The Athenian. (Athens, Ga.) 1827-1832, February 23, 1827, Image 2

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United States., I have the honour to be your obedient servant. 1 JOHN CROWELL, Agent for I. A. The lion. James Barbour, Sec’y of. War, Washington City, ^ ' *■ *' . B . this posture ■ i affairs? it ed to despatch a Special pose 1 ofbeariug despatchti of Georgia, and to tbr T i-Snct Attorney and Marshal of the United States for fort S tate, and also to the Agent of the CreeEMfridians, be calm and shotiid he prepared to take a sober view of* the question. * But those of Georsfti felt differently; andj^lien they felt jhey could not conceal their feelings.-— Th'car rights had been' Violated ; they had appealed to the House; but heretofore, their To Col. John'Croweix, Agent for the Indian Affairs. Sm-^-I have received your letter of the 15th inst. conveying the information that the Georgia Surveyors were surveying lands west of the line of the late Treaty, and of the measures which have been taken by the LUtlrs Prince, and others, to prevent them; also, the message of the Chiefs imploring the Government to interpose its authority, to protect them, in their rights, under the Treaty of Washington. The President directs me to convey to the Little Prince, and the head men and warriors of the Creek Nation, his assuran ces that he feels the binding obligation of the Treaty of Washington no less forcibly than they; and that it is his intention to exe cute faithfully every clause and condition thereof. To this assurance he directs me to add, further, that he will take immediate steps to secure to them all the rights, as they are guaranteed in said. Treaty. But the President expects it of the Creek Na tion- thatil vilLnat Gmoirata Wfurpo4» Vj- taking any steps of a hostile character themselves; and he enjoins it on you so to counsel them in regard to this matter, as to induce them to rely upon the protection of the United States, and leave the subject in controversy wholly to the Government.— They have very properly made known their grievances, as becomes good People, and further, it will he expected of them that they will not go, but wait for such measures as the wisdom of the Government may devise to secure to them their rights, as these are guaranteed in the Treaty of Washington. I am, very respectfully, Your obedient servant, JAMES BARBOUR. to endeavour, if possible to prevent a resort I appeal had been made in vain. As far as the to violent measures, either by the authorities proposition of reference goes* it was approv ed by.the gentleman* ffom Massachusetts. How theadid heoeisfere hiif course. It was of Georgia or the Indians. Confiding alike in your *zeal, capacity, ... .^ , ... and discretion, I have determined to select | possible thatthe geriuemaa unght think with you for this service them : it«was possj On the receipt of your instructions, you He sayshe will go 1 ijble, hito le, hut not probable, an investigation of .will proceed, 'with the least possible delay, I the subject, leaving an inference that he to Milledgeville, and deliver the letter ad- has never yet investigated it. Mr. Forsyth dressed to*Governor Troup, with your own | went on to say tM his opinions were against hands, as also to the Attorney and Marshal. Should Governor Troup give )'ou an answer . either verbal or written, you will comma- assert them before the Committee to whom nicate it by mail; as also the receipt from the subject .should ^be referred. They the District Attorney and Marshal, of the could suppress their feelingk whenever it instructions with which you will be charged was demanded by higher considerations ; for them. Having accomplished the part of but when that was not the case, they would the duty assigned you, you will proceed to speak out. / •. \ the.Creek Agency, and deliver the letter ad- Mr. HAILE said it was with reluctance dressed to Col. Crowell. Any information he rose to say any thing ofi this subject ; which you obtain in reference to. the dbject but when this topic was touched, the vibra- of your mission* you will promptly com- tion was felt in other choj’ds. He hoped municate by mail ? particularly any acts of the message Mould be referred to the.Corn- violence which, may haveoccurred, or which I mittee of the whole on the state of foe Union wv^ Vr^forcatened. .