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No. 45 ■ -Vol. V.]
POLITICAL.
IUSHiItN RESERVATIONS IN GEOK
GIA.
•*l>s■?* .from the President of the United
‘ales, to both Houses of Congress.
insrad io Congress certain papers
rated in a report from the Secretary
r, relating to the compact between
ited States and the Slate of Georgia,
1 into in 1802, whereby the latter
Io the former a portion of the terri
en within its limits, on the conditions
i specified. By the 4th article of
impact, it was stipulated that the
Stales should, at their own expense,
tish, for the use of Georgia, the ludi
to all the lands within the state, as
* ‘* “tight be done peaceably and on
ble conditions. These papers shew
sasures adopted by the Executive of
ited States, in fulfilment of the sever
ities of the compact, from its date
present time, and particularly the
itions and treaties with the Indian
or the extinguishment of their title,
i estimate of the number of acres
sed, and sums paid for the lands they
id. They show, also, the slate in
this interesting concern now rests
ie Cherokees, one of the tribes with
state, and the inability of the Execu
make any further movement with
be, without the special sanction of
tas.
I W have full confidence that my predeces
pi exerted their best endeavours to exe
lsS this compact in all its parts, of which,
peed, the sums paid, and the lands acquir
|during their respective terms, in fulfil
|nf of its several stipulations, are a full
Bof. I have also been animated, since I
pie into this office, with the same zeal,
|m an anxious desire lo meet the wishes
I the state, and in the hope that, by the
lablishaicnt of Ihegp tribes beyond the
Ississippi, their improvement in civiliza-
Hi, their security, and happiness, would
I promoted. By the paper bearing date
I the 30th of January last, which wascom
■imcated to the Chiefs of the Cherokee
ition in this city, who came to protest
‘ainst any further appropriations of money
r holding treaties with them, the obliga
>n imposed on the United States, by the
impact with Georgia, to extinguish the
dian title to the right of soil within the
ate, and the i3comf"* ;t ' ,m 7 ‘” ,Tn v '“‘ ‘J
pi, of their existence as a distinct commu
ty within any state, were pressed with the
piost earnestness, it was proposed to
jem, at the same time, to procure andcon
|y to them territory, beyond theMississip
, in exchange for that which they hold
[•bin the limits of Georgia, or to pay them
r its value in money. To this proposal,
Ijeir answer, which bears date 11 th of Feb
jary following, gives an unqualified refu
il. By Ibis, it is manifest that, at the pres
et time, and in their present temper, they
jn he removed inly by force, to which,
iould it be deemed proper, the power of
[e Executive is incompetent.
I have no hesitation, however, to declare
las my opinion, that the Indian title was
bt affected in the slightest circumstance by
e compact with Georgia, and that there
no obligation on the United States lo re
iove the Indians by force. The express
;ipu!ation of the compact, that their title
iould be extinguished at the expense of
je United States, when it may be done
taceably and on reasonable conditions, is a
all proof that if was the clear and distinct
tiderstandiog of both parties to it, that the
ndians had a right to the territory, in the
isposal of which they were to be regarded
s free agents. An attempt to remove them
y force would, in my opinion, be unjust,
n the future measures to be adopted in ro
;ard to the Indians within our limits, and,
n consequence, within the limits ol any
tate, the United States have duties to per
orm, and a character to sustain, to which
hey ought not to be indifferent. At an
>nrly period, their improvement in the arts
>f cu ilized life was made an object with the
jovernment, aud that has since been perse
fered in. This policy wa dictated by mo
lives of humanity to the aborigines of the
bountry, and under a firm conviction that
[he right to adopt and pursue it was equal
ly applicable to all the tribes within our
limits.
My impression is equally strong that it
■would promote essentially the security and
■happiness of the tribes within our limits, if
(they could be prevailed on to retire West
|and North of our states and territories, on
Blands to be procured for them by the Unit
led States, in exchange for those on which
| they now reside. Surrounded as they are,
. and pressed as they will be, on every side,
( by the while population, it will be difficult,
I if not impossible, for them, with their kind
of government,to sustain order among them.
