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EDITIII) BY THOIIAN HAYNIt:*.
VOL. ESB. NO. 33.
[jd Ije of eX n ' on »
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~~~ - ■ - - ■ I
AN ACT.
0 1 RANTING half pay to widows or I
orphans where their husbands and
fathers have died of wounds received in the
military service of the United States in cer
tain cases, and for other purposes.
Be it enacted by the Senate and I louse of ’
Representative* of the I 'niltd States of A- 1
merica in Congress assembled, That when
any officer, non-commissioned officer, mu
sician or private of the milita, including
rangers, sea fencibles, and volunteers, shall
have died while in the service of the United
states, since the twentieth ofApril, eighteen | 1
hundred and eighteen, or who shall have 1
died in consequence of a wound received
whilst in the service, since the day aforesaid, 1
and shall have left a w idow, or, if no widow, 1
a child or children under sixteen years of 1
age, such widow, or if no widow, such child 1
or children, shall be entitled to receive [ 1
half the monthly pay to which the deceased | 1
was entitled at the time of his death or re- ; '
ceiving such wound, for and during the 1
term of five years; and in case of the death
or marriage of said widow before the expi- i 1
ration of said’fivey ears, the half pay for the
remainder of the time shall go to the said
descendent : Provide!, That the half pay
aforesaid shall be half the monthly pay of
the officers, non-commissioned officers, mu
sicians, and privates of the infantry of the
legular army, and no more: Provided al
so, That no greater sum shall be allowed
to the widow, or the child or children of
any officer than the half pay of a lieutenant
colonel.
Sec. 2. And be it further enacted, That
if any officer, non-commissioned officer, mu
sician, soldier, Indian spy, mariner, or
marine, whose service during the revolu- !
tionary war was such as is specified in the!
act passed the seventh day of June, eighteen !
hundred and thirty two, entitled “ An act i
supplementary to the act for the relief of
certain surviving officers and soldiers of the
revolution,” have died since the fourth day >
of March, eighteen hundred and thirty one,
and before the date of said act, the amount
of pension which would have accured from
the fourth day of March, eighteen hundred I
and thirty one, to the time of his death, and i
become payable to him by virtue of that act ,
if he had survived the passage thereof,shall
be paid to his w idow ; and if he left no wi
dow, to his children, in the manner pres
cribed in the act hereby amended.
Sec. 3. And be it further enacted, That
if any person who served in the war of the
revolution, in the manner specified in the ,
act passed the seventh day of June, eighteen
hundred and thirty two, entitled “An act
supplementary to the act for the relief of
.certain surviving officers and soldiers of the I
.revolution,” have died leaving a widow,
whose marriage took place before the ex- I
pirationofthe last period of his service, such 1
widow shall be entitled to receive, during |
the time she may remain unmarried, the an- i
nuity or pension which might have been al- !
lowed to her husband, by virtue of the act ■
aforesaid, if living at the time it was pass
ed.
Sec. 4. And be it further enacted, That
any pledge, mortgage, sale, assignment, or
transfer of any right, claim, or interest in
any mom y or half pay granted by this act,
shall be utterly void mid of no effect; each
person acting for and in behalf of any one,
entitled to money under this act, shall takel
and subscribe an oath to be administered by
the proper accounting officer, and retained
by Inin and put on file, before a warrant
shall be delivered to him, that lie has no in
terest in said money by any pledge, mort
gage, sale assignment, or transfer, and that
he does not know or believe that the same
has been so disposed of to any person what
ever.
Sec. 5. An ' be it further enacted, That'
the Secretary of War .hall adopt such forms
of evidence, in application nml -r this, act,
as the I’resid .nt of the United States shall
prescribe.
Approved, July dlh, 1830.
War Department, ?
Pension. Office,.luly'A, 1839. )
In order to carry into effect the act of
( -v f' z \ €
®f(Www 0T
(Congress ot the 4th July, 1836, entitled;
I “ An act granting halt' pay to the widows j
‘ or orphans where their husbands and fathers !
' have died of w ounds, received in the milita- ;
! ry service of the United States, in certain!
1 cases, am! lor other purposes,” the follow -)
| ii-.g rules Lave been prescribed by the Prcsi- '
i dent ol the I mted States, and adopted by ■
I the Secretary el V. ar ; and they are now )
! published for the information of applicants
under that law.