- r Cf«'<>f%kWy “hotair* from! Ii*Congress should adjourn without acting any remarks which may disclose your ob- on this subject, wtvaj would be the effect 1 ject, and be still more careful not to indulge The states would ha e tc act for themselves Department of War, Jan. 29, 1827. Sir: Complaints have been made to the President, by the Crooks, through tho Uni- ih any commentary on foe affair, which may subject you to personal difficulty. I have the honour to be, Your obedient servant, JAMES BARBOUR. Lieut. J. R. Vinton, U. S. Army. The Message having been read— Mr. FORSYTH expressed his satisfac- NOW. if this bad been subfequently discovered < a mistake why uses not the Preadent attempt to v,*- lociate for th? cession of the s^ll strip which ii»‘ mains to be secured ? Why retain an agentin the In dian country who is unfriendly to Georgia, ami tri the attainment other rights? The people orthis c ountry would neft have hesitated to have opened their treasury, to secure almost upon any terms the lights of a member and foe peace of the Union, But n language half civil, half “ minatory”—no attempt to prevail upon Georgia to abide the settlement of the dispute in ^peaceable manner; no amicable * effort’ to induce hefto suspend the survey of lands within her own chartered hmffe,* and to wait till the Uni. t ed States could hasten to obtain the. immediate sea- <;ion of the small strip of disputed territory from the 1 ndians—but or.ly an irritating message, calculated The President’s Message, the Documents accom- j *° produce feelings, « hich the President of the Uni«_ •. rfTr “ kr ~ , ied should be the last unnecessarily to rouse mtoac- panymg it, and the Debates arising Out of them, afford sno • ■ ’ all the information which has been received in rela tion to the measures of the General Government, as connected with the affairs of Georgia. An issue to this eventful controversy may now be expected, as measures have been taken by the President, from which he cannot recede without a violation of that national honour he seems so solicitous of preserving, even should he have to resort to' “all the force com mitted for that purpose to his charge.” How far he will be suffered to proceed by that body to whose de cision he has referred the case, after having taken t ion \ But it is like all the other mad-cap acts of this infatuated Administration.” * The jurisdiction to the soil was solemnly guaran teed to Georgia by theU. S.by the compact between them. ' Executive Department, Geo. > Milled-eville. 15th Feb. 1827. J Sir I received this afternoon from Lieut. Vinton^) our letter of the 29th uit. and read within the same hour both it and the copy from it for a time, the power of preventing the ever- of it as published ill the National r * /* 1 P I A 1 * . .* / * • P . 1 1_ ImSvA IVl 1 Alabama had alread exercised this , right; and it was The intentpn of Mississippi to do so. She hdlds jurisdiction oyer aH 'the lands within her ctyrtered limits, and will maintain her rights. ■ If the House should determine not to act it will be right that these States should blow it. If the bayo nets of the United States are to be turned against any one ofthe States, that State will tion that the subject was now presented to 1 find friends to rally round her. Georgia ■’ ” * 1 * 1 1J 1 claims the right^jurisdiction over her soil; she has refrained from the exercise of that the House in a manner which would compel a solemn decision oft the question. For Georgia, he said, he protested against char-1 right as long as ske could, without running ges being made against her, which were not the hazard of her. Wn destruction. • What settled,!. They are the location of the Indian ^ government, or final cise of unlawful authority over the State, in carrying into effect the mandate of his will, ia for the wisdom and discretion of Congress to determine. Georgia, if we are not mistaken, instead of having violated a law of the nation, has, in this instance, either to repel force by force, the measures of Govern; ment, or submit to the indignity of having her own Constitutional Laws set at defiance by the head of that confederacy of which she is a member. The Executive of Georgia, acting as the executor of her will, as expressed by the represeentatives of the peo ple, is bound by every consideration of justice to her interest, as well as by oath, faithfully to execute her laws, and rigorously to enforce obedience to the same. The question whether the Constitution of the U. States gives to Congress the right of establishing any aw in contravention to Stale Laws, previously estab lished, is one on which We conceive the very exis- tance of State sovereignty depends, and in the result sustained by facts. He rejoiced that foe I are the rights to b Execut-ve had refrained from applying the future destiny fine military power which he had no constitu- tribes; their tionalrififht to do. but that he had preferred ted Sdates Agent, against the intrusions of! to resort to the civil authority. The State thet Sftqveyors of Georgia, on their lands, guaranteed to them by foe Treaty conclu ded with them at Washington, ona.be 24th January, 1826. With these complaints they have united in an appeal to the President, calling for his interposition to protect them in’their rights, by causing this treaty to be inviolably maintained.