Their interiour will be exposed to frequent
disturbances, to remedy which, the interpo
sition of the United States will be indispen
sable, and thus their government will grad
ually lose its authority, until it is annihilat
ed. In this process, the moral character
of the tribes will also be lost, since the
change will be too rapid to admit their im
provement in civilisation, to'enable them to
institute and uain a government founded
on our principles, if such a change were
THE missionary:
compatible either with the Compact with
Georgia, or with our general system, or to
become members of a 3tate, should any
state be willing to adopt them in such num
bers, regarding the good order, peace, and
tranquillity of such state. But all these
evils may be avoided* if these tribes will
coosent to remove beyond the limits of our
present states and territories. Lands equal
ly good, and perhaps more fertile may be
procured lor them in those quarters; the
relations between the United States and
such Indians would still be the same. Con
siderations of humanity and benevolence,
which have now great weight, would ope
rate, in that event, with* an augmented
force ; since we should feel sensibly the ob
ligation imposed on us by the accommoda
tion which they thereby afforded us. Plac
ed at ease, as the United States would then
be, the improvement of those tribes in civ
ilization, and in all the arts and usages of
civilized life, would become the part of a
general system, which might be adopted on
great consideration, and in which every
portion of our Union would then fake an
equal interest. These views have steadily
been pursued by the Executive, and the
moneys which have been placed at its dis
posal, have been so applied, in the manner
best calculated, according to its judgement,
to produce this desirable result, as will ap
pear by the documents which accompany
the report of the Secretary of War.
1 submit this subject to the consideration
of Congress, under a high sense of its im
portance, and of the propriety of an early
decision on it. This compact gives a claim
lo the state which ought to be executed, in
all its conditions, with perfect good faith.
In doing this, however, it is the duty of the
United States to regard its strict import, and
to make no sacrifice of their interest not
called for by the compact, nor cofitemplat
ed by either of the parties, when it was en
tered into, nor lo commit any breach of
right or of humanity in regard to the Indi
ans, repugnant to the judgement, and re
volting *o the feeling*, of the whole Atneri
can people, 1 submit the subject to your
consideration, in lull confidence that you
w ill duly weigh the obligations of the com
pact with Georgia, its import in all its part*,
and the exlent to which the United States
are bound to go, under it. I submit it wi;h
equal confidence, that you will al*o weigh
the nature of the Indian title to territory
illations in the several treaties with this
tribe, respecting territory held bv it within
the state of Georgia, and decide whether
any measure, on the part of Congress, is
called for at the present lime, and what
such measure shall be if any is deemed ex
pedient. JAMES MONROE.
Washington, 30th March, 1824.
REPORT OF THE SECRETARY OF
WAR.
Department of War,
March 29, 1824.
Sin : In obedience to your order, direct
ing me lo furnish a statement of the facts
and circumstances connected with the exe
cution of the 4th article of the convention
between the United States and Georgia, ot
tlie 2d of April, 1802, in which the former
stipulates “ to extinguish at their own ex
pense, for the use of Georgia, as early as
the same can be peaceably obtained, upon
reasonable terms, the Indian title to the
lands lying within the limits of that slate,”
I hare the honour to make the following
report:
By the convention above referred to,
Georgia ceded to the United Slates all the
lands lying south of the state of Tennessee,
and west of the Chatabour.be river, and a
line drawn from the mouth of Uchne creek
direct to the Nicojak, on the Tennessee
river. In consideration of this cession, the
United States stipulated lo pay the state of
Georgia g 1,250,000, and obligated them
selves, in the manner above stated, to ex
tinguish the Indian title within the limits of
the stale. The convention also provider
for She adjustment of the Yazoo claims,
which were afterwards provided for by the
act of Congress, approved March 31, 1814.
At the date of ihe convention, the Indi
ans owned, within (he limits of Georgia,
25,980,000 acres, of which 19,578,890 acres
belonged to the Creeks, and 7,152,110
acres to the Cherokees, which tribes own
ed, besides, a considerable extent of country
in the states of Alabama, Tennessee, and
North Carolina. Between both of those
tribes and the United States there were sub
sisting treaties, at the time f the date of
the convention, which, among other things,
fixed the limits of their respective territo
ries, and guaranteed to them the lands with
in those limits. (See Ist vol. U. S. Laws—
treaty with the Creek Indians, p. 361, art.
5. Treaty with the Creeks, ratified 7th
Angust, 1790. Same, page 327, treaty of
Holston, 1791, art. 7. Same, page 332,
treaty of 1798, near Tellico, articles 1
and 2.)
In fulfilment of the stipulation of the 4tb
article with Georgia, there has been held
seven treaties with the Creeks and Chero
kees; of which five were with the former;
two of which were previous to the late war
with Great Britain, in 1812, and three since.
By the two preceding the declaration of
war, there were ceded to Georgia 2,713,-
Os all the dispositions and hahit/whfch leadto Scal'nrn^’ ‘n, P° spel Creati.re.-^ M , Christ.
