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The United Slates and Georgia.
DOCUMENTS,
Creek Agency, Jan. 15, 1827.
Sir—A few dais Mnce, the little Prince
complained 'i» me that (lie Georgia Suivev*
ors were surveying lands West "f the line
of the late Treaty ; and at his request, I
wmte to (hem, in his name, requiring them
to desist from surveying any lands not ceded
by (lie Treaty of VV ashington j but the Sur
veyors not regai ding this demand as etnana
ting from competent authority, persisted in
their U'veys o the line run by Georgia
Commi-si- nets, an the line between Georgia,
and A baina. |
Yesterday a number of chiefs, with the
Prince at their head, requested me to write
ag mto the SU'Veyors in their names, re
quiring of them to stop survey ing the land#
Wes of the line of die Treaty of Washing
ton which I did in the must friendly terms.
A Deputation of Chiefs has accompanied the,
bearer ot the letter with the avowed inten-1
tion of stopping the su veyors.
Toe Chiefs have r> quested me to apprise
you th't the authorities of Georgia had ex
tended their surveys W e.st of the line ot the
Treaty of Washington: thereby violating
the express • lipulations of that instrument;
which they held tube sacred, and to implore
the government to interpose its authority to
protect toem in their rights under that
treau
If G nrgia is permitted to violate that
Treity widi impunity, why may not Ala
bun r and th y ask wiiere are they to look
for pi otertion but to the government of the
United H tes. I have the honor to be your
cbedient servmt,
.1011 S' CKO iVELL, Agent for /. A.
The Honorable James Haruouu, Sec y
of 'Car. Washington City.
Department of W ah, Jan. 29th, 1827. |
To CvL. John Crowell, Agent for the (
Creek Indians. ,
Sir-1 have received your letter of the (
Ij h inst. coaveying the information that the (
Georgia Surveyors, were surveying lands ,
West of the line of lie late Treaty, and ot
the me. sun s which have been taken by the ,
little Prince mid others to prevent them ) <
also the message ol the Chiefs, imploiing
the Government to interpose its authority, ,
to pr dect them in their rights mulct the
Treaty of Washi’ g on.
T e President directs me to convey to the ,
Little Prince a d the head men, and wani- ,
ors of die Orerk Nation, his assurances that ,
he feels the binding obligation of the Treaty
of Washington no less forcibly than they ; (
and ihai it is his intention to execute faith ,
fully every clause and condition thereof. |
To this as-urnice he directs me to add, ,
further, that he will take immediate steps to <
secure to them all the rights as they arc |
guarantied in said lieaty. But the Piesi
dent expects h of tin* Cieek Nation, that il (
will not frustrate his purposes by taking any |
steps of a hostile cnaracter themselves; ami ,
he enjoins it on you so to counsel them in (
regard to this matter, us to induce them to
relv upon the protection ol the U. States, and
leave the c nitroversy wholly to the G .vent*
ment. They have very properly made
known their grievances, as becomes good
people; and further it will be expected of
them they will not go, but wait for such
measures us the wisdom ol the Government
may devise to secure to them their rights as
these are guarantied in tlio I reuiy of Wash
ington. . |
1 a.n, very respectfully, your most obedi- (
ent servant, JAMEsi BARBOUR. j
I
Department of Wah, Jan. 29, 1827- 1
Sir—Complaints have been made to the
President by the Creek-, through the Uni
ted States Agent, against the intrusions ot j
the Surveyors of Georgia, on their lands, |
guaranteed to them by the I reaty conclu
ded with them at Washington, on the 24th
January. 1820. Willi these complaints
the> have u iied an appeal to the President
catling for Ids interposition to protect them ,
in tin n .rights, by causing his treaty to be
inviolably maintained. The pieSentions un
der winch these surveys arc attempted, are ,
in direct violation of the Treaty, and, il
persevered in, must lead to a disturbance of
the public tranquility The Treaty ol
Washington, like all othe;| Treaties which
have received the Constitutional sanction
among the supreme s id the
Charged by the Constituti in with
cutiuii of the laws, the Presid
himself compelled to emph
all the means under his
lain the faith of the 11 ;i
'Treaty into effect,
your obedient r
His E'sce v
of
, .-.i fan, 30, If ■
.5 1 >
I 1.