1. Applicants under the first section ol
' the act must produce the best proof die na
ture of the case will allow, as to the service
of the deceased officer or soldier; the time
when he died, and the complaint of which
he died, ami the supposed cause of his dis
ease. It must be clearly shown in what
I company and regiment or corps he served,
|and the grade he held. Such proof must
be had, either from the records of the War
Department, the muster roils, the testimony
of commissioned officers, or the affidavits of
persons of known respectability. From 1
similar sources evidence must be derived as j
to the period and cause of the death of the i
officer or soldier.
2. The legality of the marriage, the name I
ofthe widow, with those of her children, who !
may have been under sixteen years of age I
| at the time ofthe farther’s decease, with the |
i State or territory and county in which she |
i and they reside, should be established. The i
j legality ofthe marriage may be ascertained I
by the certificate ofthe clergyman who join-1
ed them in w edlock, or the testimony of re-|
spectable persons having knowledge of the j
fact. The age and number of children may
' be ascertained by the deposition of the;
i mother, accompanied by the testimony of;
i respectable persons having knowledge of!
' them, or by transcripts from the parish re-1
i gisters, duly authenticated. The widow at
, the time of allowing the half pay, or pla
| ring her on the list for it, must show that shs
i hasnotagain married;andmust moreover re-
I peat this at the time (of receiving each and
every payment thereof, because in case of
her marrying again, the half pay senses, I
■ and the half pay for the remainder of the,
I time shall go to the child or children ofthe
; decedent. This may be done by the affida
vits of respectable persons having knowledge
I of the case.
3. In cases where there are children and I
no widow, their guardian will of course act i
for them ; establish their claims as prescrib-
: ed in the fore, going regulations, and re
, ceive theii stipends for them.
4. Applicants under the second section of
the law will make a declaration before a'
court of record, setting forth according to I
the best of her or their knowledge or belief,
thenam.es and rank ofthe field and comp,a- [
ny officers : the day (if possible) and the '
I mouth midyear when the claimant’s hus
! band or father (as the case may be) entered l
i the service, and the time when lie left the!
j same ; and if under more than one engage- I
ment, the claimant must specify the partic- i
ular periods, and the rank and names of the !
officers under whom the service was per- I
■ formed ; the town or country, and State, in !
which the claimant’s husband or father re- j
' sided when be entered the service, whether !
i he was drafted ; was a volunteer or subsli-)
title ; the battles, if any, in which he was ;
engaged ; the country through which he '
■ marched, with such further particulare as I:
may he useful in the investigation of the
claim; and also, if the fact be so that the
claimant has no documentary evidence i:i
support of the claim.
5. The same description of proof as to
i the relationship of the claimant to the dc
, ceased officer or soldier will he required us
j the rule under the first section points out.
G. Claimants under the 3d section of the
• law must not only produce such proofs as
the foregoing regulations direct, in relation !
to widows’ claims, but they must in all ca- I
i ses, as an indispensable requisite, show |
’ when they were legally married to the de- :
ceased officer or soldier, on account of whose )
services the claim is presented, and that the :
; marriage took blace before the last term of)
■ service of the husband expired. They must i
' also prove that they were never afterwards
married.
7. In a case where the service of the de- •
i ceased officer or soldier is clearly proved.)
. ; by record or documentary evidence, or the ;
, I affidavit of a commissioned officer, showing)
, the grade and length of service of the de- j
J ceased, the particulars in relation to the j
I service are not required to be set forth in I
[• the claimants, declaration, except so far as )
, i to show that the claimant or claimants is,'
or are, the widow or children ofthe deceas
) ; e d.
I 8. The claimant must in every case where
. | there is no record or documentary proof of
! I the revolutionary service of the deceased
i officer or soldier, produce the testimony of
■ at least one creditable, witness. Traditionary
I evidence will be deemed useful in every such
l case.
9. Applicants unable to appear in court
.! by reason of bodily infirmity, may make the
declaration before required, before a judge
| or justice of a Uourt of Record ofthe coun
, try in which the applicant resides, and the
judge or justice will certify that th ■ applicant
i cannot, from bodily infirmity, attend the
i cour*.
10. vV’heriev r any official act is required
to be done by a judge or justice of a
Court of Record, or by a Justice of the
Peace the certificate of the Secretary of
State or ofthe Territory, or of the proper
clerk ofthe court or county, under his’seal
. | of offic'>, will be annexed, stating that such
a pr rson is a judge or justice of a Uourt of
,1 Record, or a Justice of the Peace, and that
the singular annexed is his genuine signa
i lure.