P - ltical prosperity, Religion and Morality are indispensable supports Washington.
MOUNT ZION, (HANCOCK COUNTY, GEORGIA.) MONDAY, APRIL 26, 1824.
890 acres, and by the three ißtter, 11,736,-
090 acres, making together 14,748,690
acres. With the Cherokees, there have
been held two treaties, both since the late
war, by which Georgia has acquired 995,-
310 acres, which, added to that acquired by
treaties with the Creek natioo, make 15,
744,000 acres, that hare been ceded to
. s ' nCe ate the convention,
in fulfilment of its stipulstions.
In acquiring these cessions for the state
of Georgia, the United States have expend
ed $958,954 90; to which should be added,
the value of 995,310 acres, which were
given in exchange with (lie Cherokees, on
the Arkansas river., for a similar quantity
ceded by the Cherokees to Georgia, by the
treaties of 1817 aod 1819, which lands, es
timated at the minimum price of the pnb
lick lands, would make $1,244,137 50. If
to these we add the sum of $1,250,000, paid
to Georgia under the convention, and $4,-
282,151 12 1-2, paid to the Yazoo claim
ants, it will be found that (lie Unitid States
have already paid, under the convention,
$7,735,243 52 1-2, which does not include
ant - portion of the expense of the Creek
war, by which upwards of seven millions of
acre 9 were acquired to the state of Georgia.
The United States have ever been solici
tous to fulfil, at the earliest period, the ob
ligation of the convention, by the extin
guishment of the Indian titles within the li
mits of Georgia : a most satisfactory proof
of which may be found in the number of
treaties which have been held for that pur
pose, the quantity of lands which have been
acquired, and the price paid. In fact, such
has been the solicitude of the government,
that but little regard has been had to the
price, whenever it has beeD found possible
to obtain a cession of lands to the state.
The price given has far exceeded that which
has ever been given in other purchases
from the Indians.
I feel satisfied that it may be asserted,
with confidence, that no opportunity of ex
tinguishing the Indian titles, “on reasona
ble terms,” has been neglected to be em
braced by the U. States.
It may be proper to notice, more particu
larly, the treaty of Fort Jackson, of 1814,
with the Creek Indians; and those of 1817
and 1819, with the Cherokees, as, under
those treaties, lands were ceded, not only
within the limits of Georgia, but also in the
neighbouringjtates of Alabama, Tennessee,
some explanation.
It may be proper to premise, that pre
vious to the late war, the four most power
ful and numerous tribes of Indians, the
Creeks, Cherokees, Chickasaws, and Choc
taws, lay contiguous to oce another, and
were situated on the weakest portion of our
frontier. They contained, at the period
referred to, a population of between sixty
and seventy thousand, and could raise at
least 15,000 warriors. During the late
war with Great Britain, great anxiety was
felt in relation to those numerous aod pow
erful tribes, and, although all, except the
Creeks, remained at peace, it is believed
there was a strong tendency towards hos
tility among some of the other tribes. The
Creeks commenced hostility at a critical
period of the war, and created a powerful
diversion of our resources, both of men aod
money; but, by a vigorous prosecution of
the war, they were reduced, after many &
severe losses. The treaty of Fort Jackson
followed. They were a conquered people,
and treated as such ; and such terms were
imposed as considerations of pnblick policy
dictated.
The advantage that would result by se
parating those powerful southern tribes
from one another, and from the territory of
Florida, at that time a foreign province,
were among the roost obvious dictates of
policy, as it would effectually guard against
the possible future combination of those
tribes, and prevent the liability to hostility,
which almost invariably results from the
intercourse of Indian tribes with a foreign
territory. The Creek Indians were re
quired to make the cession of lauds to the
United States, in such a manner as to effect
those important objects; and, accordingly,
the United States acquired a large cession
in what is now the state of Alabama, which
separated the Creeks nd Cherokees from
the Chickasaws and Choctaws; and a ces
sion, in the southern part of Georgia, which
Separated the Creeks from the province of
Florida.
It was not conceived that there was any
thing in the stipulation of the convention
with Georgia, which prevented the United
States from pursuing those views of nation
al policy. The obligation of the United
States extends only to the purchase of lands
within the limits of Georgia, so soon as it
could be done upon “ peacable and reason
able terms. 1 ’ The lands were acquired
by conquest, and not by pnrehase, which
left the nation at liberty to pursue those
views of policy which have been stated,
and which, it is believed, has tended strong
ly to give security and strength to the moat
vulnerable portion of the country.
