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CO N <»It ESSION A L.
“in SENaTK OV THE UNliEU STATES
May U>, 1S26
THE CHEEK TREATY.
The Senate took up .the report, of the
Cpmmitteo of Conference on the disa
greeing vote of the two Houses in lvgard
to tho approprintiop bill for carrying in*
totiTec 1 the Treaty with the Creek In*
dintis. w (See report published in the Sa
vannah Republican on the 27th of May.)
The report Having been mid-
Mr. VAN ffipN said, he shmild
ajnte the circumstances of this case, and
tiie views of the Committee ofcoiifetnice.
A treaty was made in tlii#city t in which
it was stipulated, on the part of the Uni*
ted States, $247,000, together with an
annuity of $20,000 a yetar, und other con
siderations, should be paid to the Creeks
cs a consideration for the extinguish
ment of their title to lands in the State of
Georgia, which the United Stages, under
the cession of 1802, wertttnderobligation
To extinguish. The bill from the'oilier
House to carry this treaty into effect, di
rected thul the money should be paid and
distributed uiuottg ibo chiefs and war
riors, The bill catne to the .Senate, and
Hcondduniial communication was-mnde to
the Senate, from which it appeared that
strong suspicions were entertained, that
a design existed on the part of the chiefs
who made the treaty, to practice a fraud
on the Creek nation, by dividing the mo
ney amongst themselves apd associates.
An amendment was proposed by the Sen
ate, which provided for the payment of
those moneys in the usiinl way, and the
distribution nf them in the usual manner
and in the usual proportion to wl>ich:~tlre
(julians wore entitled. That amendment,
was sent to the other House, who, unad
vised ns to the facts which were known
to the Senate refused, to concur in it, and-
risked h conference. The conferees on
of.the Cherokee nation. The simple
statement of the pretence set up, was so
■. .. Against right and justice, tlmt Mr. V. B.
. FELL, said they wore bound to presmnu that
eb. such could never Imre been the intention
of onr Gov orbment. It was unjust and
fraudulent.’ The chiefs say they have n
right to do it, and they would abide bv
the consequence;hut it was conceded to
be a design. What was the intention
of our Government I If that construc
tion was giveti to .this treaty which was
sought for By these Chiefs, the conclusion
would be that this Government intended
to counteunuce this fraud. The chiefs
say such was the intention. Mr. V, B.
skid such could not have been the inten
tion ; and as it could not bo, tl;e other
conclusion is unavoidable. The intention
wns that the money should be distributed
according to the rights of the Indians
constituting the Creek nation. It was
fair and just, arid not inconsistent with
the language of the treaty, Shell, Mr.
the part
their 1
of the Senate., communicated
icions to’ the conferees on the
pnrt of the House, and usked thorn to u-
nite in an application to the Oepurtinent
of War* for information on the subject.
This was accordingly done, and the doc
uments sent, in answer were, a letter from
the Secretary of War, and a report bv
Air. Mc&vnney. From that report it
'-appeared clear and satisfactory, that a
design lhas existed on the part of the In
dians by whom the treaty was negotiated
to distribute of tbe $247,000 to be puid
for the cession by the United States,
-8159,750, among themselves and a few
favorite chiefs at home, and three Chero
kee Chiefs who had no interest in the
property. Ridge and Vunn were to re
ceive by the original treaty, $5000 each.
By this agreement 0/ the distribution of.
the money, each was tiireqeive $15,000
more, muking $211,000 for each. Ridge
the father oi Ridge who is here, was to
receive $10,000. The oilier $100,000
*»wus to be distributed, $5000, nnd in some
instances, $10,000 to the Chiefs who ne
gotiated the treaty here?.varying from one
to ten thousand dollars each.
That this’distribution would be a man
ifest fraud to the Creek nation Mr. V. B.
gnid required no argument' to elucidate.
The cooforeos of both Houses were well
satisfied that ihiB design existed, and of
the obligation on i.lie pprt.of the United
States su for as Congress could do so,
to defeat so unworthy a scheme. They
differed as to the means that Congress
ought to use to carry it into effect. [Here
AJr.V. B. slated the two modes of distribu
tion proposed by the-two Houses.