11. The widows of those who served in
the navy, or as Indian spies, will produce
I proof as nearly as may l|i> conformable to
the preceedin ■ regal;.t-on ~ and authentica
ted in a similar maimer, with such variations
as the different nature ofthe si rvicc may re
rl"ire - . , .
C 12. The form prescribed for claimants un
KViLLK, TiIKSDAV AU&jaJST 30, IS3G.
; dec the 3d section ofthe act will be observ- I
I cd by every other description of claimants, I
; so far as the same may be applicable to their
I cases. The Judge or Justice who may ad- !
! minister an oath, must in every instance
certiliy to the creditability of the affiant.
13. In every case in which the deceased
■ officer or soldier was a pensioner, the fact
| should he so stated, ami the deceased pen-
I sioncr so described as to enable the De
| partment to refer immediately to the evi
dence upon which he was pensioned, and
thus iiti ilitate that investigation of the claim
of his w idow or children.
JAMES L. EDWARDS,
Commissioner of Pensions.
DECLARATION.
In order to obtain the benefit of tke 3d sec
tion of the act of Congress of the Ath
July, 1836.
State, Territory', or District)
of j
! Oo this day of , personally ap
; peared before the , of the
I , A. B. a resident of of
1 the country of and State,
i Territory, or District of , aged
i years, who being first duly sworn according
i to law, doth, on her oath make the following
| declaration, in order to obtain the benefit of
! the provision made by the act of Congress,
passed July 4, 1836. That she is the wid-
I ow of , who was a [here in-
I sort the rank the busband held in the army,
i navy, or militia, as the case may be, and
; specify the service performed, as directed in
) paragraph No of these regu-
! lations.]
She further declares that she was married
to the said , on the day
of , in the year seventeen
hundred and ; that her hns-
band, the aforesaid , died on the
day of ; and
that she has remained a widow ever since
that period, as will more fully appear by re
ference to the proof hereto annexed.
Sworn to and subscribed, on the day and
I year above written, before .
August 23 32—2 t.
CX’’ Printers ofthe laws of the United
States are requested to publish the forego
ing advertisement for two weeks in each of
I their respective papers ; and send their ac-|
, counts to the Pension Office for settlement. :
[By AutSioi’jy.]
J?
■
I
LAWS OF THE UNITED STATES'
PASSED AT THE TWENTY-FOURTH CONGRESS, j
FIRST SESSION.
[Public. —No. G7.]
AN ACT to re-organize the General Land
Office.
Be it enacted by the Senate and House of \
Representatives of the I nitcd States of A
merica in Congress assembled, That from )
and after the passage of this act, the execu- I
live duties now prescribed, or which may |
hereafter be prescribed by law, appertain-;
ing to the surveying and sase ofthe pub ic .
lands of the United States, or in any vise )
respecting such public lands, and, also, such !
as relate to private claims of land, and the ,
issuing of patents for ail grants of land tin- |
der the authority ofthe Government ofthe
United Slates, shall be subject to the super- ;
vision and control of the Commissioner of!
the General Land Office, under the direc
tion of the President of the States.
Sec. 2. Amd be it further enacted, That
there shall be appointed in said office, by
the President, by and with the advice and
consent of the Senate, two subordinate of
ficers, one of whom shall be called Princi
pal Clerk of the Public Lands, and the oth
er Principal Clerk on Private Land Claims,
who shall perform such duties as may be as
signed to them by the Commissioner of the ;
General Land office ; and in case of vacan
j cy in the office of the Commissioner of the
! General Land Office, or of the absence or
I sickness ofthe Commissioner, the duties of
! said officer shall develope upon and be per
! formed, and interim by the Principal Clerk
; ol the public lands.
Sec. 3. And be it f urther enacted, That
there shall be appointed by the president,
by and with the advice and consent of the
Senate, an officer to be styled the Principal
I Clerk of the Surveys, whose duty it shall be
; to direct and superintend the making of sur
veys, the returns thereof, and all matters
i relating thereto, which are done through
) the office of the Surveyor General; and
I he shall perform such other duties as may
; be assigned to him by the commissioner of
I the General Land Office.
j Sec. 4. And be it. further enacted, That
j theie shall he appointed by the President,
by and with the consent of the Senate, a
' liecord ofthe General Land Office, whose
fluty it shall be, in pursuance ot instructions
from the commissioner, to certify mid affix
of the General Land Office to all
patcutsfor public lauds, and lie shall attend
to the correct engrossing and recording'and
transmission of such patents. He shall pre
pare alphabetical indexes of the names of
; patentees, mid of persons entitled to patents;
; and he shall prepare such copies and exem
plification; of matters on file, or recorded
in the General Land Office, as the Com
! mis-.ioner uny from time to time direct.