- The pretensions under which these surveys sure attempted, are in direct violatifikcfr'fhd’Treaty, and, if persevered to ^.disturbance of foe pnblio^tranquiBty; -The Treaty of Wasbine^wr, like all other treaties which haw Reived the constitutional sanction, is anvVj the supreme laws of the land, ^fmrged by the Constitution with the exe- ^<*tioit of the laws, the President will feel ginself compelled to employ, if necessary, Ul the means under his controul, to main tain the faith of the nation by carrying the I Treaty into effect. I have the honour to be, your obedient servant, JAMES BARBOUR. His Excellency, G. M. Troup, Gov. I . of Georgia, Milledgeville. J Department of War, Jan._30 i ^1827. Sir: By directions of the President of the United States, I enclose youthe copy of a letter addressed to R. W. Habersham, Esq. Attomev for the District of, Georgia. I am instructed to charge you to lose no time, on the receipt of the process which will he delivered you by the Attorney, in promptly executing H, and taking foe steps directed by law in such cases. Should the Attorney be absent, you will yourself apply for the properifiroe’ess. Pam,- sir, respect fully, your obediffnt Servant, was acting in virtue of its own sovereignty: J Georgia ; and befo an authority which had never been ques tioned hut in the State of Georgia. He moved to refer foe message to the Commit tee of Whole on the state of the Union. Mr. POWELL, asked if the gentleman from Georgia supposed that any legislative act would follow the reference. ‘ Mr. FORSYTH replied in the ^negative. If foe opinion of foe House should be given to affirm the rights of foe state, it would settle foe question. If foe appeal be made to the judicial tribunals, it would be proper ly settled. Every difficulty had arisen from the interference of others. The ac- destruction. Ofocr,$iate» are mtorootod in the disposition givfo this .subject besides’ this time, Mississippi has exercised the exclusive right of legisla tion over the India/ tribes within her terri torial limits.—If /She has no power to do this, the House qhghtto express an opinion to that effect. He hoped the consequences which would result from this state of things would not invdvd the peace of the cduntry. He trusted thire would be no resort to mili tary force. . It was an important question to the states, whtufeel foeir right to speak and to be heard. IF Congress should adjourn without settling the question, circumstances might arise which would be dangerous to the public tranquility. .. i * • * • •*£• •* ,. . , | Mr.V WEBSTER rose to say a single tionslast winter m this city ought to show! , . ■ . J c .i • i. J a" a c Ay word ill answer to the gentleman from Mis- that it was the infamous conduct of those who were here with the Indians which had created foe difficulty. Mr. WEBSTER said he was indifferent as to foe reference, but he was unwilling that an impression should go abroad that the sentiments and expressions of foe gen tleman from Georgia received the universal sanction of the House. He begged to re mind that gentleman that there was more j state, than one side to this question; that there were two opinions as to what he called cruel sissippi. There was no man more disposed than he himself was, to use all proper means ' j to extinguish the Indian titles in the differ ent states. But if the states took it upon themselves to exercise jurisdictiQn over the Indians who bad possession wifom their lim its, they would do so on their own responsi bility. ' He hoped the gentleman from Mis sissippi would communicate this to his own The relationship in which 'foe Uni JAMES BARBOUR. John H. MoreiJe, Esq. > Marshal, Savannah, Georgia. I Department of War, Jan. 30, 1827. -i Sir: Official information has been given the President, that certain persons, under the pretence of surveying, have entered the lands of the Creek Indians, directly in viola tion oflhe late Treaty concluded with them at Washington, in January last, and directly ■'in violation of the law of Congress, regu lating intercourse with the Indian Tribes. The Chiefs and Warriors of this Tribe have appealed to the President for protec- >n t by whom I am now instructed to direct without a moment’s delay, to proceed ahtain the proper process, with which to i them, which process you/will cause to be delivered to the Marshal of foe District, that they may be made amenable to law. Tile orders of foe President, as well as the importance of the object, relieve me from foe necessity of suggesting any additional ^motive for the prompt and energetic dis charge of your duty. I have the honour tobe, your obedient servant, ' JAMES BARBOUR. R. W* Habersham, Esq. .