1*
in# y
* Department ov Wa», Jan. 30, 1827.
Sir—Official information hatfMferugWen
* the President, that certain undei
the pretence of surveying, have entered the
lands of the Creek Indians, directly in vio
. lation of the late Treaty concluded will;
' them at Washington, in January last, and
.[directly in violation of the law of Congress,
['regulating intercourse with the Indian
Tribes.
[| The Chiefs and Warriors of this Tribe
have appealed to the President for protec
tion, by whom I am now instructed to di
rect you, without a moment’s delay, to pro
ceed to obtain the proper process, with
which to at rest them, which process you will
[cause to be delivered to the Marshal of the
'District, that they may be made amenable
to law. The orders of the President, as well,
as the importance of the object, relieve mej
from the necessity of suggesting any addi
tional motive for the prompt and energetic
discharge of your duty. I have the honor
to be, your obedient servant,
JAMES BARBOUR. |
R. W. Habersham. Esq. District Attor
ney, U. States, Savannah.
THE U. STATES AND GEORGIA.
HOUSE OF REPRESENTATIVES.
A message, in writing, was received from
the President of the United States, by the
hands of the private Secretary. ([See Senate
Proceedings for a copy of the Message, in
the las Constitutionalist j
Mr. FOIISY TH moved the reference of
this communication to a Committee of the
Whole House on the state of the Union. He
said that he rejoiced that, at length, the
strange circumstances of this case had been
presented to the House in such a form as to
compel the rendering of a solemn decision i
between the Executive and the State of)
Georgia, and that it was called for, at this
time—not bv (hem, for they had been de- 1
mantling it for years past —but that now the
call came from the Executive. He could
not, however, as a Representative of Geor
gia, consent to ait and quietly hear the|
chaiges brought forward iiv this communica
tion against the authorities of that State.!
They had done nothing which violated the]
Constitution of their country. He would
say this in the face of the Executive.
{[Here some member called Mr. Forsyth
to order, but the Speaker decided that he
was not out of order. J
Mr F. then proceeded to say that he also
rej deed to perceive, that the Chief Magis
trate, in the execution of what he conceived
to be his duty, had not, this time, made his
appeal to military force, lie denied, how
ever, the existence of any Constitutional au
thority to employ such force, either in the
present case, or in any other which had oc
curred within that State; and he rejoiced to
see that (he Executive had now though'
proper to resort to the Civil Authority.
Mr. F. here denied that the Governor -of-
Georgia was guilty Os transcending the uu
thority vested in him by law. He acted un
der the Sovereignty of his State, and had
exercised only that discretionary power
which was vested in him by her laws. He
had acted under rights exercised in every
part of the Union, and which had never been
resisted, except in the case of Georgia alone.
Mr. F. said that it would be easy to di
late on this subject; but he perceived that
there existed in respect to it some sensibili
ty in the House, and he would forbear.
Mr. POWELL, of Virginia, inquired
whether the gentleman from Georgia antici
pated any legislation in reference Is the
communication just received ? and whether
it would not be more expedient to refer it
to one of the standing Committees of the
House, rather than to a Committee of the
Whole.