i Sec. 5. And be it further ciuiclcd, That
■ there shall be appointed by the President,
by mnl with the advice ami consent ofthe
Senate, an officer to be called the Solicitor
of the General Land Office, with an annual
; salary of two thousand doFlars, whose duty
. it shall be to examine mid present a report
; to tiie commi imter, ofthe state of facts in
ilosatii
all cases referred by the Commissioner to
his attention, which shall involve questions
of law, or where the facts are in controversy
between the agents ofthe Government and
individuals, or there are conflicting claims
of parlies before the Departmem, with Lis
opinion thereon ; and also, to advise the
Commissioner, when required thereto, on ail
questions growing out of the management
of the public lands, or the title thereto, pri
vate land claims, Virginia military scrip,
! b • inty lands, and pre-emption claims ; and
| to render such further professional services
| in the business ofthe department as may be
j required, and shad be connected vilb the
1 discharge of the duties thereof.
I Sec. G. And be it further enacted, That
lit shall be luvvhil 12+- tlie President-us the
. United States, by and with the advice and
i consent of the Senate, to appoint i Secreta
ry, with a salary of fifteen hundred dollars
per annum, whose duty it shall be, under
the direction ofthe President, tosign in his
name, and for him, all patents so- land sold
or granted under the authority of he United
States.
Sec. 7. And be it farther enaded, That
it shall be the duty ol the Commksionei to
■ cause to be prepared, and to eerily, under
the seal of the Oeueral Ofi'icc such
copies ot records, books, and papa's on file
in his office, as may be applied br, to be
; used in evidence in courts of justice.
Sec. S. be it further cnactul. That
whenever the office ot’Recorder s mil bc
, come vacant, or in case of the sickness or
absence of the Recorder, the duties of his
office shall be performed, ad interim, by the
Principal Clerk on Private Land Claims.
Sec. 9. And be it'further enacted, That
the Receivers of the land offices, shall make
to the Secretary cf the Treasury monthly
returns of the moneys received in their sev
eral office, and pay over such moneys
pursuant to his instructions. And they
shall also make to the Commissioner ofthe
General Land Office, like monthly returns,
and transmit to him quarterly accounts cur
rent of the debits and credits of their several
offices with the United States.
Sec. 10. And, be it further enacted, That
the Commissioner of the General Land Of
fice shall be entitled to receive an annual
salary of three thousand dollars; the Re
corder of the Genera! Land Office, an an
nual salary of fifteen hundred dollars; the
principal clerk of the surveys, an annual
salary of eighteen hundred dollars and each
of the said principal clerks, an annual sal
ary of eighteen hundred dollars; from and af
ter the date of their respective commissions ;
and that the said commissioner be author
ized to employ, for the service ofthe Gen
erali Land Office, one clerk, whose annual
salary shall not exceed fifteen hundred dol
lars each ; sixteen clerks whose annual sal
ary shall not exceed thirteen hundred dol
lars each ; twenty clerks, whose annual sal
ary shall not exceed twelve hundred dollars
ach ; five clerks, whose annual salary shall
not exceed eleven hundred dollars each ;
thirty-five clerks, whose annual salary shall
not exceed one thousand dollars each; one
principal draughtsman, whose annual sal
aryjshall not exceed fifteen hundred dollars;
one assistant draughtsman, whose annual
salary shall nut exceed twelve hundred dol
lars ; two messenger, whose annual salary
shall not exceed seven immlred dollars each ;
three assistant messenger, whose annua! sal
ary shall not exceed three Immlred and fifty
dollars each, and two packers, to make up
packages of patents, blank form-:, ami other
things necessary to be transmitted to the
district land oliices, at a salary of four hun
dred and fifty dollars each.
Sec. 11. And be i! further enacted, That
such provisions ofthe ai t of the twenty
fifth ol April, in the year one thousand
eight hundred and twelve, entitled “ An
act for the establishment of a General Land
Office in the Department of the Treasury,”
ami of all acts amendatory thereof, as are
inconsistent with the provisions of this act,
be, and the same are hereby, repealed.