■ The uvo questions, then, Mr. V. B. said
ihut presented themselves in t his view, of
the subject were, had Congress the right
to go to ihe extent proposed in the amend
ment made by the Sedate ? and. if they
hud, was it'essential that they should do
x.o? With respect to the right, he Was,
at first, uuder some doubt in regard to it
l>m a more careful examination had re
moved those doubts, nnd had satisfied him
ihut, the amendment of the Senate |was
warranted. The treaty directed that
two hundred and fojrly-ievetK.thou-
sand dollars should, be paid to the chiefs
of the Creek nation, to be distributed a-
tnong the chiefs and wnrtiors of (bat na
tion. By the word chiefs, was it intended
the chiefs in the nation or the chiefs in
City of Washington T Those ip this'eity
say it was intended' to be paid to them
and they ask of the Department of War
tjiat it should bo paid to them in sumo
counted out according to the distribution
which had been stated- There was no
difference on this subject between the
conferees. They were' of opinion the
money was to be paid to the chiefs of,the
nation in open cpuncil: it was the language
of the treaty—the good sense of the treb
ly. The delegation who negotiated the
treaty any it is to be paid to them ? and
that, uvthiw view of the subject, they are
warranted in- the opinion expressed to
them-by the' Secretary of War and the
Supeiintendunt of Indian Affairs. The
coef’-'iocs say, the intention of the treaty
*vas, aod its language imports thot this
money .should be distributed in the usual
proportion according to the just rights of
die Im.ian warriors. There was nothing 1
;n tin ! nigunge of the treaty inconsistent
■' *:l- to.it idea. How ought' the money
thbb distributed? Certainly on princi
B. said, would have been bis view of
the subject, if this had been a case be
tween n civilized nation and this Govern*
ment. But when their attention was
turned to their sights over Indian proper
ly the cases stood upou a different princi*
There had been great inconsis
tency amongst us as to the rights we hud
exercised over the Indians. At one time,
they depended 011 our mere will nud plea
sure} at another time, we had treated
them as nu Individual power. From the
time of the formation of this Govet nnient,
we hnd assumed the right to legislate,
according to our will and, pleasure, over
their interests and property, so far as to
protect them from fraud. - On this prin-
ple, we hnd regulated all their trade.
We hnd provided liy law that they should
not dispose of the Innds they owned, un
less in a specified form, uhd to the United
States. We had gone further; by law.
we hnd directed tliut the annuities due to
them from us should be, without their
consent, used to make remuneration for
damages done by the Indians. These
three points of legislation, Mr. V. B. said,
covered .the whole ground. . What was
the case now before the Senate ? There
was a fund of $247,00J belonging hon
estly to the Creek nation. It could not be
denied, because it was for their Innds.
The fact wns proven that there wns an
intention to defraud them of this money.
It had been said that we hnd no right to
provide by law to prevent an event ofthat
description, by directing that the money
should be thus distributed, according to
the principles of justice. Mr. V. B. said
tyotiid tie sheer sqtieamfohness to hesi
tate now os to the power.
The amendment proposed by the Senate
holds tlielSecrrtary of War responsible for
this money to these Indians, according to
their just rights. The amendment .from
the Ilouse sHppdses that may he effec
ted, end this money paid, in open council
f the chiefs, when summoned in the usual
way. The conferees on the part of
Senote believed that measure would fall
short of obtaining the desired end that the
amendment of tbe House did not go fnr
enough; bus, under tire circumstances of
the cusp, Congress should go farther, nnd
see that tbe money was properly distribu
ted. They ought to see tiiat this money
yent actually into the hands of the differ
ent Chiefs nnd Warriors—then, if they
chore to give it to the Chcrokees, or to
dispute, of it in other ways, the United
States would have done their duty.