Mr. FORSYTH replied, that since ♦ !
inquiry had been so directly put, he ••
frankly reply, that he did not anticr
legislation : and he insisted tha f
tion in the case could be nee
per. He considered the r
ing the opinion of this T
cet tain rights of the
the opinion of the i ;
tnance of thus--
declaration
Very fa I"
this t r
to
. and under the s. •, i .in . • n-U ;
ill . ‘titUU;at£ till* ImTliVlS t(l H t I
.•< i nii bits .u* ’ c n-'Hi \) ll 4i -1
inferior! v !i» • ■ i.i . . • \\\^\
.would Ion*; • >*;r ui v i i. he j
jbuer ; . v 4 ;sc in*or' ?k.o - m* ■ o-u - ‘
; .aio mi if nous conn-' i the* who c go
j:j- c U • 1:11; {' I! > v i l>(* •; ■ \ p, ■ 1
: 1 ,L ‘V * ’ • ■ lie • üb J 11 vl ‘
• ; t -i't ) h ' lit , vl ■I-. d.
law* provided an anii»K reined*/, jn
;me <-oiivis of the United S ai > w; : e -0.. a ,
I ki ihnn.
M W KUSTER stud, or. rL-.n-- that be,
j
u!ii ,i, «•( her it
•d i i n,.- ,uu viitee or
..r- ... non ten ted that it
. i,ere or elsewhere
entire unanimity of
opinion with the gentleman from Georgia
"n this subject. The Gentleman from Geor
gia must know that there were two sides to
his question between Georgia and the U.
States ; and he would tell the gentleman
from Georgia that there existed two opin
ions also, nut only on that question, but on
, the conduct which that gentleman had de
signated as “ base and infamious.”
This, Mr. W. said, was strong language,
but it was not argument. The gentleman
had told the House that nothing had pre
vented evijry tiling going right in Georgia
but the interference i f the General Govern
ment. The gentleman denounced such in
terference, saying, in off ct, “ hands off for
the present: leave the I dians to the re
medy of the Courts ” But, Mr, VV. said,
he would tell that gentleman, that if there
iwere rights of the Indians, which the United
States were bound to protect, that there
were those in this House anti it (he coun
try who would tako (heir part. If we have
bound our-elves b any treaty to do certain
jtliiiiiis, we must fulfil such obligation. High
, words will not terrify us—loud declamation
will not deter us, from the discharge of that
duty. For myself, said Mr. VV. the right
of the parties in this question shall be fully
and fairly examined, and none of them with
more calmness than the rights of Georgia,
i It' my ow i course in this matter, I shall not
be dictated to by any State, or the Repre
sentative of any State, on this floor. I shall
not br frightened from my purpose, nor will
I softer harsh language to produce any re
‘ action on my mind. I will examine with
great and equal care all the rights of both
parlies. Occasion had been taken on the
mere question (l s reference of this communi
cation, he would not say for argument, but
for the assumption of a position, as a matter
.perfectly plain and indisputable, that toeGo
jvernment had been all in the wrong in this
question, and Georgia all in the right. For
jhis own pat t, Mr. VV. said, he did not care
whether the communication did or did not
!go to a Commit’ee of the Whole on the!
S'atc of the JUnion, nor how soon it went
|there, aud was there taken up for discus*
sion Wljab he went into that Committee,
llre srPould go tlltre, not in the spirit of con-1
jtroyersy, nor yet irua spirit of submission,
but in a spirit of inquiiy, calmly and delibe
rately to examine the circumstances of the
case, and to investigate the rights of all par-!
ties concerned. But he had made these few,
remarks, to give the gentleman from Geor-I
gia to understand that it was not by boid,
denunciation, or by bold assumption, that ihe
members of this House are to be influenced
in the decision of high public concerns.
Mr. FORSYTH said, that he had not, to
his knowledge, denounced the House, or any
gentleman in it; nor had he attempted t(
dictate to the House, or to any member of it.
It was, however, perfectly natural, that a
Representative from Georgia, the Govern
ment of which was here arraigned, should
have, and,having, shouljJ imjulge, some, feel
ing on this subject. The honorable member
from Massachusetts, indeed, might very well
becalm and unmoved; he did not reside,
near the scene of action ; the People of his
Slate were far removed, and had no reason 1
to dread the bayonets at their throats. It v
quite natural that the gentleman shop 1
calm and dispassionate, and prepare i
a cool and composed view of t’
but the Representatives fro
not feel so. We feel verv
Mr. F. and when I feel <
to conceal my feelin*-
violated, and thei
known to this ’
not been re*
case shun’
it is e v
ble tleman
' !' I . ; • ■ • , ■ '■ ■ .