Sec. 12. And beii further enacted, That
from the first day of the month of October,
until the first day ofthe month of April in
in oat h and every year, the General Land
Office and all the bureaus and offices there
in as well as those in the Departments ofthe
Treasury, War, Navy, State, ami General
Post Office, shall be open for the transaction
ofthe public, business at leasteigh thours in
each and every day, except Sundays, and
the twenty-fifth day of December ;and from
the first d.ty of April until the first day of
October, in each year, all the aforesaid of
fices and bureaus shall be kept open for the
transaction of the public business at least ten
hours, in each and every day, except Sun
! days and the fourth day of Ji ly.
) Sec. 13. And. U’ it further enacted, That
; if any person shall apply to any register of
j any lam! office to enter any land whatever,
and the said register shall knowingly and
; falsely inform the person so applying that
! the same has already been entered ami re
) fuse to permit the person so applying to en-
I ter the same, such register shall be liable
; therefor to th” persons so applying fin- five
J dollars for cadi acre of land which the per-
I son so applying offered to enter, to be rc
i covered by action of debt in any court of re
cord, having jurisdiction ol the amount.
; Sec. \4. And be it further enacted, That
[ all and every one ofthe officers whose salaries
’ and herein before provided for, are hereby
i prohibited from directly or indirectly ptir-
I chasing or in any way becoming interested
j in the imrehase ol any ol the public lands ;
j -ire in case of a violation of this section by
; such officer, and on proof thereof, being
j made to the I ’resident cf the United States,
! iu< li officer, mi offending, shall be, forth
with, removed from office.
JAMES K. POLK,
Sneaker <d the lioiine <tf Itcnresentativcs
W. R. KING, ‘
t'rixldrnt of ill." Senate pro tempore.
Approved, July 4th 1836.
AN’DKE'A’ J ICKSON,
SPEECH OF Mr. HAYNES,
OF GEORGIA.
In the House of Representatives.
J one 33.
The Resolution calling on the President of,
the United Stales for information rela‘
live to the Treaty lately concluded wiU
the Cherokee Indians, being under com
sideration—
( continued.)
Cessions of land were obtained from time
to lime by the United States, from tie
Creek and Cherokee Indians, in compli
ance with the obligations of the U. States
to Georgia; and however irregular her
Government might have thought it, to form
treaties with Indian tribes, as they were made'
in fulfilment of obligations to herself, she
did not throw any obstruction in their way
on account of the mode in which the gen
eral Government might fulfil its stipulations
with her. Taking the subject as much as
I can in chronological order, it may be most
proper for me here to repel a portion of the
charge made by the member from Massa
chusetts. That member would have it be
lieved that the course of Georgia towards
the Indians within her limits lias been uni
formly cruel and unjust.
Sir the Indians theinseives,and the ar
cheivcs of this Government, prove the con
trary. So early as the year 1790, the
Creek Indians, by the treaty ofNew York
stipulated to return to the Sta.e of Georgia ■
its citizens who had been carried prisioners !
into their nation, and the property which !
they had taken from the people of Georgia. I
In 1796, by the treaty of Colerain, they I
again bound themselves to restore prison
ers and property which they had carried
away from Georgia. By the reatv of Fort
Wilkinson, in 1802, they appropriated five
thousand dollars for the indemnification of
citizens of Georgia, upon whon their peo
ple had committed depredatjonssubsequent
to the treaty of Colerain, in 1796. More
than this. So far from war with tlem having
been provoked by the people of Georgia be
tween 1790 and 1796 the history o?the times
shows that Georgia was not in a -ondition
to have provoked it. That Presid'trt Was
hington ordered the Govenor of South
Carolina to aid in the defence of Gecrgia if it
should be necessary asil was certainly
believed to be, or no such orders would
have been given. In truth, and n fact,
it was but part of that general Indian
war which involved so much, if not all
our western frontier and which was
brought to a conclusion mainly by Wayne’s
victory at the fails of the Miami, in August
1794. It is unnecessary to dwell on the
treaties made with the Creeks and Chero
kees, between 1802 and 1821. it is impor
tant to give a passing notice to this latter
treaty, inasmuch as it recognized the jus
tice ofthe claim of the people of Georgia
for indemnification of losses sustained by the
inersions of Creek Indians, previous to the
30lh of March, ISO 2 and provided tire sam
of §250,000 for their payment without in
terest. But that sum was considerably less
than the aggregate of losses actually srs
ta’med by the people of Georgia at the
hands ofthe Creek Indians. I have no
doubt that ifail the just claims could be paid
with interest from the time depredations
were committed, the aggregate would not
fall short a million of dollars. 11’ 1 have
shown a voluntary acknowledgement by the
Creek Indians, so late as 1821, of a debt
due the citizens of Georgia for spoliations
committed upon them by those Indians prior
to 1802, I think the charge ofthe member
from Massaciisetts is fully answtrd, and
overthrown down to that period. I v. ill
now examine a portion of the history of
this subject in which the honorable mem
ber may fell a deeper interest than in any
porthm ofthe long and uninteresting detail
which 1 have felt it my duty to offer to the
House for the full and perfect illustration
ofthe subject. I speak of the treaty con
cluded by commissioners of the United
States with the Creek Indians, at the In
dian Spring, in February, 1825, and ratifi
ed early in the month of March, thereaf
ter. This treaty had the singular fortune
to be communicated to the Senate by Mr.