} ted States stood to the Indians was delicate it was one of protection and kindnpss. He and base, and infamous. All this was strong j repeated that he, would be as ready as any talking, but it was not clear reasoning. I one take every/proper step to extinguish The gentleman said that nothing but the foe Indian titles'in Mississippi,,' or in any interference of foe Government prevented ot her state. But instates sUoullltet upon ilio Tnrlinnc frrtm erninrr rinrVif • mirl fio I ^ _ _ T__ i* • -i • - ' •/ « r upon foeir own responsibility. Mr. BARTLETT- said he lose dot for the purpose of giving any opinion in refer- essage.—Thi he would reserve until the proper time for the discussion should arrive. His object WHUjiiem, which conier ngius,^ we urc noij^ riai waa to 8Uggest t0 the House the to leave them to seek the-enforcement of „ with him, hands off for the present; let foe law take its course. If the Indians ard ad- mitted to have any "rights, there are those | cnoe (0 the subject ofthe in the United States who will stand forward 1♦*.*, to protect them. If webave made contracts withjlhem, which ccmfer rights,^we are not | propriety of referring the subject either to a Select Committee, or to one of the ordin ary Standing Committees. To settle this those rights at our judicial tribunals, but to fulfil the obligations we have assumed. High words will not terrify declamation I “',4 8U ; “7 f ^ s m"ust"bra^umurat°ed.' The .nil not fnghten the Hotfse mto any other , princi le to be BeU | e(1 must be dete „ couree. He was deposed to examine all “ ine / b fa ^, s alone . If they are thrown a- r^hts dispassionately, and none more so sid the J subject admit8 ofn ^ d , than those, of the State of Georgia. He mation . He J ht a Ieference of , he won d be frightened Sy no denunciation ; he eubject to a SeIect Committee, which might wonld.nothe^iotatodt 0 , as to the co U r S c L ollcc , facts aIld , them t „ , beH oSe, which he should pursue ; at the same time tostead of retardiug the decision-for which he M as ds desirous as any man—would tend to facilitate if. If a select Committee should not be deemed expedient, he would wish to see it referred to the committee on the Ju dicnrrypw some other of foe Standing Com raittees. • ->T- Mr. WRIGHT said it was evident that a great diversity of opinion exists in relation to this subject^, of refering foe message to the Committeeof the whole on the state of gencer of the 7th inst. No room ito mistake foe meaning of this dispat Lieut. Yinton announced himself, in an itroductory note, R copy of which is here with transmitted, as the Aid of the Coj manding General; and you are sufficief w explicit as to foe mqan^ by which you-pro- pose to carry your resolution into effect.—- Thus the military character of the^menia^e * is established, and 1 am only ht liberty to* ; give to it tjie defiance which it merits. You will distinctly understand, therefore* that ! feel it to be my duty to resist to'the utmost* any military attack which the Government ofthe United States shall think proper to make on the territory, the people, or the Sovereignty of Georgia, and all the mea sures necessary to the performance of this duty, according to our limited itieaos, are of which every friend to the interest and liberty of! in progress. From the first decisive act of his country must feci a deep solicitude. It.will be.perceived by a reference to Gov. Troup’s I letter to the Secretary of War, that measures are in. -pu/gie&a fW repelling uriy- lfostlle invasion on the part of the General Government against the rights of Georgia. The threatenings ofthe Executive can not it appears, affect the determination of the Exec utive of Georgia, to carry into effecUa constitutional law of the state, and the conditions a treaty estab lished upon the faith of the natiou. We believe not withstanding the virulent remark! which have alrea dy proceeded from some of his opposers, that there is yet a spirit of patriotism exisi ing that will sustain nnviolated’ those rights that mu^. otherwise be tram pled upon by the authority of herfdictator. As well may it be said that Georgia teas, as that she is, if her operations are to be fettered by the restrictions and constructions, not of the government of the United States, for we cannot admit that such high hande d and arbitrary measures can receive the sanction of legislative deliberation, but by the authority of one, who leagued with those who have eyinccd them selves the enemies of Georgia and the country, would plunge the nation in a civil War, to foster foeir dis- affections, while higher compacts and stronger obli gations are disregarded and forgotten, The Anniversary of the Demosthenian Society was commemorated on Monday the 19th instant. The judicious, and appropriate Oration delivered on for occasion we present for the perusal of