• •**■* •* f tror.i hi .4 *' <& f 1 f »j c ttiA £«i**
.'■ill inrt • .;e the suh .”h»r.h tin .
i ‘ ‘ 4l ‘ ‘ I! ! • t j l '. UUli' h ! 1 , L#U • f ,
- f h..- ■ .uiniiud it ihoraugblx U
j* reu ' ■•,(((> Ju* uiscu v-uon oi
■• * nmitt; r . ; the whoiv , to do so dis '
a mnai'iv 11 1: , ere neces <.u v, (for they I
c -i «i ■ ji their feelings when cir
cum stands required; hut u not, they should I
'•> * n pre->- • neir • )in ■.>■>, in
-I.- i"; it might draw d >wd upon (lie 0 tile,
very aU" censure ol ukt jicuUcvfluii
Vlr. HAILE expressed a hope that thei
c> ■•uu'.;’ ■ 1 would go to a 1 mm spec < ‘
ihe whole. When a subject of this kind;
m - reuched 1! vibrated on other chords tlian
hheir rights ~<v <i the ImJ; mr. .viii.i’t fln-lr ■
irtercd lit ' • •• PP»
him vto id ! , v 1 • e.v ’Mple, and he could ,
hat, if
merit
.nst any
:iy find its
.. 1 the States,
.aimed the sove
xtent of their char
had forborne as long as
.e future destines of the
ature location and civiliza
linal extinction must soon be
Three great questions were in
, Ist, the powers of the General Go
oinent within the limits of a State ; 2d,
ue powers of the States to legislate within
their own chartered limits; and Silly, the
power the States over the Indian tribes: His
State might, ere this time, have extended
its legislation over the Indians wilhin its
territory. If it had no right to do so, this
House ought at once to say so. He hoped
1 there would be no occasion to resort to aj
• military force. Ger rgia certainly had a|
i right to assert what she believed to be her|
. rights, ai d to speak her sentiments upon
1 this floor. He hoped the whole matter
. would be heard aud settled ; for, should
1 Congress adjourn without settling it, conse
quences were likely to ensue, of great in
terest to many of the States.
Mr. WEBSTER rose to make one re
-1 mark in reply to the gentleman from Mis
■ sissippi. That gentleman, he said, had
1 reason to know that he (Mr. W.) was dis
. posed to use all proper authority of the U.
. States to extinguish Indian titles to lands
r within the States. But he must tell the gen
. tleman from Mississippi that the States
would act on their own responsibility and at
. their own peril, if they undertake to extend
I their legislation to lands where the Indian
, title has not been extinguished. If any
. jsuch measure was contemplated in the State
.'which the gentleman represented, Mr. W.
, [h'.ped mat gentleman would lose no time in
( warning his friends against making any such
, I attempt. The relation which the U. States
[ held to these tribes, of parental guardian
ship over these remnants of mighty nations
r now no more, was a very deiicate relation.
, Its general character was that of protection,
ami, while every facility was given to the ex
tinguishment of Indian title, let not that cir
. cumslance be so far presumed on, that the
should attempt to exercise authority
[ i within the Indian limits. Any such course
would be attempted at their own responsi
-1 bility. Mr. W. concluded by saying that
1 he was ready to do all that could be done to
. extinguish the Indian title in the States,
, and particularly in the States East of the
t Mississippi. But this disposition, common
. to all parts of the country, should not be so
, far presumed upon as that any State should
1 undertake, of its own mere motion, to exer
. Icise am authority over the lands to which
. the Indian title is guarantied by trea
ties? &c.