Monroe, and officially promulgated after its
ratification by his successor. 1 presume it
is in reference to this treaty that the honor
able gentleman says of Georgia, “She
bade defiance to theauthority of the Gov
ernment of the nation ; she nullified your
laws: she set at naught your executive and
judicial guardians of the common constitu
tion ol the land.” Sir, 1 have shown that
in all she has done in reference to Indians,
Georgia has kept herself within the pale of
the “common constitution ofthe land,” as
the same has been understood or acted up
on by a large majority, indeed nearly all
her sister States, with whom she concurred
in its establishment ; and the facts and ar
guments which 1 have presented entirely
overthrow the rmsustaiiied assertion even of
Ex-President of’ the United State. But
to return to the treaty. By the second ar
ticle of that treaty, among other things
there is this stipulation : “ The United
States agree to pay to the nation emigrating
from the lands herein ceded, the sum of
fourhundred thousand dollars, of which
amount there shalljlie paid to the said party o
the second part, (the Indians) as soon as
practicable after the ratification of this treaty
the sum of two hundred thousand dollars.”
.Anti it was further stipulated in the fifth
article, “at the particular request ofthe
said parties of the second part tliat the pay
ment and disbursement ofthe first sum here
in provided for shall be made by
the present commissioners negotiating
this treaty.” The necessary appropri
ation was made at the same session ot
Congress at which the treaty was ratified
to carry it into effect. In compliance with
the provision with the provision ot'tile treaty
requiring the sum of two hundred thousand
dollars to be paid “ us soon as practicable
after the ratificaliiu if this treaty,'' and
to be paid by the commissioners negotiating
it,” that sum was placed in the hands of
Duncan G. Campbell and James Merriweth
er the commissioners to be paid over ac
cording to provisions of the treaty. As the
cession of land obtained by the treaty was
(or the use benefit ami occupancy of the
people ofGeorgia the GovernorofthatState
issued his proclamation on the 22d of the
same month, (of March,) warning all per
sons citizens of Georgia, or others against
trespassing or intruding upon the lands oc
cupied by the Indians within the limits of this
State.” although the treaty surrendered all
the lands claimed by the Creeks within the
limits of Georgia. On the 18th ofApril,
1825, Governor Troup issued his procla
mation convening the Legislature, to take
mto consideration the disposal of the Linds
acquired by the then late treaty with the
Creek Indians. Tlie Legislature convened
on tne 23d of May therealtcr, and within a
few days Past an act disposing of the ac
quired territory, by lottery, ti e mode ol
distribution which had been pursed for more
than twenty years.
This act did not authorize the immediate
occupancy ot the lands, but provided lor its
survey at an early period. Was there a
subsisting treaty with the Creek Indians to
all the lands then occupied by them within
the limits ot Georgia ? There was, as I have
already shown, and money appropriated
and placed in tne hands of the commission
ers for making payment of the first instal
ment stipulated by it. Who then nullified
the treaty.'' Georgia, by her act to survey
the land, and draw a lottery for it. when the
consummation of that treaty made the land
the rightlul property of her citizens? Cer
tainly not. Who then was the nullifiei r—
rhe then President of the United States;
for it was he who arrested this treaty, this .