Mr. Y. B’ said, in his judgment, the
character of the Government was involv
ed in (bis subject, and it would require,
under the circumstances of this case, that
they should take, every step they could
lightfully take, to exculpate themselves
from having^ in any degree or form, con
curved in this fraud Tire sentiment' of
the American People where fie resided
was, nnd hnd been highly excited on this,
subject—they had applauded in the most
ardent manner the zeal manifested by
the Government to preserve themselves
pure ;n their negotiations with the Indians!
and though he was satisfied—though he
deemed it impossible to suppose for a mo
ment that Government could have coun
trnnnccd the practice of-this fraud, yet
(here were circumstances iu ibis case
which required exculpation. Between
(he negotiation of the. treaty ond the nego
tiniion of the supplementary article on
which the treaty was finally adopted, all
these circumstances were communicated
to the Department of War by (he two
Cherokees. Mr. V. BVsaid it wns not his
purpose, because the necessity of the case
did not require it, tostyr What the Secre
tary of War ought to have done, or to
censure what lie did do, when the inform
ation was given to him- He had-known
lum many years, and there was not au
honester man, or a man more devoted to
his country than that gentleman was. Mr
V. B. said it was nut for Irina to have said
what should havo been the course of the
President oftho United States, if the in
formation had been given to him.on the
subject. It could not fail-to make a mor
tifying and most injurious impression on
the minds of the People of this country,to
find'that no meads whatever were taken for
the suppression of this fraud'. There was
find there ought to be, an excitement on
the subject in the public mind. The
members of the Senate had seen it.
had displayed itself strongly and sinking.
ly on the point of this controversy between
Georgia, the United Stats, and the Creeks
-Thfe settlement of that controversy was
npplapnded from pne Sud’of the Union to
the other. S‘o (hr as the State of CeorgL
was concerned, she claimed that the title
to all the Juds within her limits, should be
extinguished by the Unitod Stetes, accor-
this treaty extinguished the Indian title
to all the hind.
Mr. BERRIEN rose, nnd snid it was
not tbe umk'j'.stnmling of the Delegation
of tbe State of Georgia, tlmt this treaty
ceded nil the land. Tim fact had boon
stated to the Sennto by himself in his
place. In n certnin event it was rendered
probtihib that the linesio which tho nddit.
ionul article of the treaty extended, would
embrace all the land, but according to the
best information, it wns his belief (hat the
State of Georgia would loso one milliou
of adres by the new treaty.*
Mr. VANBUREN resumed. It was
stated,to the .Senate, when tiie treaty wits
under cohdsiderution, that the Indians
wore witling nnd, designed to cede to
Goorgiu nil their lands. The controversy
hnd been settled—and how? According
to (his view of the subject, every thing so
far us the State of G eorgia was concern
ed, by the treaty of the Imjimi Springs,
hnd linen done by this treaty, with tho
single additon of a little more money to be
distributed among the chiefs. Mt. V, B.
said lie Imd not n doubt in his mind, that
the same application of these same means
might, at any time, have settled tho con
troversy.. \Vhnt was the objection to .the
trenty of tho Indian Springs? It wns
made by an iiisufficint nuuibor of chiefs,
and there was reason to suspect tlmt un
due influence had been exercised. That
there was not'a sufficient number of
Chiefs,was a matter of contestatinn;on the
subject of fraud what were the evidences.
On ilie face of the treaty tho United
States gave to MTutosh an unreasonable
amount of compensation. That, was tbe
length & breadth & depth of all the alle
gations of fraud. Compare that with the
trenty which wns now about to be carried
into effect. It wus stated in the report
of the Superintendunt of Indian Affairs
that when, ilia negotiation was opened be
tween the War Department nnd the In
dians, to extinguish their title inthe lands
they refused to give oil their innds within
the State nf Georgia; they refused, to go
beyond the Chatahoochie. On being
pressed they said they wero limited by
their instructions, and could no/ go any
far/her. In /he Documents communi
cated to Congress, /ha/ fncZ wns
stated. The treaty had been finnlly
made to se//le /his con/roversy,eonfesserf-
ly wi/hnu/ power on /he par/of/lie In
dians to go as fnr us /hey hnd gone.
Compare /he Indian springs Zren-
witli /ha/. The suspicion of
undue influence in negotiating that treaty,
Mr. V. B. said, was'foitnded on the un
reasonable reservation' to MTntosli. Be
fore the present trelty was consummated,
the fact was communicated to the Gov
ernment, that a contrivance was on foot
to resorve to certain Chiefs, a large por
tion of die money to be paid for these
lands. The proof on .this subject was as
had been stated. Mr. V. B. said; they
must appear befo/e the People of the
country with this fact before them, that,
under the eye of this Government, the
treuty had been negotiated in fraud. He
did no; state the fatts to impeach any one,
but to show the Senate the high responsi
bility tlmt rested oh them, to go ns far as
possible to suppress contemplated fraud,
and entirely extinguish this plan, that the
Government might be protected fmm any
future imputation ef having bad nny bud
in it. It was in that view helmdsuid, and
would repent, and with that.remark dis
miss the subject, that the honor of the na
tion was concerned. Mr. V. B. said, he
should not be willing to persist in the a-
mendment of the Senate, to the loss of the
bill; but would rather take tbe next best
thing that offered, by taking the amend
ment of tho House, but would wish first to
mnkc the attempt to. induce the House
to adopt (he amendment of the Sen
ate.