our readers, MJere we permitted to dwell for a moment on the ad vantages, arising from these literary associations con nected with the institution, founded for mutual im provement and intellectual recreation, to draw aside •eil which marks the boundaries of human knowledge, or to found a conjecture of their future usefulness upon the pleasing hopes which their in fancy has inspired, we should with pleasure num ber them among the tributary streams of intelligence that are yet to enrich the treasury of literature. The light in which they will hereafter be contemplated by those who are now joined in unity of' feeling and pursuit, wheq they trouble denunciation and dictation should not pro duce the effect of reaction ; he would not suffer himself to be driven to any act which would be injurious to the rights of any. He had made .these few remarks,, because, on a mere question of reference, an effort had been made, not to argue, but to assume an argument, that the United States was in the wrong. He cared not whether the reference was to the Commit- teef of the whole on the stale ofthe Cmo n | tbeXJnion . Tito discussion on the eubject or to auy other Committee, he was preimred he re ^. ded aa V-Utogefter premature,, ex- to meet it with a spirit of calm induiry. Hel ® • I ve been cast upon life’s to rite ot fall with the tide of pros- Which rpArkp man’s uncertain recollection over these an nual festivals of rc&toh*aSff ofmtoUcct, that will dispel the gloom of many a dirk and cheerless hour, while they point to them as to the spring time of foeirhop the enjoyments and anticipations of, which can nd more return. The first dawnings ofi genius wi] some who have “ snuffed the midnight lamp, and hailed the returning dawn,” while they talked with the past hours of those whoyfiave left their works behind, to serve as a beacon to guide the youthful wanderer for fame, were indebted to the first im pulses of-ambition, to that mental struggle arising from an interchange of views when engaged in the labours of foeir literary compacts. Numerous in- stances might be' offered of foe rise, progress, and ultimate disOjnctioa Of men who have traced their finft relish for^the refinements of reason to causes more obscure, incentives less powerful, and advan tages far more limited than those which the rising generation, ambitious of fame, enjoy. spirit of calm inquiry had been induced to make these observa tions in order that the gentleman from Geor- District Att’y, U. S. Savannah, Department of War, Jan. 30,1827. A Sir: Official information has been cora- ^ municaied to the President, that surveyors, aliug under, it is presumed, foe authority dkho Government of Georgia, have entered tlu^ands of thq^ Creek Indians, directly in vioition of an existin^T^gtyrkand laying beeiwvamed against proceeding, by the AgeTnbt*he United States,-have neverthe less persev^ed *ble course. -Informatioi tKough unbfficin. Yias also been received tli.t the Indians h iV c interposed and preveqjid^hem from ^jvtmdeting their surveys, q" Chief^ a n< ’™fnV rs of the •Creek have also appe nd to the Pre sident tto protect them in ^'eir rights. In tending as did into questions which were not connected wifo foe question. To give time to the House to reflect on the subject, gia might understand that, foe members of he would move ^ r t he present to lay foe theHouse were not to be intimidated by* - . bold assertion. • r _ Mr. FORSYTH said he had not attempt ed to dictate to the Hou^e, nor to any mem ber of the House, nor to foe people ofthe message and documents on the table and to print them. \w The motion was^agreed to.-* .... .. -.-.vv . - v - - r.—i The Message offoeftfesi^eitt, respecting L nitod States, nor to impeach any 01 foe foe concerns of Georgia and the Creek In- opinions which might have been formed. I dians, was yesterday taken up, and foe me- But it was natural that foe Representatives rits of the matter incidentally touchedppon, of Georgia, the government of which was J and foe subject finally referred to a select deeply implicated in the result, should have, Committee. It was very satisfactory to and having, should indulge, in feelings of ( observe that, as far as could be inferred warmth on this subject. The geptietnan from foe expression ofopiniori, an universal who had thus spoken, cam* from Massa-1 sentiment seems to oxist in favoi bf buying chusetts, a State which wgiS'.many hunted [ out from the Imiians foe rernnaAt of foeir miles from the seat of thi| dispute : there title to land in Geo; was no danger there of being met by the Treaty-of 1826. bayonet; and it was natural that ho should ugia, not covered by the "w i'afi Intel. The Anniversary Celebration of the Phi-Kappa Society took place yesterday at the College Chapel. The exercises of the day are said to have been high ly creditable to the Society, and to the Orator who spoke on the occasion. The Oration will be given in our next. riots THE RICHHOND ENQCIR2R. THE UNITED STATES AND GEORGIA. “ We do not hesitate to say that the President’s Message to both Houses of Congress is not the pro duction of a Statesman. A Puritan might have pen ned the canting phrase of a “ superadded obligation, even higher than that of human authority.”