In noticing the treaties of 1817 and 1819,
it may be proper to premise, that, as far
back as the year 1804, a delegation from
the Cherokee nation, (ben at the seat of
Government, were informed by Mr. Jef
ferson, if the Cherokees, or any* portion of
them, thought proper to emigrate to the
Arkansas, they should receive as much land
ns they were entitled to in proportion to
their numbers, on the east of the Mississip
pi. Under the sanction of this promise, &l
tempted by the abundance of game, emig
ration continued from the Cherokee nation,
in small parties, to the Arkansas, until
1817. The number being then considera
ble, a commission was constitued lo treat
with the Cherokee nation, on the basis of
the arrangement made by Mr. Jefferson,
which was followed by the treaty of the
Bth July, 1817, which, among other things,
stipulated that a census of the Cherokee
nation should be taken in June following,
and that a portion of the country should be
ceded to the U. States, equal to that which
those who emigrated to the Arkansas were
entitled to ; that is to say, if it was found
that one third had emigrated, one-third of
the territory should be ceded, and so in any
other proportion, according to the number
that should emigrate. To carry the treaty
into effect, Congress appropriated, by the
act of the 20lh April, 1818, the sum of SBO,-
000, in order to defray the expenses that
might be attendant on the emigration of the
Cherokees to the Arkansas; and Joseph
M‘Minn, Esq. then Governour of Tennes
see, was appointed agent lo carry the trea
ty into effect. It was found, however, im
possible to take the census as proposed by
the treaty, in June, and various causes de
layed its final execution till the beginning of
the year 1819. In (he mean time, the em
igration of the Cherokees was incessantly
urged by all the means in possession of the
government.
It was the desire of the Government that
the whole nation should emigrate, under
the belief that it would be better for the
Indians, as well as ourselves; and no effort,
on the part of the Government, was left
untried, to induce them to emigrate. A
large portion of the nation, however, were
so decidedly opposed to it, that it was found
impossible to carry this policy oflhe Gov
ernment into effect.
Tbeappropriation being finally exhaust
ed, a delegation of the Cherokee nation was
permitted to visit the seat of government,
in 1819, in order to close the treaty of
1817. It was ascertained that about one
third part of the natioD had emigrated, or
eoroled to emigrate, to the Arkansas; and
the. delecatian-Dronos.ed.Ri treat upon that,
mained to fix on the portion ot territory to
be ceded. With the view of throwing the
land to be ceded within the limits of Geor
gia, and to separate the Creek and Chero
kee nations, the Government proposed, that
all the lands lying south aod east of Eto
wah, one of the main branches of the Coosa
river, should be ceded by the Cherokees;
but it wa9 found impossible to induce the
delegation to yield to that proposition, or
to any other, more favourable to Georgia,
than that which was adopted. They were
fixed in their determination, particularly,
not to be separated from the Creek nation,
bv an intervening white population, and to
cover their northern boundary by the Ten
nessee river, which necessarily threw the
cession, made by the treaty, into Alabama,
Tennessee, and North Carolina, as well as
Georgia. Since the treaty of 1819, two
attempts have been made, under nppropri
ations of Congress, to open a negotiation
with the Cherokee nation, for further ces
sion, both of which have proved abor
tive.
During the present winter, a delegation,
of the principal chiefs of the Cherokee na
tion, visited the seat of government, and
the opportunity was seized to make known
to them the sentiments of the Government,
upon the subject of additional cessions, in
order to fulfil the stipulation of the conven
tion with Georgia.
It cannot be doubted, that much of the
difficulty of acquiring additional cessions
from the Cherokee nation, and the other
Southern tribes, results from their growing
civilization and knowledge, by which they
have learned to place a higher value upon
their lands than more rude and savage
tribes. Maoy causes have contributed to
place them higher in the scale of civiliza
tion than other Indians within our limits.
Lying in large masses, they do not feel that
depression, which is invariably felt by small
and detached tribes in the neighbourhood
of the whites. In addition to which, we
may add the genial nature of their climate,
which enables them to pass more readily
from the Hunter to the Herdsman state;
and the fertility of their soil, and the value
of their staple articles, particularly cotton.
To these, however, must be added the hu
mane and benevolebt policy of tbg govern
ment, which has ever directed a fostering
care to the Indians within our limits. This
policy is as old as the government itself; &
has been habitually and strongly extended
to the Cherokee nation.