To bring the subject more distinctly be
fore the Senate, Mr. V. B. then offered a
resolution for the Senate to insist on its
amendment,
Mr. HARRISON said, t!,e proposition
of the House not only comported with the
treaty, but it met the-view of the Senate;
the onty difference between the two pro
positions was,that (he one directed' that
the distribution should be made in the usu
al proportiun-to.tlio chiefs and warrior*
—the other,that it should be made in the. 01
presence of the chiefs and warriors—inTB 1
presence of the great council of the na
tion, When this subject wns first Before
the Senate,and n confidential communica
tion was made that such a fraud was in
contemplation, he was anxious that every
measure should be taken to obtain justice.
Mr. H, said be thought there was no bet
ter way than that of paying (he chiefs and
warriors in presence of too assembled na
tion. The only error the Secretary of
Wat'had corOmitttcd, had arisen from lisir
not berng acquainted with the usual man
ner of conducting. Indian business, Mr.
II. said he regretted, after the declaration
which the gentleman from 1 New York,
(Mr. Van Buren)-had made of bis con-
findence iu the'integrity of that officer,
that.be should say that some stigma would
remam on the Government unless some
thing should be done to clear tbe Govern
ment of tiint stigma. Mr. H, could' not
l-lc-<ii - jmtice among tlio Indians accord- ding to the obigation of the cession of
i‘ig to tlieir rights. Wfmt wa9 asked on
J802. This question had been settled—
nnd how? Every thing that had been
done so far as Georgia'was concerned, by
the treaty of the Indian Springs, is believ
ed to have been done by this treaty. Ev
ery foot of land is believed to have been
ft?- I, 1 ceded. It was the understanding of the
gtliemsjrlvqs hivvri'fj <:lfiefs dele^atiop of.tl# State of Georgia tout
ire oftho (jelegHtion ? That it should
bo <'ifl*fibutcd utnowg.' them, for their per-
n.i>l advntitnge, nnd in conceded injus-
tjjjjq'hj - tfiose they represented,. They
EMupo'sed to take one hundred nud sixty
'* ! J ' Vilhwa nnd to distribute it n
Qvo/y instance, when the proceeds of tho
treaty aro paid. This secures thorn from
nny possibility of imposition on tho part
of tho Govornmont, or of any collusion
on tho part of the chiefs. Mr. II, Said ho
wns not present daring part tit the time
that the gentleman from New York was
spanking. It might ho possible ho had
misunderstood tlio object ol tho amend
ment proposed by- the cominittoe; but
tlioro could bo no possibility of nny error
in this muttor, if the proposition of the
House wort) adopted, the terms of the
treaty would ho strictly complied with,
nud tho nation would be satisfied; because
When the moiioy was paid its tho presence
oftho nation,thefe could lio no fraud. Mr.
