became Ihe conquerors 1 hey held the country not by the slight and uncertain tenure of possession only, but by right of conquest; a principle recognized i “ v civilized nations and acknowledged by the government of the Jailed States and confirmed by their subsequent acts. It was in pursuance of this inconteslible right, and well established princi , P le lhn ‘‘ he Mclntosh party have held, and at their good pleasure have ceded away at various times their rightful domain. If in any instance they enacted such a law as before referred A I heir , subsequent acts must have abrogated it. The lied stick party was conquered , they lorfeited their lands to the f ailed -lutes, as the price of their dejection, and to compensate the government for the expense ofthe war and losses sustained—By ibis act they were disseized of that common and general interest in Ihe country which rightfully belonged to them previous to the war They became tributary to the dominion of Mclntosh and his followers 7 The United States exercised ihe wght and Ihe power claimed in tile treaty at Port Jackson. They recognised the same power as belonging lo those who fought and bled in her cause by u public • act so long ago as IBH. The United Stales are bound by the uni c versa! principles ufjuslice, by humanity and gratitude for imuor - tnnt services rendered, for attachment and fidelity untnnaled by . the solemn and imposing stipulations of a treaty to do aiiiple’ius , tree to the sufferers, when their sufferings, ruin and distress have s been the consequence of their devotion to the General Govern . merit. Incalling lo our recollection the events alluded to, we find among these signing the late (reaty the distinguished Chiefs l (living) who acted ns officers in the late war. t It only remains lo be seen whether or not the General Govern . meat will stand by ns a disinterested spectator of such tra-ic t scenes will, folded arms, and see her faithful ally and friend mur dered and his family and friends ingulphed in inextricable mise ! ry and rum. Whether the plund rers shall revel in their unholy . gam with wanton impunity. Whether the cries of innocence, the J widows weeping wail shall he mocked al and passed unnoticed, s In line whether the General Oovorrfaent will solemnly promise - protection and refuse it when most heeded. WARRKN JOUIiUJAN, . , WM. W. WILLIAMSON . Jo the ( ommisstonera of (Georgia. s Milledjevilie, 13ih July, 18.75. Copy oj a letter J rum Cfefi, (fan,e* to (Jovernor Troup, 4 HEAD QUARTERS. Eastern Department, > Ind'an Spring, July %&/h, IH-25. $ SIR I have to acknowledge the honor of your Excellency’* ■ letter of the 17th of this month, hy which it appears that you I had “ only a moment to say one word” in answer to mine of - the 10th. r our one word, comprehend in* however, two pretty closely , written pages, coming as d.e-.i from the Chief Magistrate of and patriotic member of tlf United Stales de -1 mands my attention. Not being disposed however, to follow r vour example as to time 1 have permitted . •»- letter to lie on “ my table for a week past, in the expecluti u that a little rellec- « ti.iii would suggest to you the propriety o f ■ .citing some ex* I - pivssions apparently hasty, and calculated '< call lorlh an an- • s - s ' ver partaking of the climate and healed atmosphere in which . I find myself, against which it has been my constant purpose s carefully to guard. But your letter having m< de its appearance > ina newspaper, just now handed to me bv a friend, 1 can no / ,1 longer see the propriety of withholding a reply. r You say “ the certificate of Marshall no matter how procur-i - ed. is one of the most daring efforts Ihtit ever was attempted by, i, malignant villainy to palm a falsehood on ignorant credulity.” j “ ,'Yo / natter /ton- procured" —l will first stale to you the man-, e ner inwhich that (rightful certificate was “ procured,” and them . proceed to show that its “ daring” character consists only in itp d truth, and its direct tendency to expose in part the “ malignant villainy” which has been extensively practiced on the credulitji [i ol many of the good citizens of Georgia and other states in iey . terence to the Indians and the treaty. The facts contained in ,) the certificate in.question were voluntarily and lo me unexpec- I tedly communicated hy Mr. William Edwards and Joseph Maf j -hill, whose signatures it bears. Os the character of A illiam i. K 1 wards, who is a citizen of this state, I have had no means of i knowing much personally. He has been represented to mo bj Col. Broadnax of Pike, and by Col. Philips of this county, as J