snpi erne law ot the land, on his mere motion,
his own will and pleasure, and not the Gov
ernment or people ot Georgia. The con
stitution makes all treaties a portion of the
supreme law ot the land, with which the
1 resident of the United States lias nothing
to do, but to execute them. But, as I have
said, tne President ofthe United States did
arrest tne operation of the treaty of 1825,
by arbitrarily withdrawing from the com
missioners the money which had been ap
propriated by Congress, and placedin their
hands to be paid over “as soon as practica
ble,” under the provisions of the treaty. It
matters not what was the pretext for so do
ing; the act was done, and done for the
purpose ot arresting the operation of a su
preme law of the laud. I again say, that in
the contest which occurred between the
Government ot Georgia and the Executive
ofthe United Slates, in 1825, and what
grew out ot ii, John Quincy Adams, the
then President ot the United States, was a
nullitier, and that the authorities ofGeorgia
were only struggling to sustain “a supreme
law of the land.” 1 know that this course
Las its attempted justification of fraud or ir
regularity in the making of the treaty re
ferred to, but I also know that a President
of the United States must execute the law
as he finds it, allowing to him a just exer
cise of his judgement whether it violates the
federal constitution. 1 very well remem
ber the principal incidents of a public na
ture which occurred at the time referred to,
81 within tl;" following year of the Presiden
tial term ot the then Chief Magistrate. The
plea of fraud was set up to cover his nullifi
cation, miller w hich he attempts to justify
his charges against Georgia. 1 will inquire
mto some of the incidents connected with
the hones! treaty concluded ny him with a
Creek delegation at this place early in tire
year 1826, ami ratified on the 24th of April
ot that year. But before proceeding, per
mit me to remark that the land acquired by
the treaty of 1825, passed immediately to
Georgia, and that she had a perfect right to
adopt her own legislation over her own
property, subject only to the temporary oc
cupancy secured by the treaty to the Indi
ans. The treaty of 1826, was ratified on
the 24th of April, and the day after, the
members of the honest delegation, called on
the Secretary of War to make arrangements
to distribute the amount stipulated by the
treaty to be paid to the chiefs, head men,
and warriors of the Creek nation, namely,
the sum of 8217,000. They presented a
catalogue whereby it was proposed to divide
of that sum, among twenty-one Creeks and
three Cherokees, one hundred and fifty nine
thousand seven hundred dollars. The Sec
retary advised them not to make such dis
tribution, but adopted no measure to pre
vent. it.
In the progress through Congress of the
bill for carrying the treaty into effect, the
fact was communicated to a Senator that
twenty-one Creeks and three Cherokees,
were known to intend to divide among thein-
I selves the sum 1 have just mentioned. In
consequence of such information, the Sen
ate amended the bill so as to require the
I payment of the <*217,000 in lull council in
! the nation, upon the certain calculation
! that the fraud, here made known, would be
i there prevented.
But, strange as it may appear, I have
! been informed, and upon evidence entitled
! to undoubted credit, that this honest dele
gation, with which the then President ne
j gotiated his tn aty of 1826, adding two oth
j ers to their list, did actually divide, between
i twenty-three Creeks and three Cherokees,
I (he latter receiving mi aggregate of forty
thousand dollars, leaving one hundred and
sixty-seven thousand eight Immlred dollars,
of two hundred and seventeen thousand to
lie distributed between the chiefs, head rn<m,
and warriors of the Creek nation. Is it not
wonderful, that the sensibility which arrest
ed a supreme law ofthe land in 1825 on sus
picion. of’ fraud, should have permitted a
transaction subject to bis own official super
vision, to be stamped by such indellihle ev
idence of the same in 1826 ? If further proof
be necessary to establish the readiness of
Georgia to abide by the decision of Con
. gross, and her co-states, it w ill be found in
the memorial ami remonstrance adopted by
IHLiBMMSIfD BY P. j,.
wsms,s<] fte.
her Legislature in December, 1826, upon
tins subject.
Fids remonstrance was intended to set
forth the causes which | iat l disturbed the har
mony prevmrrsly existing between the State
ot Georgia ami the Executive of ihe Union,
from the time the President of the United
.Mates, of bis own wifi and accord, nullifieel
me treaty conchxled:H the Indian Springs,
m February, 1825. It was nothing more
nor less than tin appeal to Congros and
h * other States against the arbitrary con
duet of the Chief Magistrate us lbe Union.
In proof of the spirit from which it sprang,
it is only necessary to make a few referen
ces to its preamble, jn which it will be fount!
that the wiy'-y^sulject in controversy was
submitted* and the other Slates
of the confetti avy. The memorial dis
tinctly states, that ‘’in the good feeling and
sincerity of the Slates, we have the most un
doubted confidence in the integrity of pur
pose, honesty of motive, and fidelity of ser
vice, of the National Legislature. \V e can .
not feel one distrustful emotion. Before
that body, we believe we can be respectful
ly heard, and to that body, we as firmly be
lieve the crisis has arrived, when it becomes
necessary to prefer a solemn appeal.”