II. objected trt the term “«aua! proper-
(kin," It might lmvo bfeen the practice
to distribute in particular proportion, Hut
the distribution always took place in a full
council of the chiefs. If gentlemen could
show there Wns any possibility that a frhtld
was likoly to be committed fin tho course
which hnd been pointed'nut by the House,
or that there was any possibility of s stig
ma attaching to the Govornmont in 'con
sequence of pursuing that course, he
would accord with them. It appedred
there itaa an injustice meditated; but by
,whom? Not by this Government. It was
a matter of indifference to tliem to
whom tho money wa9 paid. Tlieir object
wns to comply with the stipulations of the
trenty—-to satisfy the State of Gtorgia
and the Indians.' That imd been sub
stantially done. Iu regard to the observa
tion which hnd boon made,.of its eomprn-
mining the character of this Government,
that they hnd made a trenty with tho In
dians extending the cessions of tho In-
Amt
thetreaty had lined signed inthe'
month of .tnmihry preceding. It wns
done at the timn Mr. B. Imd ofibrud lus
services to procure the siipplimontal ur-
ticle to bo adopted. The SoCretary en
tirely condemned tho practice of giving
these gratuities. Mr. B. said ho had re
commenced it, as tho only way 0! treat
ing with hnrbari'ans ; that if not gratified
in this way, t|m chiefs would prolong lhe J
negotiation, at a great douil expeuee to
the Government, until they got tlieirgru-
tuttyin one way or other, or defeated the
treaty nltoglietlier. Ho considered tiie
practice to be sanctioned by the usage of
tho U. States; Itc believed it to be com
mon in utl barbarous nations, nnd in ma
ny that wero civilised, ami referred to
tho article, inthe Federal Constitution n-.
gainst receiving •• presents” from foreign
Powers, as a prdof that the convention
thought such n restriction to be necessary,
even among ourselves*
Mr. B. also adverted in answer to
something which had been said in previ
ous debates, to (he part lledmd acted in
getting the ku|iplumentu| article ndopted.
What lie lind done wns with the knowl
edge und consent of the Secretary. It
nmounted to nothing niore than produc
ing a conviction in the minds of tho Greeks
themselves, Hiatit mull not be advantage-
ms for him to hold aiiif tatid in (ieargia ;
this being accomplished,the consideration
wns left to be adjusted by others. ■ Not 11
Word with respect to its amount had pns-
sed between Mr. B. nnd miy onto of the
Creeks or Chorokeds. They agreed* up
on tiie representation of Mr. B. to give tip
all theJand claimed by tbe Creeks in
Georgia, but when they came to reduce
dians beyond what they knew the Indians that agreement into thb form of an article
. „ 1 1 > 1 1, .1. A„.
were authorized to make, Mr. H. would
say that such a thing wns not. uncommon,
either with the Indinns or diplomatists.—
If diplomatists entered into u negocintion
which they wore not strictly authorised to
do by tlieir Government, it was their own
nfiiiir; and it depended afterwards on tbe.
acquiescence on the port of the Govern
ment who sent them. If the warriors and
remniniug chiefs would show to this Gov
ernment that 1 it was not their intention
thus to extend tho cession, then, Mr, H.
said, much ns he valued this treaty, and
tire good consequences arising from if, he
thought the Government would be bound
in honor to do thnt which they would do
iftliey were treating with a civ, i.v.-d nation
—to sntisfy them for tho farther cession,
or to expunge this pnrt of the treaty.—
When the compensation was about to. bo
given to Jhe chiefs assembled if they pro
tested against thnt part of tlio. treaty, Mr.
II. said, Nan man who valued theyepn-
tation of his country, I10 should be ono of
those who would duolnre that part of tho
treaty to bo null nnd void, or rectify the
error that had been committed. What
could the Secretary of War do? On whom
could he rely? He Could resort to no
book thnt could show him the power thnt
was given to the Indian chiefs in matters
of this kind. It varied amongst the Indi
ans. Mr. II. concluded by expressing
hi#,opinion that it would be pe-ifectly
safe to follow 1 he recommendation of the
committee of the House Representatives.
The money would bo pnid to those who
were authorized to receive it, and the
mode in which it wns to -be pnid, would be
a sufficient guarantee tiiat no fraud had
been committed on them.
Mr. HOLMES, of Maine, said Ire
should accede to the report of the Coin
mittee of Conference. Thoy recommend
ed. that the committee should be instructed
to insist on the amendment; If the prahnsi
tion made was to recede from the amend
ment, it would Be in orde to propose an
amendment. If the Senate were to recede
from their amendment, nnd to propose
nothing more, then the bill woiild goto the
House as unamended, nnd they might
pass it without any amendment nt >11.—
The Sennte could act on tire bill or on
the report of the committee..