By the 14th article of the treaty of Hols
too, in the year 1791, it is stipulated, “ that
the Cherokee may be led to a great
er degree of civilization, and to become
herdsmen and cultivators, instead of remain
ing in a state of hunters, the Unied States
will, from time to time, furnish, gratuitous
ly, (be said nation with useful implements
of husbandry; and, further to assist the
said nation in so desirable a pursuit, and,
[Price $3 50 per ann.
j at the sam*; time, to establish a certain mode
of commoi.icalion, the United States will
9end such and so many persons to reside in
Baid nation, a9 they way judge proper. Dot
exceeding four in number, who shall quali
fy themselves to act as interpreters. These
persons shall have lands assigned by the
Cherokees, for cultivation, for themselves,
and their successors in office ; but they
shall be precluded exercising any kind of
traffick.”
Id conformity to the provisions of this ar
ticle, the various utensils of husbrndry
have been abundantly aod constantly dis
tributed to the Cherokee nation, which has
resulted in creating a taste for farming, and
the comforts of civilized life. This humane
policy of the government, since’ the ler
midation of the late war, has taken, in some
degree, anew direction. Certain benevo
lent societies, in the year 1816, applied for
permission to make establishments an.tng
tho Cherokees, and other Southern tribes,
for the purpose of educating nod instructing
them in Ibe arts of civilized life. Their
application was favourably received. The
experiment proved so favourable that
Congress, by (he act of 3d March, 1819,
appropriated 10,000 dollars, annually, us a
Civilization Fund, which has been applied
in such a manner as very considerably to
increase the extent and usefulness of the
efforts of benevolent individuals, and to
advance the work of Indian civiliza
tion
In performing the dulies of humanity to
the wretched aborigines of our country, it
has never been conceived, that the stipula
tion of the convention with Georgia, to ex
tinguish the Indian title within her limits,
was contravened. The Government has
been actuated solely by a desire to perform
the obligation, which considerations of hu
manity imposed on us, in relation to these
unfortunate people. Their situation, at
best, is wretched, andean only be render
ed tolerable, by the perpetual exercise of
that humanity, kindness, and justice, which
has ever characterized the acts of the Gov
ernment, towards them.
I have the honour to be, very respect
fully, sir, your obedient servant, -
J. C. CALHOUN - ,
To the President of the U. States.
[Accompanying this Report, are nearly a hun
dred pages of documentary matter, from which
toMeratf
To the President of the United States:
The Secretary of War bas addressed to
the gentlemen composing the Georgia del
egation to Congress, copies of the extraor
dinary documents furnished by persons who
are called the Cherokee Delegation. As this
is believed to be the first instance in which
a diplomatick correspondence bas been held
with Indian Chiefs , and in which they have
been addressed by the Department of War
in the same terms with those used to the
Representation of a State, it becomes a sub
ject of inquiry in whai light the Cheiokees
are at present viewed by the Government
of the United States. If aan independent
nation, to be treated with by all the forms of
diplomatick respect, the negotiation with
them should be transferred to the Depart
ment of State, and will, no doubt, be prece
ded by a proper examination into their au
thority to speak for the Cherokee tribe, on
matters affecting its prosperity and exis
tence. If to be viewed as other Indians; as
persons suffered to reside within the terri
torial limits of the United States, and sub*
ject to every restraint which the policy and
power of the general government require
to be imposed upon them, for the interest
of the Union, the interest of a particular
state, and their own preservation, it is ne
cessary that these misguided men should be
taught by the general government that
there is no alternative between their re
moval beyond the limits of the state of
Georgia and their extinction. The gov
ernment of the United Slates will deceive
th£m grossly if they are led to believe that,
at this day, their consent is necessary to the
fulfilment of its obligations to the state of
Georgia. Their will must yi&ld to the par
amount duties of the general government
to itself and to each member of the confede
racy. The Cherokees allege (if, indeed,
the representation made is made with their
authority) that they are resolved neither to
lenve nor sell the lands on which they re
side—lands which belong to the state of
Georgia; over which Georgia did claim
sovereignty until the adoption of the feder
al constitution, and over which she will ex
ercise her powers whenever any adminis
tration of the general government resolves
to fix permanently npoD them any persons
who are not, and whom she will never snf
fer to become , her citizens. The doctrines
of the general government, sanctioned by
the highest tribunals, vindicate the claim of
Georgia to the ownership of the soil. The
Indians are simply occupants —tenants at will
—incapable of transferring even their nak
ed possession, except through the instru
mentality of the United States, to the state
of Georgia. Aware of the tenure by which
their temporary possession is held, their
bead men have sought, in many instances,
to secure from the United States a title to
the soil itself. Stipulations have been en
tered into by the general government equal-