Again, after enumerating thecauses of com
pfaint against the P;ceculive alone, the me
morial uses this forcible language: “ It is a
matter of anxious and fearful contemplation,
what must be the result of this collision, if
we fail to enlist the well known justice and
prudence of that part ot’ the General Gov
ernment io w hicli we have now been com
pelled reluctantly to appeal.” “We can
not but trust that the authority (Congress
and the Slates) to which we have now re
ferred these unhappy differences, will duly
ly appreciate the motive as well as the ob
ject ol this appeal. Our reliance is on the
wisdom ami justice of the nation.” ‘f We
want nothing that does not fairly belong to
the State sovereignties. To whatever our
sistor States w ill submit, in that, we must ac
quiesce. Il they would be contented with
the treatment Georgia has received, and
will come out with a public declaration of
the fact, from that moment our complaints
are hushed. \\ e threaten no consequen
ces: it would be idle and yam to do so.”
The memorial concludes with the following
resolutions:
“ Resolved, r i hat a separate copy of dfis
report, with the documents neecsMuy to sup
port the facts tne. ein detailed, be forwarded
by his Excellency the Governor, to our
Senators and Representatives in Congress,
to be by them respectfully presented to each
branch of Congress, with a request that
they use their hot exertions to have redres
sed the grievances of this State, iu tlie vari
ous particulars to which this report has ref
erence, and for the future harmony of the
Sta.es, to request of that body to make aij
explicit declaration of the rights that belong
-o the National Government, and those
which belongto the State of Georgia, (and
consequently to the other States,) resulting
from the immediate difference of opinion
specially enumerated in the foregoing re
port.”
“ Resolved, That his Excellency the Gov
ernor, be requested to forward also a copy
ol tins repo. t and documents, to the Gover
nor ot each Slate in the Union, with an ear
nest and respectful request that he lay the
same before the Legislature of his State;
and they are hereby most affectionately and
respectfully solicited to express to this State,
whether they are prepared to anmit the
foregoing principles, and the powers grow
ing out of them, as belonging to the Gener
al Government, and whether Georgia is
bound an! must submit to the treatment
ivhicn. she conceives she has most icrongfulli!
sustained al the hands of the Executive
Department ofthe General Government,"
k rom the relerences which I have made
to the memorial of Georgia, in 1826, it is
manifest that it breathes any thing but defi
ance and contumacy towards the"Govern
?JENT of the Union, unless a nullifying
Chief Magistrate alone constituted tbatgov
crnmenl. In w hat stronger t< rms of confi
dence and affection cculd the Legislature of
Georgia. Lave appealed io the wisdom and
justice of Congress, than by “requesting
that body to make an explicit declaration of
tne rights that belong to the National Gov
ernment, and those which belong to Geor
gia, (and consequently the other States.)”
Or Low could she have more strongly ex
pressed her readiness to abide by the decis
ion asked, both Irom Congress and the
States, than by pledging herself that *‘to
whatever* her sister States would submit, in
that she w ould acquiesce; and if they would
deciare that they would lie contented with
the treatment Georgia had received, front
that moment her complaints would be hush
ed, distinctly stating, that she thrAitened
consequences, lor it w ould be vain and idle
to do so. Upon the ex imination w hich I
have made of the allegations of the honora
ble gentleman, so far as his charties have;
reference to the collision between Georgia-,
mid himself, as Chief Magistrate of the
Union, 1 know of no other illustration of
his accusations so appropriate within tig;
whole range of fact or fable, as the quam l
fastened by the wolf upon the sheep for pol
luting the stream, by drinking from it be
low him. Georgia voted against him in her
electoral college, in 1824, and in this Hotts.-
in lc-5, and held up his arbitrary conduct,
towards her in the years 1825, 1526, and
1827, to the just indignation ofthe Ameri
can people; and it seems that he htis not
yet forgiven her for the one or ' lie other, or
lie might have spared himself and this
House, the gratuitous denunciations lie has
lex eled against her. Eelieving that I have
sufficiently shown that the President ofthe.
United States, and not the i Government or
people ol Georgia, nullified the treaty mai'f;
at the Indian Springs in 1825. 1 will next,
proceed to show how stands the
ol the honorable gentleman respecting the,
conflict between the State of Georgia tin !,
the Supreme Court of the United State
and first, wish respect to the Indians.