As regarded the two propositions for
the distribution of tho money—at would
seem at first view that there were two ob-
jnctinps to the mode pointed out in* the
amendment of the Sennte. How wns it to
be ascertained what was the usual pro
portion in the nation ? If thnt could he
ascertained, it would seem 10 put it out
of their power to make any other distri
(ition. The amendment to the House
gives them that power. Mr. H. said he
thought tho safest way would be to have
the distribution made by the nation. Ei
ther tho one o- tire other of tire amend-
difficulty occurred ; the . tine between
tiedrgia and Alabama had n^ver-been as
certainedt qnd the Indiana wbr# duty ril
ing to agree to n line, the poursc and po
stilions of which wrts unknown to them,
and which wtis to be fixed by u power
over which they hnd no control, mid
which might run, they know not how
dcftpi into their countfy. They wore wil
ling to agree to the tine whore it was be
lieved to be ; accordingly, two points na
med by a part of the delegation from
Georgia, as those which would include
all the Innd ift Georgia, were ngreed up
on, and inserted inthe supplemental ar
ticle. It was Intended to cede nil ; it
wus believed that wus ceded ; the exact
truth could not be known until the line
concieva that pitch a thing was neces
sary. The People of the United States
would necord with the opinion given by
the gentleman from New York in relution
tw the clmrncter ofthat officer, nnd the
arrangement of -this affair; and though an
error of judgment might be imputed td
him, the nation wonld determine thnt jt
was an error oftho head and not of tire
heart. No better mode could be devised
to do justice to the individuals and to the
Indian nation, than that proposed by the
other House. ^
The Government of the Indian tribes
in this-country, Mr. H. said, was not well
understood, jt is not tbe Government <>f
the chie/s^The.chiefa are the diploma
tic agents, authorized to make treaties
but the consequences of the treaty are al
ways passed in review before the sssembi
od uuiioii, aipi the nation is present in
the facts
Ire better way
(hunts ought to prmmil,
which had been dischraeil.
would be to lake the amendment to the
House and to pnss the bill in that way.
If the agent paid the money to the assem
bled nation they would have it in their
power to decide which way they pleased.
D would gratify them more—it would
please them better-thnt the money should
be paid to the chiefs & warriors nsrembled.
If they are wiljing to make such an imquir
have no right to complain' But it is not
probable that they will do so. It would
be better, Mr, IT. said, to Irtive it mnde in
such a way as would satisfy them, and
though he should Vote for either
amendment, he thought it Would be bet
lor to recede.
Mr. BENTON said, thot, after the
explanation of the views of the committee
tof conference which hnd' been given by
the Senator from New York, (Mr. Vnh
Btiren,) he would limit Himself to a state
ment of fac ts on two or three points off
which reference had been madeto his'
personal knowledge
The Secretary of War had referred fo
him, in his letter to jtha Committee, as
knowing the fact that tho Secretary had
refused to give private gratuities to the
Creek' Clliefs to promote the success of
•the negotiation.- The reference was cor
rect. Mr. B. had himself recommended
the Secretary to do so; it was, hdwever,
about forty days after the treaty had been
signed. He referred to. a papor which
fixed the date tu the 9th or lOtb of March
realized wlmt ho had foretold to tho See
rotiuy; and it was certnit, that t|,»
edge of this, wfienevor it sjTould ho f mi „ i
out by the niitipn, would occasion' dist„
hnticcN, and pcrliops bloodshed. '
Ho
thought that tho United. States si,,,.,?
prevent these consoqUejRti#^ By lireven
ting tlio cniiso ofthom, nnd, fortius m,,
ho C01 ‘ C '!‘' in tmy itmciulniont
thnt would reflect u tuir distribution 0 film
money, or nny distribution that was «“
grcenhleiotho natum irf open cmincil.
Mr. lAZLNVELL stfid, it (teemed to
him, that tlio question beforo them wa a i
question of more forin.Tho proposition in
which they were nil ngrend, wL this •
A dopouition1 of tire Creek nation £]
Been uccreditod hero, ns tho rouraMm.*
fives ofthat nation, to
they Imd, dmohgst themselves, tiSS?
ted to practice a gross frm.d ori those w|«
sen them here, tfhis fraud was ktl0 ' „
totho Govorumcnt oftho United States
before the treuty was ctmoluded. n.,d
willistoniliug lli.t fuel, SfcwS'S
concluded under tlmt form pf oxures
which might authorize the offmS
lion of this fraud. In this state 0 fff£
intunat.on Was given tonho Senate of the
existence of this fraud, and the probable
consequences of it. Immediately thnt tho
hill came from tire other House, mokina
nti appropriation to enrry (ho troaty on
ono side conceived in frnu.l. Sn„.