—A mili tary dictator would have thrown out a threat to draw the sword apd bring down upon one" of the States of this Union “ all the force committed to his charge,” at tne very time he was seeking an adjustment by a resort to the civil authority. It would well have be come a stat esman to-have sought all the _ means of avoiding a rupture, before ho menaced a State with military power. Georgia has never refused to abide by the decision ofthe civil authority It would well have became the President to try that expedient by itself—and it would have been, high time to have threatened violence, when every other means had been exhausted. Why has the President not sought to obtain by a supplementary treaty, all the lands which Georgia has a right to claim ? It was boldly asserted by the Administration, during the last ses sion of Congress, that all the land which they claimed had been secured by foe treaty at Washington. hostility, you will be considered and treat ed as a public enemy, and with less repug nance, because you to whom we might con stitutionally have appealed for our fence against invasion, are yofo^elves the invaders, and what is more, the Unblushing allies of the savages, whose cause you have adopted. - JfjA, . v You havereferrred me rule- of my conduct to the treaty of Washington, :£ which ' like ^ll^ofher Treaties, which have received. ‘ the constitutional sanctions is amon£ the ' supreme laws of the land,’-’ and which the President is therefore bound JfoLcarry:i«tqj £) effect, by all th|^neai|i| under his control.’^ ' In turn, Ltake the libetty to/l^rrjsjfo to a Treaty'fcf prior datq * concluded nt the Indian Springs, a the Proclamation of ilrhu?h under the manuel of the President, 1 have to enclose. On a comparison of President may think proper to remind Congress that the old grant claims ^ ence of foe new, and foijjr wheR ‘rested % rights have passed, the eld Treaty like the old grant, has preference ofthe new. You have deemed it necessary to the per- . sonal safety of Lieut. Yintdn, fo impose on him the injunction of profound secrecy in the execution of your <j?dafs, whilst you cause to be publi-hed^ aL Washington the very instruction whiefi disclose those or ders and enjoin that secrecy, and which in fact reached this place by the public prints even before Lieut. M inton had had an op portunity to deliver your despatch. You mistake the character of the people of G eor gia.—Officere of the United Slates, enga ged in the performance of their lawful du ties have only to'deport themselves as gen tlemen, to find the same security and pro tection in, Georgia, as under the aegis of the government at Washington. I have! the honor to be your obedient ser vant, G. M. TROUP. Hon. James Barbour, Secretary of War. r) Executive Department, Geo. Milledgeville, 17 th Feb. 1827. ORDERED, Thatthe Attorney and So licitors Geneial of this State, in every instance oF complaint made t>ffoe arrest of any surveyor, enga^sdin the survey of the lately acqmrcd territory byany civil pro- cess, undtsivhe of the Govern ment of the U nited States, do take all neces sary and legal measures to effect the libera tion of the person so arrested, and to bring to justice, either by indictment or other wise, the officers or parties concerned in such arrestation as offenders against the laws and violators of the peace and person al security of the public officers and citizens of this State.—Thai they give professional advice and assistance in their defence against any prosecution or action which may be in stituted against them as officers in the ser vice of the state, and that they promptly make known to this Department their acts and doings in the premises. It is moreo ver enjoined on the civil magistrates of this State, having competent jurisdiction of the same, to be aiding and assisting id enquir ing into the cause ofevejy such arrestor detention as aforesaid, that the-person may, be discharged forthwith if illegally or un justly detained, and in affording such re dress to foe aggrieved or injured party as by law he may be entitled to receive. By foe Governor, / E. February, 2D. H. PIERCE, Seo ? y. HEAD QUARTERS, Milledgeville, Feb. 17th, 1887. ORDERS. ” ' THE Major Generals-commanding foe 6th and 7th Divisions will immediate- • ly* issue orders to hold in readiness the se veral Regiments and Batallions within W* . -v- 4 jhr 4