; Mr. BARTLETT said, that he had not
-1 risen for the purpose of entering on the
. general subject, but merely to suggest to the
trom Georgia, whether it would
t not be better to r efer the communication to
one of the Committees of the House. Be
fore any thing like a correct decision could
, be had, many facts must be inquired into :
. 1 and it would facilitate ihe debate and the
.decision, if these facts should previously be*
(ascertained and reported to the House by |
one of its committees Should the subjectj
.g° iuto Committee of the Whole, before
this was done, much romn would be left f
declamation, & much time probably wa' , j
. w hich might otherwise be saved. He
iippnsetbe Committee on the Judic
ivould be a very proper reference.
Mr. WRIGHT said, that with the verv
imperfect understanding rich the Hous
now possessed of the r bereeitdj
they were not in *, ces to dcc’ Jt
whether the 5 > rc.viiie-'
legislation <>• n. • us-i
sion he c- tore ; ..matur - uh a
view t 1 »>
trod ion
* is, he moved f
I print it. ,
I his motion prevni it. v/us laid j
upon the table, accoi hr. v.
. 1
vl/is- : Vsil ■ <i
f
! a ■ .t , v ,i » .. i . j
•v fl - | | ■' j* * ts '• * n c J;
| I liO : - JHI •
I th j United Steles, by his’
Wes a February, 1827. I
C‘t. ■ ■ ...
; . •>rft cm _!»’<• of the 1?: ,;c of Georg
inaf. and of "ic >Sfir leceiwd with i<,fur
‘her -o'- aii»t; of the facts stated In that!
iVj.ess • 1
JOHN QUI.-JCy ADA*' '
. —At i .e •
- exet . .ve - to its;
■-f 1 1 t uegisla- 1
. the Btate.
ption from the
jn, accompanied
a sufficiently uggra
.nreatcrii d with others
a outrages character; and
• ' < ,-n to believe that your Agent
uairs is the prime mover andin
-1 the same, 1 have deemeb it pro
iay before you the enclosed papers in
<pnrt of that beleif, and to ask the favor
ut you to inform me if that officer is so ac
, ting by your authority, or with your sanc
tion and countenance. It may be thought
painful enough that the United States, whose
■ undoubted right it is, shall enter into con
troversy with Georgia on t validity of
Treaties, and the lawfulness of ooundaries,
• trespasses committed on the one side, or
i; right of sovereignty violated on the other,
• with the remedial or redtessive measures de
manded by either.
; It is not to be presumed that the Presr
- dent would transfer Ihe sovereign attributes
• to a subaltern Agent, much less that he!
, would delegate them for the annoyance of,
1 the People of Georgia, for insult to their;
• ! public functionaries, for inva-ion of their
3i territorial rights, and finally fur bloodshed
l| It these powers have been insolently as
ilsumedby such subaltern, for sncli purposes, 1
i it is not f r the Governor of Georgia to dic
-1 tale to the President the measures which]
jought to follow, as well in vindication of the
| wrongs done to Georgia. The President is
competent to judge them, and the Governor
doubts not his willingness to judge them
rightly.
With great consideration and respect,
G. M. TROUP.
The President of the United Stales.
Copy of a Lel/rr from Wiley Williams to
Governor Troup.
11th District, Carol Countt,
January 22d, 1827.
Sir—l did flatter myself that 1 should
have been able to complete my survey with*
out troubling you, or being troubled by tho
Indians, but in this I have been deceived.
Eight or ten lusty fellows rode up to my
camp last night, with a letter written by
Crowell, and signed by several Chiefs, and
ordered me to desist from surveying the
land on the West side of the new treaty
line. Mr. Rogers, who surveys the 9th
District, and who will be the bearer of this,
was broken up by them yesterday. You
will know best what measures to pursue in
regard to the atfair, but if the survey pro
ceeds, a protection must be affiirded us, and
that must be sufficient to protect the whole
frontier line from tho intersection of the
Cherokee line with the State line, to Mil
ler’s Bend, There is about one fourth of
my District that lies West of Bright’s line,
and 1 yesterday completed my meridian
lines through it. I shall to-day commence
my transverse lines, but, after mature reflec
tion, I cannot feel myself safe in crossing
Bright’s line at present, but shall proceed
to survey that part which lies East of the
line, and when I am done, I shall make the
attempt to survey the balance. I hope by
that time, however, a sufficient protection
will be afforded. Mr. Rogers can better in
form you than I can by writing.