pno side conceived in fraud, into effect,
an amendment was prpp*ed, on tho pan
of the Sounte, to prevent thccmismrnnn-
tion of this iniquitous scheme. This «.
mendment wns sent to tlio fintse. q ffM
disngrei'd to there, And u. committed of,
conference took place. The aon/mu*.
was rtfd. He considered the unwilling
ness of the ' Indians >0 agree to uii un
known line, as natural and reasonable ;
and tfauy mistake hnd-occurred, there
wns certain ly no' blame on either paijty.
The Indians ngreed-to tho points indicat
ed by gontleiiien from Georgia, and these,
geniifemeinr' to his personal knowledge,
Imd.expended grant pains in consulting
maps, und in referring to the knowledge
of individuals to fix the points correctly.~
Tho time ai which Mr.B. hod offurred
his services to aid thin negotiation,had ap^.
pearod to Kim to be umiuently critical,
ind big with consequences which he was
anxious to avert, ft was ufter the com
mittee had resolved to report against the
new treaty, and before they had tnade the
report to the Senate. The decision,
whatsoever it niiglit be, nnd the conse
quent discussions, criminations, and re
criminations, were cahsulntpd to bring
on n violent struggle in the Senate itself;
between the -Btonate and tho Executive ;
perhaps between the two Houses (for n
reference of tho subject to both would
have token plnee (< ) and betivncen ono or
more States and the Federal Government
Mr.B.’ had concurred in the report a-
gniiist the new treaty, because it divested
Georgia of vested rights; and though ob
jectionable in many other respects, ho
was willing, for the sake of peace, to ra
tify it provided the vested rigots of Geor- much importance to the United
H/t lint ■ nltii.l<wl rplw. Illnm /.nlnl ... 1. .. » 1. a vit.. vl il . Ft
giu were not invaded. The bupptemeqtal
article had rehevud.liinr upon thispoint.
He thought ‘.hat Gtorgia fold no further
cause of dissatisfaction with the treaty ;
it was Alabanta that was injured by the
loss of some millions of acres which she
had acquired under the treaty of 1825/
and lost umfor that of 1826. Her case
commanded his regrets and sympathy.
She had lostthe right of jurisdiction over
a considerable extent of territory ; and
advantages of settling, cultivating, nnd
taxing tire same were postponed, but he
hoped, not indefinitely. But these were
consequential advantages, resulting from
an act which' the Government Was not
bound to do, and though the loss of them
was at! injury, yet thre injury could not
be considered as a Violation of vested
rightB; but the circumstances certainly
increased the strength of her ctaim to tire
total extinction of the Indian titles within
her limits ; and ho trusted, would have its
effects upon the Government of the Uni
ted States,
The third and last point tin which Mr.
U. thought references to his name had
mudeit proper for him to gjve_a .Btnte-
on both sido9 were satisQud of the etic
tenee of this fraud, And bf the cbnsequen-
cos which would attutsh to the lI.8totes if it
could not he prevented, and they recom
mended different modes of prevention
which should he ndopted. Tlio amend’
ment proposed by the Senate it, tfot tho
sum of tnottey to be paid to the Creek na
tion, should Be paid under tho direction
of tlio Secretary of War, to tiie Creek na
tion in such proportion, according to the
mode iti which the annuities to iheipatioti
have been in the habit of being paid.
This is an answer to the gentleman front
Maine,who usked how they were to Uiiuvr
in wlmt proportion they were pnid. Thert
would be no difficulty on thnt subject.
There is a fixed rule known to this Got-
erumcnt and that nation—acquiesced li,
by tiuit nation and the Secretary of War,
on big responsibility, is directed to enrr/
ilint fixed rule into operation. O'ntf
part of tho other House, it is propos
this sum shpuld bo paid to the chiefs oiP 1 '
tire nation' by a special agent, and tin
thisspccinl ugent slml! be under the di
reetion of the Secretory of War, who ii
to direct the money to bo paid in fill
council of the nation, to be convened
full notice for that purpose; Some gen.1
tleinen, Mr T. said, were of opinion then
was no difference between the two modes,]
He thought there was An important dif
ference. In the one ease, tlio respimitol
ity rests on tire Socreiary of War, uni
whom ho nfia'y choose; in tire other it
mnydutory on him to appoint a special
gent to carry it into execution; The Sr
ate. Mr. T. suid, put the responsibili
where it ought to rest—on the head
the Department; but tlio House propui
to have an intermediate one. The T
nle referred to a fixed rule—the Hi
did not. According to their prupositii
all (bat was to be done was fo convene
nation, pay the chiefs in' presence of
nation, and tbe hands of the Governs
would be washed. Tire proposition
the Senate was more guarded, and thei
; fore o.ught to be agreed to.