Yours, respectfully,
WILEY WILLIAMS.
Creek Nation, Jan. 12th, 1827.
To the Surveyors, running the land West
of the line of the late Treaty,
Gentlemen; We, the undersigned Chiefs
and Plead Men of the Creek Nation, having
learnt with great regret, that you are en
gaged in surveying the lands West of the
line of the late Treaty, and which was not
ceded by tba* ”reaty, we have again to re
quest and ■' I of you in the most friend
jly term? ill desist from stretch
ing a c 1 4 our lands, not ceded
by the sa... 1 flattered ourselves,
■ a " u I've,1 've, the stipula
-1 ,n =* o 'at i ' been friend
ly ' I}* p* erned, and
toat our former difference! w vtr neigh
b the Geugians won n final
i *d, and that w* wi.aK '.live
icrest friendship in -r
--course : •* are determined
jn-.T { ■■ do i act that can be ;a:vaU
or \ but are riant, and we :
fliey ;
We are your friend-.*,
I ‘gned by Little Prince, V>.. icfasky Yo
" o, Sparner Tueinugg, lla'rgo, Ka« 4 >chare*
iopco. V ; i*.'as Morge, Cache Hodgo, Chat •
>* us Mic ■
> *>y of a iMU- from James j. Rogers
- frtet Saroey-fT, to Govern c*. - Trout-.
1 Jai. -y 23, 1537
' '■ ■ lf.ncv Governor Trov
H I, you will find a ■ oi
on i- -• . . 'f writing. .*■ wu* -a, ■:■*’.
of li-dviiif -,u fc
er I 1 tl'« ie* i , t ae
me n wp eh S nad to
i minutes
nu. • v compass, &
c new Treaty
‘ ■ i i. ■ d threatened me
1 • d be caught over
a surveying. I have
•>h’s old place, and have
antil I hear from you. Ifyou
. me assistance, I hope you will
..rliest measure to get it to me, as!
(i is scarce and my hands uneasy to
.me. As to the number of men it will
lie to guard me I am unable to say—my
isituation is this: There is three settlements
| of Indians in my District that have in them
about ten men, and in two miles, or the
Alabama side, there is a large town that 1
am told have forty to fifty warriors in it,
which is to be placed on the new Treaty
line as spies, and to prevent the land from
being surveyed ; and as for further informa
tion, I will refer you to Major Panamore,
, the bearer of this express, and who was with
me when the Indians stopt me.
Yours, &c.
JAMES A. ROGERS, D. 9.
Geo. M. Trout, Governor of Georgia,
HOUSE OF REPRESENT A TIVES.
('REEK ISniojTS.
Mr. FOIIbY i'H asked leave to lay on the
table the following resolution :
“ JOIN T RESOLU I'ION to indemnify the
Creek Indians for the land lying between
the Chatahoochie River, and the dividing
line between Georgia and Alabama.
Resolved by the Senate and House of Re
presenfafives of the United Stales of Jlmeri
\ca in Congress assembled , That the sum
jid -- dollars, to be p tid out of any mo
ney in the Treasury, not otherwise appro
priated, be, under the direction of the Pre
sident of the United States, distributed a
mong the Creek Indians, as a lull indemnity
for their claim to hunt upon, or in any
other manner use, the stripofland Ivingbe
-1 tween the Chatahoochie River and the di
viding line between the States of Georgia
and Alabama, which said land is to be sub
ject to the undisturbed occupation of Ui«