The gentleman froqi Ghio had
that it was unimpdrtir.it fo whom n
money Was paid. Mr. T. said it «si
whom tho money was paid; It Wan imj
portent that it should be pnid toltoei 1
whom the land belonged, in the pt°F
tion'in which their annuities Imd l
heretofore paid. If these dhlefsr were |
and*tire distribution not effected, the i
ment the nation were informed ef
fraud which had been' committed onlH
by their own chiefs liejre, and that this W
was made known to the United StntciJ
fore the treaty was completed, and
not been guarded aguiffsf by nny octj
Congress, an Inditin' war would mostp 1
bnbly take place, and it would be till
to avoid the consequences Which na‘
ly result from every Indian waT. 1
fore, to preserve harmony, we coulJj
be too cautious in distributing their iw
Mr. T. said he could not consider^
of these engagement entered into'
tous distribution of their property, we ment, relufrdto the ciicumstanCes which
ImcJ induced the Setibte to make the n
mendment which had becomC the subject
of the conference BetWeeri the'two Ildus
es. He had himself come to the knowl
edge Ofthat circumstance iff tho lust days
of April, some weeks after the supplemen-
; tal article had; Been ratified. lie had
deemed it to Be his duty to communicate
it to-the Senate, and do it iff a 1 waji that
would avoid a groundless agitation of
the' public feeling, or Unjust refiec
tions upon any individual,- white or
rod, if, peradventure, bia informa
.tion should turn out to have been uttty.ua.
He therefore, communicated it to the Sen-
ato in secret session i and the effect of tho.
commuhiention Was immediately mamfes-
ved inthe unanimous determination of the
Senote to adopt the unltohdment which
was now under consideration!'. He deem
ed the amendment, or ode tliht would ef
fect the some object, to by called for by
the eircnmstonces of tho case, and the
relative state of the parties. It was ap
parent that u few Chiefs werto to have an
undue proportion oftho money—they had
|mii
10
Pry.
Id tt
jcinl
lib.
ad
I to
RM
hid
pdi
the Indian tribes, bciiiiid us down Ml
same way-ns stipulations entered into I
n civilized Pebplte. We made a .M
was it law to them;' nnd' ( we ngm
should be law to its. It did not bee 1 ’®
law by virtdb of un exchange msenb •
mong an enlightened People. 1
nothing.more than the guardian® ot j
Fe^lfe^Htoy Bad, Mr. T aM
ted more skill and diplomacy tM®.. I
riited States. They had com.
.affairs' more dexterously than **■
ours; and the time Was nht p .
wfibff this-thing wpuld be disclnsetf
world’, that these tWo Cherokee
here, had completed a' treaty oV
terms for the Crteks, andworioter
the United States; than all the wM
functionaries employed Oor
o«r magrtaMmity, our ju«ide,;c 1
thor good quality wq might have, 1
-red that this luhd thoitld bo dUt
mongst them, according to w
sidered'to bo the pririci|i es
•The nutioh owned the land! ®
was to be paid in place ot . { ,
money, therefore, must go J
owned lli« liuii..' m>mMS
into'tlie liumls of n set , J
ye I
■del
Btio
jeO
foul
Ml
lifv
|,0f |
_ ist!
Lin tl
own
five
be
m
A'B
fMH
friar,
fill
fed,
ftioi
Hen, I
M u
Mbe
1
pent
going into ine nauua w» ,
who hnd laid
,o g.. 4mm*£j£$?wB,
selves, it was important that
save this 40,001) doHurs for the J
tion, forVhom U'waejntended,
take care that the-«
Mh'oij
Mi
’Wad
of.1l
land,
wet#